VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT

ACT OF 1994

[Public Law 103–322; Approved September 13, 1994]

[As Amended Through P.L. 117–315, Enacted December 27, 2022]

øCurrency: This publication is a compilation of the text of Public Law 103–322. It

was last amended by the public law listed in the As Amended Through note above

and below at the bottom of each page of the pdf version and reflects current law

through the date of the enactment of the public law listed at https://

www.govinfo.gov/app/collection/comps/¿

øNote: While this publication does not represent an official version of any Federal

statute, substantial efforts have been made to ensure the accuracy of its contents.

The official version of Federal law is found in the United States Statutes at Large

and in the United States Code. The legal effect to be given to the Statutes at

Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿

AN ACT To control and prevent crime.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This Act may be cited as the ‘‘Violent Crime Control and Law

Enforcement Act of 1994’’.

SEC. 2. TABLE OF CONTENTS.

The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—PUBLIC SAFETY AND POLICING

Sec. 10001. Short title.

Sec. 10002. Purposes.

Sec. 10003. Community policing; ‘‘Cops on the Beat’’.

TITLE II—PRISONS

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

Grants

Sec. 20101. Definitions.

Sec. 20102. Authorization of Grants.

Sec. 20103. Violent offender incarceration grants.

Sec. 20104. Truth-in-sentencing incentive grants.

Sec. 20105. Special rules.

Sec. 20106. Formula for grants.

Sec. 20107. Accountability.

Sec. 20108. Authorization of appropriations.

Sec. 20109. Payments for Incarceration on Tribal Lands.

Sec. 20110. Payments to eligible States for incarceration of criminal aliens.

Sec. 20111. Support of Federal prisoners in non-Federal institutions.

Sec. 20112. Report by the Attorney General.

Subtitle B—Punishment for Young Offenders

Sec. 20201. Certain punishment for young offenders.

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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, re-

lease, and probation.

Sec. 20404. Application to prisoners to which prior law applies.

Sec. 20405. Crediting of ‘‘good time’’.

Sec. 20406. Task force on prison construction standardization and techniques.

Sec. 20407. Efficiency in law enforcement and corrections.

Sec. 20408. Amendments to the Department of Education Organization Act and the

National Literacy Act of 1991.

Sec. 20409. Appropriate remedies for prison overcrowding.

Sec. 20410. Congressional approval of any expansion at Lorton and congressional

hearings on future needs.

Sec. 20411. Awards of Pell Grants to prisoners prohibited.

Sec. 20412. Education requirement for early release.

Sec. 20413. Conversion of closed military installations into Federal prison facilities.

Sec. 20414. Post-conviction release drug testing—Federal offenders.

Sec. 20415. Reporting of cash received by criminal court clerks.

Sec. 20416. Civil rights of institutionalized persons.

Sec. 20417. Notification of release of prisoners.

Sec. 20418. Correctional job training and placement.

TITLE III—CRIME PREVENTION

Subtitle A—Ounce of Prevention Council

Sec. 30101. Ounce of Prevention Council.

Sec. 30102. Ounce of prevention grant program.

Sec. 30103. Definition.

Sec. 30104. Authorization of appropriations.

Subtitle B—Local Crime Prevention Block Grant Program

Sec. 30201. Payments to local governments.

Sec. 30202. Authorization of appropriations.

Sec. 30203. Qualification for payment.

Sec. 30204. Allocation and distribution of funds.

Sec. 30205. Utilization of private sector.

Sec. 30206. Public participation.

Sec. 30207. Administrative provisions.

Sec. 30208. Definitions.

Subtitle C—Model Intensive Grant Programs

Sec. 30301. Grant authorization.

Sec. 30302. Uses of funds.

Sec. 30303. Program requirements.

Sec. 30304. Applications.

Sec. 30305. Reports.

Sec. 30306. Definitions.

Sec. 30307. Authorization of appropriations.

Subtitle D—Family and Community Endeavor Schools Grant Program

Sec. 30401. Community schools youth services and supervision grant program.

Sec. 30402. Family and community endeavor schools grant program.

Sec. 30403. Authorization of appropriations.

Subtitle G—Assistance for Delinquent and At-Risk Youth

Sec. 30701. Grant authority.

Sec. 30702. Authorization of appropriations.

Subtitle H—Police Recruitment

Sec. 30801. Grant authority.

Sec. 30802. Authorization of appropriations.

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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.

HAPTER

1—C

OMMUNITY

CONOMIC

ARTNERSHIP

NVESTMENT

UNDS

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.

HAPTER

2—E

MERGING

OMMUNITY

EVELOPMENT

ORPORATIONS

Sec. 31121. Community development corporation improvement grants.

Sec. 31122. Emerging community development corporation revolving loan funds.

HAPTER

3—M

ISCELLANEOUS

ROVISIONS

Sec. 31131. Definitions.

Sec. 31132. Authorization of appropriations.

Sec. 31133. Prohibition.

Subtitle O—Urban Recreation and At-Risk Youth

Sec. 31501. Purpose of assistance.

Sec. 31502. Definitions.

Sec. 31503. Criteria for selection.

Sec. 31504. Park and recreation action recovery programs.

Sec. 31505. Miscellaneous and technical amendments.

Subtitle Q—Community-Based Justice Grants for Prosecutors

Sec. 31701. Grant authorization.

Sec. 31702. Use of funds.

Sec. 31703. Applications.

Sec. 31704. Allocation of funds; limitations on grants.

Sec. 31705. Award of grants.

Sec. 31706. Reports.

Sec. 31707. Authorization of appropriations.

Sec. 31708. Definitions.

Subtitle S—Family Unity Demonstration Project

Sec. 31901. Short title.

Sec. 31902. Purpose.

Sec. 31903. Definitions.

Sec. 31904. Authorization of appropriations.

HAPTER

1—G

RANTS

TATES

Sec. 31911. Authority to make grants.

Sec. 31912. Eligibility to receive grants.

Sec. 31913. Reports.

HAPTER

2—F

AMILY

NITY

EMONSTRATION

ROJECT FOR

EDERAL

RISONERS

Sec. 31921. Authority of the Attorney General.

Sec. 31922. Requirements.

Subtitle T—Substance Abuse Treatment in Federal Prisons

Sec. 32001. Substance abuse treatment in Federal prisons.

Subtitle U—Residential Substance Abuse Treatment for State Prisoners

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

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Subtitle V repealed by PL 104-134

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.

HAPTER

1—F

EDERAL

ENALTIES FOR

RIMES

Sec. 40111. Repeat offenders.

Sec. 40112. Federal penalties.

Sec. 40113. Mandatory restitution for sex crimes.

Sec. 40114. Authorization for Federal victim’s counselors.

HAPTER

2—L

NFORCEMENT AND

ROSECUTION

RANTS

EDUCE

IOLENT

RIMES

GAINST

OMEN

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

HAPTER

3—S

AFETY FOR

OMEN IN

UBLIC

RANSIT AND

UBLIC

ARKS

Sec. 40131. Grants for capital improvements to prevent crime in public transpor-

tation.

Sec. 40132. Grants for capital improvements to prevent crime in national parks.

Sec. 40133. Grants for capital improvements to prevent crime in public parks.

HAPTER

4—N

VIDENTIARY

ULES

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

HAPTER

5—A

SSISTANCE TO

ICTIMS OF

EXUAL

SSAULT

Sec. 40151. Education and prevention grants to reduce sexual assaults against

women.

Sec. 40152. Training programs.

Sec. 40153. Confidentiality of communications between sexual assault or domestic

violence victims and their counselors.

Sec. 40154. Information programs.

Sec. 40155. Education and prevention grants to reduce sexual abuse of runaway,

homeless, and street youth.

Sec. 40156. Victims of child abuse programs.

Subtitle B—Safe Homes for Women

Sec. 40201. Short title.

HAPTER

1—N

ATIONAL

OMESTIC

IOLENCE

OTLINE

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

HAPTER

2—I

NTERSTATE

NFORCEMENT

Sec. 40221. Interstate enforcement.

HAPTER

3—A

RREST

OLICIES IN

OMESTIC

IOLENCE

ASES

Sec. 40231. Encouraging arrest policies.

HAPTER

4—S

HELTER

RANTS

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

HAPTER

5—Y

OUTH

DUCATION

Sec. 40251. Youth education and domestic violence.

HAPTER

6—C

OMMUNITY

ROGRAMS ON

OMESTIC

IOLENCE

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

HAPTER

7—F

AMILY

IOLENCE

REVENTION AND

ERVICES

MENDMENTS

Sec. 40271. Grantee reporting.

Sec. 40272. Technical amendments.

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HAPTER

8—C

ONFIDENTIALITY FOR

BUSED

ERSONS

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

HAPTER

9—D

ATA AND

ESEARCH

Sec. 40291. Research agenda.

Sec. 40292. State databases.

Sec. 40293. Number and cost of injuries.

HAPTER

10—R

URAL

OMESTIC

IOLENCE AND

HILD

BUSE

NFORCEMENT

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 vic-

tims.

Subtitle D—Equal Justice for Women in the Courts Act

Sec. 40401. Short title.

HAPTER

1—E

DUCATION AND

RAINING FOR

UDGES AND

OURT

ERSONNEL IN

TATE

OURTS

Sec. 40411. Grants authorized.

Sec. 40412. Training provided by grants.

Sec. 40413. Cooperation in developing programs in making grants under this title.

Sec. 40414. Authorization of appropriations.

HAPTER

2—E

DUCATION AND

RAINING FOR

UDGES AND

OURT

ERSONNEL IN

EDERAL

OURTS

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 bene-

fits.

Sec. 40506. National baseline study on campus sexual assault.

Sec. 40507. Report on battered women’s syndrome.

Sec. 40508. Report on confidentiality of addresses for victims of domestic violence.

Sec. 40509. Report on recordkeeping relating to domestic violence.

Subtitle F—National Stalker and Domestic Violence Reduction

Sec. 40601. Authorizing access to Federal criminal information databases.

Sec. 40602. Grant program.

Sec. 40603. Authorization of appropriations.

Sec. 40604. Application requirements.

Sec. 40605. Disbursement.

Sec. 40606. Technical assistance, training, and evaluations.

Sec. 40607. Training programs for judges.

Sec. 40608. Recommendations on intrastate communication.

Sec. 40609. Inclusion in national incident-based reporting system.

Sec. 40610. Report to Congress.

Sec. 40611. Definitions.

Subtitle G—Protections for Battered Immigrant Women and Children

Sec. 40701. Alien petitioning rights for immediate relative or second preference sta-

tus.

Sec. 40702. Use of credible evidence in spousal waiver applications.

Sec. 40703. Suspension of deportation.

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The items relating to subtitle R and section 41801 were added by section 109(b) of division

W of Public Law 117–103. Pursuant to section 4(a) of such division, the amendment takes

effect on October 1, 2022.

Subtitle R—Restorative practices

Sec. 41801. Pilot program on restorative practices.

TITLE V—DRUG COURTS

Sec. 50001. Drug courts.

Sec. 50002. Study by the General Accounting Office.

TITLE VI—DEATH PENALTY

Sec. 60001. Short title.

Sec. 60002. Constitutional procedures for the imposition of the sentence of death.

Sec. 60003. Specific offenses for which death penalty is authorized.

Sec. 60004. Applicability to Uniform Code of Military Justice.

Sec. 60005. Death penalty for murder by a Federal prisoner.

Sec. 60006. Death penalty for civil rights murders.

Sec. 60007. Death penalty for the murder of Federal law enforcement officials.

Sec. 60008. New offense for the indiscriminate use of weapons to further drug 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 fa-

cilities.

Sec. 60015. Death penalty for the murder of State or local officials assisting Fed-

eral law enforcement officials and State correctional officers.

Sec. 60016. Protection of court officers and jurors.

Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, and informants.

Sec. 60018. Death penalty for murder of Federal witnesses.

Sec. 60019. Offenses of violence against maritime navigation or fixed platforms.

Sec. 60020. Torture.

Sec. 60021. Violence at airports serving international civil aviation.

Sec. 60022. Terrorist Death Penalty Act.

Sec. 60023. Weapons of mass destruction.

Sec. 60024. Enhanced penalties for alien smuggling.

Sec. 60025. Protection of jurors and witnesses in capital cases.

Sec. 60026. Appointment of Counsel.

TITLE VII—MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED

OF CERTAIN FELONIES

Sec. 70001. Mandatory life imprisonment for persons convicted of certain felonies.

Sec. 70002. Limited grant of authority to Bureau of Prisons.

TITLE VIII—APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN

CERTAIN CASES

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

cases.

TITLE IX—DRUG CONTROL

Subtitle A—Enhanced Penalties and General Provisions

Sec. 90101. Enhancement of penalties for drug trafficking in prisons.

Sec. 90102. Increased penalties for drug-dealing in ‘‘drug-free’’ zones.

Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons and for

smuggling drugs into Federal prisons.

Sec. 90104. Clarification of narcotic or other dangerous drugs under RICO.

Sec. 90105. Conforming amendments to recidivist penalty provisions of the Con-

trolled Substances Act and the Controlled Substances Import and Ex-

port Act.

Sec. 90106. Advertising.

Sec. 90107. Violent crime and drug emergency areas.

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Subtitle B—National Narcotics Leadership Act Amendments

Sec. 90201. Implementation of National Drug Control Strategy.

Sec. 90202. Report on reprogramming; office personnel restriction.

Sec. 90203. National Drug Control Strategy outcome measures.

Sec. 90204. Counter-Drug Technology Assessment Center.

Sec. 90205. Special Forfeiture Fund amendments.

Sec. 90206. Authorization of appropriations.

Sec. 90207. Adequate staffing of the Office of National Drug Control Policy.

Sec. 90208. Termination of Office of National Drug Control Policy.

TITLE X—DRUNK DRIVING PROVISIONS

Sec. 100001. Short title.

Sec. 100002. State laws applied in areas of Federal jurisdiction.

Sec. 100003. Driving while intoxicated prosecution program.

TITLE XI—FIREARMS

Subtitle A—Assault Weapons

Sec. 110101. Short title.

Sec. 110102. Restriction on manufacture, transfer, and possession of certain semi-

automatic 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 fin-

gerprints.

Sec. 110302. Compliance with State and local law as a condition to license.

Sec. 110303. Action on firearms license application.

Sec. 110304. Inspection of firearms licensees’ inventory and records.

Sec. 110305. Reports of theft or loss of firearms.

Sec. 110306. Responses to requests for information.

Sec. 110307. Notification of names and addresses of firearms licensees.

Subtitle D—Domestic Violence

Sec. 110401. Prohibition against disposal of firearms to, or receipt of firearms by,

persons who have committed domestic abuse.

Subtitle E—Gun Crime Penalties

Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a crime

of violence or a drug trafficking crime.

Sec. 110502. Enhanced penalty for second offense of using an explosive to commit

a felony.

Sec. 110503. Smuggling firearms in aid of drug trafficking.

Sec. 110504. Theft of firearms and explosives.

Sec. 110505. Revocation of supervised release after imprisonment.

Sec. 110506. Revocation of probation.

Sec. 110507. Increased penalty for knowingly making false, material Statement in

connection with the acquisition of a firearm from a licensed dealer.

Sec. 110508. Possession of explosives by felons and others.

Sec. 110509. Summary destruction of explosives subject to forfeiture.

Sec. 110510. Elimination of outmoded language relating to parole.

Sec. 110511. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 110512. Using a firearm in the commission of counterfeiting or forgery.

Sec. 110513. Enhanced penalties for firearms possession by violent felons and seri-

ous 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.

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Sec. 110517. Increased penalty for interstate gun trafficking.

Sec. 110518. Firearms and explosives conspiracy.

Sec. 110519. Definition of armor piercing ammunition.

TITLE XII—TERRORISM

Sec. 120001. Extension of the statute of limitation for certain terrorism offenses.

Sec. 120002. Jurisdiction over crimes against United States nationals on certain

foreign ships.

Sec. 120003. Counterfeiting United States currency abroad.

Sec. 120004. Sentencing guidelines increase for terrorist crimes.

Sec. 120005. Providing material support to terrorists.

TITLE XIII—CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT

Sec. 130001. Enhancement of penalties for failing to depart, or reentering, after

final order of deportation.

Sec. 130002. Criminal alien tracking center.

Sec. 130003. Alien witness cooperation and counterterrorism information.

Sec. 130004. Deportation procedures for certain criminal aliens who are not perma-

nent 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 con-

spiracy to commit contract killings.

Sec. 140008. Solicitation of minor to commit crime.

TITLE XV—CRIMINAL STREET GANGS

Sec. 150001. Criminal street gangs.

Sec. 150002. Adult prosecution of serious juvenile offenders.

Sec. 150003. Addition of anti-gang Byrne grant funding objective.

Sec. 150006. Mentoring program.

Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted low-in-

come 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 pornog-

raphy.

Sec. 160003. Confirmation of intent of Congress in enacting sections 2252 and 2256

of title 18, United States Code.

TITLE XVII—CRIMES AGAINST CHILDREN

Subtitle A—Jacob Wetterling Crimes Against Children and Sexually Violent

Offender Registration Act

Sec. 170101. Establishment of program.

Subtitle B—Assaults Against Children

Sec. 170201. Assaults against children.

Subtitle C—Missing and Exploited Children

Sec. 170301. Short title.

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Sec. 170302. Purpose.

Sec. 170303. Establishment of task force.

TITLE XVIII—RURAL CRIME

Subtitle A—Drug Trafficking in Rural Areas

Sec. 180101. Authorizations for rural law enforcement agencies.

Sec. 180102. Rural crime and drug enforcement task forces.

Sec. 180103. Rural drug enforcement training.

Sec. 180104. More agents for the Drug Enforcement Administration.

Subtitle B—Drug Free Truck Stops and Safety Rest Areas

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

Subtitle C—Sense of Congress Regarding Funding for Rural Areas

Sec. 180301. Funding for rural areas.

TITLE XIX—FEDERAL LAW ENFORCEMENT

Sec. 190001. Federal judiciary and Federal law enforcement.

TITLE XX—POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING

AND EDUCATION

Subtitle A—Police Corps

Sec. 200101. Short title.

Sec. 200102. Purposes.

Sec. 200103. Definitions.

Sec. 200104. Establishment of office of the police corps and law enforcement edu-

cation.

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.

Subtitle B—Law Enforcement Scholarship Program

Sec. 200201. Short title.

Sec. 200202. Definitions.

Sec. 200203. Allotment.

Sec. 200204. Establishment of program.

Sec. 200205. Scholarships.

Sec. 200206. Eligibility.

Sec. 200207. State application.

Sec. 200208. Local application.

Sec. 200209. Scholarship agreement.

Sec. 200210. Authorization of appropriations.

TITLE XXI—STATE AND LOCAL LAW ENFORCEMENT

Subtitle A—Byrne Program

Sec. 210101. Extension of Byrne Grant funding.

Subtitle B—Law Enforcement Family Support

Sec. 210201. Law enforcement family support.

Subtitle C—DNA Identification

Sec. 210301. Short title.

Sec. 210302. Funding to improve the quality and availability of DNA analyses for

law enforcement identification purposes.

Sec. 210303. Quality assurance and proficiency testing standards.

Sec. 210304. Index to facilitate law enforcement exchange of DNA identification in-

formation.

Sec. 210305. Federal Bureau of Investigation.

Sec. 210306. Authorization of appropriations.

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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 sys-

tems resulting from enactment of this Act.

Sec. 210603. Availability of violent crime reduction trust fund to fund activities au-

thorized by the Brady Handgun Violence Prevention Act and the Na-

tional Child Protection Act of 1993.

TITLE XXII—MOTOR VEHICLE THEFT PREVENTION

Sec. 220001. Short title.

Sec. 220002. Motor vehicle theft prevention program.

Sec. 220003. Altering or removing motor vehicle identification numbers.

TITLE XXIII—VICTIMS OF CRIME

Subtitle A—Victims of Crime

Sec. 230101. Victim’s right of allocution in sentencing.

Sec. 230102. Sense of the Senate concerning the right of a victim of a violent crime

or sexual abuse to speak at an offender’s sentencing hearing and any

parole hearing.

Subtitle B—Crime Victims’ Fund

Sec. 230201. Allocation of funds for costs and grants.

Sec. 230202. Relationship of crime victim compensation to certain Federal pro-

grams.

Sec. 230203. Administrative costs for crime victim compensation.

Sec. 230204. Grants for demonstration projects.

Sec. 230205. Administrative costs for crime victim assistance.

Sec. 230206. Maintenance of effort.

Sec. 230207. Change of due date for required report.

Sec. 230208. Amendment of the Victims of Crime Act.

TITLE XXIV—PROTECTIONS FOR THE ELDERLY

Sec. 240001. Missing Americans Alert Program.

Sec. 240002. Crimes against the elderly.

TITLE XXV—SENIOR CITIZENS AGAINST MARKETING SCAMS

Sec. 250001. Short title.

Sec. 250002. Enhanced penalties for telemarketing fraud.

Sec. 250003. Increased penalties for fraud against older victims.

Sec. 250004. Rewards for information leading to prosecution and conviction.

Sec. 250005. Authorization of appropriations.

Sec. 250006. Broadening application of mail fraud statute.

Sec. 250007. Fraud and related activity in connection with access devices.

Sec. 250008. Information network.

TITLE XXVI—COMMISSION MEMBERSHIP AND APPOINTMENT

Sec. 260001. Commission membership and appointment.

Sec. 260002. Conforming amendment.

TITLE XXVII—PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL

COMMISSION ON CRIME PREVENTION AND CONTROL

Sec. 270001. Presidential summit.

Sec. 270002. Establishment; committees and task forces; representation.

Sec. 270003. Purposes.

Sec. 270004. Responsibilities of the Commission.

Sec. 270005. Administrative matters.

Sec. 270006. Staff and support services.

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Sec. 270007. Powers.

Sec. 270008. Report; termination.

Sec. 270009. Authorization of appropriations.

TITLE XXVIII—SENTENCING PROVISIONS

Sec. 280001. Imposition of sentence.

Sec. 280002. Technical amendment to mandatory conditions of probation.

Sec. 280003. Direction to United States Sentencing Commission regarding sen-

tencing enhancements for hate crimes.

Sec. 280004. Authorization of probation for petty offenses in certain cases.

Sec. 280005. Full-time vice chairs of the United States Sentencing Commission.

Sec. 280006. Cocaine penalty study.

TITLE XXIX—COMPUTER CRIME

Sec. 290001. Computer Abuse Amendments Act of 1994.

TITLE XXX—PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR

VEHICLE RECORDS

Sec. 300001. Short title.

Sec. 300002. Prohibition on release and use of certain personal information from

State motor vehicle records.

Sec. 300003. Effective date.

TITLE XXXI—VIOLENT CRIME REDUCTION TRUST FUND

Sec. 310001. Creation of Violent Crime Reduction Trust Fund.

Sec. 310002. Conforming reduction in discretionary spending limits.

Sec. 310003. Extension of authorizations of appropriations for fiscal years for which

the full amount authorized is not appropriated.

Sec. 310004. Flexibility in making of appropriations.

TITLE XXXII—MISCELLANEOUS

Subtitle A—Increases in Penalties

Sec. 320101. Increased penalties for assault.

Sec. 320102. Increased penalties for manslaughter.

Sec. 320103. Increased penalties for civil rights violations.

Sec. 320104. Penalties for trafficking in counterfeit goods and services.

Sec. 320105. Increased penalty for conspiracy to commit murder for hire.

Sec. 320106. Increased penalties for arson.

Sec. 320107. Increased penalties for drug trafficking near public housing.

Sec. 320108. Task force and criminal penalties relating to the introduction of non-

indigenous 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 re-

ceiving 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 gam-

bling on ships in international waters.

Subtitle F—White Collar Crime Amendments

Sec. 320601. Receiving the proceeds of extortion or kidnapping.

Sec. 320602. Receiving the proceeds of a postal robbery.

Sec. 320603. Crimes by or affecting persons engaged in the business of insurance

whose activities affect interstate commerce.

Sec. 320604. Miscellaneous amendments to title 18, United States Code.

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Sec. 320605. Federal Deposit Insurance Act amendment.

Sec. 320606. Federal Credit Union Act amendments.

Sec. 320607. Addition of predicate offenses to financial institutions rewards statute.

Sec. 320608. Definition of ‘‘savings and loan association’’ for purposes of the offense

of bank robbery and related offenses.

Sec. 320609. Definition of 1-year period for purposes of the offense of obstruction

of a Federal audit.

Subtitle G—Safer Streets and Neighborhoods

Sec. 320701. Short title.

Sec. 320702. Limitation on grant distribution.

Subtitle H—Recreational Hunting Safety

Sec. 320801. Short title.

Sec. 320802. Obstruction of a lawful hunt.

Sec. 320803. Civil penalties.

Sec. 320804. Other relief.

Sec. 320805. Relationship to State and local law and civil actions.

Sec. 320806. Regulations.

Sec. 320807. Rule of construction.

Sec. 320808. Definitions.

Subtitle I—Other Provisions

Sec. 320901. Wiretaps.

Sec. 320902. Theft of major artwork.

Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and property

damage offenses to eliminate inconsistencies and gaps in coverage.

Sec. 320904. Gun-free school zones.

Sec. 320905. Interstate wagering.

Sec. 320906. Sense of Congress with respect to violence against truckers.

Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births.

Sec. 320908. Sense of the Senate regarding the role of the United Nations in inter-

national organized crime control.

Sec. 320909. Optional venue for espionage and related offenses.

Sec. 320910. Undercover operations.

Sec. 320911. Misuse of initials ‘‘DEA’’.

Sec. 320912. Definition of livestock.

Sec. 320913. Asset forfeiture.

Sec. 320914. Clarification of definition of a ‘‘court of the United States’’ to include

the district courts for Guam, the Northern Mariana Islands, and the

Virgin Islands.

Sec. 320915. Law enforcement personnel.

Sec. 320916. Authority to investigate violent crimes against travelers.

Sec. 320917. Extension of statute of limitations for arson.

Sec. 320918. Sense of Congress concerning child custody and visitation rights.

Sec. 320919. Edward Byrne Memorial Formula Grant Program.

Sec. 320920. Sense of the Senate regarding Law Day, U.S.A.

Sec. 320921. First time domestic violence offender rehabilitation program.

Sec. 320922. Display of flags at halfstaff.

Sec. 320923. Financial institution fraud.

Sec. 320924. Definition of parent for the purposes of the offense of kidnapping.

Sec. 320926. Hate Crime Statistics Act.

Sec. 320927. Exemption from Brady background check requirement of return of

handgun to owner.

Sec. 320928. Amendment of the National Child Protection Act of 1993.

Sec. 320929. Tennessee Valley Authority law enforcement personnel.

Sec. 320932. Assistant United States attorney residency.

Sec. 320933. Labels on products.

Sec. 320934. Non-dischargeability of payment of restitution order.

Sec. 320935. Admissability of evidence of similar crimes in sex offense cases.

TITLE XXXIII—TECHNICAL CORRECTIONS

Sec. 330001. Amendments relating to Federal financial assistance for law enforce-

ment.

Sec. 330002. General title 18 corrections.

Sec. 330003. Corrections of erroneous cross references and misdesignations.

Sec. 330004. Repeal of obsolete provisions in title 18.

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Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices Act.

Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116.

Sec. 330007. Elimination of redundant penalty.

Sec. 330008. Corrections of misspellings and grammatical errors.

Sec. 330009. Other technical amendments.

Sec. 330010. Correction of errors found during codification.

Sec. 330011. Problems related to execution of prior amendments.

Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate predicate

crimes.

Sec. 330013. Amendments to part V of title 18.

Sec. 330014. Update of cross reference.

Sec. 330015. Correction of error in amendatory language.

Sec. 330016. Correction of misleading and outmoded fine amounts in offenses under

title 18.

Sec. 330017. Technical corrections to title 31 crimes.

Sec. 330018. Repeal of superfluous statute of limitation and transfer of child abuse

statute of limitation.

Sec. 330019. Technical errors in section 1956.

Sec. 330020. Technical error.

Sec. 330021. Conforming spelling of variants of ‘‘kidnap’’.

Sec. 330022. Margin error.

Sec. 330023. Technical corrections relating to section 248 of title 18, United States

Code.

Sec. 330024. Technical amendments necessitated by the enactment of the Domestic

Chemical Diversion Control Act of 1993.

Sec. 330025. Victims of Crime Act.

TITLE I—PUBLIC SAFETY AND

POLICING

SEC. 10001. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This title may be cited as the ‘‘Public Safety Partnership and

Community Policing Act of 1994’’.

SEC. 10002. ø34 U.S.C. 10381 note¿ 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 in-

novative programs to permit members of the community to as-

sist 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 as-

sist State, Indian tribal government, and local law enforcement

agencies in reorienting the emphasis of their activities from re-

acting to crime to preventing crime,

by establishing a program of grants and assistance in furtherance

of these objectives, including the authorization for a period of 6

years of grants for the hiring and rehiring of additional career law

enforcement officers.

SEC. 10003. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

(a) I

ENERAL

.—Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—

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(1) by redesignating part Q as part R;

(2) by redesignating section 1701 as section 1801; and

(3) by inserting after part P the following new part:

‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

POLICING; ‘COPS ON THE BEAT’

‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY

POLICING GRANTS.

‘‘(a) G

RANT

UTHORIZATION

.—The Attorney General may make

grants to States, units of local government, Indian tribal govern-

ments, 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) R

EHIRING

, H

IRING

AND

NITIAL

EDEPLOYMENT

RANT

ROJECTS

.—

‘‘(1) I

N 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 enforce-

ment officers for deployment in community-oriented polic-

ing across the Nation; and

‘‘(C) procure equipment, technology, or support sys-

tems, 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 in-

crease 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) G

RANTS FOR EQUIPMENT

TECHNOLOGY

AND SUPPORT

SYSTEMS

.—Grants pursuant to paragraph (1)(C)—

‘‘(A) may not exceed—

‘‘(i) 20 percent of the funds available for grants

pursuant to this subsection in fiscal year 1995;

‘‘(ii) 20 percent of the funds available for grants

pursuant to this subsection in fiscal year 1996; or

‘‘(iii) 10 percent of the funds available for grants

pursuant to this subsection in fiscal years 1997, 1998,

1999, and 2000; and

‘‘(B) may not be awarded in fiscal years 1998, 1999, or

2000 unless the Attorney General has certified that grants

awarded in fiscal years 1995, 1996, and 1997 pursuant to

subparagraph (1)(C) have resulted in an increase in the

number of officers deployed in community-oriented policing

equal to or greater than the increase in the number of 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).

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‘‘(c) T

ROOPS

-C

OPS

ROGRAMS

.—

‘‘(1) I

N 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 commu-

nity-oriented policing, particularly in communities that are ad-

versely affected by a recent military base closing.

‘‘(2) D

EFINITION

.—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) A

DDITIONAL

RANT

ROJECTS

.—Grants made under sub-

section (a) may include programs, projects, and other activities to—

‘‘(1) increase the number of law enforcement officers in-

volved in activities that are focused on interaction with mem-

bers of the community on proactive crime control and preven-

tion by redeploying officers to such activities;

‘‘(2) provide specialized training to law enforcement officers

to enhance their conflict resolution, mediation, problem solv-

ing, 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 ac-

tivities 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 en-

forcement agencies in the prevention of crime in the commu-

nity, such as a citizens’ police academy, including programs de-

signed 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 fa-

cilities) 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 ap-

pearances;

‘‘(7) establish and implement innovative programs to in-

crease and enhance proactive crime control and prevention pro-

grams involving law enforcement officers and young persons in

the community;

‘‘(8) develop and establish new administrative and mana-

gerial 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 work-

ing with community members) with other Federal programs

that serve the community and community members to better

address the comprehensive needs of the community and its

members; and

‘‘(10) support the purchase by a law enforcement agency of

no more than 1 service weapon per officer, upon hiring for de-

ployment in community-oriented policing or, if necessary, upon

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existing officers’ initial redeployment to community-oriented

policing.

‘‘(e) P

REFERENTIAL

ONSIDERATION OF

PPLICATIONS FOR

TAIN

RANTS

.—In awarding grants under this part, the Attorney

General may give preferential consideration, where feasible, to ap-

plications for hiring and rehiring additional career law enforcement

officers that involve a non-Federal contribution exceeding the 25

percent minimum under subsection (i).

‘‘(f) T

ECHNICAL

SSISTANCE

.—

‘‘(1) I

N GENERAL

.—The Attorney General may provide tech-

nical 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) M

ODEL

.—The technical assistance provided by the At-

torney 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 as-

sociated with community or problem-oriented policing and

methodologies for its implementation.

‘‘(3) T

RAINING CENTERS AND FACILITIES

.—The technical as-

sistance provided by the Attorney General may include the es-

tablishment and operation of training centers or facilities, ei-

ther 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 ex-

ecutives, 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 Po-

licing Act of 1994.

‘‘(g) U

TILIZATION OF

OMPONENTS

.—The Attorney General may

utilize any component or components of the Department of Justice

in carrying out this part.

‘‘(h) M

INIMUM

MOUNT

.—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 sub-

section (a) not less than 0.5 percent of the total amount appro-

priated in the fiscal year for grants pursuant to that subsection. In

this subsection, ‘qualifying State’ means any State which has sub-

mitted an application for a grant, or in which an eligible entity has

submitted an application for a grant, which meets the require-

ments prescribed by the Attorney General and the conditions set

out in this part.

‘‘(i) M

ATCHING

UNDS

.—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 rela-

tion 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

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of the increased hiring level using State or local sources of funding

following the conclusion of Federal support, as provided in an ap-

proved plan pursuant to section 1702(c)(8).

‘‘(j) A

LLOCATION OF

UNDS

.—The funds available under this

part shall be allocated as provided in section 1001(a)(11)(B).

‘‘(k) T

ERMINATION OF

RANTS FOR

IRING

FFICERS

.—The au-

thority 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 At-

torney 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 amend-

ments to this part and related provisions of law in light of the ter-

mination of the authority to make grants for the hiring and rehir-

ing of additional career law enforcement officers.

‘‘SEC. 1702. APPLICATIONS.

‘‘(a) I

ENERAL

.—No grant may be made under this part un-

less an application has been submitted to, and approved by, the At-

torney General.

‘‘(b) A

PPLICATION

.—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) C

ONTENTS

.—In accordance with the regulations or guide-

lines established by the Attorney General, each application for a

grant under this part shall—

‘‘(1) include a long-term strategy and detailed implementa-

tion plan that reflects consultation with community groups and

appropriate private and public agencies and reflects consider-

ation of the statewide strategy under section 503(a)(1);

‘‘(2) demonstrate a specific public safety need;

‘‘(3) explain the applicant’s inability to address the need

without Federal assistance;

‘‘(4) identify related governmental and community initia-

tives which complement or will be coordinated with the pro-

posal;

‘‘(5) certify that there has been appropriate coordination

with all affected agencies;

‘‘(6) outline the initial and ongoing level of community sup-

port for implementing the proposal including financial and in-

kind contributions or other tangible commitments;

‘‘(7) specify plans for obtaining necessary support and con-

tinuing the proposed program, project, or activity following the

conclusion of Federal support;

‘‘(8) if the application is for a grant for hiring or rehiring

additional career law enforcement officers, specify plans for the

assumption by the applicant of a progressively larger share of

the cost in the course of time, looking toward the continuation

of the increased hiring level using State or local sources of

funding following the conclusion of Federal support;

‘‘(9) assess the impact, if any, of the increase in police re-

sources on other components of the criminal justice system;

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‘‘(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 ex-

tent 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 agen-

cy.

‘‘(d) S

PECIAL

ROVISIONS

.—

‘‘(1) S

MALL JURISDICTIONS

.—Notwithstanding any other

provision of this part, in relation to applications under this

part of units of local government or law enforcement agencies

having jurisdiction over areas with populations of less than

50,000, the Attorney General may waive 1 or more of the re-

quirements of subsection (c) and may otherwise make special

provisions to facilitate the expedited submission, processing,

and approval of such applications.

‘‘(2) S

MALL 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 Gen-

eral may waive 1 or more of the requirements of subsection (c)

and may otherwise make special provisions to facilitate the ex-

pedited submission, processing, and approval of such applica-

tions.

‘‘SEC. 1703. RENEWAL OF GRANTS.

‘‘(a) I

ENERAL

.—Except for grants made for hiring or rehir-

ing additional career law enforcement officers, a grant under this

part may be renewed for up to 2 additional years after the first fis-

cal 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 appli-

cation and if the recipient can demonstrate significant progress in

achieving the objectives of the initial application.

‘‘(b) G

RANTS FOR

IRING

.—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 not-

withstanding the limitation in that subsection concerning the num-

ber of years for which grants may be renewed.

‘‘(c) M

ULTIYEAR

RANTS

.—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 addi-

tional career law enforcement officers.

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

‘‘(a) N

ONSUPPLANTING

EQUIREMENT

.—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 trib-

al governments, funds supplied by the Bureau of Indian Affairs,

but shall be used to increase the amount of funds that would, in

the absence of Federal funds received under this part, be made

available from State or local sources, or in the case of Indian tribal

governments, from funds supplied by the Bureau of Indian Affairs.

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‘‘(b) N

-F

EDERAL

OSTS

.—

‘‘(1) I

N GENERAL

.—States and units of local government

may use assets received through the Assets Forfeiture equi-

table sharing program to provide the non-Federal share of the

cost of programs, projects, and activities funded under this

part.

‘‘(2) I

NDIAN 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 en-

forcement functions on any Indian lands may be used to pro-

vide the non-Federal share of the cost of programs or projects

funded under this part.

‘‘(c) H

IRING

OSTS

.—Funding provided under this part for hir-

ing or rehiring a career law enforcement officer may not exceed

$75,000, unless the Attorney General grants a waiver from this

limitation.

‘‘SEC. 1705. PERFORMANCE EVALUATION.

‘‘(a) M

ONITORING

OMPONENTS

.—Each program, project, or ac-

tivity funded under this part shall contain a monitoring component,

developed pursuant to guidelines established by the Attorney Gen-

eral. The monitoring required by this subsection shall include sys-

tematic identification and collection of data about activities, accom-

plishments, and programs throughout the life of the program,

project, or activity and presentation of such data in a usable form.

‘‘(b) E

VALUATION

OMPONENTS

.—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 out-

come evaluations, the effectiveness of funded programs, projects,

and activities may be required. Outcome measures may include

crime and victimization indicators, quality of life measures, com-

munity perceptions, and police perceptions of their own work.

‘‘(c) P

ERIODIC

EVIEW AND

EPORTS

.—The Attorney General

may require a grant recipient to submit to the Attorney General

the results of the monitoring and evaluations required under sub-

sections (a) and (b) and such other data and information as the At-

torney General deems reasonably necessary.

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

‘‘If the Attorney General determines, as a result of the reviews

required by section 1705, or otherwise, that a grant recipient under

this part is not in substantial compliance with the terms and re-

quirements of an approved grant application submitted under sec-

tion 1702, the Attorney General may revoke or suspend funding of

that grant, in whole or in part.

‘‘SEC. 1707. ACCESS TO DOCUMENTS.

‘‘(a) B

Y THE

TTORNEY

ENERAL

.—The Attorney General shall

have access for the purpose of audit and examination to any perti-

nent books, documents, papers, or records of a grant recipient

under this part and to the pertinent books, documents, papers, or

records of State and local governments, persons, businesses, and

other entities that are involved in programs, projects, or activities

for which assistance is provided under this part.

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20 Sec. 10003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(b) B

Y THE

OMPTROLLER

ENERAL

.—Subsection (a) shall

apply with respect to audits and examinations conducted by the

Comptroller General of the United States or by an authorized rep-

resentative of the Comptroller General.

‘‘SEC. 1708. GENERAL REGULATORY AUTHORITY.

‘‘The Attorney General may promulgate regulations and guide-

lines to carry out this part.

‘‘SEC. 1709. DEFINITIONS.

‘‘In this part—

‘‘ ‘career law enforcement officer’ means a person hired on

a permanent basis who is authorized by law or by a State or

local public agency to engage in or supervise the prevention,

detection, or investigation of violations of criminal laws.’’

‘‘ ‘citizens’ police academy’ means a program by local law

enforcement agencies or private nonprofit organizations in

which citizens, especially those who participate in neighbor-

hood watch programs, are trained in ways of facilitating com-

munication between the community and local law enforcement

in the prevention of crime.

‘‘ ‘Indian tribe’ means a tribe, band, pueblo, nation, or

other organized group or community of Indians, including an

Alaska Native village (as defined in or established under the

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)),

that is recognized as eligible for the special programs and serv-

ices provided by the United States to Indians because of their

status as Indians.’’.

(b) T

ECHNICAL

MENDMENT

.—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:

‘‘P

ART

Q—P

UBLIC

AFETY AND

OMMUNITY

OLICING

; ‘C

OPS ON THE

EAT

’

‘‘Sec. 1701. Authority to make public safety and community policing grants.

‘‘Sec. 1702. Applications.

‘‘Sec. 1703. Renewal of grants.

‘‘Sec. 1704. Limitation on use of funds.

‘‘Sec. 1705. Performance evaluation.

‘‘Sec. 1706. Revocation or suspension of funding.

‘‘Sec. 1707. Access to documents.

‘‘Sec. 1708. General regulatory authority.

‘‘Sec. 1709. Definitions.

‘‘P

ART

R—T

RANSITION

; E

FFECTIVE

ATE

; R

EPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a) of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3793) is amended—

(1) in paragraph (3) by striking ‘‘and O’’ and inserting ‘‘O,

P, and Q’’; and

(2) by adding at the end the following new paragraph:

‘‘(11)(A) There are authorized to be appropriated to carry out

part Q, to remain available until expended—

‘‘(i) $1,332,000,000 for fiscal year 1995;

‘‘(ii) $1,850,000,000 for fiscal year 1996;

‘‘(iii) $1,950,000,000 for fiscal year 1997;

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21 Sec. 20102 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(iv) $1,700,000,000 for fiscal year 1998;

‘‘(v) $1,700,000,000 for fiscal year 1999; and

‘‘(vi) $268,000,000 for fiscal year 2000.

‘‘(B) Of funds available under part Q in any fiscal year, up to

3 percent may be used for technical assistance under section

1701(f) or for evaluations or studies carried out or commissioned by

the Attorney General in furtherance of the purposes of part Q. Of

the remaining funds, 50 percent shall be allocated for grants pursu-

ant to applications submitted by units of local government or law

enforcement agencies having jurisdiction over areas with popu-

lations 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 juris-

diction 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. ø34 U.S.C. 12101¿ DEFINITIONS.

Unless otherwise provided, for purposes of this subtitle—

(1) the term ‘‘indeterminate sentencing’’ means a system

by which—

(A) the court may impose a sentence of a range de-

fined by statute; and

(B) an administrative agency, generally the parole

board, or the court, controls release within the statutory

range;

(2) the term ‘‘part 1 violent crime’’ 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; and

(3) the term ‘‘State’’ means a State of the United States,

the District of Columbia, the Commonwealth of Puerto Rico,

the United States Virgin Islands, American Samoa, Guam, and

the Northern Mariana Islands.

SEC. 20102. ø34 U.S.C. 12102¿ AUTHORIZATION OF GRANTS.

(a) I

ENERAL

.—The Attorney General shall provide Violent

Offender Incarceration grants under section 20103 and Truth-in-

Sentencing Incentive grants under section 20104 to eligible

States—

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22 Sec. 20103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) to build or expand correctional facilities to increase the

bed capacity for the confinement of persons convicted of a part

1 violent crime or adjudicated delinquent for an act which if

committed by an adult, would be a part 1 violent crime;

(2) to build or expand temporary or permanent correctional

facilities, including facilities on military bases, prison barges,

and boot camps, for the confinement of convicted nonviolent of-

fenders and criminal aliens, for the purpose of freeing suitable

existing prison space for the confinement of persons convicted

of a part 1 violent crime;

(3) to build or expand jails; and

(4) to carry out any activity referred to in section 2976(b)

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3797w(b)).

(b) R

EGIONAL

OMPACTS

.—

(1) I

N GENERAL

.—Subject to paragraph (2), States may

enter into regional compacts to carry out this subtitle. Such

compacts shall be treated as States under this subtitle.

(2) R

EQUIREMENT

.—To be recognized as a regional compact

for eligibility for a grant under section 20103 or 20104, each

member State must be eligible individually.

(3) L

IMITATION ON RECEIPT OF FUNDS

.—No State may re-

ceive a grant under this subtitle both individually and as part

of a compact.

PPLICABILITY

.—Notwithstanding the eligibility require-

ments of section 20104, a State that certifies to the Attorney Gen-

eral that, as of the date of enactment of the Department of Justice

Appropriations Act, 1996, such State has enacted legislation in reli-

ance on subtitle A of title II of the Violent Crime Control and Law

Enforcement Act, as enacted on September 13, 1994, and would in

fact qualify under those provisions, shall be eligible to receive a

grant for fiscal year 1996 as though such State qualifies under sec-

tion 20104 of this subtitle.

SEC. 20103. ø34 U.S.C. 12103¿ VIOLENT OFFENDER INCARCERATION

GRANTS.

(a) E

LIGIBILITY FOR

INIMUM

RANT

.—To be eligible to receive

a minimum grant under this section, a State shall submit an appli-

cation to the Attorney General that provides assurances that the

State has implemented, or will implement, correctional policies and

programs, including truth-in-sentencing laws that ensure that vio-

lent offenders serve a substantial portion of the sentences imposed,

that are designed to provide sufficiently severe punishment for vio-

lent offenders, including violent juvenile offenders, and that the

prison time served is appropriately related to the determination

that the inmate is a violent offender and for a period of time

deemed necessary to protect the public.

(b) A

DDITIONAL

MOUNT FOR

NCREASED

ERCENTAGE OF

SONS

ENTENCED AND

IME

ERVED

.—A State that received a grant

under subsection (a) is eligible to receive additional grant amounts

if such State demonstrates that the State has, since 1993—

(1) increased the percentage of persons arrested for a part

1 violent crime sentenced to prison; or

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23 Sec. 20104 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) increased the average prison time actually served or

the average percent of sentence served by persons convicted of

a part 1 violent crime.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (c).

DDITIONAL

MOUNT FOR

NCREASED

ATE OF

NCARCER

ATION AND

ERCENTAGE OF

ENTENCE

ERVED

.—A State that re-

ceived a grant under subsection (a) is eligible to receive additional

grant amounts if such State demonstrates that the State has—

(1) since 1993, increased the percentage of persons ar-

rested for a part 1 violent crime sentenced to prison, and has

increased the average percent of sentence served by persons

convicted of a part 1 violent crime; or

(2) has increased by 10 percent or more over the most re-

cent 3-year period the number of new court commitments to

prison of persons convicted of part 1 violent crimes.

Receipt of grant amounts under this subsection does not preclude

eligibility for a grant under subsection (b).

SEC. 20104. ø34 U.S.C. 12104¿ TRUTH-IN-SENTENCING INCENTIVE

GRANTS.

(a) E

LIGIBILITY

.—To be eligible to receive a grant award under

this section, a State shall submit an application to the Attorney

General that demonstrates that—

(1)(A) such State has implemented truth-in-sentencing

laws that—

(i) require persons convicted of a part 1 violent crime

to serve not less than 85 percent of the sentence imposed

(without counting time not actually served, such as admin-

istrative or statutory incentives for good behavior); or

(ii) result in persons convicted of a part 1 violent crime

serving on average not less than 85 percent of the sentence

imposed (without counting time not actually served, such

as administrative or statutory incentives for good behav-

ior);

(B) such State has truth-in-sentencing laws that have been

enacted, but not yet implemented, that require such State, not

later than 3 years after such State submits an application to

the Attorney General, to provide that persons convicted of a

part 1 violent crime serve not less than 85 percent of the sen-

tence imposed (without counting time not actually served, such

as administrative or statutory incentives for good behavior); or

of the Departments of Commerce, Justice, and State, the Judi-

ciary, and Related Agencies Appropriations Act, 1996, practices

indeterminate sentencing with regard to any part 1 violent

crime—

(i) persons convicted of a part 1 violent crime on aver-

age serve not less than 85 percent of the prison term es-

tablished under the State’s sentencing and release guide-

lines; or

(ii) persons convicted of a part 1 violent crime on aver-

age serve not less than 85 percent of the maximum prison

term allowed under the sentence imposed by the court (not

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24 Sec. 20105 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

counting time not actually served such as administrative

or statutory incentives for good behavior); and

(2) such State has provided assurances that it will follow

guidelines established by the Attorney General in reporting, on

a quarterly basis, information regarding the death of any per-

son who is in the process of arrest, is en route to be incarcer-

ated, or is incarcerated at a municipal or county jail, State

prison, or other local or State correctional facility (including

any juvenile facility) that, at a minimum, includes—

(A) the name, gender, race, ethnicity, and age of the

deceased;

(B) the date, time, and location of death; and

rounding the death.

(b) E

XCEPTION

.—Notwithstanding subsection (a), a State may

provide that the Governor of the State may allow for the earlier re-

lease of—

(1) a geriatric prisoner; or

(2) a prisoner whose medical condition precludes the pris-

oner from posing a threat to the public, but only after a public

hearing in which representatives of the public and the pris-

oner’s victims have had an opportunity to be heard regarding

a proposed release.

SEC. 20105. ø34 U.S.C. 12105¿ SPECIAL RULES.

(a) S

HARING OF

UNDS

ITH

OUNTIES AND

THER

NITS OF

OCAL

OVERNMENT

.—

(1) R

ESERVATION

.—Each State shall reserve not more than

15 percent of the amount of funds allocated in a fiscal year

pursuant to section 20106 for counties and units of local gov-

ernment to construct, develop, expand, modify, or improve jails

and other correctional facilities.

(2) F

ACTORS FOR DETERMINATION OF AMOUNT

.—To deter-

mine the amount of funds to be reserved under this subsection,

a State shall consider the burden placed on a county or unit

of local government that results from the implementation of

policies adopted by the State to carry out section 20103 or

20104.

(b) U

SE OF

RUTH

-S

ENTENCING AND

IOLENT

FFENDER

CARCERATION

RANTS

.—Funds provided under section 20103 or

20104 may be applied to the cost of—

(1) altering existing correctional facilities to provide sepa-

rate facilities for juveniles under the jurisdiction of an adult

criminal court who are detained or are serving sentences in

adult prisons or jails;

(2) providing correctional staff who are responsible for su-

pervising juveniles who are detained or serving sentences

under the jurisdiction of an adult criminal court with orienta-

tion and ongoing training regarding the unique needs of such

offenders; and

(3) providing ombudsmen to monitor the treatment of juve-

niles who are detained or serving sentences under the jurisdic-

tion of an adult criminal court in adult facilities, consistent

with guidelines issued by the Assistant Attorney General.

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25 Sec. 20106 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. Probably should read ‘‘section 20101(2)’’.

UNDS FOR

UVENILE

FFENDERS

.—Notwithstanding any

other provision of this subtitle, if a State, or unit of local govern-

ment located in a State that otherwise meets the requirements of

section 20103 or 20104, certifies to the Attorney General that exi-

gent circumstances exist that require the State to expend funds to

build or expand facilities to confine juvenile offenders other than

juvenile offenders adjudicated delinquent for an act which, if com-

mitted by an adult, would be a part 1 violent crime, the State may

use funds received under this subtitle to build or expand juvenile

correctional facilities or pretrial detention facilities for juvenile of-

fenders.

(d) P

RIVATE

ACILITIES

.—A State may use funds received

under this subtitle for the privatization of facilities to carry out the

purposes of section 20102.

(e) D

EFINITION

.—For purposes of this subtitle, ‘‘part 1 violent

crime’’ means a part 1 violent crime as defined in section

20101(3)

, or a crime in a reasonably comparable class of serious

violent crimes as approved by the Attorney General.

SEC. 20106. ø34 U.S.C. 12106¿ FORMULA FOR GRANTS.

(a) A

LLOCATION OF

IOLENT

FFENDER

NCARCERATION

RANTS

NDER

ECTION

20103.—

(1) F

ORMULA ALLOCATION

.—85 percent of the amount

available for grants under section 20103 for any fiscal year

shall be allocated as follows (except that a State may not re-

ceive more than 9 percent of the total amount of funds made

available under this paragraph):

(A) 0.75 percent shall be allocated to each State that

meets the requirements of section 20103(a), except that

the United States Virgin Islands, American Samoa, Guam,

and the Commonwealth of the Northern Mariana Islands,

if eligible under section 20103(a), shall each be allocated

0.05 percent.

(B) The amount remaining after application of sub-

paragraph (A) shall be allocated to each State that meets

the requirements of section 20103(b), in the ratio that the

number of part 1 violent crimes reported by such State to

the Federal Bureau of Investigation for the 3 years pre-

ceding the year in which the determination is made, bears

to the average annual number of part 1 violent crimes re-

ported by all States that meet the requirements of section

20103(b) to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is

made.

(2) A

DDITIONAL ALLOCATION

.—15 percent of the amount

available for grants under section 20103 for any fiscal year

shall be allocated to each State that meets the requirements of

section 20103(c) as follows:

(A) 3.0 percent shall be allocated to each State that

meets the requirements of section 20103(c), except that the

United States Virgin Islands, American Samoa, Guam, and

the Commonwealth of the Northern Mariana Islands, if el-

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26 Sec. 20107 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

igible under such subsection, shall each be allocated 0.03

percent.

(B) The amount remaining after application of sub-

paragraph (A) shall be allocated to each State that meets

the requirements of section 20103(c), in the ratio that the

number of part 1 violent crimes reported by such State to

the Federal Bureau of Investigation for the 3 years pre-

ceding the year in which the determination is made, bears

to the average annual number of part 1 violent crimes re-

ported by all States that meet the requirements of section

20102(c) to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is

made.

(b) A

LLOCATION OF

RUTH

-S

ENTENCING

RANTS

NDER

TION

20104.—The amounts available for grants for section 20104

shall be allocated to each State that meets the requirements of sec-

tion 20104 in the ratio that the average annual number of part 1

violent crimes reported by such State to the Federal Bureau of In-

vestigation for the 3 years preceding the year in which the deter-

mination is made bears to the average annual number of part 1

violent crimes reported by States that meet the requirements of

section 20104 to the Federal Bureau of Investigation for the 3

years preceding the year in which the determination is made, ex-

cept that a State may not receive more than 25 percent of the total

amount available for such grants.

NAVAILABLE

ATA

.—If data regarding part 1 violent

crimes in any State is substantially inaccurate or is unavailable for

the 3 years preceding the year in which the determination is made,

the Attorney General shall utilize the best available comparable

data regarding the number of violent crimes for the previous year

for the State for the purposes of allocation of funds under this sub-

title.

(d) R

EGIONAL

OMPACTS

.—In determining the amount of funds

that States organized as a regional compact may receive, the Attor-

ney General shall first apply the formula in either subsection (a)

or (b) and (c) of this section to each member State of the compact.

The States organized as a regional compact may receive the sum

of the amounts so determined.

SEC. 20107. ø34 U.S.C. 12107¿ ACCOUNTABILITY.

(a) F

ISCAL

EQUIREMENTS

.—A State that receives funds under

this subtitle shall use accounting, audit, and fiscal procedures that

conform to guidelines prescribed by the Attorney General, and shall

ensure that any funds used to carry out the programs under sec-

tion 20102(a) shall represent the best value for the State govern-

ments at the lowest possible cost and employ the best available

technology.

(b) A

DMINISTRATIVE

ROVISIONS

.—The administrative provi-

sions of sections 801 and 802 of the Omnibus Crime Control and

Safe Streets Act of 1968 shall apply to the Attorney General under

this subtitle in the same manner that such provisions apply to the

officials listed in such sections.

SEC. 20108. ø34 U.S.C. 12108¿ AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—

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27 Sec. 20108 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. Probably should read ‘‘sections’’.

(1) A

UTHORIZATIONS

.—There are authorized to be appro-

priated to carry out this subtitle—

(A) $997,500,000 for fiscal year 1996;

(B) $1,330,000,000 for fiscal year 1997;

(D) $2,660,000,000 for fiscal year 1999; and

(E) $2,753,100,000 for fiscal year 2000.

(2) D

ISTRIBUTION

.—

(A) I

N GENERAL

.—Of the amounts remaining after the

allocation of funds for the purposes set forth under sec-

tions 20110, 20111, and 20109, the Attorney General shall,

from amounts authorized to be appropriated under para-

graph (1) for each fiscal year, distribute 50 percent for in-

carceration grants under section 20103, and 50 percent for

incentive grants under section 20104.

(B) D

ISTRIBUTION OF MINIMUM AMOUNTS

.—The Attor-

ney General shall distribute minimum amounts allocated

for section 20103(a) to an eligible State not later than 30

days after receiving an application that demonstrates that

such State qualifies for a Violent Offender Incarceration

grant under section 20103 or a Truth-in-Sentencing Incen-

tive grant under section 20104.

(b) L

IMITATIONS ON

UNDS

.—

(1) U

SES OF FUNDS

.—Except as provided in section

20110

and 20111, funds made available pursuant to this section shall

be used only to carry out the purposes described in section

20102(a).

(2) N

ONSUPPLANTING REQUIREMENT

.—Funds made avail-

able pursuant to this section shall not be used to supplant

State funds, but shall be used to increase the amount of funds

that would, in the absence of Federal funds, be made available

from State sources.

(3) A

DMINISTRATIVE COSTS

.—Not more than 3 percent of

the funds that remain available after carrying out sections

20109, 20110, and 20111 shall be available to the Attorney

General for purposes of—

(A) administration;

(B) research and evaluation, including assessment of

the effect on public safety and other effects of the expan-

sion of correctional capacity and sentencing reforms imple-

mented pursuant to this subtitle;

funds, 0and development and implementation of sen-

tencing reforms implemented pursuant to this subtitle;

and

(D) data collection and improvement of information

systems relating to the confinement of violent offenders

and other sentencing and correctional matters.

(4) C

ARRYOVER OF APPROPRIATIONS

.—Funds appropriated

pursuant to this section during any fiscal year shall remain

available until expended. Funds obligated, but subsequently

unspent and deobligated, may remain available, to the extent

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28 Sec. 20109 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

as may provided in appropriations Acts, for the purpose de-

scribed in section 20102(a)(4) for any subsequent fiscal year.

The further obligation of such funds by an official for such pur-

pose shall not be delayed, directly or indirectly, in any manner

by any officer or employee in the executive branch.

(5) M

ATCHING FUNDS

.—The Federal share of a grant re-

ceived under this subtitle may not exceed 90 percent of the

costs of a proposal as described in an application approved

under this subtitle.

SEC. 20109. ø34 U.S.C. 12109¿ PAYMENTS FOR INCARCERATION ON TRIB-

AL LANDS.

(a) R

ESERVATION OF

UNDS

.—Notwithstanding any other provi-

sion of this part, of amounts made available to the Attorney Gen-

eral to carry out programs relating to offender incarceration, the

Attorney General shall reserve $35,000,000 for each of fiscal years

2011 through 2015 to carry out this section.

(b) G

RANTS TO

NDIAN

RIBES

.—

(1) I

N GENERAL

.—From the amounts reserved under sub-

section (a), the Attorney General shall provide grants—

(A) to Indian tribes for purposes of—

(i) construction and maintenance of jails on Indian

land for the incarceration of offenders subject to tribal

jurisdiction;

(ii) entering into contracts with private entities to

increase the efficiency of the construction of tribal

jails; and

(iii) developing and implementing alternatives to

incarceration in tribal jails;

(B) to Indian tribes for the construction of tribal jus-

tice centers that combine tribal police, courts, and correc-

tions services to address violations of tribal civil and crimi-

nal laws;

structing and operating regional detention centers on In-

dian land for long-term incarceration of offenders subject

to tribal jurisdiction, as the applicable consortium deter-

mines to be appropriate.

(2) P

RIORITY OF FUNDING

.—in providing grants under this

subsection, the Attorney General shall take into consideration

applicable—

(A) reservation crime rates;

(B) annual tribal court convictions; and

(3) F

EDERAL SHARE

.—Because of the Federal nature and

responsibility for providing public safety on Indian land, the

Federal share of the cost of any activity carried out using a

grant under this subsection shall be 100 percent.

PPLICATIONS

.—To be eligible to receive a grant under this

section, an Indian tribe or consortium of Indian tribes, as applica-

ble, shall submit to the Attorney General an application in such

form and containing such information as the Attorney General may

by regulation require.

(d) L

ONG

TERM

LAN

.—Not later than 1 year after the date of

enactment of this subsection, the Attorney General, in coordination

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As Amended Through P.L. 117-315, Enacted December 27, 2022

29 Sec. 20111 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. Probably should read ‘‘section 241(i)’’. See the amendment made by section

306(a)(1) of P.L. 104–208.

with the Bureau of Indian Affairs and in consultation with tribal

leaders, tribal law enforcement officers, and tribal corrections offi-

cials, shall submit to Congress a long-term plan to address incar-

ceration in Indian country, including—

(1) a description of proposed activities for—

(A) construction, operation, and maintenance of juve-

nile (in accordance with section 4220(a)(3) of the Indian Al-

cohol and Substance Abuse Prevention and Treatment Act

of 1986 (25 U.S.C. 2453(a)(3)) and adult detention facilities

(including regional facilities) in Indian country;

(B) contracting with State and local detention centers,

on approval of the affected tribal governments; and

tion with tribal court systems;

(2) an assessment and consideration of the construction of

Federal detention facilities in Indian country; and

(3) any other alternatives as the Attorney General, in co-

ordination with the Bureau of Indian Affairs and in consulta-

tion with Indian tribes, determines to be necessary.

SEC. 20110. ø34 U.S.C. 12110¿ PAYMENTS TO ELIGIBLE STATES FOR IN-

CARCERATION OF CRIMINAL ALIENS.

(a) I

ENERAL

.—The Attorney General shall make a payment

to each State which is eligible under section 242(j)

of the Immi-

gration and Nationality Act in such amount as is determined under

section 242(j)

, and for which payment is not made to such State

for such fiscal year under such section.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Notwithstanding any

other provision of this subtitle, there are authorized to be appro-

priated to carry out this section from amounts authorized under

section 20108, an amount which when added to amounts appro-

priated to carry out section 242(j)

of the Immigration and Nation-

ality Act for fiscal year 1996 equals $500,000,000 and for each of

the fiscal years 1997 through 2000 does not exceed $650,000,000.

DMINISTRATION

.—The amounts appropriated to carry out

this section shall be reserved from the total amount appropriated

for each fiscal year and shall be added to the other funds appro-

priated to carry out section 242(j)

of the Immigration and Nation-

ality Act and administered under such section.

(d) R

EPORT TO

ONGRESS

.—Not later than May 15, 1999, the

Attorney General shall submit a report to the Congress which con-

tains the recommendation of the Attorney General concerning the

extension of the program under this section.

SEC. 20111. ø34 U.S.C. 12111¿ SUPPORT OF FEDERAL PRISONERS IN

NON-FEDERAL INSTITUTIONS.

(a) I

ENERAL

.—The Attorney General may make payments

to States and units of local government for the purposes authorized

in section 4013 of title 18, United States Code.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—Notwithstanding any

other provision of this subtitle other than section 20108(a)(2), there

are authorized to be appropriated from amounts authorized under

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30 Sec. 20112 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

section 20108 for each of fiscal years 1996 through 2000 such sums

as may be necessary to carry out this section.

SEC. 20112. ø34 U.S.C. 12112¿ REPORT BY THE ATTORNEY GENERAL.

Beginning on October 1, 1996, and each subsequent July 1

thereafter, the Attorney General shall report to the Congress on

the implementation of this subtitle, including a report on the eligi-

bility of the States under sections 20103 and 20104, and the dis-

tribution and use of funds under this subtitle.

Subtitle B—Punishment for Young

Offenders

SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.

(a) I

ENERAL

.—Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by

section 10003(a), is amended—

(1) by redesignating part R as part S;

(2) by redesignating section 1801 as section 1901; and

(3) by inserting after part Q the following new part:

‘‘PART R—CERTAIN PUNISHMENT FOR YOUNG

OFFENDERS

‘‘SEC. 1801. GRANT AUTHORIZATION.

‘‘(a) I

ENERAL

.—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 incarcer-

ation and probation.

‘‘(b) A

LTERNATIVE

ETHODS

.—The alternative methods of pun-

ishment referred to in subsection (a) should ensure certain punish-

ment for young offenders and promote reduced recidivism, crime

prevention, and assistance to victims, particularly for young offend-

ers who can be punished more effectively in an environment other

than a traditional correctional facility, including—

‘‘(1) alternative sanctions that create accountability and

certain punishment for young offenders;

‘‘(2) restitution programs for young offenders;

‘‘(3) innovative projects, such as projects consisting of edu-

cation and job training activities for incarcerated young offend-

ers, 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 incar-

ceration, weekend incarceration, and electronic monitoring of

offenders;

‘‘(5) community service programs that provide work service

placement for young offenders at non-profit, private organiza-

tions and community organizations;

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31 Sec. 20201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(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) I

ENERAL

.—

‘‘(1) S

UBMISSION 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 con-

taining such information as the Attorney General may reason-

ably require.

‘‘(2) A

SSURANCES

.—An application under paragraph (1)

shall include assurances that Federal funds received under

this part shall be used to supplement, not supplant, non-Fed-

eral funds that would otherwise be available for activities

funded under this part.

‘‘(b) S

TATE

FFICE

.—The office designated under section 507—

‘‘(1) shall prepare the application as required under sub-

section (a); and

‘‘(2) shall administer grant funds received under this part,

including review of spending, processing, progress, financial re-

porting, technical assistance, grant adjustments, accounting,

auditing, and fund disbursement.

‘‘SEC. 1803. REVIEW OF STATE APPLICATIONS.

‘‘(a) I

ENERAL

.—The Attorney General shall make a grant

under section 1801(a) to carry out the projects described in the ap-

plication submitted by such applicant under section 1802 upon de-

termining 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) A

PPROVAL

.—Each application submitted under section

1802 shall be considered approved, in whole or in part, by the At-

torney General not later than 45 days after first received unless

the Attorney General informs the applicant of specific reasons for

disapproval.

‘‘(c) R

ESTRICTION

.—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) D

ISAPPROVAL

OTICE AND

ECONSIDERATION

.—The Attor-

ney General shall not disapprove any application without first af-

fording the applicant reasonable notice and an opportunity for re-

consideration.

‘‘SEC. 1804. LOCAL APPLICATIONS.

‘‘(a) I

ENERAL

.—

‘‘(1) S

UBMISSION OF APPLICATION

.—To request funds under

this part from a State, the chief executive of a unit of local gov-

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32 Sec. 20201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ernment shall submit an application to the office designated

under section 1802(b).

‘‘(2) A

PPROVAL

.—An application under paragraph (1) shall

be considered to have been approved, in whole or in part, by

the State not later than 45 days after such application is first

received unless the State informs the applicant in writing of

specific reasons for disapproval.

‘‘(3) D

ISAPPROVAL

.—The State shall not disapprove any ap-

plication submitted to the State without first affording the ap-

plicant reasonable notice and an opportunity for reconsider-

ation.

‘‘(4) E

FFECT OF APPROVAL

.—If an application under sub-

section (a) is approved, the unit of local government is eligible

to receive funds under this part.

‘‘(b) D

ISTRIBUTION TO

NITS OF

OCAL

OVERNMENT

.—A State

that receives funds under section 1801 in a fiscal year shall make

such funds available to units of local government with an applica-

tion that has been submitted and approved by the State within 45

days after the Attorney General has approved the application sub-

mitted by the State and has made funds available to the State. The

Attorney General may waive the 45-day requirement in this section

upon a finding that the State is unable to satisfy such requirement

under State statutes.

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

‘‘(a) S

TATE

ISTRIBUTION

.—Of the total amount appropriated

under this part in any fiscal year—

‘‘(1) 0.4 percent shall be allocated to each of the partici-

pating States; and

‘‘(2) of the total funds remaining after the allocation under

paragraph (1), there shall be allocated to each of the partici-

pating 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) L

OCAL

ISTRIBUTION

.—

‘‘(1) I

N GENERAL

.—A State that receives funds under this

part in a fiscal year shall distribute to units of local govern-

ment 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 ex-

pended by all units of local government for correctional pro-

grams 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) U

NDISTRIBUTED FUNDS

.—Any funds not distributed to

units of local government under paragraph (1) shall be avail-

able for expenditure by such State for purposes specified under

section 1801.

‘‘(3) U

NUSED 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 eligi-

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33 Sec. 20201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ble 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) G

ENERAL

EQUIREMENT

.—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 Gen-

eral.

‘‘(d) F

EDERAL

HARE

.—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) C

ONSIDERATION

.—Notwithstanding subsections (a) and (b),

in awarding grants under this part, the Attorney General shall con-

sider as a factor whether a State has in effect throughout such

State a law or policy that requires that a juvenile who is in posses-

sion of a firearm or other weapon on school property or convicted

of a crime involving the use of a firearm or weapon on school prop-

erty—

‘‘(1) be suspended from school for a reasonable period of

time; and

‘‘(2) lose driving license privileges for a reasonable period

of time.

‘‘(f) D

EFINITION

.—For purposes of this part, ‘juvenile’ means a

person 18 years of age or younger.

‘‘SEC. 1806. EVALUATION.

‘‘(a) I

ENERAL

.—

‘‘(1) S

UBMISSION 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 ap-

praisal by representatives of the community of the programs

funded by the grant.

‘‘(2) W

AIVER

.—The Attorney General may waive the re-

quirement specified in paragraph (1) if the Attorney General

determines that such evaluation is not warranted in the case

of the State or unit of local government involved.

‘‘(b) D

ISTRIBUTION

.—The Attorney General shall make avail-

able to the public on a timely basis evaluations received under sub-

section (a).

‘‘(c) A

DMINISTRATIVE

OSTS

.—A State or unit of local govern-

ment may use not more than 5 percent of funds it receives under

this part to develop an evaluation program under this section.’’.

(b) T

ECHNICAL

MENDMENT

.—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 fol-

lowing:

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34 Sec. 20301 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘P

ART

R—C

ERTAIN

UNISHMENTS FOR

OUNG

FFENDERS

‘‘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.

‘‘P

ART

S—T

RANSITION

—E

FFECTIVE

ATE

—R

EPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

EFINITION

.—Section 901(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended—

(1) by adding a semicolon at the end of paragraph (21);

(2) by striking ‘‘and’’ at the end of paragraph (22);

(3) by striking the period at the end of paragraph (23) and

inserting a semicolon; and

(4) by adding after paragraph (23) the following:

‘‘(24) the term ‘young offender’ means a non-violent first-

time offender or a non-violent offender with a minor criminal

record who is 22 years of age or younger (including juveniles).’’.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a) of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3793), as amended by section 10003(c), is amended—

(1) in paragraph (3) by striking ‘‘and Q’’ and inserting ‘‘Q,

or R’’; and

(2) by adding at the end the following new paragraph:

‘‘(16) There are authorized to be appropriated to carry out

projects under part R—

‘‘(A) $20,000,000 for fiscal year 1996;

‘‘(B) $25,000,000 for fiscal year 1997;

‘‘(C) $30,000,000 for fiscal year 1998;

‘‘(D) $35,000,000 for fiscal year 1999; and

‘‘(E) $40,000,000 for fiscal year 2000.’’.

Subtitle C—Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.

(a) I

NCARCERATION

.—Section 242 of the Immigration and Na-

tionality Act (8 U.S.C. 1252) is amended by adding at the end the

following new subsection:

‘‘(j) I

NCARCERATION

.—

‘‘(1) If the chief executive officer of a State (or, if appro-

priate, 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 Gen-

eral—

‘‘(A) enter into a contractual arrangement which pro-

vides 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.

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35 Sec. 20402 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) Compensation under paragraph (1)(A) shall be the av-

erage cost of incarceration of a prisoner in the relevant State

as determined by the Attorney General.

‘‘(3) For purposes of this subsection, the term ‘undocu-

mented 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 Attor-

ney General;

‘‘(ii) was the subject of exclusion or deportation pro-

ceedings 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 non-

immigrant 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 undocu-

mented criminal aliens who have committed aggravated felo-

nies.

‘‘(B) The Attorney General shall ensure that undocu-

mented criminal aliens incarcerated in Federal facilities pursu-

ant 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-

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) ø8 U.S.C. 1252 note¿ E

FFECTIVE

ATE

.—The amendment

made by subsection (a) shall take effect October 1, 1994.

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 des-

ignating 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) I

ENERAL

.—Chapter 303 of title 18, United States Code,

is amended by adding at the end the following new section:

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36 Sec. 20403 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 4047. Prison impact assessments

‘‘(a) Any submission of legislation by the Judicial or Executive

branch which could increase or decrease the number of persons in-

carcerated 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 Sen-

tencing 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 as-

sessment 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 construc-

tion 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 uti-

lized in preparing the assessment.

‘‘(c) The Attorney General shall prepare and transmit to the

Congress, by March 1 of each year, a prison impact assessment re-

flecting the cumulative effect of all relevant changes in the law tak-

ing effect during the preceding calendar year.’’.

(b) T

ECHNICAL

MENDMENT

.—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 GOVERN-

MENT OF IMPRISONMENT, RELEASE, AND PROBATION.

(a) I

MPOSITION OF

ENTENCE

.—Section 3572(a) of title 18,

United States Code, is amended—

(1) by redesignating paragraphs (6) and (7) as paragraphs

(7) and (8), respectively; and

(2) by inserting after paragraph (5) the following new

paragraph:

‘‘(6) the expected costs to the government of any imprison-

ment, supervised release, or probation component of the sen-

tence;’’.

(b) D

UTIES OF THE

ENTENCING

OMMISSION

.—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 ex-

pected costs to the Government of any imprisonment, supervised

release, or probation sentence that is ordered.’’.

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37 Sec. 20406 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 20404. ø18 U.S.C. 4042 note¿ APPLICATION TO PRISONERS TO

WHICH PRIOR LAW APPLIES.

In the case of a prisoner convicted of an offense committed

prior to November 1, 1987, the reference to supervised release in

section 4042(b) of title 18, United States Code, shall be deemed to

be a reference to probation or parole.

SEC. 20405. CREDITING OF ‘‘GOOD TIME’’.

Section 3624 of title 18, United States Code, is amended—

(1) by striking ‘‘he’’ each place it appears and inserting

‘‘the prisoner’’;

(2) by striking ‘‘his’’ each place it appears and inserting

‘‘the prisoner’s’’;

(3) in subsection (d) by striking ‘‘him’’ and inserting ‘‘the

prisoner’’; and

(4) in subsection (b)—

(A) in the first sentence by inserting ‘‘(other than a

prisoner serving a sentence for a crime of violence)’’ after

‘‘A prisoner’’; and

(B) by inserting after the first sentence the following:

‘‘A prisoner who is serving a term of imprisonment of more

than 1 year for a crime of violence, other than a term of

imprisonment for the duration of the prisoner’s life, may

receive credit toward the service of the prisoner’s sentence,

beyond the time served, of up to 54 days at the end of each

year of the prisoner’s term of imprisonment, beginning at

the end of the first year of the term, subject to determina-

tion by the Bureau of Prisons that, during that year, the

prisoner has displayed exemplary compliance with such in-

stitutional disciplinary regulations.’’.

SEC. 20406. ø34 U.S.C. 12121¿ TASK FORCE ON PRISON CONSTRUCTION

STANDARDIZATION AND TECHNIQUES.

(a) T

ASK

ORCE

.—The Director of the National Institute of Cor-

rections 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-cut-

ting new building materials and technologies.

(b) C

OOPERATION

.—The task force shall work in close coopera-

tion and communication with other State and local officials respon-

sible for prison construction in their localities.

ERFORMANCE

EQUIREMENTS

.—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 tech-

nologies, techniques, and materials,

to reduce prison construction costs at the Federal, State, and local

levels and make such construction more efficient.

(d) D

ISSEMINATION

.—The task force shall disseminate informa-

tion described in subsection (c) to State and local officials involved

in prison construction, through written reports and meetings.

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38 Sec. 20407 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(e) P

ROMOTION AND

VALUATION

.—The task force shall—

(1) work to promote the implementation of cost-saving ef-

forts 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. ø34 U.S.C. 12122¿ EFFICIENCY IN LAW ENFORCEMENT AND

CORRECTIONS.

(a) I

ENERAL

.—In the administration of each grant program

funded by appropriations authorized by this Act or by an amend-

ment 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 adminis-

trative costs and overhead expenses; and

(2) the use of surplus Federal property.

(b) A

SSESSMENT OF

ONSTRUCTION

OMPONENTS AND

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.

SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION OR-

GANIZATION ACT AND THE NATIONAL LITERACY ACT OF

1991.

(a) T

ECHNICAL

MENDMENT

.—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) E

STABLISHMENT OF A

ANEL AND

SE OF

UNDS

.—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 sub-

sections:

‘‘(g) P

ANEL

.—The Secretary is authorized to consult with and

convene a panel of experts in correctional education, including pro-

gram administrators and field-based professionals in adult correc-

tions, juvenile services, jails, and community corrections programs,

to—

‘‘(1) develop measures for evaluating the effectiveness of

the programs funded under this section; and

‘‘(2) evaluate the effectiveness of such programs.

‘‘(h) U

SE OF

UNDS

.—Notwithstanding any other provision of

law, the Secretary may use not more than five percent of funds ap-

propriated 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) A

MENDMENT OF

ITLE

18, U

NITED

TATES

ODE

.—Sub-

chapter C of chapter 229 of part 2 of title 18, United States Code,

is amended by adding at the end the following new section:

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39 Sec. 20410 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 3626. Appropriate remedies with respect to prison crowd-

ing

‘‘(a) R

EQUIREMENT OF

HOWING

ITH

ESPECT TO THE

LAIN

TIFF IN

ARTICULAR

.—

‘‘(1) H

OLDING

.—A Federal court shall not hold prison or

jail crowding unconstitutional under the eighth amendment ex-

cept to the extent that an individual plaintiff inmate proves

that the crowding causes the infliction of cruel and unusual

punishment of that inmate.

‘‘(2) R

ELIEF

.—The relief in a case described in paragraph

(1) shall extend no further than necessary to remove the condi-

tions that are causing the cruel and unusual punishment of the

plaintiff inmate.

‘‘(b) I

NMATE

OPULATION

EILINGS

.—

‘‘(1) R

EQUIREMENT OF SHOWING WITH RESPECT TO PAR

TICULAR PRISONERS

.—A Federal court shall not place a ceiling

on the inmate population of any Federal, State, or local deten-

tion facility as an equitable remedial measure for conditions

that violate the eighth amendment unless crowding is inflict-

ing cruel and unusual punishment on particular identified

prisoners.

‘‘(2) R

ULE OF CONSTRUCTION

.—Paragraph (1) shall not be

construed to have any effect on Federal judicial power to issue

equitable relief other than that described in paragraph (1), 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) P

ERIODIC

EOPENING

.—Each Federal court order or con-

sent decree seeking to remedy an eighth amendment violation shall

be reopened at the behest of a defendant for recommended modi-

fication at a minimum of 2-year intervals.’’.

øSubsections (b) and (c) repealed by PL 104-134¿

(d) S

UNSET

ROVISION

.—This section and the amendments

made by this section are repealed effective as of the date that is

5 years after the date of enactment of this Act.

SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT

LORTON AND CONGRESSIONAL HEARINGS ON FUTURE

NEEDS.

(a) C

ONGRESSIONAL

PPROVAL

.—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 Re-

organization Act.

(b) S

ENATE

EARINGS

.—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 pursu-

ant to subsection (a). The subcommittee shall permit interested

parties, including appropriate officials from the County of Fairfax,

Virginia, to testify at such hearings.

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40 Sec. 20411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

EFINITION

.—For purposes of this section, the terms ‘‘ex-

panded’’ and ‘‘expansion’’ mean any alteration of the physical struc-

ture 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) I

ENERAL

.—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) A

PPLICATION OF

MENDMENT

.—The amendment made by

this section shall apply with respect to periods of enrollment begin-

ning on or after the date of enactment of this Act.

SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

Section 3624(b) of title 18, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘behavior.—’’;

(2) by striking ‘‘Such credit toward service of sentence

vests at the time that it is received. Credit that has vested

may not later be withdrawn, and credit that has not been

earned may not later be granted.’’ and inserting ‘‘Credit that

has not been earned may not later be granted.’’; and

(3) by adding at the end the following:

‘‘(2) Credit toward a prisoner’s service of sentence shall not be

vested unless the prisoner has earned or is making satisfactory

progress toward a high school diploma or an equivalent degree.

‘‘(3) The Attorney General shall ensure that the Bureau of

Prisons has in effect an optional General Educational Development

program for inmates who have not earned a high school diploma

or its equivalent.

‘‘(4) Exemptions to the General Educational Development re-

quirement may be made as deemed appropriate by the Director of

the Federal Bureau of Prisons.’’.

SEC. 20413. ø34 U.S.C. 12123¿ CONVERSION OF CLOSED MILITARY IN-

STALLATIONS INTO FEDERAL PRISON FACILITIES.

(a) S

TUDY OF

UITABLE

ASES

.—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 in-

stallations, 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) S

UITABILITY FOR

ONVERSION

.—In evaluating the suit-

ability 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.

IME FOR

TUDY

.—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) C

ONSTRUCTION OF

EDERAL

RISONS

.—

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41 Sec. 20414 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) I

N 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 Au-

thorization Amendments and Base Closure and Realignment

Act (Public Law 100–526) and the Defense Base Closure and

Realignment Act of 1990 (part A of title XXIX of Public Law

101–510), the Attorney General shall—

(A) consider whether using any portion of a military

installation closed or scheduled to be closed in the region

pursuant to a base closure law provides a cost-effective al-

ternative to the purchase of real property or construction

of new prison facilities;

(B) consider whether such use is consistent with a re-

utilization and redevelopment plan; and

rural area the closure of which will have a substantial ad-

verse impact on the economy of the local communities and

on the ability of the communities to sustain an economic

recovery from such closure.

(2) C

ONSENT

.—With regard to paragraph (1)(B), consent

must be obtained from the local re-use authority for the mili-

tary 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) R

EPORT ON BASIS OF DECISION

.—Before proceeding with

plans for the design or construction of a Federal prison, the At-

torney General shall submit to Congress a report explaining

the basis of the decision on where to locate the new prison fa-

cility.

(4) R

EPORT ON COST

EFFECTIVENESS

.—If the Attorney Gen-

eral decides not to utilize any portion of a closed military in-

stallation or an installation scheduled to be closed for locating

a prison, the report shall include an analysis of why installa-

tions in the region, the use of which as a prison would be con-

sistent with a reutilization and redevelopment plan, does not

provide a cost-effective alternative to the purchase of real prop-

erty or construction of new prison facilities.

(e) D

EFINITION

.—In this section, ‘‘base closure law’’ means—

(1) the Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

note); and

(2) title II of the Defense Authorization Amendments and

Base Closure and Realignment Act (Public Law 100–526; 10

U.S.C. 2687 note).

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

OFFENDERS.

(a) D

RUG

ESTING

ROGRAM

.—

(1) I

N GENERAL

.—Subchapter A of chapter 229 of title 18,

United States Code, is amended by adding at the end the fol-

lowing new section:

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42 Sec. 20414 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 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 Sec-

retary of Health and Human Services, shall, subject to the avail-

ability of appropriations, establish a program of drug testing of

Federal offenders on post-conviction release. The program shall in-

clude 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 re-

lease pursuant to a conviction for a felony or other offense de-

scribed in section 3563(a)(4).’’.

(2) T

ECHNICAL 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) C

ONDITIONS OF

ROBATION

.—Section 3563(a) of title 18,

United States Code, is amended—

(1) in paragraph (2) by striking ‘‘and’’ after the semicolon;

(2) in paragraph (3) by striking the period and inserting ‘‘;

and’’;

(3) by adding at the end the following new paragraph:

‘‘(4) for a felony, a misdemeanor, or an infraction, that the

defendant refrain from any unlawful use of a controlled sub-

stance 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 de-

fendant’s presentence report or other reliable sentencing infor-

mation 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 confirma-

tion shall be a urine drug test confirmed using gas chroma-

tography/mass spectrometry techniques or such test as the Di-

rector 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-

stance abuse treatment programs, or an individual’s current or

past participation in such programs, warrants an exception in

accordance with United States Sentencing Commission guide-

lines from the rule of section 3565(b), when considering any ac-

tion against a defendant who fails a drug test administered in

accordance with paragraph (4).’’.

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43 Sec. 20414 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ONDITIONS OF

UPERVISED

ELEASE

.—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 peri-

odic drug tests thereafter (as determined by the court) for use of

a controlled substance. The condition stated in the preceding sen-

tence may be ameliorated or suspended by the court as provided in

section 3563(a)(4). The results of a drug test administered in ac-

cordance with the preceding subsection shall be subject to con-

firmation 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 spec-

trometry techniques or such test as the Director of the Administra-

tive 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 avail-

ability of appropriate substance abuse treatment programs, or an

individual’s current or past participation in such programs, war-

rants an exception in accordance with United States Sentencing

Commission guidelines from the rule of section 3583(g) when con-

sidering any action against a defendant who fails a drug test.’’.

(d) C

ONDITIONS OF

AROLE

.—Section 4209(a) of title 18, United

States Code, is amended by inserting after the first sentence the

following: ‘‘In every case, the Commission shall also impose as a

condition of parole that the parolee pass a drug test prior to release

and refrain from any unlawful use of a controlled substance and

submit to at least 2 periodic drug tests (as determined by the Com-

mission) for use of a controlled substance. The condition stated in

the preceding sentence may be ameliorated or suspended by the

Commission for any individual parolee if it determines that there

is good cause for doing so. The results of a drug test administered

in accordance with the provisions of the preceding sentence shall

be subject to confirmation only if the results are positive, the de-

fendant is subject to possible imprisonment for such failure, and ei-

ther the defendant denies the accuracy of such test or there is some

other reason to question the results of the test. A drug test con-

firmation shall be a urine drug test confirmed using gas chroma-

tography/mass spectrometry techniques or such test as the Director

of the Administrative Office of the United States Courts after con-

sultation with the Secretary of Health and Human Services may

determine to be of equivalent accuracy. The Commission shall con-

sider whether the availability of appropriate substance abuse treat-

ment programs, or an individual’s current or past participation in

such programs, warrants an exception in accordance with United

States Sentencing Commission guidelines from the rule of section

4214(f) when considering any action against a defendant who fails

a drug test.’’.

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44 Sec. 20415 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT

CLERKS.

(a) I

ENERAL

.—Section 6050I of the Internal Revenue Code

of 1986 (relating to returns relating to cash received in trade or

business) is amended by adding at the end the following new sub-

section:

‘‘(g) C

ASH

ECEIVED BY

RIMINAL

OURT

LERKS

.—

‘‘(1) I

N GENERAL

.—Every clerk of a Federal or State crimi-

nal court who receives more than $10,000 in cash as bail for

any individual charged with a specified criminal offense shall

make a return described in paragraph (2) (at such time as the

Secretary may by regulations prescribe) with respect to the re-

ceipt of such bail.

‘‘(2) R

ETURN

.—A return is described in this paragraph if

such return—

‘‘(A) is in such form as the Secretary may prescribe,

and

‘‘(B) contains—

‘‘(i) the name, address, and TIN of—

‘‘(I) the individual charged with the specified

criminal offense, and

‘‘(II) each person posting the bail (other than

a person licensed as a bail bondsman),

‘‘(ii) the amount of cash received,

‘‘(iii) the date the cash was received, and

‘‘(iv) such other information as the Secretary may

prescribe.

‘‘(3) S

PECIFIED CRIMINAL OFFENSE

.—For purposes of this

subsection, the term ‘specified criminal offense’ means—

‘‘(A) any Federal criminal offense involving a con-

trolled substance,

‘‘(B) racketeering (as defined in section 1951, 1952, or

1955 of title 18, United States Code),

‘‘(C) money laundering (as defined in section 1956 or

1957 of such title), and

‘‘(D) any State criminal offense substantially similar to

an offense described in subparagraph (A), (B), or (C).

‘‘(4) I

NFORMATION TO FEDERAL PROSECUTORS

.—Each clerk

required to include on a return under paragraph (1) the infor-

mation described in paragraph (2)(B) with respect to an indi-

vidual described in paragraph (2)(B)(i)(I) shall furnish (at such

time as the Secretary may by regulations prescribe) a written

statement showing such information to the United States At-

torney for the jurisdiction in which such individual resides and

the jurisdiction in which the specified criminal offense oc-

curred.

‘‘(5) I

NFORMATION TO PAYORS OF BAIL

.—Each clerk required

to make a return under paragraph (1) shall furnish (at such

time as the Secretary may by regulations prescribe) to each

person whose name is required to be set forth in such return

by reason of paragraph (2)(B)(i)(II) a written statement show-

ing—

‘‘(A) the name and address of the clerk’s office required

to make the return, and

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45 Sec. 20417 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(B) the aggregate amount of cash described in para-

graph (1) received by such clerk.’’.

(b) C

ONFORMING

MENDMENTS

.—

(1) Clause (iv) of section 6724(d)(1)(B) of the Internal Rev-

enue Code of 1986 is amended to read as follows:

‘‘(iv) section 6050I (a) or (g)(1) (relating to cash re-

ceived in trade or business, etc.),’’.

(2) Subparagraph (K) of section 6724(d)(2) of the Internal

Revenue Code of 1986 is amended to read as follows:

‘‘(K) section 6050I(e) or paragraph (4) or (5) of section

6050I(g) (relating to cash received in trade or business,

etc.),’’.

(3) The heading for section 6050I of the Internal Revenue

Code of 1986 is amended by striking ‘‘BUSINESS’’ and insert-

ing ‘‘BUSINESS, ETC.’’.

(4) The table of sections for subpart B of part III of sub-

chapter A of chapter A of chapter 61 of the Internal Revenue

Code of 1986 is amended by striking ‘‘business’’ and inserting

‘‘business, etc.’’ in the item relating to section 6050I.

EGULATIONS

.—The Secretary of the

Treasury or the Secretary’s delegate shall prescribe temporary reg-

ulations under the amendments made by this section within 90

days after the date of enactment of this Act.

(d) ø26 U.S.C. 6050l note¿ E

FFECTIVE

ATE

.—The amendments

made by this section shall take effect on the 60th day after the

date on which the temporary regulations are prescribed under sub-

section (c).

SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.

(a) E

XHAUSTION OF

DMINISTRATIVE

EMEDIES

.—Section 7 of

the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e)

is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking ‘‘ninety days’’ and 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 (1) by inserting before the period at

the end the following: ‘‘or are otherwise fair and effective’’;

and

(B) in paragraph (2) by inserting before the period at

the end the following: ‘‘or is no longer fair and effective’’.

(b) E

FFECTIVE

ATE

.—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) I

ERAL

.—The Bureau’’;

(2) by striking ‘‘This section’’ and inserting ‘‘(c) A

PPLICA

TION OF

ECTION

.—This section’’;

(3) in paragraph (4) of subsection (a), as designated by

paragraph (1)—

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46 Sec. 20418 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) by striking ‘‘Provide’’ and inserting ‘‘provide’’; and

(B) by striking the period at the end and inserting ‘‘;

and’’;

(4) by inserting after paragraph (4) of subsection (a), as

designated by paragraph (1), the following new paragraph:

‘‘(5) provide notice of release of prisoners in accordance

with subsection (b).’’; and

(5) by inserting after subsection (a), as designated by para-

graph (1), the following new subsection:

‘‘(b) N

OTICE OF

ELEASE OF

RISONERS

.—(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 pro-

vided 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 Adminis-

trative Office of the United States Courts. The notice requirements

under this subsection do not apply in relation to a prisoner being

protected under chapter 224.

‘‘(2) A notice under paragraph (1) shall disclose—

‘‘(A) the prisoner’s name;

‘‘(B) the prisoner’s criminal history, including a description

of the offense of which the prisoner was convicted; and

‘‘(C) any restrictions on conduct or other conditions to the

release of the prisoner that are imposed by law, the sentencing

court, or the Bureau of Prisons or any other Federal agency.

‘‘(3) A prisoner is described in this paragraph if the prisoner

was convicted of—

‘‘(A) a drug trafficking crime, as that term is defined in

section 924(c)(2); or

‘‘(B) a crime of violence (as defined in section 924(c)(3)).

‘‘(4) The notice provided under this section shall be used solely

for law enforcement purposes.’’.

SEC. 20418. ø34 U.S.C. 12124¿ CORRECTIONAL JOB TRAINING AND

PLACEMENT.

(a) P

URPOSE

.—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) D

EFINITIONS

.—As used in this section:

(1) C

ORRECTIONAL INSTITUTION

.—The term ‘‘correctional

institution’’ means any prison, jail, reformatory, work farm, de-

tention center, or halfway house, or any other similar institu-

tion designed for the confinement or rehabilitation of criminal

offenders.

(2) C

ORRECTIONAL JOB TRAINING OR PLACEMENT PRO

GRAM

.—The term ‘‘correctional job training or placement pro-

gram’’ means an activity that provides job training or job place-

ment services to incarcerated persons or ex-offenders, or that

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assists incarcerated persons or ex-offenders in obtaining such

services.

(3) E

OFFENDER

.—The term ‘‘ex-offender’’ means any indi-

vidual who has been sentenced to a term of probation by a

Federal or State court, or who has been released from a Fed-

eral, State, or local correctional institution.

(4) I

NCARCERATED PERSON

.—The term ‘‘incarcerated per-

son’’ means any individual incarcerated in a Federal or State

correctional institution who is charged with or convicted of any

criminal offense.

STABLISHMENT OF

FFICE

.—

(1) I

N 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 Di-

rector, who shall be appointed by the Attorney General.

(2) T

IMING

.—The Attorney General shall carry out this

subsection not later than 6 months after the date of enactment

of this section.

(d) F

UNCTIONS OF

FFICE

.—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 eligi-

bility 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 De-

partment of Justice or Department of Labor;

(2) provide technical assistance to State and local employ-

ment and training agencies that—

(A) receive financial assistance under this Act; or

(B) receive financial assistance through other pro-

grams carried out by the Department of Justice or Depart-

ment of Labor, for activities related to the development of

employability;

(3) prepare and implement the use of special staff training

materials, and methods, for developing the staff competencies

needed by State and local agencies to assist incarcerated per-

sons 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 place-

ment programs in the United States;

(5) cooperate with other Federal agencies carrying out cor-

rectional job training or placement programs to ensure coordi-

nation of such programs throughout the United States;

(6) consult with, and provide outreach to—

(A) State job training coordinating councils, adminis-

trative 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 De-

partment of Justice or Department of Labor;

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(7) collect from States information on the training accom-

plishments and employment outcomes of a sample of incarcer-

ated persons and ex-offenders who were served by employment

or training programs carried out, or that receive financial as-

sistance through programs carried out, by the Department of

Justice or Department of Labor; and

(8)(A) collect from States and local governments informa-

tion 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. ø34 U.S.C. 12131¿ OUNCE OF PREVENTION COUNCIL.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—There is established an Ounce of Preven-

tion 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 Serv-

ices, the Secretary of Housing and Urban Development,

the Secretary of Labor, the Secretary of Agriculture, the

Secretary of the Treasury, the Secretary of the Interior,

and the Director of the Office of National Drug Control

Policy; and

(B) may include other officials of the executive branch

as directed by the President.

(2) C

HAIR

.—The President shall designate the Chair of the

Council from among its members (referred to in this title as

the ‘‘Chair’’).

(3) S

TAFF

.—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) P

ROGRAM

OORDINATION

.—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 co-

ordinate that program, in whole or in part, through the Council.

DMINISTRATIVE

ESPONSIBILITIES AND

OWERS

.—In addi-

tion to the program coordination provided in subsection (b), the

Council shall be responsible for such functions as coordinated plan-

ning, development of a comprehensive crime prevention program

catalogue, provision of assistance to communities and community-

based organizations seeking information regarding crime preven-

tion programs and integrated program service delivery, and devel-

opment of strategies for program integration and grant simplifica-

tion. 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

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subtitle and programs administered by or coordinated through the

Council.

SEC. 30102. ø34 U.S.C. 12132¿ OUNCE OF PREVENTION GRANT PRO-

GRAM.

(a) I

ENERAL

.—The Council may make grants for—

(1) summer and after-school (including weekend and holi-

day) education and recreation programs;

(2) mentoring, tutoring, and other programs involving par-

ticipation 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 sub-

stance abuse, child abuse, and adolescent pregnancy, including

outreach programs for at-risk families.

(b) A

PPLICANTS

.—Applicants may be Indian tribal govern-

ments, cities, counties, or other municipalities, school boards, col-

leges and universities, private nonprofit entities, or consortia of eli-

gible applicants. Applicants must show that a planning process has

occurred that has involved organizations, institutions, and resi-

dents of target areas, including young people, and that there has

been cooperation between neighborhood-based entities, munici-

pality-wide bodies, and local private-sector representatives. Appli-

cants must demonstrate the substantial involvement of neighbor-

hood-based entities in the carrying out of the proposed activities.

Proposals must demonstrate that a broad base of collaboration and

coordination will occur in the implementation of the proposed ac-

tivities, involving cooperation among youth-serving organizations,

schools, health and social service providers, employers, law enforce-

ment professionals, local government, and residents of target areas,

including young people. Applications shall be geographically based

in particular neighborhoods or sections of municipalities or par-

ticular segments of rural areas, and applications shall demonstrate

how programs will serve substantial proportions of children and

youth resident in the target area with activities designed to have

substantial impact on their lives.

RIORITY

.—In making such grants, the Council shall give

preference to coalitions consisting of a broad spectrum of commu-

nity-based and social service organizations that have a coordinated

team approach to reducing gang membership and the effects of sub-

stance abuse, and providing alternatives to at-risk youth.

(d) F

EDERAL

HARE

.—

(1) I

N 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 sub-

section (b) for the fiscal year for which the projects receive as-

sistance under this title.

(2) W

AIVER

.—The Council may waive the 25 percent

matching requirement under paragraph (1) upon making a de-

termination that a waiver is equitable in view of the financial

circumstances affecting the ability of the applicant to meet

that requirement.

(3) N

FEDERAL SHARE

.—The non-Federal share of such

costs may be in cash or in kind, fairly evaluated, including

plant, equipment, and services.

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50 Sec. 30103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(4) N

ONSUPPLANTING REQUIREMENT

.—Funds made avail-

able 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 In-

dian tribal governments, from funds supplied by the Bureau of

Indian Affairs.

(5) E

VALUATION

.—The Council shall conduct a thorough

evaluation of the programs assisted under this title.

SEC. 30103. ø34 U.S.C. 12133¿ DEFINITION.

In this subtitle, ‘‘Indian tribe’’ means a tribe, band, pueblo, na-

tion, 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 pro-

vided by the United States to Indians because of their status as In-

dians.

SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this sub-

title—

(1) $1,500,000 for fiscal year 1995;

(2) $14,700,000 for fiscal year 1996;

(3) $18,000,000 for fiscal year 1997;

(4) $18,000,000 for fiscal year 1998;

(5) $18,900,000 for fiscal year 1999; and

(6) $18,900,000 for fiscal year 2000.

øSubtitle B was repealed by section 1154(b)(1) of Public Law

109–162¿

Subtitle C—Model Intensive Grant

Programs

SEC. 30301. ø34 U.S.C. 12141¿ GRANT AUTHORIZATION.

(a) E

STABLISHMENT

.—

(1) I

N GENERAL

.—The Attorney General may award grants

to not more than 15 chronic high intensive crime areas to de-

velop comprehensive model crime prevention programs that—

(A) involve and utilize a broad spectrum of community

resources, including nonprofit community organizations,

law enforcement organizations, and appropriate State and

Federal agencies, including the State educational agencies;

(B) attempt to relieve conditions that encourage crime;

and

volvement in crime.

(2) C

ONSULTATION WITH THE OUNCE OF PREVENTION COUN

CIL

.—The Attorney General may consult with the Ounce of

Prevention Council in awarding grants under paragraph (1).

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51 Sec. 30304 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) P

RIORITY

.—In awarding grants under subsection (a), the At-

torney General shall give priority to proposals that—

(1) are innovative in approach to the prevention of crime

in a specific area;

(2) vary in approach to ensure that comparisons of dif-

ferent models may be made; and

(3) coordinate crime prevention programs funded under

this program with other existing Federal programs to address

the overall needs of communities that benefit from grants re-

ceived under this title.

SEC. 30302. ø34 U.S.C. 12142¿ USES OF FUNDS.

(a) I

ENERAL

.—Funds awarded under this subtitle may be

used only for purposes described in an approved application. The

intent of grants under this subtitle is to fund intensively com-

prehensive crime prevention programs in chronic high intensive

crime areas.

(b) G

UIDELINES

.—The Attorney General shall issue and publish

in the Federal Register guidelines that describe suggested purposes

for which funds under approved programs may be used.

QUITABLE

ISTRIBUTION OF

UNDS

.—In disbursing funds

under this subtitle, the Attorney General shall ensure the distribu-

tion of awards equitably on a geographic basis, including urban

and rural areas of varying population and geographic size.

SEC. 30303. ø34 U.S.C. 12143¿ PROGRAM REQUIREMENTS.

(a) D

ESCRIPTION

.—An applicant shall include a description of

the distinctive factors that contribute to chronic violent crime with-

in the area proposed to be served by the grant. Such factors may

include lack of alternative activities and programs for youth, dete-

rioration or lack of public facilities, inadequate public services such

as public transportation, street lighting, community-based sub-

stance abuse treatment facilities, or employment services offices,

and inadequate police or public safety services, equipment, or facili-

ties.

(b) C

OMPREHENSIVE

LAN

.—An applicant shall include a com-

prehensive, community-based plan to attack intensively the prin-

cipal factors identified in subsection (a). Such plans shall describe

the specific purposes for which funds are proposed to be used and

how each purpose will address specific factors. The plan also shall

specify how local nonprofit organizations, government agencies, pri-

vate businesses, citizens groups, volunteer organizations, and inter-

ested citizens will cooperate in carrying out the purposes of the

grant.

VALUATION

.—An applicant shall include an evaluation

plan by which the success of the plan will be measured, including

the articulation of specific, objective indicia of performance, how

the indicia will be evaluated, and a projected timetable for carrying

out the evaluation.

SEC. 30304. ø34 U.S.C. 12144¿ APPLICATIONS.

To request a grant under this subtitle the chief local elected of-

ficial of an area shall—

(1) prepare and submit to the Attorney General an applica-

tion in such form, at such time, and in accordance with such

procedures, as the Attorney General shall establish; and

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52 Sec. 30305 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) provide an assurance that funds received under this

subtitle shall be used to supplement, not supplant, non-Federal

funds that would otherwise be available for programs funded

under this subtitle.

SEC. 30305. ø34 U.S.C. 12145¿ REPORTS.

Not later than December 31, 1998, the Attorney General shall

prepare and submit to the Committees on the Judiciary of the

House and Senate an evaluation of the model programs developed

under this subtitle and make recommendations regarding the im-

plementation of a national crime prevention program.

SEC. 30306. ø34 U.S.C. 12146¿ DEFINITIONS.

In this subtitle—

‘‘chief local elected official’’ means an official designated

under regulations issued by the Attorney General. The criteria

used by the Attorney General in promulgating such regulations

shall ensure administrative efficiency and accountability in the

expenditure of funds and execution of funded projects under

this subtitle.

‘‘chronic high intensity crime area’’ means an area meeting

criteria adopted by the Attorney General by regulation that, at

a minimum, define areas with—

(A) consistently high rates of violent crime as reported

in the Federal Bureau of Investigation’s ‘‘Uniform Crime

Reports’’, and

(B) chronically high rates of poverty as determined by

the Bureau of the Census.

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this sub-

title—

(1) $100,000,000 for fiscal year 1996;

(2) $125,100,000 for fiscal year 1997;

(3) $125,100,000 for fiscal year 1998;

(4) $125,100,000 for fiscal year 1999; and

(5) $150,200,000 for fiscal year 2000.

Subtitle D—Family and Community

Endeavor Schools Grant Program

SEC. 30401. ø34 U.S.C. 12161¿ COMMUNITY SCHOOLS YOUTH SERVICES

AND SUPERVISION GRANT PROGRAM.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Commu-

nity Schools Youth Services and Supervision Grant Program Act of

1994’’.

(b) D

EFINITIONS

.—In this section—

‘‘child’’ means a person who is not younger than 5 and not

older than 18 years old.

‘‘community-based organization’’ means a private, locally

initiated, community-based organization that—

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(A) is a nonprofit organization, as defined in section

103(23) of the Juvenile Justice and Delinquency Preven-

tion Act of 1974 (42 U.S.C. 5603(23)); and

(B) is operated by a consortium of service providers,

consisting of representatives of 5 or more of the following

categories of persons:

(i) Residents of the community.

(ii) Business and civic leaders actively involved in

providing employment and business development op-

portunities in the community.

(iii) Educators.

(iv) Religious organizations (which shall not pro-

vide any sectarian instruction or sectarian worship in

connection with an activity funded under this title).

(v) Law enforcement agencies.

(vi) Public housing agencies.

(vii) Other public agencies.

(viii) Other interested parties.

‘‘eligible community’’ means an area identified pursuant to

subsection (e).

‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their sta-

tus as Indians.

‘‘poverty line’’ means the income official poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a

family of the size involved.

‘‘public school’’ means a public elementary school, as de-

fined in section 101(i) of the Higher Education Act of 1965, and

a public secondary school, as defined in section 101(d) of that

Act.

‘‘Secretary’’ means the Secretary of Health and Human

Services, in consultation and coordination with the Attorney

General.

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, and the United

States Virgin Islands.

ROGRAM

UTHORITY

.—

(1) I

N GENERAL

.—

(A) A

LLOCATIONS FOR STATES AND INDIAN COUNTRY

.—

For any fiscal year in which the sums appropriated to

carry out this section equal or exceed $20,000,000, from

the sums appropriated to carry out this subsection, the

Secretary shall allocate, for grants under subparagraph (B)

to community-based organizations in each State, an

amount bearing the same ratio to such sums as the num-

ber of children in the State who are from families with in-

comes below the poverty line bears to the number of chil-

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54 Sec. 30401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

dren in all States who are from families with incomes

below the poverty line. In view of the extraordinary need

for assistance in Indian country, an appropriate amount of

funds available under this subtitle shall be made available

for such grants in Indian country.

(B) G

RANTS TO COMMUNITY

BASED ORGANIZATIONS

FROM ALLOCATIONS

.—For such a fiscal year, the Secretary

may award grants from the appropriate State or Indian

country allocation determined under subparagraph (A) on

a competitive basis to eligible community-based organiza-

tions to pay for the Federal share of assisting eligible com-

munities to develop and carry out programs in accordance

with this section.

EALLOCATION

.—If, at the end of such a fiscal

year, the Secretary determines that funds allocated for

community-based organizations in a State or Indian coun-

try under subparagraph (B) remain unobligated, the Sec-

retary may use such funds to award grants to eligible com-

munity-based organizations in another State or Indian

country to pay for such Federal share. In awarding such

grants, the Secretary shall consider the need to maintain

geographic diversity among the recipients of such grants.

Amounts made available through such grants shall remain

available until expended.

(2) O

THER FISCAL YEARS

.—For any fiscal year in which the

sums appropriated to carry out this section are less than

$20,000,000, the Secretary may award grants on a competitive

basis to eligible community-based organizations to pay for the

Federal share of assisting eligible communities to develop and

carry out programs in accordance with this section.

(3) A

DMINISTRATIVE COSTS

.—The Secretary may use not

more than 3 percent of the funds appropriated to carry out this

section in any fiscal year for administrative costs.

(d) P

ROGRAM

EQUIREMENTS

.—

(1) L

OCATION

.—A community-based organization that re-

ceives a grant under this section to assist in carrying out such

a program shall ensure that the program is carried out—

(A) when appropriate, in the facilities of a public

school during nonschool hours; or

(B) in another appropriate local facility in a State or

Indian country, such as a college or university, a local or

State park or recreation center, church, or military base,

that is—

(i) in a location that is easily accessible to children

in the community; and

(ii) in compliance with all applicable local ordi-

nances.

(2) U

SE OF FUNDS

.—Such community-based organization—

(A) shall use funds made available through the grant

to provide, to children in the eligible community, services

and activities that—

(i) shall include supervised sports programs, and

extracurricular and academic programs, that are of-

fered—

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(I) after school and on weekends and holidays,

during the school year; and

(II) as daily full-day programs (to the extent

available resources permit) or as part-day pro-

grams, during the summer months;

(B) in providing such extracurricular and academic

programs, shall provide programs such as curriculum-

based supervised educational, work force preparation, en-

trepreneurship, cultural, health programs, social activities,

arts and crafts programs, dance programs, tutorial and

mentoring programs, and other related activities;

(i) such funds for minor renovation of facilities

that are in existence prior to the operation of the pro-

gram and that are necessary for the operation of the

program for which the organization receives the grant,

purchase of sporting and recreational equipment and

supplies, reasonable costs for the transportation of

participants in the program, hiring of staff, provision

of meals for such participants, provision of health

services consisting of an initial basic physical exam-

ination, provision of first aid and nutrition guidance,

family counselling, parental training, and substance

abuse treatment where appropriate; and

(ii) not more than 5 percent of such funds to pay

for the administrative costs of the program; and

(D) may not use such funds to provide sectarian wor-

ship or sectarian instruction.

(e) E

LIGIBLE

OMMUNITY

DENTIFICATION

.—

(1) I

DENTIFICATION

.—To be eligible to receive a grant

under this section, a community-based organization shall iden-

tify an eligible community to be assisted under this section.

(2) C

RITERIA

.—Such eligible community shall be an area

that meets such criteria with respect to significant poverty and

significant juvenile delinquency, and such additional criteria,

as the Secretary may by regulation require.

(f) A

PPLICATIONS

.—

(1) A

PPLICATION REQUIRED

.—To be eligible to receive a

grant under this section, a community-based organization shall

submit an application to the Secretary at such time, in such

manner, and accompanied by such information, as the Sec-

retary may reasonably require, and obtain approval of such ap-

plication.

(2) C

ONTENTS OF APPLICATION

.—Each application sub-

mitted pursuant to paragraph (1) shall—

(A) describe the activities and services to be provided

through the program for which the grant is sought;

(B) contain an assurance that the community-based

organization will spend grant funds received under this

section in a manner that the community-based organiza-

tion determines will best accomplish the objectives of this

section;

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is designed to achieve identifiable goals for children in the

eligible community;

(D) set forth measurable goals and outcomes for the

program that—

(i) will—

(I) where appropriate, make a public school

the focal point of the eligible community; or

(II) make a local facility described in sub-

section (d)(1)(B) such a focal point; and

(ii) may include reducing the percentage of chil-

dren in the eligible community that enter the juvenile

justice system, increasing the graduation rates, school

attendance, and academic success of children in the el-

igible community, and improving the skills of program

participants;

(E) provide evidence of support for accomplishing such

goals and outcomes from—

(i) community leaders;

(ii) businesses;

(iii) local educational agencies;

(iv) local officials;

(v) State officials;

(vi) Indian tribal government officials; and

(vii) other organizations that the community-

based organization determines to be appropriate;

(F) contain an assurance that the community-based or-

ganization will use grant funds received under this section

to provide children in the eligible community with activi-

ties and services that shall include supervised sports pro-

grams, and extracurricular and academic programs, in ac-

cordance with subparagraphs (A) and (B) of subsection

(d)(2);

(G) contain a list of the activities and services that

will be offered through the program for which the grant is

sought and sponsored by private nonprofit organizations,

individuals, and groups serving the eligible community, in-

cluding—

(i) extracurricular and academic programs, such

as programs described in subsection (d)(2)(B); and

(ii) activities that address specific needs in the

community;

(H) demonstrate the manner in which the community-

based organization will make use of the resources, exper-

tise, and commitment of private entities in carrying out

the program for which the grant is sought;

(I) include an estimate of the number of children in

the eligible community expected to be served pursuant to

the program;

(J) include a description of charitable private re-

sources, and all other resources, that will be made avail-

able to achieve the goals of the program;

(K) contain an assurance that the community-based

organization will use competitive procedures when pur-

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57 Sec. 30401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

chasing, contracting, or otherwise providing for goods, ac-

tivities, or services to carry out programs under this sec-

tion;

(L) contain an assurance that the program will main-

tain a staff-to-participant ratio (including volunteers) that

is appropriate to the activity or services provided by the

program;

(M) contain an assurance that the program will main-

tain an average attendance rate of not less than 75 percent

of the participants enrolled in the program, or will enroll

additional participants in the program;

(N) contain an assurance that the community-based

organization will comply with any evaluation under sub-

section (m), any research effort authorized under Federal

law, and any investigation by the Secretary;

(O) contain an assurance that the community-based

organization shall prepare and submit to the Secretary an

annual report regarding any program conducted under this

section;

(P) contain an assurance that the program for which

the grant is sought will, to the maximum extent possible,

incorporate services that are provided solely through non-

Federal private or nonprofit sources; and

(Q) contain an assurance that the community-based

organization will maintain separate accounting records for

the program.

(3) P

RIORITY

.—In awarding grants to carry out programs

under this section, the Secretary shall give priority to commu-

nity-based organizations who submit applications that dem-

onstrate the greatest effort in generating local support for the

programs.

(g) E

LIGIBILITY OF

ARTICIPANTS

.—

(1) I

N GENERAL

.—To the extent possible, each child who re-

sides in an eligible community shall be eligible to participate

in a program carried out in such community that receives as-

sistance under this section.

(2) E

LIGIBILITY

.—To be eligible to participate in a program

that receives assistance under this section, a child shall pro-

vide the express written approval of a parent or guardian, and

shall submit an official application and agree to the terms and

conditions of participation in the program.

(3) N

ONDISCRIMINATION

.—In selecting children to partici-

pate in a program that receives assistance under this section,

a community-based organization shall not discriminate on the

basis of race, color, religion, sex, national origin, or disability.

(h) P

EER

EVIEW

ANEL

.—

(1) E

STABLISHMENT

.—The Secretary may establish a peer

review panel that shall be comprised of individuals with dem-

onstrated experience in designing and implementing commu-

nity-based programs.

(2) C

OMPOSITION

.—A peer review panel shall include at

least 1 representative from each of the following:

(A) A community-based organization.

(B) A local government.

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58 Sec. 30401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(D) The private sector.

(E) A charitable organization.

(F) A representative of the United States Olympic

Committee, at the option of the Secretary.

(3) F

UNCTIONS

.—A peer review panel shall conduct the ini-

tial review of all grant applications received by the Secretary

under subsection (f), make recommendations to the Secretary

regarding—

(A) grant funding under this section; and

(B) a design for the evaluation of programs assisted

under this section.

(i) I

NVESTIGATIONS AND

NSPECTIONS

.—The Secretary may con-

duct such investigations and inspections as may be necessary to en-

sure compliance with the provisions of this section.

(j) P

AYMENTS

; F

EDERAL

HARE

; N

-F

EDERAL

HARE

.—

(1) P

AYMENTS

.—The Secretary shall, subject to the avail-

ability of appropriations, pay to each community-based organi-

zation having an application approved under subsection (f) the

Federal share of the costs of developing and carrying out pro-

grams described in subsection (c).

(2) F

EDERAL SHARE

.—The Federal share of such costs shall

be no more than—

(A) 75 percent for each of fiscal years 1995 and 1996;

(B) 70 percent for fiscal year 1997; and

(3) N

FEDERAL SHARE

.—

(A) I

N GENERAL

.—The non-Federal share of such costs

may be in cash or in kind, fairly evaluated, including

plant, equipment, and services (including the services de-

scribed in subsection (f)(2)(P)), and funds appropriated by

the Congress for the activity of any agency of an Indian

tribal government or the Bureau of Indian Affairs on any

Indian lands may be used to provide the non-Federal share

of the costs of programs or projects funded under this sub-

title.

(B) S

PECIAL RULE

.—At least 15 percent of the non-Fed-

eral share of such costs shall be provided from private or

nonprofit sources.

(k) E

VALUATION

.—The Secretary shall conduct a thorough eval-

uation of the programs assisted under this section, which shall in-

clude an assessment of—

(1) the number of children participating in each program

assisted under this section;

(2) the academic achievement of such children;

(3) school attendance and graduation rates of such chil-

dren; and

(4) the number of such children being processed by the ju-

venile justice system.

øSection 30402 repealed by section 301(d) of division A, section

101(f) of Public Law 105–277; 112 Stat. 2681–410.¿

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As Amended Through P.L. 117-315, Enacted December 27, 2022

59 Sec. 30801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated to

carry out this subtitle—

(1) $37,000,000 for fiscal year 1995;

(2) $103,500,000 for fiscal year 1996;

(3) $121,500,000 for fiscal year 1997;

(4) $153,000,000 for fiscal year 1998;

(5) $193,500,000 for fiscal year 1999; and

(6) $201,500,000 for fiscal year 2000.

(b) P

ROGRAMS

.—Of the amounts appropriated under subsection

(a) for any fiscal year—

(1) 70 percent shall be made available to carry out section

30401; and

(2) 30 percent shall be made available to carry out section

30402.

øSubtitle G was repealed by section 1154(b)(2) of Public Law

109–162¿

Subtitle H—Police Recruitment

SEC. 30801. ø34 U.S.C. 12171¿ GRANT AUTHORITY.

(a) G

RANTS

.—

(1) I

N GENERAL

.—The Attorney General may make grants

to qualified community organizations to assist in meeting the

costs of qualified programs which are designed to recruit and

retain applicants to police departments.

(2) C

ONSULTATION WITH THE OUNCE OF PREVENTION COUN

CIL

.—The Attorney General may consult with the Ounce of

Prevention Council in making grants under paragraph (1).

(b) Q

UALIFIED

OMMUNITY

RGANIZATIONS

.—An organization

is a qualified community organization which is eligible to receive

a grant under subsection (a) if the organization—

(1) is a nonprofit organization; and

(2) has training and experience in—

(A) working with a police department and with teach-

ers, counselors, and similar personnel,

(B) providing services to the community in which the

organization is located,

to recruit individuals to become members of a police de-

partment and to assist such individuals in meeting the

membership requirements of police departments,

(D) developing and managing services and techniques

to assist in the retention of applicants to police depart-

ments, and

(E) developing other programs that contribute to the

community.

UALIFIED

ROGRAMS

.—A program is a qualified program

for which a grant may be made under subsection (a) if the program

is designed to recruit and train individuals from underrepresented

neighborhoods and localities and if—

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60 Sec. 30801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) the overall design of the program is to recruit and re-

tain applicants to a police department;

(2) the program provides recruiting services which include

tutorial programs to enable individuals to meet police force

academic requirements and to pass entrance examinations;

(3) the program provides counseling to applicants to police

departments who may encounter problems throughout the ap-

plication process; and

(4) the program provides retention services to assist in re-

taining individuals to stay in the application process of a police

department.

(d) A

PPLICATIONS

.—To qualify for a grant under subsection (a),

a qualified organization shall submit an application to the Attorney

General in such form as the Attorney General may prescribe. Such

application shall—

(1) include documentation from the applicant showing—

(A) the need for the grant;

(B) the intended use of grant funds;

(D) demographic characteristics of the population to be

served, including age, disability, race, ethnicity, and lan-

guages used; and

(2) contain assurances satisfactory to the Attorney General

that the program for which a grant is made will meet the ap-

plicable requirements of the program guidelines prescribed by

the Attorney General under subsection (i).

(e) A

CTION BY THE

TTORNEY

ENERAL

.—Not later than 60

days after the date that an application for a grant under subsection

(a) is received, the Attorney General shall consult with the police

department which will be involved with the applicant and shall—

(1) approve the application and disburse the grant funds

applied for; or

(2) disapprove the application and inform the applicant

that the application is not approved and provide the applicant

with the reasons for the disapproval.

(f) G

RANT

ISBURSEMENT

.—The Attorney General shall dis-

burse funds under a grant under subsection (a) in accordance with

regulations of the Attorney General which shall ensure—

(1) priority is given to applications for areas and organiza-

tions with the greatest showing of need;

(2) that grant funds are equitably distributed on a geo-

graphic basis; and

(3) the needs of underserved populations are recognized

and addressed.

(g) G

RANT

ERIOD

.—A grant under subsection (a) shall be

made for a period not longer than 3 years.

(h) G

RANTEE

EPORTING

.—(1) For each year of a grant period

for a grant under subsection (a), the recipient of the grant shall file

a performance report with the Attorney General explaining the ac-

tivities carried out with the funds received and assessing the effec-

tiveness of such activities in meeting the purpose of the recipient’s

qualified program.

(2) If there was more than one recipient of a grant, each recipi-

ent shall file such report.

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61 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) The Attorney General shall suspend the funding of a grant,

pending compliance, if the recipient of the grant does not file the

report required by this subsection or uses the grant for a purpose

not authorized by this section.

(i) G

UIDELINES

.—The Attorney General shall, by regulation,

prescribe guidelines on content and results for programs receiving

a grant under subsection (a). Such guidelines shall be designed to

establish programs which will be effective in training individuals

to enter instructional programs for police departments and shall in-

clude requirements for—

(1) individuals providing recruiting services;

(2) individuals providing tutorials and other academic as-

sistance programs;

(3) individuals providing retention services; and

(4) the content and duration of recruitment, retention, and

counseling programs and the means and devices used to pub-

licize such programs.

SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for grants under sec-

tion 30801—

(1) $2,000,000 for fiscal year 1996;

(2) $4,000,000 for fiscal year 1997;

(3) $5,000,000 for fiscal year 1998;

(4) $6,000,000 for fiscal year 1999; and

(5) $7,000,000 for fiscal year 2000.

Subtitle J—Local Partnership Act

SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.

(a) E

STABLISHMENT OF

ROGRAM

.—Title 31, United States

Code, is amended by inserting after chapter 65 the following new

chapter:

‘‘CHAPTER 67—FEDERAL PAYMENTS

‘‘Sec.

‘‘6701. Payments to local governments.

‘‘6702. Local Government Fiscal Assistance Fund.

‘‘6703. Qualification for payment.

‘‘6704. State area allocations; allocations and payments to territorial governments.

‘‘6705. Local government allocations.

‘‘6706. Income gap multiplier.

‘‘6707. State variation of local government allocations.

‘‘6708. Adjustments of local government allocations.

‘‘6709. Information used in allocation formulas.

‘‘6710. Public participation.

‘‘6711. Prohibited discrimination.

‘‘6712. Discrimination proceedings.

‘‘6713. Suspension and termination of payments in discrimination proceedings.

‘‘6714. Compliance agreements.

‘‘6715. Enforcement by the Attorney General of prohibitions on discrimination.

‘‘6716. Civil action by a person adversely affected.

‘‘6717. Judicial review.

‘‘6718. Investigations and reviews.

‘‘6719. Reports.

‘‘6720. Definitions, application, and administration.

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62 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 6701. Payments to local governments

‘‘(a) P

AYMENT AND

.—

‘‘(1) P

AYMENT

.—The Secretary shall pay to each unit of

general local government which qualifies for a payment under

this chapter an amount equal to the sum of any amounts allo-

cated to the government under this chapter for each payment

period. The Secretary shall pay such amount out of the Local

Government Fiscal Assistance Fund under section 6702.

‘‘(2) U

.—Amounts paid to a unit of general local govern-

ment under this section shall be used by that unit for carrying

out one or more programs of the unit related to—

‘‘(A) education to prevent crime;

‘‘(B) substance abuse treatment to prevent crime; or

‘‘(C) job programs to prevent crime.

‘‘(3) C

OORDINATION

.—Programs funded under this title

shall be coordinated with other existing Federal programs to

meet the overall needs of communities that benefit from funds

received under this section.

‘‘(b) T

IMING OF

AYMENTS

.—The Secretary shall pay each

amount allocated under this chapter to a unit of general local gov-

ernment for a payment period by the later of 90 days after the date

the amount is available or the first day of the payment period pro-

vided that the unit of general local government has provided the

Secretary with the assurances required by section 6703(d).

‘‘(c) A

DJUSTMENTS

.—

‘‘(1) I

N GENERAL

.—Subject to paragraph (2), the Secretary

shall adjust a payment under this chapter to a unit of general

local government to the extent that a prior payment to the gov-

ernment was more or less than the amount required to be paid.

‘‘(2) C

ONSIDERATIONS

.—The Secretary may increase or de-

crease under this subsection a payment to a unit of local gov-

ernment only if the Secretary determines the need for the in-

crease or decrease, or the unit requests the increase or de-

crease, within one year after the end of the payment period for

which the payment was made.

‘‘(d) R

ESERVATION FOR

DJUSTMENTS

.—The Secretary may re-

serve a percentage of not more than 2 percent of the amount under

this section for a payment period for all units of general local gov-

ernment in a State if the Secretary considers the reserve is nec-

essary to ensure the availability of sufficient amounts to pay ad-

justments after the final allocation of amounts among the units of

general local government in the State.

‘‘(e) R

EPAYMENT OF

NEXPENDED

MOUNTS

.—

‘‘(1) R

EPAYMENT REQUIRED

.—A unit of general local govern-

ment shall repay to the Secretary, by not later than 15 months

after receipt from the Secretary, any amount that is—

‘‘(A) paid to the unit from amounts appropriated under

the authority of this section; and

‘‘(B) not expended by the unit within one year after re-

ceipt from the Secretary.

‘‘(2) P

ENALTY FOR FAILURE TO REPAY

.—If the amount re-

quired to be repaid is not repaid, the Secretary shall reduce

payments in future payment periods accordingly.

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63 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(3) D

EPOSIT OF AMOUNTS REPAID

.—Amounts received by

the Secretary as repayments under this subsection shall be de-

posited in the Local Government Fiscal Assistance Fund for fu-

ture payments to units of general local government.

‘‘(f) E

XPENDITURE

ITH

ISADVANTAGED

USINESS

NTER

PRISES

.—

‘‘(1) G

ENERAL RULE

.—Of amounts paid to a unit of general

local government under this chapter for a payment period, not

less than 10 percent of the total combined amounts obligated

by the unit for contracts and subcontracts shall be expended

with—

‘‘(A) small business concerns controlled by socially and

economically disadvantaged individuals and women; and

‘‘(B) historically Black colleges and universities and

colleges and universities having a student body in which

more than 20 percent of the students are Hispanic Ameri-

cans or Native Americans.

‘‘(2) E

XCEPTION

.—Paragraph (1) shall not apply to amounts

paid to a unit of general local government to the extent the

unit determines that the paragraph does not apply through a

process that provides for public participation.

‘‘(3) D

EFINITIONS

.—For purposes of this subsection—

‘‘(A) the term ‘small business concern’ has the meaning

such term has under section 3 of the Small Business Act;

and

‘‘(B) the term ‘socially and economically disadvantaged

individuals’ has the meaning such term has under section

8(d) of the Small Business Act and relevant subcontracting

regulations promulgated pursuant to that section.

‘‘(g) N

ONSUPPLANTING

EQUIREMENT

.—

‘‘(1) I

N GENERAL

.—Funds made available under this chap-

ter to units of local government shall not be used to supplant

State or local funds, but will be used to increase the amount

of funds that would, in the absence of funds under this chap-

ter, be made available from State or local sources.

‘‘(2) B

ASE LEVEL AMOUNT

.—The total level of funding avail-

able to a unit of local government for accounts serving eligible

purposes under this chapter in the fiscal year immediately pre-

ceding receipt of a grant under this chapter shall be designated

the ‘base level account’ for the fiscal year in which a grant is

received. Grants under this chapter in a given fiscal year shall

be reduced on a dollar for dollar basis to the extent that a unit

of local government reduces its base level account in that fiscal

year.

‘‘§ 6702. Local Government Fiscal Assistance Fund

‘‘(a) A

DMINISTRATION OF

UND

.—The Department of the Treas-

ury has a Local Government Fiscal Assistance Fund, which con-

sists of amounts appropriated to the Fund.

‘‘(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are author-

ized to be appropriated to the Fund—

‘‘(1) $270,000,000 for fiscal year 1996;

‘‘(2) $283,500,000 for fiscal year 1997;

‘‘(3) $355,500,000 for fiscal year 1998;

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64 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(4) $355,500,000 for fiscal year 1999; and

‘‘(5) $355,500,000 for fiscal year 2000.

Such sums are to remain available until expended.

‘‘(c) A

DMINISTRATIVE

OSTS

.—Up to 2.5 percent of the amount

authorized to be appropriated under subsection (b) is authorized to

be appropriated for the period fiscal year 1995 through fiscal year

2000 to be available for administrative costs by the Secretary in

furtherance of the purposes of the program. Such sums are to re-

main available until expended.

‘‘§ 6703. Qualification for payment

‘‘(a) I

ENERAL

.—The Secretary shall issue regulations estab-

lishing procedures under which eligible units of general local gov-

ernment are required to provide notice to the Secretary of the

units’ proposed use of assistance under this chapter. Subject to sub-

section (c), the assistance provided shall be used, in amounts deter-

mined by the unit, for activities under, or for activities that are

substantially similar to an activity under, 1 or more of the fol-

lowing programs and the notice shall identify 1 or more of the fol-

lowing programs for each such use:

‘‘(1) The Drug Abuse Resistance Education Program under

section 5122 of the Elementary and Secondary Education Act

of 1965.

‘‘(2) The National Youth Sports Program under section 682

of the Community Services Block Grant Act (Public Law 97–

35) as amended by section 205, Public Law 103–252.

‘‘(3) The Gang Resistance Education and Training Program

under the Act entitled ‘An Act making appropriations for the

Treasury Department, the United States Postal Service, the

Executive Office of the President, and certain Independent

Agencies, for the fiscal year ending September 30, 1991, and

for other purposes’, approved November 5, 1990 (Public Law

101–509).

‘‘(4) Programs under title II or IV of the Job Training Part-

nership Act (29 U.S.C. 1601 et seq.).

‘‘(5) Programs under subtitle C of title I of the National

and Community Service Act of 1990 (42 U.S.C. 12571 et seq.),

as amended.

‘‘(6) Programs under the School to Work Opportunities Act

(Public Law 103–239).

‘‘(7) Substance Abuse Treatment and Prevention programs

authorized under title V or XIX of the Public Health Services

Act (43 U.S.C. 201 et seq.).

‘‘(8) Programs under the Head Start Act (42 U.S.C. 9831

et seq.).

‘‘(9) Programs under part A or B of chapter 1 of title I of

the Elementary and Secondary Education Act of 1965.

‘‘(10) The TRIO programs under part A of title IV of the

Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

‘‘(11) Programs under the National Literacy Act of 1991.

‘‘(12) Programs under the Carl Perkins Vocational Edu-

cational and Applied Technology Education Act (20 U.S.C.

2301 et seq.).

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65 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(13) The demonstration partnership programs including

the community initiative targeted to minority youth under sec-

tion 203 of the Human Services Reauthorization Act of 1994

(Public Law 103–252).

‘‘(14) The runaway and homeless youth program and the

transitional living program for homeless youth under title III

of the Juvenile Justice and Delinquency Prevention Act (Public

Law 102–586).

‘‘(15) The family support program under subtitle F of title

VII of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 1148 et seq.).

‘‘(16) After-school activities for school aged children under

the Child Care and Development Block Grant Act (42 U.S.C.

9858 et seq.).

‘‘(17) The community-based family resource programs

under section 401 of the Human Services Reauthorization Act

of 1994 (Public Law 103–252).

‘‘(18) The family violence programs under the Child Abuse

Prevention and Treatment Act Amendments of 1984.

‘‘(19) Job training programs administered by the Depart-

ment of Agriculture, the Department of Defense, or the Depart-

ment of Housing and Urban Development.

‘‘(b) N

OTICE TO

GENCY

.—Upon receipt of notice under sub-

section (a) from an eligible unit of general local government, the

Secretary shall notify the head of the appropriate Federal agency

for each program listed in subsection (a) that is identified in the

notice as a program under which an activity will be conducted with

assistance under this chapter. The notification shall state that the

unit has elected to use some or all of its assistance under this

chapter for activities under that program. The head of a Federal

agency that receives such a notification shall ensure that such use

is in compliance with the laws and regulations applicable to that

program, except that any requirement to provide matching funds

shall not apply to that use.

‘‘(c) A

LTERNATIVE

SES OF

UNDS

.—

‘‘(1) A

LTERNATIVE USES AUTHORIZED

.—In lieu of, or in addi-

tion to, use for an activity described in subsection (a) and no-

tice for that use under subsection (a), an eligible unit of gen-

eral local government may use assistance under this chapter,

and shall provide notice of that use to the Secretary under sub-

section (a), for any other activity that is consistent with 1 or

more of the purposes described in section 6701(a)(2).

‘‘(2) N

OTICE DEEMED TO DESCRIBE CONSISTENT USE

.—Notice

by a unit of general local government that it intends to use as-

sistance under this chapter for an activity other than an activ-

ity described in subsection (a) is deemed to describe an activity

that is consistent with 1 or more of the purposes described in

section 6701(a)(2) unless the Secretary provides to the unit,

within 30 days after receipt of that notice of intent from the

unit, written notice (including an explanation) that the use is

not consistent with those purposes.

‘‘(d) G

ENERAL

EQUIREMENTS FOR

UALIFICATION

.—A unit of

general local government qualifies for a payment under this chap-

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66 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ter for a payment period only after establishing to the satisfaction

of the Secretary that—

‘‘(1) the government will establish a trust fund in which

the government will deposit all payments received under this

chapter;

‘‘(2) the government will use amounts in the trust fund (in-

cluding interest) during a reasonable period;

‘‘(3) the government will expend the payments so received,

in accordance with the laws and procedures that are applicable

to the expenditure of revenues of the government;

‘‘(4) if at least 25 percent of the pay of individuals em-

ployed by the government in a public employee occupation is

paid out of the trust fund, individuals in the occupation any

part of whose pay is paid out of the trust fund will receive pay

at least equal to the prevailing rate of pay for individuals em-

ployed in similar public employee occupations by the govern-

ment;

‘‘(5) all laborers and mechanics employed by contractors or

subcontractors in the performance of any contract and sub-

contract for the repair, renovation, alteration, or construction,

including painting and decorating, of any building or work that

is financed in whole or in part by a grant under this title, shall

be paid wages not less than those determined by the Secretary

of Labor in accordance with the Act of March 3, 1931 (com-

monly known as the Davis-Bacon Act); as amended (40 U.S.C.

276a–276a–5). The Secretary of Labor shall have the authority

and functions set forth in Reorganization Plan No. 14 of 1950

(15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June

1, 1934 (commonly known as the Copeland Anti-Kickback Act),

as amended (40 U.S.C. 276c, 48 Stat. 948);

‘‘(6) the government will use accounting, audit, and fiscal

procedures that conform to guidelines which shall be pre-

scribed by the Secretary after consultation with the Comp-

troller General of the United States. As applicable, amounts re-

ceived under this chapter shall be audited in compliance with

the Single Audit Act of 1984;

‘‘(7) after reasonable notice to the government, the govern-

ment will make available to the Secretary and the Comptroller

General of the United States, with the right to inspect, records

the Secretary reasonably requires to review compliance with

this chapter or the Comptroller General of the United States

reasonably requires to review compliance and operations under

section 6718(b);

‘‘(8) the government will make reports the Secretary rea-

sonably requires, in addition to the annual reports required

under section 6719(b); and

‘‘(9) the government will spend the funds only for the pur-

poses set forth in section 6701(a)(2).

‘‘(e) R

EVIEW BY

OVERNORS

.—A unit of general local govern-

ment shall give the chief executive officer of the State in which the

government is located an opportunity for review and comment be-

fore establishing compliance with subsection (d).

‘‘(f) S

ANCTIONS FOR

ONCOMPLIANCE

.—

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67 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(1) I

N GENERAL

.—If the Secretary decides that a unit of

general local government has not complied substantially with

subsection (d) or regulations prescribed under subsection (d),

the Secretary shall notify the government. The notice shall

state that if the government does not take corrective action by

the 60th day after the date the government receives the notice,

the Secretary will withhold additional payments to the govern-

ment for the current payment period and later payment peri-

ods until the Secretary is satisfied that the government—

‘‘(A) has taken the appropriate corrective action; and

‘‘(B) will comply with subsection (d) and regulations

prescribed under subsection (d).

‘‘(2) N

OTICE

.—Before giving notice under paragraph (1),

the Secretary shall give the chief executive officer of the unit

of general local government reasonable notice and an oppor-

tunity for comment.

‘‘(3) P

AYMENT CONDITIONS

.—The Secretary may make a

payment to a unit of general local government notified under

paragraph (1) only if the Secretary is satisfied that the govern-

ment—

‘‘(A) has taken the appropriate corrective action; and

‘‘(B) will comply with subsection (d) and regulations

prescribed under subsection (d).

‘‘§ 6704. State area allocations; allocations and payments to

territorial governments

‘‘(a) F

ORMULA

LLOCATION BY

TATE

.—For each payment pe-

riod, the Secretary shall allocate to each State out of the amount

appropriated for the period under the authority of section 6702(b)

(minus the amounts allocated to territorial governments under sub-

section (e) for the payment period) an amount bearing the same

ratio to the amount appropriated (minus such amounts allocated

under subsection (e)) as the amount allocated to the State under

this section bears to the total amount allocated to all States under

this section. The Secretary shall—

‘‘(1) determine the amount allocated to the State under

subsection (b) or (c) of this section and allocate the larger

amount to the State; and

‘‘(2) allocate the amount allocated to the State to units of

general local government in the State under sections 6705 and

6706.

‘‘(b) G

ENERAL

ORMULA

.—

‘‘(1) I

N GENERAL

.—For the payment period beginning Octo-

ber 1, 1994, the amount allocated to a State under this sub-

section for a payment period is the amount bearing the same

ratio to $5,300,000,000 as—

‘‘(A) the population of the State, multiplied by the gen-

eral tax effort factor of the State (determined under para-

graph (2)), multiplied by the relative income factor of the

State (determined under paragraph (3)), multiplied by the

relative rate of the labor force unemployed in the State

(determined under paragraph (4)); bears to

‘‘(B) the sum of the products determined under sub-

paragraph (A) of this paragraph for all States.

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68 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) G

ENERAL TAX EFFORT FACTOR

.—The general tax effort

factor of a State for a payment period is—

‘‘(A) the net amount of State and local taxes of the

State collected during the year 1991 as reported by the Bu-

reau of the Census in the publication Government Fi-

nances 1990–1991; divided by

‘‘(B) the total income of individuals, as determined by

the Secretary of Commerce for national accounts purposes

for 1992 as reported in the publication Survey of Current

Business (August 1993), attributed to the State for the

same year.

‘‘(3) R

ELATIVE INCOME FACTOR

.—The relative income factor

of a State is a fraction in which—

‘‘(A) the numerator is the per capita income of the

United States; and

‘‘(B) the denominator is the per capita income of the

State.

‘‘(4) R

ELATIVE RATE OF LABOR FORCE

.—The relative rate of

the labor force unemployed in a State is a fraction in which—

‘‘(A) the numerator is the percentage of the labor force

of the State that is unemployed in the calendar year pre-

ceding the payment period (as determined by the Secretary

of Labor for general statistical purposes); and

‘‘(B) the denominator is the percentage of the labor

force of the United States that is unemployed in the cal-

endar year preceding the payment period (as determined

by the Secretary of Labor for general statistical purposes).

‘‘(c) A

LTERNATIVE

ORMULA

.—For the payment period begin-

ning October 1, 1994, the amount allocated to a State under this

subsection for a payment period is the total amount the State

would receive if—

‘‘(1) $1,166,666,667 were allocated among the States on the

basis of population by allocating to each State an amount bear-

ing the same ratio to the total amount to be allocated under

this paragraph as the population of the State bears to the pop-

ulation of all States;

‘‘(2) $1,166,666,667 were allocated among the States on the

basis of population inversely weighted for per capita income, by

allocating to each State an amount bearing the same ratio to

the total amount to be allocated under this paragraph as—

‘‘(A) the population of the State, multiplied by a frac-

tion in which—

‘‘(i) the numerator is the per capita income of all

States; and

‘‘(ii) the denominator is the per capita income of

the State; bears to

‘‘(B) the sum of the products determined under sub-

paragraph (A) for all States;

‘‘(3) $600,000,000 were allocated among the States on the

basis of income tax collections by allocating to each State an

amount bearing the same ratio to the total amount to be allo-

cated under this paragraph as the income tax amount of the

State (determined under subsection (d)(1)) bears to the sum of

the income tax amounts of all States;

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69 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(4) $600,000,000 were allocated among the States on the

basis of general tax effort by allocating to each State an

amount bearing the same ratio to the total amount to be allo-

cated under this paragraph as the general tax effort amount of

the State (determined under subsection (d)(2)) bears to the

sum of the general tax effort amounts of all States;

‘‘(5) $600,000,000 were allocated among the States on the

basis of unemployment by allocating to each State an amount

bearing the same ratio to the total amount to be allocated

under this paragraph as—

‘‘(A) the labor force of the State, multiplied by a frac-

tion in which—

‘‘(i) the numerator is the percentage of the labor

force of the State that is unemployed in the calendar

year preceding the payment period (as determined by

the Secretary of Labor for general statistical pur-

poses); and

‘‘(ii) the denominator is the percentage of the labor

force of the United States that is unemployed in the

calendar year preceding the payment period (as deter-

mined by the Secretary of Labor for general statistical

purposes)

bears to

‘‘(B) the sum of the products determined under sub-

paragraph (A) for all States; and

‘‘(6) $1,166,666,667 were allocated among the States on the

basis of urbanized population by allocating to each State an

amount bearing the same ratio to the total amount to be allo-

cated under this paragraph as the urbanized population of the

State bears to the urbanized population of all States. In this

paragraph, the term ‘urbanized population’ means the popu-

lation of an area consisting of a central city or cities of at least

50,000 inhabitants and the surrounding closely settled area for

the city or cities considered as an urbanized area as published

by the Bureau of the Census for 1990 in the publication Gen-

eral Population Characteristics for Urbanized Areas.

‘‘(d) I

NCOME

MOUNT AND

FFORT

MOUNT

.—

‘‘(1) I

NCOME TAX AMOUNT

.—The income tax amount of a

State for a payment period is 15 percent of the net amount col-

lected during the calendar year ending before the beginning of

the payment period from the tax imposed on the income of in-

dividuals by the State and described as a State income tax

under section 164(a)(3) of the Internal Revenue Code of 1986

(26 U.S.C. 164(a)(3)). The income tax amount for a payment

period shall be at least 1 percent but not more than 6 percent

of the United States Government individual income tax liabil-

ity attributed to the State for the taxable year ending during

the last calendar year ending before the beginning of the pay-

ment period. The Secretary shall determine the Government

income tax liability attributed to the State by using the data

published by the Secretary for 1991 in the publication Statis-

tics of Income Bulletin (Winter 1993–1994).

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70 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) G

ENERAL TAX EFFORT AMOUNT

.—The general tax effort

amount of a State for a payment period is the amount deter-

mined by multiplying—

‘‘(A) the net amount of State and local taxes of the

State collected during the year 1991 as reported in the Bu-

reau of Census in the publication Government Finances

1990–1991; and

‘‘(B) the general tax effort factor of the State deter-

mined under subsection (b)(2).

‘‘(e) A

LLOCATION FOR

UERTO

ICO

, G

UAM

, A

MERICAN

AMOA

AND THE

IRGIN

SLANDS

.—

‘‘(1) I

N GENERAL

.—(A) For each payment period for which

funds are available for allocation under this chapter, the Sec-

retary shall allocate to each territorial government an amount

equal to the product of 1 percent of the amount of funds avail-

able for allocation multiplied by the applicable territorial per-

centage.

‘‘(B) For the purposes of this paragraph, the applicable ter-

ritorial percentage of a territory is equal to the quotient result-

ing from the division of the territorial population of such terri-

tory by the sum of the territorial population for all territories.

‘‘(2) P

AYMENTS TO LOCAL GOVERNMENTS

.—The governments

of the territories shall make payments to local governments

within their jurisdiction from sums received under this sub-

section as they consider appropriate.

‘‘(3) D

EFINITIONS

.—For purposes of this subsection—

‘‘(A) the term ‘territorial government’ means the gov-

ernment of a territory;

‘‘(B) the term ‘territory’ means Puerto Rico, Guam,

American Samoa, and the Virgin Islands; and

‘‘(C) the term ‘territorial population’ means the most

recent population for each territory as determined by the

Bureau of Census.

‘‘§ 6705. Local government allocations

‘‘(a) I

NDIAN

RIBES AND

LASKAN

ATIVES

ILLAGES

.—If there

is in a State an Indian tribe or Alaskan native village having a rec-

ognized governing body carrying out substantial governmental du-

ties and powers, the Secretary shall allocate to the tribe or village,

out of the amount allocated to the State under section 6704, an

amount bearing the same ratio to the amount allocated to the State

as the population of the tribe or village bears to the population of

the State. The Secretary shall allocate amounts under this sub-

section to Indian tribes and Alaskan native villages in a State be-

fore allocating amounts to units of general local government in the

State under subsection (c). For the payment period beginning Octo-

ber 1, 1994, the Secretary shall use as the population of each In-

dian tribe or Alaskan native village the population for 1991 as re-

ported by the Bureau of Indian Affairs in the publication Indian

Service Population and Labor Force Estimates (January 1991). In

addition to uses authorized under section 6701(a)(2), amounts allo-

cated under this subsection and paid to an Indian tribe or Alaskan

native village under this chapter may be used for renovating or

building prisons or other correctional facilities.

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71 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(b) N

EWLY

NCORPORATED

OCAL

OVERNMENTS AND

NNEXED

OVERNMENTS

.—If there is in a State a unit of general local gov-

ernment that has been incorporated since the date of the collection

of the data used by the Secretary in making allocations pursuant

to sections 6704 through 6706 and 6708, the Secretary shall allo-

cate to this newly incorporated local government, out of the amount

allocated to the State under section 6704, an amount bearing the

same ratio to the amount allocated to the State as the population

of the newly incorporated local government bears to the population

of the State. If there is in the State a unit of general local govern-

ment that has been annexed since the date of the collection of the

data used by the Secretary in making allocations pursuant to sec-

tions 6704 through 6706 and 6708, the Secretary shall pay the

amount that would have been allocated to this local government to

the unit of general local government that annexed it.

‘‘(c) O

THER

OCAL

OVERNMENT

LLOCATIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall allocate among the

units of general local government in a State (other than units

receiving allocations under subsection (a)) the amount allo-

cated to the State under section 6704 (as that amount is re-

duced by allocations under subsection (a)). Of the amount to be

allocated, the Secretary shall allocate a portion equal to

⁄

such amount in accordance with section 6706(1), and shall allo-

cate a portion equal to

⁄

of such amount in accordance with

section 6706(2). A unit of general local government shall re-

ceive an amount equal to the sum of amounts allocated to the

unit from each portion.

‘‘(2) R

ATIO

.—From each portion to be allocated to units of

local government in a State under paragraph (1), the Secretary

shall allocate to a unit an amount bearing the same ratio to

the funds to be allocated as—

‘‘(A) the population of the unit, multiplied by the

general tax effort factor of the unit (determined under

paragraph (3)), multiplied by the income gap of the unit

(determined under paragraph (4)), bears to

‘‘(B) the sum of the products determined under sub-

paragraph (A) for all units in the State for which the in-

come gap for that portion under paragraph (4) is greater

than zero.

‘‘(3) G

ENERAL TAX EFFORT FACTOR

.—(A) Except as provided

in subparagraph (C), the general tax effort factor of a unit of

general local government for a payment period is—

‘‘(i) the adjusted taxes of the unit; divided by

‘‘(ii) the total income attributed to the unit.

‘‘(B) If the amount determined under subparagraphs (A) (i)

and (ii) for a unit of general local government is less than zero,

the general tax effort factor of the unit is deemed to be zero.

‘‘(C)(i) Except as otherwise provided in this subparagraph,

for the payment period beginning October 1, 1994, the adjusted

taxes of a unit of general local government are the taxes im-

posed by the unit for public purposes (except employee and em-

ployer assessments and contributions to finance retirement

and social insurance systems and other special assessments for

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72 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

capital outlay), as determined by the Bureau of the Census for

the 1987 Census of Governments and adjusted as follows:

‘‘(I) Adjusted taxes equals total taxes times a fraction

in which the numerator is the sum of unrestricted reve-

nues and revenues dedicated for spending on education

minus total education spending and the denominator is

total unrestricted revenues.

‘‘(II) Total taxes is the sum of property tax; general

sales tax; alcoholic beverage tax; amusement tax; insur-

ance premium tax; motor fuels tax; parimutuels tax; public

utilities tax; tobacco tax; other selective sales tax; alcoholic

beverage licenses, amusement licenses; corporation li-

censes, hunting and fishing licenses; motor vehicle li-

censes; motor vehicle operator licenses; public utility li-

censes; occupation and business licenses, not elsewhere

classified; other licenses, individual income tax; corpora-

tion net income tax; death and gift tax; documentary and

stock transfer tax; severance tax; and taxes not elsewhere

classified.

‘‘(III) Unrestricted revenues is the sum of total taxes

and intergovernmental revenue from Federal Government,

general revenue sharing; intergovernmental revenue from

Federal Government, other general support; intergovern-

mental revenue from Federal Government, other; intergov-

ernmental revenue from State government, other general

support; intergovernmental revenue from State govern-

ment, other; intergovernmental revenue from local govern-

ments, other general support; intergovernmental revenue

from local governments, other; miscellaneous general rev-

enue, property sale-housing and community development;

miscellaneous general revenue, property sale-other prop-

erty; miscellaneous general revenue, interest earnings on

investments; miscellaneous general revenue, fines and for-

feits; miscellaneous general revenue, rents; miscellaneous

general revenues, royalties; miscellaneous general revenue,

donations from private sources; miscellaneous general rev-

enue, net lottery revenue (after prizes and administrative

expenses); miscellaneous general revenue, other miscella-

neous general revenue; and all other general charges, not

elsewhere classified.

‘‘(IV) Revenues dedicated for spending on education is

the sum of elementary and secondary education, school

lunch; elementary and secondary education, tuition; ele-

mentary and secondary education, other; higher education,

auxiliary enterprises; higher education, other; other edu-

cation, not elsewhere classified; intergovernmental revenue

from Federal Government, education; intergovernmental

revenue from State government, education; intergovern-

mental revenue from local governments, interschool sys-

tem revenue; intergovernmental revenue from local gov-

ernments, education; interest earnings, higher education;

interest earnings, elementary and secondary education;

miscellaneous revenues, higher education; and miscella-

neous revenues, elementary and secondary education.

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73 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(V) Total education spending is the sum of elemen-

tary and secondary education, current operations; elemen-

tary and secondary education, construction; elementary

and secondary education, other capital outlays; elementary

and secondary education, to State governments; elemen-

tary and secondary education, to local governments, not

elsewhere classified; elementary and secondary education,

to counties; elementary and secondary education, to mu-

nicipalities; elementary and secondary education, to town-

ships; elementary and secondary education, to school dis-

tricts; elementary and secondary education, to special dis-

tricts; higher education-auxiliary enterprises, current oper-

ations; higher education-auxiliary enterprises, construc-

tion; higher education, auxiliary enterprises, other capital

outlays; other higher education, current operations; other

higher education, construction; other higher education,

other capital outlays; other higher education, to State gov-

ernment; other higher education, to local governments, not

elsewhere classified; other higher education, to counties;

other higher education, to municipalities; other higher

education, to townships; other higher education, to school

districts; other higher education, to special districts; edu-

cation assistance and subsidies; education, not elsewhere

classified, current operations; education, not elsewhere

classified, construction education, not elsewhere classified,

other capital outlays; education, not elsewhere classified,

to State government; education, not elsewhere classified, to

local governments, not elsewhere classified; education, not

elsewhere classified, to counties; education, not elsewhere

classified, to municipalities; education, not elsewhere clas-

sified, to townships; education, not elsewhere classified, to

school districts; education, not elsewhere classified, to spe-

cial districts; and education, not elsewhere classified, to

Federal Government.

‘‘(VI) If the amount of adjusted taxes is less than zero,

the amount of adjusted tax shall be deemed to be zero.

‘‘(VII) If the amount of adjusted taxes exceeds the

amount of total taxes, the amount of adjusted taxes is

deemed to equal the amount of total taxes.

‘‘(ii) The Secretary shall, for purposes of clause (i), include

that part of sales taxes transferred to a unit of general local

government that are imposed by a county government in the

geographic area of which is located the unit of general local

government as taxes imposed by the unit for public purposes

if—

‘‘(I) the county government transfers any part of the

revenue from the taxes to the unit of general local govern-

ment without specifying the purpose for which the unit of

general local government may expend the revenue; and

‘‘(II) the chief executive officer of the State notifies the

Secretary that the taxes satisfy the requirements of this

clause.

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74 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(iii) The adjusted taxes of a unit of general local govern-

ment shall not exceed the maximum allowable adjusted taxes

for that unit.

‘‘(iv) The maximum allowable adjusted taxes for a unit of

general local government is the allowable adjusted taxes of the

unit minus the excess adjusted taxes of the unit.

‘‘(v) The allowable adjusted taxes of a unit of general gov-

ernment is the greater of—

‘‘(I) the amount equal to 2.5, multiplied by the per cap-

ita adjusted taxes of all units of general local government

of the same type in the State, multiplied by the population

of the unit; or

‘‘(II) the amount equal to the population of the unit,

multiplied by the sum of the adjusted taxes of all units of

municipal local government in the State, divided by the

sum of the populations of all the units of municipal local

government in the State.

‘‘(vi) The excess adjusted taxes of a unit of general local

government is the amount equal to—

‘‘(I) the adjusted taxes of the unit, minus

‘‘(II) 1.5 multiplied by the allowable adjusted taxes of

the unit;

except that if this amount is less than zero then the excess ad-

justed taxes of the unit is deemed to be zero.

‘‘(vii) For purposes of this subparagraph—

‘‘(I) the term ‘per capita adjusted taxes of all units of

general local government of the same type’ means the sum

of the adjusted taxes of all units of general local govern-

ment of the same type divided by the sum of the popu-

lations of all units of general local government of the same

type; and

‘‘(II) the term ‘units of general local government of the

same type’ means all townships if the unit of general local

government is a township, all municipalities if the unit of

general local government is a municipality, all counties if

the unit of general local government is a county, or all uni-

fied city/county governments if the unit of general local

government is a unified city/county government.

‘‘(4) I

NCOME GAP

.—(A) Except as provided in subparagraph

(B), the income gap of a unit of general local government is—

‘‘(i) the number which applies under section 6706,

multiplied by the per capita income of the State in which

the unit is located; minus

‘‘(ii) the per capita income of the geographic area of

the unit.

‘‘(B) If the amount determined under subparagraph (A) for

a unit of general local government is less than zero, then the

relative income factor of the unit is deemed to be zero.

‘‘(d) S

MALL

OVERNMENT

LLOCATIONS

.—If the Secretary de-

cides that information available for a unit of general local govern-

ment with a population below a number (of not more than 500) pre-

scribed by the Secretary is inadequate, the Secretary may allocate

to the unit, in lieu of any allocation under subsection (b) for a pay-

ment period, an amount bearing the same ratio to the total amount

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75 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

to be allocated under subsection (b) for the period for all units of

general local government in the State as the population of the unit

bears to the population of all units in the State.

‘‘§ 6706. Income gap multiplier

‘‘For purposes of determining the income gap of a unit of gen-

eral local government under section 6705(b)(4)(A), the number

which applies is—

‘‘(1) 1.6, with respect to

⁄

of any amount allocated under

section 6704 to the State in which the unit is located; and

‘‘(2) 1.2, with respect to the remainder of such amount.

‘‘§ 6707. State variation of local government allocations

‘‘(a) S

TATE

ORMULA

.—A State government may provide by law

for the allocation of amounts among units of general local govern-

ment in the State on the basis of population multiplied by the gen-

eral tax effort factors or income gaps of the units of general local

government determined under sections 6705 (a) and (b) or a com-

bination of those factors. A State government providing for a vari-

ation of an allocation formula provided under sections 6705 (a) and

(b) shall notify the Secretary of the variation by the 30th day be-

fore the beginning of the first payment period in which the vari-

ation applies. A variation shall—

‘‘(1) provide for allocating the total amount allocated under

sections 6705 (a) and (b); and

‘‘(2) apply uniformly in the State.

‘‘(b) C

ERTIFICATION

.—A variation by a State government under

this section may apply only if the Secretary certifies that the vari-

ation complies with this section. The Secretary may certify a vari-

ation only if the Secretary is notified of the variation at least 30

days before the first payment period in which the variation applies.

‘‘§ 6708. Adjustments of local government allocations

‘‘(a) M

AXIMUM

MOUNT

.—The amount allocated to a unit of

general local government for a payment period may not exceed the

adjusted taxes imposed by the unit of general local government as

determined under section 6705(b)(3). Amounts in excess of adjusted

taxes shall be paid to the Governor of the State in which the unit

of local government is located.

‘‘(b) D

INIMIS

LLOCATIONS TO

NITS OF

ENERAL

OCAL

OVERNMENT

.—If the amount allocated to a unit of general local

government (except an Indian tribe or an Alaskan native village)

for a payment period would be less than $5,000 but for this sub-

section or is waived by the governing authority of the unit of gen-

eral local government, the Secretary shall pay the amount to the

Governor of the State in which the unit is located.

‘‘(c) U

SE OF

AYMENTS TO

TATES

.—The Governor of a State

shall use all amounts paid to the Governor under subsections (a)

and (b) for programs described in section 6701(a)(2) in areas of the

State where are located the units of general local government with

respect to which amounts are paid under subsection (b).

‘‘(d) D

INIMIS

LLOCATIONS TO

NDIAN

RIBES AND

LASKAN

ATIVE

ILLAGES

.—

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76 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(1) A

GGREGATION OF DE MINIMIS ALLOCATIONS

.—If the

amount allocated to an Indian tribe or an Alaskan native vil-

lage for a payment period would be less than $5,000 but for

this subsection or is waived by the chief elected official of the

tribe or village, the amount—

‘‘(A) shall not be paid to the tribe or village (except

under paragraph (2)); and

‘‘(B) shall be aggregated with other such amounts and

available for use by the Attorney General under

paragraph (2).

‘‘(2) U

SE OF AGGREGATED AMOUNTS

.—Amounts aggregated

under paragraph (1) for a payment period shall be available for

use by the Attorney General to make grants in the payment

period on a competitive basis to Indian Tribes and Alaskan na-

tive village for—

‘‘(A) programs described in section 6701(a)(2); or

‘‘(B) renovating or building prisons or other correc-

tional facilities.

‘‘§ 6709. Information used in allocation formulas

‘‘(a) P

OPULATION

ATA FOR

AYMENT

ERIOD

EGINNING

CTO

BER

1, 1994.—For the payment period beginning October 1, 1994,

the Secretary, in making allocations pursuant to sections 6704

through 6706 and 6708, shall use for the population of the States

the population for 1992 as reported by the Bureau of the Census

in the publication Current Population Reports, Series P–25, No.

1045 (July 1992) and for the population of units of general local

government the Secretary shall use the population for 1990 as re-

ported by the Bureau of the Census in the publication Summary

Social, Economic, and Housing Characteristics.

‘‘(b) D

ATA FOR

AYMENT

ERIODS

EGINNING

FTER

TEMBER

30, 1995.—For any payment period beginning after Sep-

tember 30, 1995, the Secretary, in making allocations pursuant to

sections 6704 through 6706 and 6708, shall use information more

recent than the information used for the payment period beginning

October 1, 1994, provided the Secretary notifies the Committee on

Government Operations of the House of Representatives at least 90

days prior to the beginning of the payment period that the Sec-

retary has determined that the more recent information is more re-

liable than the information used for the payment period beginning

October 1, 1994.

‘‘§ 6710. Public participation

‘‘(a) H

EARINGS

.—

‘‘(1) I

N GENERAL

.—A unit of general local government ex-

pending payments under this chapter shall hold at least one

public hearing on the proposed use of the payment in relation

to its entire budget. At the hearing, persons shall be given an

opportunity to provide written and oral views to the govern-

mental authority responsible for enacting the budget and to

ask questions about the entire budget and the relation of the

payment to the entire budget. The government shall hold the

hearing at a time and a place that allows and encourages pub-

lic attendance and participation.

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77 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) S

ENIOR CITIZENS

.—A unit of general local government

holding a hearing required under this subsection or by the

budget process of the government shall try to provide senior

citizens and senior citizen organizations with an opportunity to

present views at the hearing before the government makes a

final decision on the use of the payment.

‘‘(b) D

ISCLOSURE OF

NFORMATION

.—

‘‘(1) I

N GENERAL

.—By the 10th day before a hearing re-

quired under subsection (a)(1) is held, a unit of general local

government shall—

‘‘(A) make available for inspection by the public at the

principal office of the government a statement of the pro-

posed use of the payment and a summary of the proposed

budget of the government; and

‘‘(B) publish in at least one newspaper of general cir-

culation the proposed use of the payment with the sum-

mary of the proposed budget and a notice of the time and

place of the hearing.

‘‘(2) A

VAILABILITY

.—By the 30th day after adoption of the

budget under State or local law, the government shall—

‘‘(A) make available for inspection by the public at the

principal office of the government a summary of the adopt-

ed budget, including the proposed use of the payment; and

‘‘(B) publish in at least one newspaper of general cir-

culation a notice that the information referred to in sub-

paragraph (A) is available for inspection.

‘‘(c) W

AIVERS OF

EQUIREMENTS

.—A requirement—

‘‘(1) under subsection (a)(1) may be waived if the budget

process required under the applicable State or local law or

charter provisions—

‘‘(A) ensures the opportunity for public attendance and

participation contemplated by subsection (a); and

‘‘(B) includes a hearing on the proposed use of a pay-

ment received under this chapter in relation to the entire

budget of the government; and

‘‘(2) under subsection (b)(1)(B) and paragraph (2)(B) may

be waived if the cost of publishing the information would be

unreasonably burdensome in relation to the amount allocated

to the government from amounts available for payment under

this chapter, or if publication is otherwise impracticable.

‘‘(d) E

XCEPTION TO

10-D

IMITATION

.—If the Secretary is sat-

isfied that a unit of general local government will provide adequate

notice of the proposed use of a payment received under this chap-

ter, the 10-day period under subsection (b)(1) may be changed to

the extent necessary to comply with applicable State or local law.

‘‘§ 6711. Prohibited discrimination

‘‘(a) G

ENERAL

ROHIBITION

.—No person in the United States

shall be excluded from participating in, be denied the benefits of,

or be subject to discrimination under, a program or activity of a

unit of general local government because of race, color, national ori-

gin, or sex if the government receives a payment under this chap-

ter.

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78 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(b) A

DDITIONAL

ROHIBITIONS

.—The following prohibitions

and exemptions also apply to a program or activity of a unit of gen-

eral local government if the government receives a payment under

this chapter:

‘‘(1) A prohibition against discrimination because of age

under the Age Discrimination Act of 1975.

‘‘(2) A prohibition against discrimination against an other-

wise qualified handicapped individual under section 504 of the

Rehabilitation Act of 1973.

‘‘(3) A prohibition against discrimination because of reli-

gion, or an exemption from that prohibition, under the Civil

Rights Act of 1964 or title VIII of the Act of April 11, 1968

(popularly known as the Civil Rights Act of 1968).

‘‘(c) L

IMITATIONS ON

PPLICABILITY OF

ROHIBITIONS

.—Sub-

sections (a) and (b) do not apply if the government shows, by clear

and convincing evidence, that a payment received under this chap-

ter is not used to pay for any part of the program or activity with

respect to which the allegation of discrimination is made.

‘‘(d) I

NVESTIGATION

GREEMENTS

.—The Secretary shall try to

make agreements with heads of agencies of the United States Gov-

ernment and State agencies to investigate noncompliance with this

section. An agreement shall—

‘‘(1) describe the cooperative efforts to be taken (including

sharing civil rights enforcement personnel and resources) to

obtain compliance with this section; and

‘‘(2) provide for notifying immediately the Secretary of ac-

tions brought by the United States Government or State agen-

cies against a unit of general local government alleging a viola-

tion of a civil rights law or a regulation prescribed under a

civil rights law.

‘‘§ 6712. Discrimination proceedings

‘‘(a) N

OTICE OF

ONCOMPLIANCE

.—By the 10th day after the

Secretary makes a finding of discrimination or receives a holding

of discrimination about a unit of general local government, the Sec-

retary shall submit a notice of noncompliance to the government.

The notice shall state the basis of the finding or holding.

‘‘(b) I

NFORMAL

RESENTATION OF

VIDENCE

.—A unit of general

local government may present evidence informally to the Secretary

within 30 days after the government receives a notice of noncompli-

ance from the Secretary. Except as provided in subsection (e), the

government may present evidence on whether—

‘‘(1) a person in the United States has been excluded or de-

nied benefits of, or discriminated against under, the program

or activity of the government, in violation of section 6711(a);

‘‘(2) the program or activity of the government violated a

prohibition described in section 6711(b); and

‘‘(3) any part of that program or activity has been paid for

with a payment received under this chapter.

‘‘(c) T

EMPORARY

USPENSION OF

AYMENTS

.—By the end of the

30-day period under subsection (b), the Secretary shall decide

whether the unit of general local government has not complied

with section 6711 (a) or (b), unless the government has entered into

a compliance agreement under section 6714. If the Secretary de-

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79 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

cides that the government has not complied, the Secretary shall no-

tify the government of the decision and shall suspend payments to

the government under this chapter unless, within 10 days after the

government receives notice of the decision, the government—

‘‘(1) enters into a compliance agreement under section

6714; or

‘‘(2) requests a proceeding under subsection (d)(1).

‘‘(d) A

DMINISTRATIVE

EVIEW OF

USPENSIONS

.—

‘‘(1) P

ROCEEDING

.—A proceeding requested under sub-

section (c)(2) shall begin by the 30th day after the Secretary

receives a request for the proceeding. The proceeding shall be

before an administrative law judge appointed under section

3105 of title 5, United States Code. By the 30th day after the

beginning of the proceeding, the judge shall issue a prelimi-

nary decision based on the record at the time on whether the

unit of general local government is likely to prevail in showing

compliance with section 6711 (a) or (b).

‘‘(2) D

ECISION

.—If the administrative law judge decides at

the end of a proceeding under paragraph (1) that the unit of

general local government has—

‘‘(A) not complied with section 6711 (a) or (b), the

judge may order payments to the government under this

chapter terminated; or

‘‘(B) complied with section 6711 (a) or (b), a suspension

under section 6713(a)(1)(A) shall be discontinued promptly.

‘‘(3) L

IKELIHOOD OF PREVAILING

.—An administrative law

judge may not issue a preliminary decision that the govern-

ment is not likely to prevail if the judge has issued a decision

described in paragraph (2)(A).

‘‘(e) B

ASIS FOR

EVIEW

.—In a proceeding under subsections (b)

through (d) on a program or activity of a unit of general local gov-

ernment about which a holding of discrimination has been made,

the Secretary or administrative law judge may consider only

whether a payment under this chapter was used to pay for any

part of the program or activity. The holding of discrimination is

conclusive. If the holding is reversed by an appellate court, the Sec-

retary or judge shall end the proceeding.

‘‘§ 6713. Suspension and termination of payments in dis-

crimination proceedings

‘‘(a) I

MPOSITION AND

ONTINUATION OF

USPENSIONS

.—

‘‘(1) I

N GENERAL

.—The Secretary shall suspend payment

under this chapter to a unit of general local government—

‘‘(A) if an administrative law judge appointed under

section 3105 of title 5, United States Code, issues a pre-

liminary decision in a proceeding under section 6712(d)(1)

that the government is not likely to prevail in showing

compliance with section 6711 (a) and (b);

‘‘(B) if the administrative law judge decides at the end

of the proceeding that the government has not complied

with section 6711 (a) or (b), unless the government makes

a compliance agreement under section 6714 by the 30th

day after the decision; or

‘‘(C) if required under section 6712(c).

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‘‘(2) E

FFECTIVENESS

.—A suspension already ordered under

paragraph (1)(A) continues in effect if the administrative law

judge makes a decision under paragraph (1)(B).

‘‘(b) L

IFTING OF

USPENSIONS AND

ERMINATIONS

.—If a holding

of discrimination is reversed by an appellate court, a suspension or

termination of payments in a proceeding based on the holding shall

be discontinued.

‘‘(c) R

ESUMPTION OF

AYMENTS

PON

TTAINING

OMPLI

ANCE

.—The Secretary may resume payment to a unit of general

local government of payments suspended by the Secretary only—

‘‘(1) as of the time of, and under the conditions stated in—

‘‘(A) the approval by the Secretary of a compliance

agreement under section 6714(a)(1); or

‘‘(B) a compliance agreement entered into by the Sec-

retary under section 6714(a)(2);

‘‘(2) if the government complies completely with an order

of a United States court, a State court, or administrative law

judge that covers all matters raised in a notice of noncompli-

ance submitted by the Secretary under section 6712(a);

‘‘(3) if a United States court, a State court, or an adminis-

trative law judge decides (including a judge in a proceeding

under section 6712(d)(1)), that the government has complied

with sections 6711 (a) and (b); or

‘‘(4) if a suspension is discontinued under subsection (b).

‘‘(d) P

AYMENT OF

AMAGES AS

OMPLIANCE

.—For purposes of

subsection (c)(2), compliance by a government may consist of the

payment of restitution to a person injured because the government

did not comply with section 6711 (a) or (b).

‘‘(e) R

ESUMPTION OF

AYMENTS

PON

EVERSAL BY

OURT

.—

The Secretary may resume payment to a unit of general local gov-

ernment of payments terminated under section 6712(d)(2)(A) only

if the decision resulting in the termination is reversed by an appel-

late court.

‘‘§ 6714. Compliance agreements

‘‘(a) T

YPES OF

OMPLIANCE

GREEMENTS

.—A compliance agree-

ment is an agreement—

‘‘(1) approved by the Secretary, between the governmental

authority responsible for prosecuting a claim or complaint that

is the basis of a holding of discrimination and the chief execu-

tive officer of the unit of general local government that has not

complied with section 6711 (a) or (b); or

‘‘(2) between the Secretary and the chief executive officer.

‘‘(b) C

ONTENTS OF

GREEMENTS

.—A compliance agreement—

‘‘(1) shall state the conditions the unit of general local gov-

ernment has agreed to comply with that would satisfy the obli-

gations of the government under sections 6711 (a) and (b);

‘‘(2) shall cover each matter that has been found not to

comply, or would not comply, with section 6711 (a) or (b); and

‘‘(3) may be a series of agreements that dispose of those

matters.

‘‘(c) A

VAILABILITY OF

GREEMENTS TO

ARTIES

.—The Secretary

shall submit a copy of a compliance agreement to each person who

filed a complaint referred to in section 6716(b), or, if an agreement

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81 Sec. 31001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

under subsection (a)(1), each person who filed a complaint with a

governmental authority, about a failure to comply with section

6711 (a) or (b). The Secretary shall submit the copy by the 15th

day after an agreement is made. However, if the Secretary ap-

proves an agreement under subsection (a)(1) after the agreement is

made, the Secretary may submit the copy by the 15th day after ap-

proval of the agreement.

‘‘§ 6715. Enforcement by the Attorney General of prohibi-

tions on discrimination

‘‘The Attorney General may bring a civil action in an appro-

priate district court of the United States against a unit of general

local government that the Attorney General has reason to believe

has engaged or is engaging in a pattern or practice in violation of

section 6711 (a) or (b). The court may grant—

‘‘(1) a temporary restraining order;

‘‘(2) an injunction; or

‘‘(3) an appropriate order to ensure enjoyment of rights

under section 6711 (a) or (b), including an order suspending,

terminating, or requiring repayment of, payments under this

chapter or placing additional payments under this chapter in

escrow pending the outcome of the action.

‘‘§ 6716. Civil action by a person adversely affected

‘‘(a) A

UTHORITY FOR

RIVATE

UITS IN

EDERAL OR

TATE

OURT

.—If a unit of general local government, or an officer or em-

ployee of a unit of general local government acting in an official ca-

pacity, engages in a practice prohibited by this chapter, a person

adversely affected by the practice may bring a civil action in an ap-

propriate district court of the United States or a State court of gen-

eral jurisdiction. Before bringing an action under this section, the

person must exhaust administrative remedies under subsection (b).

‘‘(b) A

DMINISTRATIVE

EMEDIES

EQUIRED

HAUSTED

.—A person adversely affected shall file an administrative

complaint with the Secretary or the head of another agency of the

United States Government or the State agency with which the Sec-

retary has an agreement under section 6711(d). Administrative

remedies are deemed to be exhausted by the person after the 90th

day after the complaint was filed if the Secretary, the head of the

Government agency, or the State agency—

‘‘(1) issues a decision that the government has not failed

to comply with this chapter; or

‘‘(2) does not issue a decision on the complaint.

‘‘(c) A

UTHORITY OF

OURT

.—In an action under this section, the

court—

‘‘(1) may grant—

‘‘(A) a temporary restraining order;

‘‘(B) an injunction; or

‘‘(C) another order, including suspension, termination,

or repayment of, payments under this chapter or place-

ment of additional payments under this chapter in escrow

pending the outcome of the action; and

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‘‘(2) to enforce compliance with section 6711 (a) or (b), may

allow a prevailing party (except the United States Govern-

ment) a reasonable attorney’s fee.

‘‘(d) I

NTERVENTION BY

TTORNEY

ENERAL

.—In an action

under this section to enforce compliance with section 6711 (a) or

(b), the Attorney General may intervene in the action if the Attor-

ney General certifies that the action is of general public impor-

tance. The United States Government is entitled to the same relief

as if the Government had brought the action and is liable for the

same fees and costs as a private person.

‘‘§ 6717. Judicial review

‘‘(a) A

PPEALS IN

EDERAL

OURT OF

PPEALS

.—A unit of gen-

eral local government which receives notice from the Secretary

about withholding payments under section 6703(f), suspending pay-

ments under section 6713(a)(1)(B), or terminating payments under

section 6712(d)(2)(A), may apply for review of the action of the Sec-

retary by filing a petition for review with the court of appeals of

the United States for the circuit in which the government is lo-

cated. The petition shall be filed by the 60th day after the date the

notice is received. The clerk of the court shall immediately send a

copy of the petition to the Secretary.

‘‘(b) F

ILING OF

ECORD OF

DMINISTRATIVE

ROCEEDING

.—The

Secretary shall file with the court a record of the proceeding on

which the Secretary based the action. The court may consider only

objections to the action of the Secretary that were presented before

the Secretary.

‘‘(c) C

OURT

CTION

.—The court may affirm, change, or set

aside any part of the action of the Secretary. The findings of fact

by the Secretary are conclusive if supported by substantial evi-

dence in the record. If a finding is not supported by substantial evi-

dence in the record, the court may remand the case to the Sec-

retary to take additional evidence. Upon such a remand, the Sec-

retary may make new or modified findings and shall certify addi-

tional proceedings to the court.

‘‘(d) R

EVIEW

NLY BY

UPREME

OURT

.—A judgment of a court

under this section may be reviewed only by the Supreme Court

under section 1254 of title 28, United States Code.

‘‘§ 6718. Investigations and reviews

‘‘(a) I

NVESTIGATIONS BY

ECRETARY

.—

‘‘(1) I

N GENERAL

.—The Secretary shall within a reasonable

time limit—

‘‘(A) carry out an investigation and make a finding

after receiving a complaint referred to in section 6716(b),

a determination by a State or local administrative agency,

or other information about a possible violation of this

chapter;

‘‘(B) carry out audits and reviews (including investiga-

tions of allegations) about possible violations of this chap-

ter; and

‘‘(C) advise a complainant of the status of an audit, in-

vestigation, or review of an allegation by the complainant

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of a violation of section 6711 (a) or (b) or other provision

of this chapter.

‘‘(2) T

IME LIMIT

.—The maximum time limit under para-

graph (1)(A) is 120 days.

‘‘(b) R

EVIEWS BY

OMPTROLLER

ENERAL

.—The Comptroller

General of the United States shall carry out reviews of the activi-

ties of the Secretary, State governments, and units of general local

government necessary for the Congress to evaluate compliance and

operations under this chapter. These reviews shall include a com-

parison of the waste and inefficiency of local governments using

funds under this chapter compared to waste and inefficiency with

other comparable Federal programs.

‘‘§ 6719. Reports

‘‘(a) R

EPORTS BY

ECRETARY TO

ONGRESS

.—Before June 2 of

each year prior to 2002, the Secretary personally shall report to the

Congress on—

‘‘(1) the status and operation of the Local Government Fis-

cal Assistance Fund during the prior fiscal year; and

‘‘(2) the administration of this chapter, including a com-

plete and detailed analysis of—

‘‘(A) actions taken to comply with sections 6711

through 6715, including a description of the kind and ex-

tent of noncompliance and the status of pending com-

plaints;

‘‘(B) the extent to which units of general local govern-

ment receiving payments under this chapter have complied

with the requirements of this chapter;

‘‘(C) the way in which payments under this chapter

have been distributed in the jurisdictions receiving pay-

ments; and

‘‘(D) significant problems in carrying out this chapter

and recommendations for legislation to remedy the prob-

lems.

‘‘(b) R

EPORTS BY

NITS OF

ENERAL

OCAL

OVERNMENT TO

ECRETARY

.—

‘‘(1) I

N GENERAL

.—At the end of each fiscal year, each unit

of general local government which received a payment under

this chapter for the fiscal year shall submit a report to the Sec-

retary. The report shall be submitted in the form and at a time

prescribed by the Secretary and shall be available to the public

for inspection. The report shall state—

‘‘(A) the amounts and purposes for which the payment

has been appropriated, expended, or obligated in the fiscal

year;

‘‘(B) the relationship of the payment to the relevant

functional items in the budget of the government; and

‘‘(C) the differences between the actual and proposed

use of the payment.

‘‘(2) A

VAILABILITY OF REPORT

.—The Secretary shall provide

a copy of a report submitted under paragraph (1) by a unit of

general local government to the chief executive officer of the

State in which the government is located. The Secretary shall

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provide the report in the manner and form prescribed by the

Secretary.

‘‘§ 6720. Definitions, application, and administration

‘‘(a) D

EFINITIONS

.—In this chapter—

‘‘(1) ‘unit of general local government’ means—

‘‘(A) a county, township, city, or political subdivision of

a county, township, or city, that is a unit of general local

government as determined by the Secretary of Commerce

for general statistical purposes; and

‘‘(B) the District of Columbia and the recognized gov-

erning body of an Indian tribe or Alaskan Native village

that carries out substantial governmental duties and pow-

ers;

‘‘(2) ‘payment period’ means each 1-year period beginning

on October 1 of the years 1994 through 2000;

‘‘(3) ‘State and local taxes’ means taxes imposed by a State

government or unit of general local government or other polit-

ical subdivision of a State government for public purposes (ex-

cept employee and employer assessments and contributions to

finance retirement and social insurance systems and other spe-

cial assessments for capital outlay) as determined by the Sec-

retary of Commerce for general statistical purposes;

‘‘(4) ‘State’ means any of the several States and the Dis-

trict of Columbia;

‘‘(5) ‘income’ means the total money income received from

all sources as determined by the Secretary of Commerce for

general statistical purposes, which for units of general local

government is reported by the Bureau of the Census for 1990

in the publication Summary Social, Economic, and Housing

Characteristics;

‘‘(6) ‘per capita income’ means—

‘‘(A) in the case of the United States, the income of the

United States divided by the population of the United

States;

‘‘(B) in the case of a State, the income of that State,

divided by the population of that State; and

‘‘(C) in the case of a unit of general local government,

the income of that unit of general local government divided

by the population of the unit of general local government;

‘‘(7) ‘finding of discrimination’ means a decision by the Sec-

retary about a complaint described in section 6716(b), a deci-

sion by a State or local administrative agency, or other infor-

mation (under regulations prescribed by the Secretary) that it

is more likely than not that a unit of general local government

has not complied with section 6711 (a) or (b);

‘‘(8) ‘holding of discrimination’ means a holding by a

United States court, a State court, or an administrative law

judge appointed under section 3105 of title 5, United States

Code, that a unit of general local government expending

amounts received under this chapter has—

‘‘(A) excluded a person in the United States from par-

ticipating in, denied the person the benefits of, or sub-

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85 Sec. 31101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

jected the person to discrimination under, a program or ac-

tivity because of race, color, national origin, or sex; or

‘‘(B) violated a prohibition against discrimination de-

scribed in section 6711(b); and

‘‘(9) ‘Secretary’ means the Secretary of Housing and Urban

Development.

‘‘(b) D

ELEGATION OF

DMINISTRATION

.—The Secretary may

enter into agreements with other executive branch departments

and agencies to delegate to that department or agency all or part

of the Secretary’s responsibility for administering this chapter.

‘‘(c) T

REATMENT OF

UBSUMED

REAS

.—If the entire geographic

area of a unit of general local government is located in a larger en-

tity, the unit of general local government is deemed to be located

in the larger entity. If only part of the geographic area of a unit

is located in a larger entity, each part is deemed to be located in

the larger entity and to be a separate unit of general local govern-

ment in determining allocations under this chapter. Except as pro-

vided in regulations prescribed by the Secretary, the Secretary

shall make all data computations based on the ratio of the esti-

mated population of the part to the population of the entire unit

of general local government.

‘‘(d) B

OUNDARY AND

THER

HANGES

.—If a boundary line

change, a State statutory or constitutional change, annexation, a

governmental reorganization, or other circumstance results in the

application of sections 6704 through 6708 in a way that does not

carry out the purposes of sections 6701 through 6708, the Secretary

shall apply sections 6701 through 6708 under regulations of the

Secretary in a way that is consistent with those purposes.’’.

(b) ø31 U.S.C. 6701 note¿ I

SSUANCE OF

EGULATIONS

.—Within

90 days of the date of enactment of this Act the Secretary shall

issue regulations, which may be interim regulations, to implement

subsection (a), modifying the regulations for carrying into effect the

Revenue Sharing Act that were in effect as of July 1, 1987, and

that were published in 31 C.F.R. part 51. The Secretary need not

hold a public hearing before issuing these regulations.

EFICIT

EUTRALITY

.—Any appro-

priation to carry out the amendment made by this subtitle to title

31, United States Code, for fiscal year 1995 or 1996 shall be offset

by cuts elsewhere in appropriations for that fiscal year.

SEC. 31002. TECHNICAL AMENDMENT.

The table of chapters at the beginning of subtitle V of title 31,

United States Code, is amended by adding after the item relating

to chapter 65 the following:

‘‘67. Federal payments ........................................................................................... 6701’’.

Subtitle K—National Community Economic

Partnership

SEC. 31101. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘National Community Eco-

nomic Partnership Act of 1994’’.

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86 Sec. 31111 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP

INVESTMENT FUNDS

SEC. 31111. ø34 U.S.C. 12181¿ PURPOSE.

It is the purpose of this chapter to increase private investment

in distressed local communities and to build and expand the capac-

ity of local institutions to better serve the economic needs of local

residents through the provision of financial and technical assist-

ance to community development corporations.

SEC. 31112. ø34 U.S.C. 12182¿ PROVISION OF ASSISTANCE.

(a) A

UTHORITY

.—The Secretary of Health and Human Services

(referred to in this subtitle as the ‘‘Secretary’’) may, in accordance

with this chapter, provide nonrefundable lines of credit to commu-

nity development corporations for the establishment, maintenance

or expansion of revolving loan funds to be utilized to finance

projects intended to provide business and employment opportuni-

ties for low-income, unemployed, or underemployed individuals and

to improve the quality of life in urban and rural areas.

(b) R

EVOLVING

OAN

UNDS

.—

(1) C

OMPETITIVE ASSESSMENT OF APPLICATIONS

.—In pro-

viding assistance under subsection (a), the Secretary shall es-

tablish and implement a competitive process for the solicitation

and consideration of applications from eligible entities for lines

of credit for the capitalization of revolving funds.

(2) E

LIGIBLE ENTITIES

.—To be eligible to receive a line of

credit under this chapter an applicant shall—

(A) be a community development corporation;

(B) prepare and submit an application to the Secretary

that shall include a strategic investment plan that identi-

fies and describes the economic characteristics of the tar-

get area to be served, the types of business to be assisted

and the impact of such assistance on low-income, under-

employed, and unemployed individuals in the target area;

ment of low-income housing or community or business de-

velopment projects in a low-income community and provide

a record of achievement with respect to such projects; and

(D) have secured one or more commitments from local

sources for contributions (either in cash or in kind, letters

of credit or letters of commitment) in an amount that is at

least equal to the amount requested in the application sub-

mitted under subparagraph (B).

(3) E

XCEPTION

.—Notwithstanding the provisions of para-

graph (2)(D), the Secretary may reduce local contributions to

not less than 25 percent of the amount of the line of credit re-

quested by the community development corporation if the Sec-

retary determines such to be appropriate in accordance with

section 31116.

SEC. 31113. ø34 U.S.C. 12183¿ APPROVAL OF APPLICATIONS.

(a) I

ENERAL

.—In evaluating applications submitted under

section 31112(b)(2)(B), the Secretary shall ensure that—

(1) the residents of the target area to be served (as identi-

fied under the strategic development plan) would have an in-

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87 Sec. 31113 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

For version of law for section 31113(a)(4)(C) as amended by section 512(jj) of Public Law

113–128, see note below.

come that is less than the median income for the area (as de-

termined by the Secretary);

(2) the applicant community development corporation pos-

sesses the technical and managerial capability necessary to ad-

minister a revolving loan fund and has past experience in the

development and management of housing, community and eco-

nomic development programs;

(3) the applicant community development corporation has

provided sufficient evidence of the existence of good working

relationships with—

(A) local businesses and financial institutions, as well

as with the community the corporation proposes to serve;

and

(B) local and regional job training programs;

(4) the applicant community development corporation will

target job opportunities that arise from revolving loan fund in-

vestments under this chapter so that 75 percent of the jobs re-

tained or created under such investments are provided to—

(A) individuals with—

(i) incomes that do not exceed the Federal poverty

line; or

(ii) incomes that do not exceed 80 percent of the

median income of the area;

(B) individuals who are unemployed or under-

employed;

pated in

job training programs authorized under title I of

the Workforce Investment Act of 1998 or the Family Sup-

port Act of 1988 (Public Law 100–485);

øNote: Effective on July 1, 2015, section 512(jj) of Public Law 113–

128 amends section 31113(a)(4)(C) to read as follows:¿

pated in job training programs authorized under title I of

the Workforce Innovation and Opportunity Act or the Fam-

ily Support Act of 1988 (Public Law 100–485);

(D) individuals whose jobs may be retained as a result

of the provision of financing available under this chapter;

(E) individuals who have historically been underrep-

resented in the local economy; and

(5) a representative cross section of applicants are ap-

proved, including large and small community development cor-

porations, urban and rural community development corpora-

tions and community development corporations representing

diverse populations.

(b) P

RIORITY

.—In determining which application to approve

under this chapter the Secretary shall give priority to those appli-

cants proposing to serve a target area—

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88 Sec. 31114 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) with a median income that does not exceed 80 percent

of the median for the area (as determined by the Secretary);

and

(2) with a high rate of unemployment, as determined by

the Secretary or in which the population loss is at least 7 per-

cent from April 1, 1980, to April 1, 1990, as reported by the

Bureau of the Census.

SEC. 31114. ø34 U.S.C. 12184¿ AVAILABILITY OF LINES OF CREDIT AND

USE.

(a) A

PPROVAL OF

PPLICATION

.—The Secretary shall provide a

community development corporation that has an application ap-

proved under section 31113 with a line of credit in an amount de-

termined appropriate by the Secretary, subject to the limitations

contained in subsection (b).

(b) L

IMITATIONS ON

VAILABILITY OF

MOUNTS

.—

(1) M

AXIMUM AMOUNT

.—The Secretary shall not provide in

excess of $2,000,000 in lines of credit under this chapter to a

single applicant.

(2) P

ERIOD OF AVAILABILITY

.—A line of credit provided

under this chapter shall remain available over a period of time

established by the Secretary, but in no event shall any such

period of time be in excess of 3 years from the date on which

such line of credit is made available.

(3) E

XCEPTION

.—Notwithstanding paragraphs (1) and (2),

if a recipient of a line of credit under this chapter has made

full and productive use of such line of credit, can demonstrate

the need and demand for additional assistance, and can meet

the requirements of section 31112(b)(2), the amount of such

line of credit may be increased by not more than $1,500,000.

MOUNTS

RAWN

ROM

INE OF

REDIT

.—Amounts drawn

from each line of credit under this chapter shall be used solely for

the purposes described in section 31111 and shall only be drawn

down as needed to provide loans, investments, or to defray admin-

istrative costs related to the establishment of a revolving loan fund.

(d) U

SE OF

EVOLVING

OAN

UNDS

.—Revolving loan funds es-

tablished with lines of credit provided under this chapter may be

used to provide technical assistance to private business enterprises

and to provide financial assistance in the form of loans, loan guar-

antees, interest reduction assistance, equity shares, and other such

forms of assistance to business enterprises in target areas and who

are in compliance with section 31113(a)(4).

SEC. 31115. ø34 U.S.C. 12185¿ LIMITATIONS ON USE OF FUNDS.

(a) M

ATCHING

EQUIREMENT

.—Not to exceed 50 percent of the

total amount to be invested by an entity under this chapter may

be derived from funds made available from a line of credit under

this chapter.

(b) T

ECHNICAL

SSISTANCE AND

DMINISTRATION

.—Not to ex-

ceed 10 percent of the amounts available from a line of credit

under this chapter shall be used for the provision of training or

technical assistance and for the planning, development, and man-

agement of economic development projects. Community develop-

ment corporations shall be encouraged by the Secretary to seek

technical assistance from other community development corpora-

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89 Sec. 31121 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tions, with expertise in the planning, development and manage-

ment of economic development projects. The Secretary shall assist

in the identification and facilitation of such technical assistance.

OCAL AND

RIVATE

ECTOR

ONTRIBUTIONS

.—To receive

funds available under a line of credit provided under this chapter,

an entity, using procedures established by the Secretary, shall

demonstrate to the community development corporation that such

entity agrees to provide local and private sector contributions in ac-

cordance with section 31112(b)(2)(D), will participate with such

community development corporation in a loan, guarantee or invest-

ment program for a designated business enterprise, and that the

total financial commitment to be provided by such entity is at least

equal to the amount to be drawn from the line of credit.

(d) U

SE OF

ROCEEDS

ROM

NVESTMENTS

.—Proceeds derived

from investments made using funds made available under this

chapter may be used only for the purposes described in section

31111 and shall be reinvested in the community in which they

were generated.

SEC. 31116. ø34 U.S.C. 12186¿ PROGRAM PRIORITY FOR SPECIAL EM-

PHASIS PROGRAMS.

(a) I

ENERAL

.—The Secretary shall give priority in providing

lines of credit under this chapter to community development cor-

porations that propose to undertake economic development activi-

ties in distressed communities that target women, Native Ameri-

cans, at risk youth, farmworkers, population-losing communities,

very low-income communities, single mothers, veterans, and refu-

gees; or that expand employee ownership of private enterprises and

small businesses, and to programs providing loans of not more than

$35,000 to very small business enterprises.

(b) R

ESERVATION OF

UNDS

.—Not less than 5 percent of the

amounts made available under section 31112(a)(2)(A) may be re-

served to carry out the activities described in subsection (a).

CHAPTER 2—EMERGING COMMUNITY DEVELOPMENT

CORPORATIONS

SEC. 31121. ø34 U.S.C. 12201¿ COMMUNITY DEVELOPMENT CORPORA-

TION IMPROVEMENT GRANTS.

(a) P

URPOSE

.—It is the purpose of this section to provide as-

sistance to community development corporations to upgrade the

management and operating capacity of such corporations and to en-

hance the resources available to enable such corporations to in-

crease their community economic development activities.

(b) S

KILL

NHANCEMENT

RANTS

.—

(1) I

N GENERAL

.—The Secretary shall award grants to com-

munity development corporations to enable such corporations

to attain or enhance the business management and develop-

ment skills of the individuals that manage such corporations to

enable such corporations to seek the public and private re-

sources necessary to develop community economic development

projects.

(2) U

SE OF FUNDS

.—A recipient of a grant under para-

graph (1) may use amounts received under such grant—

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90 Sec. 31122 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) to acquire training and technical assistance from

agencies or institutions that have extensive experience in

the development and management of low-income commu-

nity economic development projects; or

(B) to acquire such assistance from other highly suc-

cessful community development corporations.

PERATING

RANTS

.—

(1) I

N GENERAL

.—The Secretary shall award grants to com-

munity development corporations to enable such corporations

to support an administrative capacity for the planning, devel-

opment, and management of low-income community economic

development projects.

(2) U

SE OF FUNDS

.—A recipient of a grant under para-

graph (1) may use amounts received under such grant—

(A) to conduct evaluations of the feasibility of potential

low-income community economic development projects that

address identified needs in the low-income community and

that conform to those projects and activities permitted

under subtitle A;

(B) to develop a business plan related to such a poten-

tial project; or

planned low-income community economic development

project or strategy.

(d) A

PPLICATIONS

.—A community development corporation that

desires to receive a grant under this section shall prepare and sub-

mit to the Secretary an application at such time, in such manner,

and containing such information as the Secretary may require.

(e) A

MOUNT

VAILABLE FOR A

OMMUNITY

EVELOPMENT

PORATION

.—Amounts provided under this section to a community

development corporation shall not exceed $75,000 per year. Such

corporations may apply for grants under this section for up to 3

consecutive years, except that such corporations shall be required

to submit a new application for each grant for which such corpora-

tion desires to receive and compete on the basis of such applica-

tions in the selection process.

SEC. 31122. ø34 U.S.C. 12202¿ EMERGING COMMUNITY DEVELOPMENT

CORPORATION REVOLVING LOAN FUNDS.

(a) A

UTHORITY

.—The Secretary may award grants to emerging

community development corporations to enable such corporations

to establish, maintain or expand revolving loan funds, to make or

guarantee loans, or to make capital investments in new or expand-

ing local businesses.

(b) E

LIGIBILITY

.—To be eligible to receive a grant under sub-

section (a), an entity shall—

(1) be a community development corporation;

(2) have completed not less than one nor more than two

community economic development projects or related projects

that improve or provide job and employment opportunities to

low-income individuals;

(3) prepare and submit to the Secretary an application at

such time, in such manner, and containing such information as

the Secretary may require, including a strategic investment

plan that identifies and describes the economic characteristics

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91 Sec. 31131 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

of the target area to be served, the types of business to be as-

sisted using amounts received under the grant and the impact

of such assistance on low-income individuals; and

(4) have secured one or more commitments from local

sources for contributions (either in cash or in kind, letters of

credit, or letters of commitment) in an amount that is equal to

at least 10 percent of the amounts requested in the application

submitted under paragraph (2).

SE OF THE

EVOLVING

OAN

UND

.—

(1) I

N GENERAL

.—A revolving loan fund established or

maintained with amounts received under this section may be

utilized to provide financial and technical assistance, loans,

loan guarantees or investments to private business enterprises

to—

(A) finance projects intended to provide business and

employment opportunities for low-income individuals and

to improve the quality of life in urban and rural areas; and

(B) build and expand the capacity of emerging commu-

nity development corporations and serve the economic

needs of local residents.

(2) T

ECHNICAL ASSISTANCE

.—The Secretary shall encour-

age emerging community development corporations that re-

ceive grants under this section to seek technical assistance

from established community development corporations, with

expertise in the planning, development and management of

economic development projects and shall facilitate the receipt

of such assistance.

(3) L

IMITATION

.—Not to exceed 10 percent of the amounts

received under this section by a grantee shall be used for train-

ing, technical assistance and administrative purposes.

(d) U

SE OF

ROCEEDS

ROM

NVESTMENTS

.—Proceeds derived

from investments made with amounts provided under this section

may be utilized only for the purposes described in this subtitle and

shall be reinvested in the community in which they were gen-

erated.

(e) A

MOUNTS

VAILABLE

.—Amounts provided under this sec-

tion to a community development corporation shall not exceed

$500,000 per year.

CHAPTER 3—MISCELLANEOUS PROVISIONS

SEC. 31131. ø34 U.S.C. 12211¿ DEFINITIONS.

As used in this subtitle:

(1) C

OMMUNITY DEVELOPMENT CORPORATION

.—The term

‘‘community development corporation’’ means a private, non-

profit corporation whose board of directors is comprised of busi-

ness, civic and community leaders, and whose principal pur-

pose includes the provision of low-income housing or commu-

nity economic development projects that primarily benefit low-

income individuals and communities.

(2) L

OCAL AND PRIVATE SECTOR CONTRIBUTION

.—The term

‘‘local and private sector contribution’’ means the funds avail-

able at the local level (by private financial institutions, State

and local governments) or by any private philanthropic organi-

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92 Sec. 31132 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

zation and private, nonprofit organizations that will be com-

mitted and used solely for the purpose of financing private

business enterprises in conjunction with amounts provided

under this subtitle.

(3) P

OPULATION

LOSING COMMUNITY

.—The term ‘‘popu-

lation-losing community’’ means any county in which the net

population loss is at least 7 percent from April 1, 1980 to April

1, 1990, as reported by the Bureau of the Census.

(4) P

RIVATE BUSINESS ENTERPRISE

.—The term ‘‘private

business enterprise’’ means any business enterprise that is en-

gaged in the manufacture of a product, provision of a service,

construction or development of a facility, or that is involved in

some other commercial, manufacturing or industrial activity,

and that agrees to target job opportunities stemming from in-

vestments authorized under this subtitle to certain individuals.

(5) T

ARGET AREA

.—The term ‘‘target area’’ means any area

defined in an application for assistance under this subtitle that

has a population whose income does not exceed the median for

the area within which the target area is located.

(6) V

ERY LOW

INCOME COMMUNITY

.—The term ‘‘very low-in-

come community’’ means a community in which the median in-

come of the residents of such community does not exceed 50

percent of the median income of the area.

SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated to

carry out chapters 1 and 2—

(1) $45,000,000 for fiscal year 1996;

(2) $72,000,000 for fiscal year 1997;

(3) $76,500,000 for fiscal year 1998; and

(4) $76,500,000 for fiscal year 1999.

(b) E

ARMARKS

.—Of the aggregate amount appropriated under

subsection (a) for each fiscal year—

(1) 60 percent shall be available to carry out chapter 1;

and

(2) 40 percent shall be available to carry out chapter 2.

MOUNTS

.—Amounts appropriated under subsection (a)

shall remain available for expenditure without fiscal year limita-

tion.

SEC. 31133. ø34 U.S.C. 12212¿ PROHIBITION.

None of the funds authorized under this subtitle shall be used

to finance the construction of housing.

Subtitle O—Urban Recreation and At-Risk

Youth

SEC. 31501. PURPOSE OF ASSISTANCE.

Section 1003 of the Urban Park and Recreation Recovery Act

of 1978 is amended by adding the following at the end: ‘‘It is fur-

ther the purpose of this title to improve recreation facilities and ex-

pand recreation services in urban areas with a high incidence of

crime and to help deter crime through the expansion of recreation

opportunities for at-risk youth. It is the further purpose of this sec-

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93 Sec. 31503 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tion to increase the security of urban parks and to promote collabo-

ration between local agencies involved in parks and recreation, law

enforcement, youth social services, and juvenile justice system.’’.

SEC. 31502. DEFINITIONS.

Section 1004 of the Urban Park and Recreation Recovery Act

of 1978 is amended by inserting the following new subsection after

subsection (c) and by redesignating subsections (d) through (j) as

(e) through (k), respectively:

‘‘(d) ‘at-risk youth recreation grants’ means—

‘‘(1) rehabilitation grants,

‘‘(2) innovation grants, or

‘‘(3) matching grants for continuing program support for

programs of demonstrated value or success in providing con-

structive alternatives to youth at risk for engaging in criminal

behavior, including grants for operating, or coordinating recre-

ation programs and services;

in neighborhoods and communities with a high prevalence of crime,

particularly violent crime or crime committed by youthful offend-

ers; in addition to the purposes specified in subsection (b), rehabili-

tation grants referred to in paragraph (1) of this subsection may be

used for the provision of lighting, emergency phones or other cap-

ital improvements which will improve the security of urban parks;’’.

SEC. 31503. CRITERIA FOR SELECTION.

Section 1005 of the Urban Park and Recreation Recovery Act

of 1978 is amended by striking ‘‘and’’ at the end of paragraph (6),

by striking the period at the end of paragraph (7) and inserting ‘‘;

and’’ and by adding the following at the end:

‘‘(8) in the case of at-risk youth recreation grants, the Sec-

retary shall give a priority to each of the following criteria:

‘‘(A) Programs which are targeted to youth who are at

the greatest risk of becoming involved in violence and

crime.

‘‘(B) Programs which teach important values and life

skills, including teamwork, respect, leadership, and self-es-

teem.

‘‘(C) Programs which offer tutoring, remedial edu-

cation, mentoring, and counseling in addition to recreation

opportunities.

‘‘(D) Programs which offer services during late night or

other nonschool hours.

‘‘(E) Programs which demonstrate collaboration be-

tween local park and recreation, juvenile justice, law en-

forcement, and youth social service agencies and non-

governmental entities, including the private sector and

community and nonprofit organizations.

‘‘(F) Programs which leverage public or private recre-

ation investments in the form of services, materials, or

cash.

‘‘(G) Programs which show the greatest potential of

being continued with non-Federal funds or which can serve

as models for other communities.’’.

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94 Sec. 31504 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.

Section 1007(b) of the Urban Park and Recreation Recovery

Act of 1978 is amended by adding the following at the end: ‘‘In

order to be eligible to receive ‘at-risk youth recreation grants’ a

local government shall amend its 5-year action program to incor-

porate the goal of reducing crime and juvenile delinquency and to

provide a description of the implementation strategies to achieve

this goal. The plan shall also address how the local government is

coordinating its recreation programs with crime prevention efforts

of law enforcement, juvenile corrections, and youth social service

agencies.’’.

SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

(a) P

ROGRAM

UPPORT

.—Section 1013 of the Urban Park and

Recreation Recovery Act of 1978 is amended by inserting ‘‘(a) I

ENERAL

.—’’ after ‘‘1013’’ and by adding the following new sub-

section at the end:

‘‘(b) P

ROGRAM

UPPORT

.—Not more than 25 percent of the

amounts made available under this title to any local government

may be used for program support.’’.

(b) E

XTENSION

.—Section 1003 of the Urban Park and Recre-

ation Recovery Act of 1978 is amended by striking ‘‘for a period of

five years’’ and by striking ‘‘short-term’’.

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this subtitle—

(1) $2,700,000 for fiscal year 1996;

(2) $450,000 for fiscal year 1997;

(3) $450,000 for fiscal year 1998;

(4) $450,000 for fiscal year 1999; and

(5) $450,000 for fiscal year 2000.

Subtitle Q—Community-Based Justice

Grants for Prosecutors

SEC. 31701. ø34 U.S.C. 12221¿ GRANT AUTHORIZATION.

(a) I

ENERAL

.—The Attorney General may make grants to

State, Indian tribal, or local prosecutors for the purpose of sup-

porting the creation or expansion of community-based justice pro-

grams.

(b) C

ONSULTATION

.—The Attorney General may consult with

the Ounce of Prevention Council in making grants under sub-

section (a).

SEC. 31702. ø34 U.S.C. 12222¿ USE OF FUNDS.

Grants made by the Attorney General under this section shall

be used—

(1) to fund programs that require the cooperation and co-

ordination of prosecutors, school officials, police, probation offi-

cers, youth and social service professionals, and community

members in the effort to reduce the incidence of, and increase

the successful identification and speed of prosecution of, young

violent offenders;

(2) to fund programs in which prosecutors focus on the of-

fender, not simply the specific offense, and impose individual-

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95 Sec. 31703 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ized sanctions, designed to deter that offender from further

antisocial conduct, and impose increasingly serious sanctions

on a young offender who continues to commit offenses;

(3) to fund programs that coordinate criminal justice re-

sources with educational, social service, and community re-

sources to develop and deliver violence prevention programs,

including mediation and other conflict resolution methods,

treatment, counseling, educational, and recreational programs

that create alternatives to criminal activity;

(4) in rural States (as defined in section 1501(b) of title I

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796bb(B)), to fund cooperative efforts between State

and local prosecutors, victim advocacy and assistance groups,

social and community service providers, and law enforcement

agencies to investigate and prosecute child abuse cases, treat

youthful victims of child abuse, and work in cooperation with

the community to develop education and prevention strategies

directed toward the issues with which such entities are con-

cerned; and

(5) by a State, unit of local government, or Indian tribe to

create and expand witness and victim protection programs to

prevent threats, intimidation, and retaliation against victims

of, and witnesses to, violent crimes.

SEC. 31703. ø34 U.S.C. 12223¿ APPLICATIONS.

(a) E

LIGIBILITY

.—In order to be eligible to receive a grant

under this part for any fiscal year, a State, Indian tribal, or local

prosecutor, in conjunction with the chief executive officer of the ju-

risdiction in which the program will be placed, shall submit an ap-

plication to the Attorney General in such form and containing such

information as the Attorney General may reasonably require.

(b) R

EQUIREMENTS

.—Each applicant shall include—

(1) a request for funds for the purposes described in sec-

tion 31702;

(2) a description of the communities to be served by the

grant, including the nature of the youth crime, youth violence,

and child abuse problems within such communities;

(3) assurances that Federal funds received under this part

shall be used to supplement, not supplant, non-Federal funds

that would otherwise be available for activities funded under

this section; and

(4) statistical information in such form and containing

such information that the Attorney General may require.

OMPREHENSIVE

LAN

.—Each applicant shall include a

comprehensive plan that shall contain—

(1) a description of the youth violence or child abuse crime

problem;

(2) an action plan outlining how the applicant will achieve

the purposes as described in section 31702;

(3) a description of the resources available in the commu-

nity to implement the plan together with a description of the

gaps in the plan that cannot be filled with existing resources;

and

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96 Sec. 31704 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(4) a description of how the requested grant will be used

to fill gaps.

SEC. 31704. ø34 U.S.C. 12224¿ ALLOCATION OF FUNDS; LIMITATIONS ON

GRANTS.

(a) A

DMINISTRATIVE

OST

IMITATION

.—The Attorney General

shall use not more than 5 percent of the funds available under this

program for the purposes of administration and technical assist-

ance.

(b) R

ENEWAL OF

RANTS

.—A grant under this part may be re-

newed for up to 2 additional years after the first fiscal year during

which the recipient receives its initial grant under this part, sub-

ject to the availability of funds, if—

(1) the Attorney General determines that the funds made

available to the recipient during the previous years were used

in a manner required under the approved application; and

(2) the Attorney General determines that an additional

grant is necessary to implement the community prosecution

program described in the comprehensive plan required by sec-

tion 31703.

SEC. 31705. ø34 U.S.C. 12225¿ AWARD OF GRANTS.

The Attorney General shall consider the following facts in

awarding grants:

(1) Demonstrated need and evidence of the ability to pro-

vide the services described in the plan required under section

31703.

(2) The Attorney General shall attempt, to the extent prac-

ticable, to achieve an equitable geographic distribution of grant

awards.

SEC. 31706. ø34 U.S.C. 12226¿ REPORTS.

(a) R

EPORT TO

TTORNEY

ENERAL

.—State and local prosecu-

tors that receive funds under this subtitle shall submit to the At-

torney General a report not later than March 1 of each year that

describes progress achieved in carrying out the plan described

under section 31703(c).

(b) R

EPORT TO

ONGRESS

.—The Attorney General shall submit

to the Congress a report by October 1 of each year in which grants

are made available under this subtitle which shall contain a de-

tailed statement regarding grant awards, activities of grant recipi-

ents, a compilation of statistical information submitted by appli-

cants, and an evaluation of programs established under this sub-

title.

SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $20,000,000 for each

of the fiscal years 2008 through 2012 to carry out this subtitle.

SEC. 31708. ø34 U.S.C. 12227¿ DEFINITIONS.

In this subtitle—

‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is

recognized as eligible for the special programs and services

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97 Sec. 31903 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

provided by the United States to Indians because of their sta-

tus as Indians.

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, and the United

States Virgin Islands.

‘‘young violent offenders’’ means individuals, ages 7

through 22, who have committed crimes of violence, weapons

offenses, drug distribution, hate crimes and civil rights viola-

tions, and offenses against personal property of another.

Subtitle S—Family Unity Demonstration

Project

SEC. 31901. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Family Unity Demonstration

Project Act’’.

SEC. 31902. ø34 U.S.C. 12241¿ PURPOSE.

The purpose of this subtitle is to evaluate the effectiveness of

certain demonstration projects in helping to—

(1) alleviate the harm to children and primary caretaker

parents caused by separation due to the incarceration of the

parents;

(2) reduce recidivism rates of prisoners by encouraging

strong and supportive family relationships; and

(3) explore the cost effectiveness of community correctional

facilities.

SEC. 31903. ø34 U.S.C. 12242¿ DEFINITIONS.

In this subtitle—

‘‘child’’ means a person who is less than 7 years of age.

‘‘community correctional facility’’ means a residential facil-

ity that—

(A) is used only for eligible offenders and their chil-

dren under 7 years of age;

(B) is not within the confines of a jail or prison;

their children; and

(D) provides to inmates and their children—

(i) a safe, stable, environment for children;

(ii) pediatric and adult medical care consistent

with medical standards for correctional facilities;

(iii) programs to improve the stability of the par-

ent-child relationship, including educating parents re-

garding—

(I) child development; and

(II) household management;

(iv) alcoholism and drug addiction treatment for

prisoners; and

(v) programs and support services to help in-

mates—

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98 Sec. 31904 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(I) to improve and maintain mental and phys-

ical health, including access to counseling;

(II) to obtain adequate housing upon release

from State incarceration;

(III) to obtain suitable education, employ-

ment, or training for employment; and

(IV) to obtain suitable child care.

‘‘eligible offender’’ means a primary caretaker parent

who—

(A) has been sentenced to a term of imprisonment of

not more than 7 years or is awaiting sentencing for a con-

viction punishable by such a term of imprisonment; and

(B) has not engaged in conduct that—

(i) knowingly resulted in death or serious bodily

injury;

(ii) is a felony for a crime of violence against a

person; or

(iii) constitutes child neglect or mental, physical,

or sexual abuse of a child.

‘‘primary caretaker parent’’ means—

(A) a parent who has consistently assumed responsi-

bility for the housing, health, and safety of a child prior to

incarceration; or

(B) a woman who has given birth to a child after or

while awaiting her sentencing hearing and who expresses

a willingness to assume responsibility for the housing,

health, and safety of that child,

a parent who, in the best interest of a child, has

arranged for the temporary care of the child in the

home of a relative or other responsible adult shall

not for that reason be excluded from the category

‘‘primary caretaker’’.

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.

(a) A

UTHORIZATION

.—There are authorized to be appropriated

to carry out this subtitle—

(1) $3,600,000 for fiscal year 1996;

(2) $3,600,000 for fiscal year 1997;

(3) $3,600,000 for fiscal year 1998;

(4) $3,600,000 for fiscal year 1999; and

(5) $5,400,000 for fiscal year 2000.

(b) A

VAILABILITY OF

PPROPRIATIONS

.—Of the amount appro-

priated under subsection (a) for any fiscal year—

(1) 90 percent shall be available to carry out chapter 1;

and

(2) 10 percent shall be available to carry out chapter 2.

CHAPTER 1—GRANTS TO STATES

SEC. 31911. ø34 U.S.C. 12251¿ AUTHORITY TO MAKE GRANTS.

(a) G

ENERAL

UTHORITY

.—The Attorney General may make

grants, on a competitive basis, to States to carry out in accordance

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99 Sec. 31911 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

with this subtitle family unity demonstration projects that enable

eligible offenders to live in community correctional facilities with

their children.

(b) P

REFERENCES

.—For the purpose of making grants under

subsection (a), the Attorney General shall give preference to a

State that includes in the application required by section 31912 as-

surances that if the State receives a grant—

(1) both the State corrections agency and the State health

and human services agency will participate substantially in,

and cooperate closely in all aspects of, the development and op-

eration of the family unity demonstration project for which

such a grant is requested;

(2) boards made up of community members, including resi-

dents, local businesses, corrections officials, former prisoners,

child development professionals, educators, and maternal and

child health professionals will be established to advise the

State regarding the operation of such project;

(3) the State has in effect a policy that provides for the

placement of all prisoners, whenever possible, in correctional

facilities for which they qualify that are located closest to their

respective family homes;

(4) unless the Attorney General determines that a longer

timeline is appropriate in a particular case, the State will im-

plement the project not later than 180 days after receiving a

grant under subsection (a) and will expend all of the grant dur-

ing a 1-year period;

(5) the State has the capacity to continue implementing a

community correctional facility beyond the funding period to

ensure the continuity of the work;

(6) unless the Attorney General determines that a dif-

ferent process for selecting participants in a project is desir-

able, the State will—

(A) give written notice to a prisoner, not later than 30

days after the State first receives a grant under subsection

(a) or 30 days after the prisoner is sentenced to a term of

imprisonment of not more than 7 years (whichever is

later), of the proposed or current operation of the project;

(B) accept at any time at which the project is in oper-

ation an application by a prisoner to participate in the

project if, at the time of application, the remainder of the

prisoner’s sentence exceeds 180 days;

which the State receives such applications; and

(D) not more than 50 days after reviewing such appli-

cations approve or disapprove the application; and

(7) for the purposes of selecting eligible offenders to par-

ticipate in such project, the State has authorized State courts

to sentence an eligible offender directly to a community correc-

tional facility, provided that the court gives assurances that

the offender would have otherwise served a term of imprison-

ment.

ELECTION OF

RANTEES

.—The Attorney General shall

make grants under subsection (a) on a competitive basis, based on

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100 Sec. 31912 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

such criteria as the Attorney General shall issue by rule and taking

into account the preferences described in subsection (b).

SEC. 31912. ø34 U.S.C. 12252¿ ELIGIBILITY TO RECEIVE GRANTS.

To be eligible to receive a grant under section 31911, a State

shall submit to the Attorney General an application at such time,

in such form, and containing such information as the Attorney

General reasonably may require by rule.

SEC. 31913. ø34 U.S.C. 12253¿ REPORT.

(a) I

ENERAL

.—A State that receives a grant under this title

shall, not later than 90 days after the 1-year period in which the

grant is required to be expended, submit a report to the Attorney

General regarding the family unity demonstration project for which

the grant was expended.

(b) C

ONTENTS

.—A report under subsection (a) shall—

(1) state the number of prisoners who submitted applica-

tions to participate in the project and the number of prisoners

who were placed in community correctional facilities;

(2) state, with respect to prisoners placed in the project,

the number of prisoners who are returned to that jurisdiction

and custody and the reasons for such return;

(3) describe the nature and scope of educational and train-

ing activities provided to prisoners participating in the project;

(4) state the number, and describe the scope of, contracts

made with public and nonprofit private community-based orga-

nizations to carry out such project; and

(5) evaluate the effectiveness of the project in accom-

plishing the purposes described in section 31902.

CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT

FOR FEDERAL PRISONERS

SEC. 31921. ø34 U.S.C. 12261¿ AUTHORITY OF THE ATTORNEY GENERAL.

(a) I

ENERAL

.—With the funds available to carry out this

subtitle for the benefit of Federal prisoners, the Attorney General,

acting through the Director of the Bureau of Prisons, shall select

eligible prisoners to live in community correctional facilities with

their children.

(b) G

ENERAL

ONTRACTING

UTHORITY

.—In implementing this

title, the Attorney General may enter into contracts with appro-

priate public or private agencies to provide housing, sustenance,

services, and supervision of inmates eligible for placement in com-

munity correctional facilities under this title.

SE OF

TATE

ACILITIES

.—At the discretion of the Attor-

ney General, Federal participants may be placed in State projects

as defined in chapter 1. For such participants, the Attorney Gen-

eral shall, with funds available under section 31904(b)(2), reim-

burse the State for all project costs related to the Federal partici-

pant’s placement, including administrative costs.

SEC. 31922. ø34 U.S.C. 12262¿ REQUIREMENTS.

For the purpose of placing Federal participants in a family

unity demonstration project under section 31921, the Attorney

General shall consult with the Secretary of Health and Human

Services regarding the development and operation of the project.

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101 Sec. 32001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle T—Substance Abuse Treatment in

Federal Prisons

SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.

Section 3621 of title 18, United States Code, is amended—

(1) in the last sentence of subsection (b), by striking ‘‘, to

the extent practicable,’’; and

(2) by adding at the end the following new subsection:

‘‘(e) S

UBSTANCE

BUSE

REATMENT

.—

‘‘(1) P

HASE

.—In order to carry out the requirement of

the last sentence of subsection (b) of this section, that every

prisoner with a substance abuse problem have the opportunity

to participate in appropriate substance abuse treatment, the

Bureau of Prisons shall, subject to the availability of appro-

priations, provide residential substance abuse treatment (and

make arrangements for appropriate aftercare)—

‘‘(A) for not less than 50 percent of eligible prisoners

by the end of fiscal year 1995, with priority for such treat-

ment accorded based on an eligible prisoner’s proximity to

release date;

‘‘(B) for not less than 75 percent of eligible prisoners

by the end of fiscal year 1996, with priority for such treat-

ment accorded based on an eligible prisoner’s proximity to

release date; and

‘‘(C) for all eligible prisoners by the end of fiscal year

1997 and thereafter, with priority for such treatment ac-

corded based on an eligible prisoner’s proximity to release

date.

‘‘(2) I

NCENTIVE FOR PRISONERS

’

SUCCESSFUL COMPLETION

OF TREATMENT PROGRAM

.—

‘‘(A) G

ENERALLY

.—Any prisoner who, in the judgment

of the Director of the Bureau of Prisons, has successfully

completed a program of residential substance abuse treat-

ment provided under paragraph (1) of this subsection,

shall remain in the custody of the Bureau under such con-

ditions as the Bureau deems appropriate. If the conditions

of confinement are different from those the prisoner would

have experienced absent the successful completion of the

treatment, the Bureau shall periodically test the prisoner

for substance abuse and discontinue such conditions on de-

termining that substance abuse has recurred.

‘‘(B) P

ERIOD OF CUSTODY

.—The period a prisoner con-

victed of a nonviolent offense remains in custody after suc-

cessfully completing a treatment program may be reduced

by the Bureau of Prisons, but such reduction may not be

more than one year from the term the prisoner must oth-

erwise serve.

‘‘(3) R

EPORT

.—The Bureau of Prisons shall transmit to the

Committees on the Judiciary of the Senate and the House of

Representatives on January 1, 1995, and on January 1 of each

year thereafter, a report. Such report shall contain—

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102 Sec. 32101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(A) a detailed quantitative and qualitative description

of each substance abuse treatment program, residential or

not, operated by the Bureau;

‘‘(B) a full explanation of how eligibility for such pro-

grams is determined, with complete information on what

proportion of prisoners with substance abuse problems are

eligible; and

‘‘(C) a complete statement of to what extent the Bu-

reau has achieved compliance with the requirements of

this title.

‘‘(4) A

UTHORIZATION OF APPROPRIATIONS

.—There are au-

thorized to be appropriated to carry out this subsection—

‘‘(A) $13,500,000 for fiscal year 1996;

‘‘(B) $18,900,000 for fiscal year 1997;

‘‘(C) $25,200,000 for fiscal year 1998;

‘‘(D) $27,000,000 for fiscal year 1999; and

‘‘(E) $27,900,000 for fiscal year 2000.

‘‘(5) D

EFINITIONS

.—As used in this subsection—

‘‘(A) the term ‘residential substance abuse treatment’

means a course of individual and group activities, lasting

between 6 and 12 months, in residential treatment facili-

ties set apart from the general prison population—

‘‘(i) directed at the substance abuse problems of

the prisoner; and

‘‘(ii) intended to develop the prisoner’s cognitive,

behavioral, social, vocational, and other skills so as to

solve the prisoner’s substance abuse and related prob-

lems;

‘‘(B) the term ‘eligible prisoner’ means a prisoner who

is—

‘‘(i) determined by the Bureau of Prisons to have

a substance abuse problem; and

‘‘(ii) willing to participate in a residential sub-

stance abuse treatment program; and

‘‘(C) the term ‘aftercare’ means placement, case man-

agement and monitoring of the participant in a commu-

nity-based substance abuse treatment program when the

participant leaves the custody of the Bureau of Prisons.

‘‘(6) C

OORDINATION OF FEDERAL ASSISTANCE

.—The Bureau

of Prisons shall consult with the Department of Health and

Human Services concerning substance abuse treatment and re-

lated services and the incorporation of applicable components

of existing comprehensive approaches including relapse preven-

tion and aftercare services.’’.

Subtitle U—Residential Substance Abuse

Treatment for State Prisoners

SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE

PRISONERS.

(a) R

ESIDENTIAL

UBSTANCE

BUSE

REATMENT FOR

RIS

ONERS

.—Title I of the Omnibus Crime Control and Safe Streets Act

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103 Sec. 32101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(a),

is amended—

(1) by redesignating part S as part T;

(2) by redesignating section 1901 as section 2001; and

(3) by inserting after part R the following new part:

‘‘PART S—RESIDENTIAL SUBSTANCE ABUSE

TREATMENT FOR STATE PRISONERS

‘‘SEC. 1901. GRANT AUTHORIZATION.

‘‘(a) The Attorney General may make grants under this part to

States, for use by States and units of local government for the pur-

pose of developing and implementing residential substance abuse

treatment programs within State correctional facilities, as well as

within local correctional and detention facilities in which inmates

are incarcerated for a period of time sufficient to permit substance

abuse treatment.

‘‘(b) C

ONSULTATION

.—The Attorney General shall consult with

the Secretary of Health and Human Services to ensure that

projects of substance abuse treatment and related services for State

prisoners incorporate applicable components of existing comprehen-

sive approaches including relapse prevention and aftercare serv-

ices.

‘‘SEC. 1902. STATE APPLICATIONS.

‘‘(a) I

ENERAL

.—(1) To request a grant under this part the

chief executive of a State shall submit an application to the Attor-

ney General in such form and containing such information as the

Attorney General may reasonably require.

‘‘(2) Such application shall include assurances that Federal

funds received under this part shall be used to supplement, not

supplant, non-Federal funds that would otherwise be available for

activities funded under this part.

‘‘(3) Such application shall coordinate the design and imple-

mentation of treatment programs between State correctional rep-

resentatives and the State Alcohol and Drug Abuse agency (and, if

appropriate, between representatives of local correctional agencies

and representatives of either the State alcohol and drug abuse

agency or any appropriate local alcohol and drug abuse agency).

‘‘(b) S

UBSTANCE

BUSE

ESTING

EQUIREMENT

.—To be eligible

to receive funds under this part, a State must agree to implement

or continue to require urinalysis or other proven reliable forms of

testing of individuals in correctional residential substance abuse

treatment programs. Such testing shall include individuals re-

leased from residential substance abuse treatment programs who

remain in the custody of the State.

‘‘(c) E

LIGIBILITY FOR

REFERENCE

ITH

FTER

ARE

OMPO

NENT

.—

‘‘(1) To be eligible for a preference under this part, a State

must ensure that individuals who participate in the substance

abuse treatment program established or implemented with as-

sistance provided under this part will be provided with

aftercare services.

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‘‘(2) State aftercare services must involve the coordination

of the correctional facility treatment program with other

human service and rehabilitation programs, such as edu-

cational and job training programs, parole supervision pro-

grams, half-way house programs, and participation in self-help

and peer group programs, that may aid in the rehabilitation of

individuals in the substance abuse treatment program.

‘‘(3) To qualify as an aftercare program, the head of the

substance abuse treatment program, in conjunction with State

and local authorities and organizations involved in substance

abuse treatment, shall assist in placement of substance abuse

treatment program participants with appropriate community

substance abuse treatment facilities when such individuals

leave the correctional facility at the end of a sentence or on pa-

role.

‘‘(d) C

OORDINATION OF

EDERAL

SSISTANCE

.—Each application

submitted for a grant under this section shall include a description

of how the funds made available under this section will be coordi-

nated with Federal assistance for substance abuse treatment and

aftercare services currently provided by the Department of Health

and Human Services’ Substance Abuse and Mental Health Services

Administration.

‘‘(e) S

TATE

FFICE

.—The Office designated under section 507—

‘‘(1) shall prepare the application as required under this

section; and

‘‘(2) shall administer grant funds received under this part,

including review of spending, processing, progress, financial re-

porting, technical assistance, grant adjustments, accounting,

auditing, and fund disbursement.

‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.

‘‘(a) I

ENERAL

.—The Attorney General shall make a grant

under section 1901 to carry out the projects described in the appli-

cation submitted under section 1902 upon determining that—

‘‘(1) the application is consistent with the requirements of

this part; and

‘‘(2) before the approval of the application the Attorney

General has made an affirmative finding in writing that the

proposed project has been reviewed in accordance with this

part.

‘‘(b) A

PPROVAL

.—Each application submitted under section

1902 shall be considered approved, in whole or in part, by the At-

torney General not later than 90 days after first received unless

the Attorney General informs the applicant of specific reasons for

disapproval.

‘‘(c) R

ESTRICTION

.—Grant funds received under this part shall

not be used for land acquisition or construction projects.

‘‘(d) D

ISAPPROVAL

OTICE AND

ECONSIDERATION

.—The Attor-

ney General shall not disapprove any application without first af-

fording the applicant reasonable notice and an opportunity for re-

consideration.

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

‘‘(a) A

LLOCATION

.—Of the total amount appropriated under this

part in any fiscal year—

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‘‘(1) 0.4 percent shall be allocated to each of the partici-

pating States; and

‘‘(2) of the total funds remaining after the allocation under

paragraph (1), there shall be allocated to each of the partici-

pating States an amount which bears the same ratio to the

amount of remaining funds described in this paragraph as the

State prison population of such State bears to the total prison

population of all the participating States.

‘‘(b) F

EDERAL

HARE

.—The Federal share of a grant made

under this part may not exceed 75 percent of the total costs of the

projects described in the application submitted under section 1902

for the fiscal year for which the projects receive assistance under

this part.

‘‘SEC. 1905. EVALUATION.

‘‘Each State that receives a grant under this part shall submit

to the Attorney General an evaluation not later than March 1 of

each year in such form and containing such information as the At-

torney General may reasonably require.’’.

(b) T

ECHNICAL

MENDMENT

.—The table of contents of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3711 et seq.), as amended by section 20201(b), is amended

by inserting after the matter relating to part R the following new

part:

‘‘P

ART

S—R

ESIDENTIAL

UBSTANCE

BUSE

REATMENT FOR

TATE

RISONERS

‘‘Sec. 1901. Grant authorization.

‘‘Sec. 1902. State applications.

‘‘Sec. 1903. Review of State applications.

‘‘Sec. 1904. Allocation and distribution of funds.

‘‘Sec. 1905. Evaluation.

‘‘P

ART

T—T

RANSITION

-E

FFECTIVE

ATE

-R

EPEALER

‘‘Sec. 2001. Confirmation of rules, authorities, and proceedings.’’.

EFINITIONS

.—Section 901(a) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by

section 20201(c), is amended—

(1) by striking ‘‘and’’ at the end of paragraph (23);

(2) by striking the period at the end of paragraph (24) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(25) the term ‘residential substance abuse treatment pro-

gram’ means a course of individual and group activities, lasting

between 6 and 12 months, in residential treatment facilities

set apart from the general prison population—

‘‘(A) directed at the substance abuse problems of the

prisoner; and

‘‘(B) intended to develop the prisoner’s cognitive, be-

havioral, social, vocational, and other skills so as to solve

the prisoner’s substance abuse and related problems.’’.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a) of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3793), as amended by section 20201(d), is amended—

(1) in paragraph (3) by striking ‘‘and R’’ and inserting ‘‘R,

or S’’; and

(2) by adding at the end the following new paragraph:

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106 Sec. 32201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(17) There are authorized to be appropriated to carry out the

projects under part S—

‘‘(A) $27,000,000 for fiscal year 1996;

‘‘(B) $36,000,000 for fiscal year 1997;

‘‘(C) $63,000,000 for fiscal year 1998;

‘‘(D) $72,000,000 for fiscal year 1999; and

‘‘(E) $72,000,000 for fiscal year 2000.’’.

Subtitle V—Prevention, Diagnosis, and

Treatment of Tuberculosis in Correc-

tional Institutions

SEC. 32201. ø34 U.S.C. 12271¿ PREVENTION, DIAGNOSIS, AND TREAT-

MENT OF TUBERCULOSIS IN CORRECTIONAL INSTITU-

TIONS.

(a) G

UIDELINES

.—The Attorney General, in consultation with

the Secretary of Health and Human Services and the Director of

the National Institute of Corrections, shall develop and disseminate

to appropriate entities, including State, Indian tribal, and local cor-

rectional institutions and the Immigration and Naturalization

Service, guidelines for the prevention, diagnosis, treatment, and

followup care of tuberculosis among inmates of correctional institu-

tions and persons held in holding facilities operated by or under

contract with the Immigration and Naturalization Service.

(b) C

OMPLIANCE

.—The Attorney General shall ensure that pris-

ons in the Federal prison system and holding facilities operated by

or under contract with the Immigration and Naturalization Service

comply with the guidelines described in subsection (a).

RANTS

.—

(1) I

N GENERAL

.—The Attorney General shall make grants

to State, Indian tribal, and local correction authorities and

public health authorities to assist in establishing and operating

programs for the prevention, diagnosis, treatment, and fol-

lowup care of tuberculosis among inmates of correctional insti-

tutions.

(2) F

EDERAL SHARE

.—The Federal share of funding of a

program funded with a grant under paragraph (1) shall not ex-

ceed 50 percent.

(3) A

UTHORIZATION OF APPROPRIATIONS

.—There are author-

ized to be appropriated to carry out this section—

(A) $700,000 for fiscal year 1996;

(B) $1,000,000 for fiscal year 1997;

(D) $1,100,000 for fiscal year 1999; and

(E) $1,200,000 for fiscal year 2000.

(d) D

EFINITIONS

.—In this section—

‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other

organized group or community of Indians, including an Alaska

Native village (as defined in or established under the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their sta-

tus as Indians.

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107 Sec. 40002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Division W of Public Law 117–103 provides for amendments made to this Act. Section 4(a)

of such Public Law provides that ‘‘[e]xcept as provided in subsection (b), this Act and the amend-

ments made by this Act shall not take effect until October 1 of the first fiscal year beginning

after the date of enactment of this Act øeffective October 1, 2022¿’’. The amendments have been

carried out in this version.

This Act was enacted as title IV of the Violent Crime Control and Law Enforcement Act of

1994 (P.L. 103–322). See appendix to this Act for the provisions of Acts amended by this title.

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, and the United

States Virgin Islands.

Subtitle X—Gang Resistance Education

and Training

SEC. 32401. ø34 U.S.C. 12281¿ GANG RESISTANCE EDUCATION AND

TRAINING PROJECTS.

(a) E

STABLISHMENT OF

ROJECTS

.—

(1) I

N GENERAL

.—The Attorney General shall establish not

less than 50 Gang Resistance Education and Training

(GREAT) projects, to be located in communities across the

country, in addition to the number of projects currently funded.

(2) S

ELECTION OF COMMUNITIES

.—Communities identified

for such GREAT projects shall be selected by the Attorney

General on the basis of gang-related activity in that particular

community.

(3) A

MOUNT OF ASSISTANCE PER PROJECT

;

ALLOCATION

.—

The Attorney General shall make available not less than

$800,000 per project, subject to the availability of appropria-

tions, and such funds shall be allocated—

(A) 50 percent to the affected State and local law en-

forcement and prevention organizations participating in

such projects; and

(B) 50 percent to the Bureau of Alcohol, Tobacco, Fire-

arms, and Explosives, Department of Justice for salaries,

expenses, and associated administrative costs for operating

and overseeing such projects.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section—

(1) $20,000,000 for fiscal year 2006;

(2) $20,000,000 for fiscal year 2007;

(3) $20,000,000 for fiscal year 2008;

(4) $20,000,000 for fiscal year 2009; and

(5) $20,000,000 for fiscal year 2010.

TITLE IV—VIOLENCE AGAINST WOMEN

SEC. 40001. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This title may be cited as the ‘‘Violence Against Women Act of

1994’’.

SEC. 40002. ø34 U.S.C. 12291¿ DEFINITIONS AND GRANT PROVISIONS.

(a) D

EFINITIONS

.—In this title, for the purpose of grants au-

thorized under this title:

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108 Sec. 40002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) A

BUSE IN LATER LIFE

.—The term ‘‘abuse in later life’’—

(A) means—

(i) neglect, abandonment, economic abuse, or will-

ful harm of an adult aged 50 or older by an individual

in an ongoing relationship of trust with the victim; or

(ii) domestic violence, dating violence, sexual as-

sault, or stalking of an adult aged 50 or older by any

individual; and

(B) does not include self-neglect.

(2) A

LASKA NATIVE VILLAGE

.—The term ‘‘Alaska Native vil-

lage’’ has the same meaning given such term in the Alaska Na-

tive Claims Settlement Act (43 U.S.C. 1601 et seq.).

(3) C

HILD ABUSE AND NEGLECT

.—The term ‘‘child abuse

and neglect’’ means any recent act or failure to act on the part

of a parent or caregiver with intent to cause death, serious

physical or emotional harm, sexual abuse, or exploitation, or

an act or failure to act which presents an imminent risk of se-

rious harm to an unemancipated minor. This definition shall

not be construed to mean that failure to leave an abusive rela-

tionship, in the absence of other action constituting abuse or

neglect, is itself abuse or neglect.

(4) C

HILD MALTREATMENT

.—The term ‘‘child maltreatment’’

means the physical or psychological abuse or neglect of a child

or youth, including sexual assault and abuse.

(5) C

OMMUNITY

BASED ORGANIZATION

.—The term ‘‘commu-

nity-based organization’’ means a nonprofit, nongovernmental,

or tribal organization that serves a specific geographic commu-

nity that—

(A) focuses primarily on domestic violence, dating vio-

lence, sexual assault, or stalking;

(B) has established a specialized culturally specific

program that addresses domestic violence, dating violence,

sexual assault, or stalking;

(and includes representatives of these populations) and do-

mestic violence, dating violence, sexual assault, or stalk-

ing; or

(D) obtains expertise, or shows demonstrated capacity

to work effectively, on domestic violence, dating violence,

sexual assault, and stalking through collaboration.

(6) C

OURT

BASED PERSONNEL

;

COURT

RELATED PER

SONNEL

.—The terms ‘‘court-based personnel’’ and ‘‘court-related

personnel’’ mean individuals working in the court, whether

paid or volunteer, including—

(A) clerks, special masters, domestic relations officers,

administrators, mediators, custody evaluators, guardians

ad litem, lawyers, negotiators, probation, parole, inter-

preters, victim assistants, victim advocates, and judicial,

administrative, or any other professionals or personnel

similarly involved in the legal process;

(B) court security personnel;

or programs (such as child support enforcement); and

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109 Sec. 40002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

There should be a closed parenthesis before the period at the end of paragraph (8).

(D) any other court-based or community-based per-

sonnel having responsibilities or authority to address do-

mestic violence, dating violence, sexual assault, or stalking

in the court system.

(7) C

OURTS

.—The term ‘‘courts’’ means any civil or crimi-

nal, tribal, and Alaska Native Village, Federal, State, local or

territorial court having jurisdiction to address domestic vio-

lence, dating violence, sexual assault or stalking, including im-

migration, family, juvenile, and dependency courts, and the ju-

dicial officers serving in those courts, including judges, mag-

istrate judges, commissioners, justices of the peace, or any

other person with decisionmaking authority.

(8) C

ULTURALLY SPECIFIC

.—The term ‘‘culturally specific’’

means primarily directed toward racial and ethnic minority

groups (as defined in section 1707(g) of the Public Health Serv-

ice Act (42 U.S.C. 300u–6(g))

(9) C

ULTURALLY SPECIFIC SERVICES

.—The term ‘‘culturally

specific services’’ means community-based services that include

culturally relevant and linguistically specific services and re-

sources to culturally specific communities.

(10) D

ATING PARTNER

.—The term ‘‘dating partner’’ refers to

a person who is or has been in a social relationship of a roman-

tic or intimate nature with the abuser, and where the existence

of such a relationship shall be determined based on a consider-

ation of—

(A) the length of the relationship;

(B) the type of relationship; and

involved in the relationship.

(11) D

ATING VIOLENCE

.—The term ‘‘dating violence’’ means

violence committed by a person—

(A) who is or has been in a social relationship of a ro-

mantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be

determined based on a consideration of the following fac-

tors:

(i) The length of the relationship.

(ii) The type of relationship.

(iii) The frequency of interaction between the per-

sons involved in the relationship.

(12) D

OMESTIC VIOLENCE

.—The term ‘‘domestic violence’’

includes felony or misdemeanor crimes committed by a current

or former spouse or intimate partner of the victim under the

family or domestic violence laws of the jurisdiction receiving

grant funding and, in the case of victim services, includes the

use or attempted use of physical abuse or sexual abuse, or a

pattern of any other coercive behavior committed, enabled, or

solicited to gain or maintain power and control over a victim,

including verbal, psychological, economic, or technological

abuse that may or may not constitute criminal behavior, by a

person who—

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(A) is a current or former spouse or intimate partner

of the victim, or person similarly situated to a spouse of

the victim;

(B) is cohabitating, or has cohabitated, with the victim

as a spouse or intimate partner;

(D) commits acts against a youth or adult victim who

is protected from those acts under the family or domestic

violence laws of the jurisdiction.

(13) E

CONOMIC ABUSE

.—The term ‘‘economic abuse’’, in the

context of domestic violence, dating violence, and abuse in later

life, means behavior that is coercive, deceptive, or unreason-

ably controls or restrains a person’s ability to acquire, use, or

maintain economic resources to which they are entitled, includ-

ing using coercion, fraud, or manipulation to—

(A) restrict a person’s access to money, assets, credit,

or financial information;

(B) unfairly use a person’s personal economic re-

sources, including money, assets, and credit, for one’s own

advantage; or

economic behavior or decisions, including forcing default

on joint or other financial obligations, exploiting powers of

attorney, guardianship, or conservatorship, or failing or

neglecting to act in the best interests of a person to whom

one has a fiduciary duty.

(14) E

LDER ABUSE

.—The term ‘‘elder abuse’’ means any ac-

tion against a person who is 50 years of age or older that con-

stitutes the willful—

(A) infliction of injury, unreasonable confinement, in-

timidation, or cruel punishment with resulting physical

harm, pain, or mental anguish; or

(B) deprivation by a person, including a caregiver, of

goods or services with intent to cause physical harm, men-

tal anguish, or mental illness.

(15) F

EMALE GENITAL MUTILATION OR CUTTING

.—The term

‘‘female genital mutilation or cutting’’ has the meaning given

such term in section 116 of title 18, United States Code.

(16) F

ORCED MARRIAGE

.—The term ‘‘forced marriage’’

means a marriage to which 1 or both parties do not or cannot

consent, and in which 1 or more elements of force, fraud, or co-

ercion is present. Forced marriage can be both a cause and a

consequence of domestic violence, dating violence, sexual as-

sault or stalking.

(17) H

OMELESS

.— The term ‘‘homeless’’ has the meaning

given such term in section 41403.

(18) I

NDIAN

.—The term ‘‘Indian’’ means a member of an

Indian tribe.

(19) I

NDIAN COUNTRY

.—The term ‘‘Indian country’’ has the

same meaning given such term in section 1151 of title 18,

United States Code.

(20) I

NDIAN HOUSING

.—The term ‘‘Indian housing’’ means

housing assistance described in the Native American Housing

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111 Sec. 40002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101

et seq., as amended).

(21) I

NDIAN LAW ENFORCEMENT

.—The term ‘‘Indian law en-

forcement’’ means the departments or individuals under the di-

rection of the Indian tribe that maintain public order.

(22) I

NDIAN TRIBE

;

INDIAN TRIBE

.—The terms ‘‘Indian tribe’’

and ‘‘Indian Tribe’’ mean a tribe, band, pueblo, nation, or other

organized group or community of Indians, including any Alas-

ka Native village or regional or village corporation (as defined

in, or established pursuant to, the Alaska Native Claims Set-

tlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eli-

gible for the special programs and services provided by the

United States to Indians because of their status as Indians.

(23) L

AW ENFORCEMENT

.—The term ‘‘law enforcement’’

means a public agency charged with policing functions, includ-

ing any of its component bureaus (such as governmental victim

services programs or Village Public Safety Officers), including

those referred to in section 3 of the Indian Enforcement Re-

form Act (25 U.S.C. 2802).

(24) L

EGAL ASSISTANCE

.—

(A) D

EFINITION

.—The term ‘‘legal assistance’’ means

assistance provided by or under the direct supervision of

a person described in subparagraph (B) to an adult, youth,

or child victim of domestic violence, dating violence, sexual

assault, or stalking relating to a matter described in sub-

paragraph (C).

(B) P

ERSON DESCRIBED

.—A person described in this

subparagraph is—

(i) a licensed attorney;

(ii) in immigration proceedings, a Board of Immi-

gration Appeals accredited representative;

(iii) in claims of the Department of Veterans Af-

fairs, a representative authorized by the Secretary of

Veterans Affairs; or

(iv) any person who functions as an attorney or

lay advocate in tribal court.

ATTER DESCRIBED

.—A matter described in this

subparagraph is a matter relating to—

(i) divorce, parental rights, child support, Tribal,

territorial, immigration, employment, administrative

agency, housing, campus, education, healthcare, pri-

vacy, contract, consumer, civil rights, protection or

other injunctive proceedings, related enforcement pro-

ceedings, and other similar matters;

(ii) criminal justice investigations, prosecutions,

and post-conviction matters (including sentencing, pa-

role, and probation) that impact the victim’s safety,

privacy, or other interests as a victim;

(iii) alternative dispute resolution, restorative

practices, or other processes intended to promote vic-

tim safety, privacy, and autonomy, and offender ac-

countability, regardless of court involvement; or

(iv) with respect to a conviction of a victim relat-

ing to or arising from domestic violence, dating vio-

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lence, sexual assault, stalking, or sex trafficking vic-

timization of the victim, post-conviction relief pro-

ceedings in State, local, Tribal, or territorial court.

(D) I

NTAKE OR REFERRAL

.—For purposes of this para-

graph, intake or referral, by itself, does not constitute legal

assistance.

(25) P

ERSONALLY IDENTIFYING INFORMATION OR PERSONAL

INFORMATION

.—The term ‘‘personally identifying information’’

or ‘‘personal information’’ means individually identifying infor-

mation for or about an individual including information likely

to disclose the location of a victim of domestic violence, dating

violence, sexual assault, or stalking, regardless of whether the

information is encoded, encrypted, hashed, or otherwise pro-

tected, including—

(A) a first and last name;

(B) a home or other physical address;

Internet protocol address, or telephone or facsimile num-

ber);

(D) a social security number, driver license number,

passport number, or student identification number; and

(E) any other information, including date of birth, ra-

cial or ethnic background, or religious affiliation, that

would serve to identify any individual.

(26) P

OPULATION SPECIFIC ORGANIZATION

.—The term ‘‘pop-

ulation specific organization’’ means a nonprofit, nongovern-

mental organization that primarily serves members of a spe-

cific underserved population and has demonstrated experience

and expertise providing targeted services to members of that

specific underserved population.

(27) P

OPULATION SPECIFIC SERVICES

.—The term ‘‘popu-

lation specific services’’ means victim-centered services that ad-

dress the safety, health, economic, legal, housing, workplace,

immigration, confidentiality, or other needs of victims of do-

mestic violence, dating violence, sexual assault, or stalking,

and that are designed primarily for and are targeted to a spe-

cific underserved population.

(28) P

ROSECUTION

.—The term ‘‘prosecution’’ means any

public agency charged with direct responsibility for prosecuting

criminal offenders, including such agency’s component bureaus

(such as governmental victim assistance programs).

(29) P

ROTECTION ORDER OR RESTRAINING ORDER

.—The

term ‘‘protection order’’ or ‘‘restraining order’’ includes—

(A) any injunction, restraining order, or any other

order issued by a civil or criminal court for the purpose of

preventing violent or threatening acts or harassment

against, sexual violence or contact or communication with

or physical proximity to, another person, including any

temporary or final orders issued by civil or criminal courts

whether obtained by filing an independent action or as a

pendente lite order in another proceeding so long as any

civil order was issued in response to a complaint, petition,

or motion filed by or on behalf of a person seeking protec-

tion; and

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(B) any support, child custody or visitation provisions,

orders, remedies, or relief issued as part of a protection

order, restraining order, or stay away injunction pursuant

to State, tribal, territorial, or local law authorizing the

issuance of protection orders, restraining orders, or injunc-

tions for the protection of victims of domestic violence, dat-

ing violence, sexual assault, or stalking.

(30) R

APE CRISIS CENTER

.—The term ‘‘rape crisis center’’

means a nonprofit, nongovernmental, or tribal organization, or

governmental entity in a State other than a Territory that pro-

vides intervention and related assistance, as specified in sec-

tion 41601(b)(2)(C), to victims of sexual assault without regard

to their age. In the case of a governmental entity, the entity

may not be part of the criminal justice system (such as a law

enforcement agency) and must be able to offer a comparable

level of confidentiality as a nonprofit entity that provides simi-

lar victim services.

(31) R

ESTORATIVE PRACTICE

.—The term ‘‘restorative prac-

tice’’ means a practice relating to a specific harm that—

(A) is community-based and unaffiliated with any civil

or criminal legal process;

(B) is initiated by a victim of the harm;

dence of coercion or intimidation of any victim of the harm

by any individual who committed the harm or anyone as-

sociated with any such individual—

(i) 1 or more individuals who committed the harm;

(ii) 1 or more victims of the harm; and

(iii) the community affected by the harm through

1 or more representatives of the community;

(D) shall include and has the goal of—

(i) collectively seeking accountability from 1 or

more individuals who committed the harm;

(ii) developing a written process whereby 1 or

more individuals who committed the harm will take

responsibility for the actions that caused harm to 1 or

more victims of the harm; and

(iii) developing a written course of action plan—

(I) that is responsive to the needs of 1 or more

victims of the harm; and

(II) upon which 1 or more victims, 1 or more

individuals who committed the harm, and the

community can agree; and

(E) is conducted in a victim services framework that

protects the safety and supports the autonomy of 1 or more

victims of the harm and the community.

(32) R

URAL AREA AND RURAL COMMUNITY

.—The term ‘‘rural

area’’ and ‘‘rural community’’ mean—

(A) any area or community, respectively, no part of

which is within an area designated as a standard metro-

politan statistical area by the Office of Management and

Budget;

(B) any area or community, respectively, that is—

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(i) within an area designated as a metropolitan

statistical area or considered as part of a metropolitan

statistical area; and

(ii) located in a rural census tract; or

(33) R

URAL STATE

.—The term ‘‘rural State’’ means a State

that has a population density of 57 or fewer persons per square

mile or a State in which the largest county has fewer than

250,000 people, based on the most recent decennial census.

(34) S

EX TRAFFICKING

.—The term ‘‘sex trafficking’’ means

any conduct proscribed by section 1591 of title 18, United

States Code, whether or not the conduct occurs in interstate or

foreign commerce or within the special maritime and territorial

jurisdiction of the United States.

(35) S

EXUAL ASSAULT

.—The term ‘‘sexual assault’’ means

any nonconsensual sexual act proscribed by Federal, tribal, or

State law, including when the victim lacks capacity to consent.

(36) S

TALKING

.—The term ‘‘stalking’’ means engaging in a

course of conduct directed at a specific person that would cause

a reasonable person to—

(A) fear for his or her safety or the safety of others;

(B) suffer substantial emotional distress.

(37) S

TATE

.—The term ‘‘State’’ means each of the several

States and the District of Columbia, and except as otherwise

provided, the Commonwealth of Puerto Rico, Guam, American

Samoa, the Virgin Islands, and the Northern Mariana Islands.

(38) S

TATE DOMESTIC VIOLENCE COALITION

.—The term

‘‘State domestic violence coalition’’ means a program deter-

mined by the Administration for Children and Families under

sections 302 and 311 of the Family Violence Prevention and

Services Act.

(39) S

TATE SEXUAL ASSAULT COALITION

.—The term ‘‘State

sexual assault coalition’’ means a program determined by the

Center for Injury Prevention and Control of the Centers for

Disease Control and Prevention under the Public Health Serv-

ice Act (42 U.S.C. 280b et seq.).

(40) T

ECHNOLOGICAL ABUSE

.—The term ‘‘technological

abuse’’ means an act or pattern of behavior that occurs within

domestic violence, sexual assault, dating violence or stalking

and is intended to harm, threaten, intimidate, control, stalk,

harass, impersonate, exploit, extort, or monitor, except as oth-

erwise permitted by law, another person, that occurs using any

form of technology, including but not limited to: internet en-

abled devices, online spaces and platforms, computers, mobile

devices, cameras and imaging programs, apps, location track-

ing devices, or communication technologies, or any other

emerging technologies.

(41) T

ERRITORIAL DOMESTIC VIOLENCE OR SEXUAL ASSAULT

COALITION

.—The term ‘‘territorial domestic violence or sexual

assault coalition’’ means a program addressing domestic or sex-

ual violence that is—

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(A) an established nonprofit, nongovernmental terri-

torial coalition addressing domestic violence or sexual as-

sault within the territory; or

(B) a nongovernmental organization with a dem-

onstrated history of addressing domestic violence or sexual

assault within the territory that proposes to incorporate as

a nonprofit, nongovernmental territorial coalition.

(42) T

RIBAL COALITION

.—The term ‘‘tribal coalition’’ means

an established nonprofit, nongovernmental Indian organiza-

tion, Alaska Native organization, or a Native Hawaiian organi-

zation that—

(A) provides education, support, and technical assist-

ance to member Indian service providers, Native Hawaiian

organizations, or the Native Hawaiian community in a

manner that enables those member providers, organiza-

tions, or communities to establish and maintain culturally

appropriate services, including shelter and rape crisis serv-

ices, designed to assist Indian or Native Hawaiian women

and the dependents of those women who are victims of do-

mestic violence, dating violence, sexual assault, and stalk-

ing; and

(B) is comprised of board and general members that

are representative of—

(i) the member service providers, organizations, or

communities described in subparagraph (A); and

(ii) the tribal communities or Native Hawaiian

communities in which the services are being provided.

(43) T

RIBAL GOVERNMENT

.—The term ‘‘tribal government’’

means—

(A) the governing body of an Indian tribe; or

(B) a tribe, band, pueblo, nation, or other organized

group or community of Indians, including any Alaska Na-

tive village or regional or village corporation (as defined in,

or established pursuant to, the Alaska Native Claims Set-

tlement 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 In-

dians.

(44) T

RIBAL NONPROFIT ORGANIZATION

.—The term ‘‘tribal

nonprofit organization’’ means—

(A) a victim services provider that has as its primary

purpose to assist Native victims of domestic violence, dat-

ing violence, sexual assault, or stalking; and

(B) staff and leadership of the organization must in-

clude persons with a demonstrated history of assisting

American Indian or Alaska Native victims of domestic vio-

lence, dating violence, sexual assault, or stalking.

(45) T

RIBAL ORGANIZATION

.—The term ‘‘tribal organization’’

means—

(A) the governing body of any Indian tribe;

(B) any legally established organization of Indians

which is controlled, sanctioned, or chartered by such gov-

erning body of a tribe or tribes to be served, or which is

democratically elected by the adult members of the Indian

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community to be served by such organization and which

includes the maximum participation of Indians in all

phases of its activities; or

(46) U

NDERSERVED POPULATIONS

.—The term ‘‘underserved

populations’’ means populations who face barriers in accessing

and using victim services, and includes populations under-

served because of geographic location, religion, sexual orienta-

tion, gender identity, underserved racial and ethnic popu-

lations, populations underserved because of special needs (such

as language barriers, disabilities, alienage status, or age), and

any other population determined to be underserved by the At-

torney General or by the Secretary of Health and Human Serv-

ices, as appropriate.

(47) U

NIT OF LOCAL GOVERNMENT

.—The term ‘‘unit of local

government’’ means any city, county, township, town, borough,

parish, village, or other general purpose political subdivision of

a State.

(48) V

ICTIM ADVOCATE

.—The term ‘‘victim advocate’’ means

a person, whether paid or serving as a volunteer, who provides

services to victims of domestic violence, sexual assault, stalk-

ing, or dating violence under the auspices or supervision of a

victim services program.

(49) V

ICTIM ASSISTANT

.—The term ‘‘victim assistant’’

means a person, whether paid or serving as a volunteer, who

provides services to victims of domestic violence, sexual as-

sault, stalking, or dating violence under the auspices or super-

vision of a court or a law enforcement or prosecution agency.

(50) V

ICTIM SERVICE PROVIDER

.—The term ‘‘victim service

provider’’ means a nonprofit, nongovernmental or tribal organi-

zation or rape crisis center, including a State or tribal coali-

tion, that assists or advocates for domestic violence, dating vio-

lence, sexual assault, or stalking victims, including domestic

violence shelters, faith-based organizations, and other organi-

zations, with a documented history of effective work concerning

domestic violence, dating violence, sexual assault, or stalking.

(51) V

ICTIM SERVICES OR SERVICES

.—The terms ‘‘victim

services’’ and ‘‘services’’ mean services provided to victims of

domestic violence, dating violence, sexual assault, or stalking,

including telephonic or web-based hotlines, legal assistance

and legal advocacy, economic advocacy, emergency and transi-

tional shelter, accompaniment and advocacy through medical,

civil or criminal justice, immigration, and social support sys-

tems, crisis intervention, short-term individual and group sup-

port services, information and referrals, culturally specific

services, population specific services, and other related sup-

portive services.

(52) Y

OUTH

.—The term ‘‘youth’’ means a person who is 11

to 24 years old.

(b) G

RANT

ONDITIONS

.—

(1) M

ATCH

.—No matching funds shall be required for any

grant or subgrant made under this Act for—

(A) any tribe, territory, or victim service provider; or

(B) any other entity, including a State, that—

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(i) petitions for a waiver of any match condition

imposed by the Attorney General or the Secretaries of

Health and Human Services or Housing and Urban

Development; and

(ii) whose petition for waiver is determined by the

Attorney General or the Secretaries of Health and

Human Services or Housing and Urban Development

to have adequately demonstrated the financial need of

the petitioning entity.

(2) N

ONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMA

TION

.—

(A) I

N GENERAL

.—In order to ensure the safety of

adult, youth, and child victims of domestic violence, dating

violence, sexual assault, or stalking, and their families,

grantees and subgrantees under this title shall protect the

confidentiality and privacy of persons receiving services.

(B) N

ONDISCLOSURE

.—Subject to subparagraphs (C)

and (D), grantees and subgrantees shall not—

(i) disclose, reveal, or release any personally iden-

tifying information or individual information collected

in connection with services requested, utilized, or de-

nied through grantees’ and subgrantees’ programs, re-

gardless of whether the information has been encoded,

encrypted, hashed, or otherwise protected; or

(ii) disclose, reveal, or release individual client in-

formation without the informed, written, reasonably

time-limited consent of the person (or in the case of an

unemancipated minor, the minor and the parent or

guardian or in the case of legal incapacity, a court-ap-

pointed guardian) about whom information is sought,

whether for this program or any other Federal, State,

tribal, or territorial grant program, except that con-

sent for release may not be given by the abuser of the

minor, incapacitated person, or the abuser of the other

parent of the minor.

If a minor or a person with a legally appointed guardian

is permitted by law to receive services without the parent’s

or guardian’s consent, the minor or person with a guardian

may release information without additional consent.

ELEASE

.—If release of information described in

subparagraph (B) is compelled by statutory or court man-

date—

(i) grantees and subgrantees shall make reason-

able attempts to provide notice to victims affected by

the disclosure of information; and

(ii) grantees and subgrantees shall take steps nec-

essary to protect the privacy and safety of the persons

affected by the release of the information.

(D) I

NFORMATION SHARING

.—

(i) Grantees and subgrantees may share—

(I) nonpersonally identifying data in the ag-

gregate regarding services to their clients and

nonpersonally identifying demographic informa-

tion in order to comply with Federal, State, tribal,

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118 Sec. 40002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

or territorial reporting, evaluation, or data collec-

tion requirements;

(II) court-generated information and law en-

forcement-generated information contained in se-

cure, governmental registries for protection order

enforcement purposes; and

(III) law enforcement-generated and prosecu-

tion-generated information necessary for law en-

forcement and prosecution purposes.

(ii) In no circumstances may—

(I) an adult, youth, or child victim of domestic

violence, dating violence, sexual assault, or stalk-

ing be required to provide a consent to release his

or her personally identifying information as a con-

dition of eligibility for the services provided by the

grantee or subgrantee;

(II) any personally identifying information be

shared in order to comply with Federal, tribal, or

State reporting, evaluation, or data collection re-

quirements, whether for this program or any other

Federal, tribal, or State grant program.

(E) S

TATUTORILY MANDATED REPORTS OF ABUSE OR NE

GLECT

.—Nothing in this section prohibits a grantee or sub-

grantee from reporting suspected abuse or neglect, as

those terms are defined and specifically mandated by the

State or tribe involved.

(F) O

VERSIGHT

.—Nothing in this paragraph shall pre-

vent the Attorney General from disclosing grant activities

authorized in this Act to the chairman and ranking mem-

bers of the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the

Senate exercising Congressional oversight authority. All

disclosures shall protect confidentiality and omit person-

ally identifying information, including location information

about individuals.

(G) C

ONFIDENTIALITY ASSESSMENT AND ASSURANCES

.—

Grantees and subgrantees must document their compli-

ance with the confidentiality and privacy provisions re-

quired under this section.

(H) D

EATH OF THE PARTY WHOSE PRIVACY HAD BEEN

PROTECTED

.—In the event of the death of any victim whose

confidentiality and privacy is required to be protected

under this subsection, grantees and subgrantees may

share personally identifying information or individual in-

formation that is collected about deceased victims being

sought for a fatality review to the extent permitted by

their jurisdiction’s law and only if the following conditions

are met:

(i) The underlying objectives of the fatality review

are to prevent future deaths, enhance victim safety,

and increase offender accountability.

(ii) The fatality review includes policies and proto-

cols to protect identifying information, including iden-

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tifying information about the victim’s children, from

further release outside the fatality review team.

(iii) The grantee or subgrantee makes a reason-

able effort to get a release from the victim’s personal

representative (if one has been appointed) and from

any surviving minor children or the guardian of such

children (but not if the guardian is the abuser of the

deceased parent), if the children are not capable of

knowingly consenting.

(iv) The information released is limited to that

which is necessary for the purposes of the fatality re-

view.

(3) A

PPROVED ACTIVITIES

.—In carrying out the activities

under this title, grantees and subgrantees may collaborate

with or provide information to Federal, State, local, tribal, and

territorial public officials and agencies to develop and imple-

ment policies and develop and promote State, local, or tribal

legislation or model codes designed to reduce or eliminate do-

mestic violence, dating violence, sexual assault, and stalking

if—

(A) the confidentiality and privacy requirements of

this title are maintained; and

(B) personally identifying information about adult,

youth, and child victims of domestic violence, dating vio-

lence, sexual assault, and stalking is not requested or in-

cluded in any such collaboration or information-sharing.

(4) N

SUPPLANTATION

.—Any Federal funds received

under this title shall be used to supplement, not supplant, non-

Federal funds that would otherwise be available for activities

under this title.

(5) U

SE OF FUNDS

.—Funds authorized and appropriated

under this title may be used only for the specific purposes de-

scribed in this title and shall remain available until expended.

(6) R

EPORTS

.—An entity receiving a grant under this title

shall submit to the disbursing agency a report detailing the ac-

tivities undertaken with the grant funds, including and pro-

viding additional information as the agency shall require.

(7) E

VALUATION

.—Federal agencies disbursing funds under

this title shall set aside up to 3 percent of such funds in order

to conduct—

(A) evaluations of specific programs or projects funded

by the disbursing agency under this title or related re-

search; or

(B) evaluations of promising practices or problems

emerging in the field or related research, in order to in-

form the agency or agencies as to which programs or

projects are likely to be effective or responsive to needs in

the field.

Final reports of such evaluations shall be made available to

the public via the agency’s website.

(8) N

ONEXCLUSIVITY

.—Nothing in this title shall be con-

strued to prohibit male victims of domestic violence, dating vio-

lence, sexual assault, and stalking from receiving benefits and

services under this title.

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(9) P

ROHIBITION ON TORT LITIGATION

.—Funds appropriated

for the grant program under this title may not be used to fund

civil representation in a lawsuit based on a tort claim. This

paragraph should not be construed as a prohibition on pro-

viding assistance to obtain restitution in a protection order or

criminal case.

(10) P

ROHIBITION ON LOBBYING

.—Any funds appropriated

for the grant program shall be subject to the prohibition in sec-

tion 1913 of title 18, United States Code, relating to lobbying

with appropriated moneys.

(11) T

ECHNICAL ASSISTANCE

.—

(A) I

N GENERAL

.—Of the total amounts appropriated

under this title, not less than 3 percent and up to 8 per-

cent, unless otherwise noted, shall be available for pro-

viding training and technical assistance relating to the

purposes of this title to improve the capacity of the grant-

ees, subgrantees, and other entities. If there is a dem-

onstrated history that the Office on Violence Against

Women has previously set aside amounts greater than 8

percent for technical assistance and training relating to

grant programs authorized under this title, the Office has

the authority to continue setting aside amounts greater

than 8 percent.

(B) R

EQUIREMENT

.—The Office on Violence Against

Women shall make all technical assistance available as

broadly as possible to any appropriate grantees, sub-

grantees, potential grantees, or other entities without re-

gard to whether the entity has received funding from the

Office on Violence Against Women for a particular pro-

gram or project, with priority given to recipients awarded

a grant before the date of enactment of the Violence

Against Women Act Reauthorization Act of 2022.

(12) D

ELIVERY OF LEGAL ASSISTANCE

.—Any grantee or sub-

grantee providing legal assistance with funds awarded under

this title shall comply with the eligibility requirements in sec-

tion 1201(d) of the Violence Against Women Act of 2000 (42

U.S.C. 3796gg–6(d)).

(13) C

IVIL RIGHTS

.—

(A) N

ONDISCRIMINATION

.—No person in the United

States shall, on the basis of actual or perceived race, color,

religion, national origin, sex, gender identity (as defined in

paragraph 249(c)(4) of title 18, United States Code), sexual

orientation, or disability, be excluded from participation in,

be denied the benefits of, or be subjected to discrimination

under any program or activity funded in whole or in part

with funds made available under the Violence Against

Women Act of 1994 (title IV of Public Law 103–322; 108

Stat. 1902), the Violence Against Women Act of 2000 (divi-

sion B of Public Law 106–386; 114 Stat. 1491), the Vio-

lence Against Women and Department of Justice Reau-

thorization Act of 2005 (title IX of Public Law 109–162;

119 Stat. 3080), the Violence Against Women Reauthoriza-

tion Act of 2013, and any other program or activity funded

in whole or in part with funds appropriated for grants, co-

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operative agreements, and other assistance administered

by the Office on Violence Against Women.

(B) E

XCEPTION

.—If sex segregation or sex-specific pro-

gramming is necessary to the essential operation of a pro-

gram, nothing in this paragraph shall prevent any such

program or activity from consideration of an individual’s

sex. In such circumstances, grantees may meet the re-

quirements of this paragraph by providing comparable

services to individuals who cannot be provided with the

sex-segregated or sex-specific programming.

ISCRIMINATION

.—The authority of the Attorney

General and the Office of Justice Programs to enforce this

paragraph shall be the same as it is under section 3789d

of title 42, United States Code.

(D) C

ONSTRUCTION

.—Nothing contained in this para-

graph shall be construed, interpreted, or applied to sup-

plant, displace, preempt, or otherwise diminish the respon-

sibilities and liabilities under other State or Federal civil

rights law, whether statutory or common.

(14) C

LARIFICATION OF VICTIM SERVICES AND LEGAL ASSIST

ANCE

.—Victim services and legal assistance under this title

also include services and assistance to—

(A) victims of domestic violence, dating violence, sex-

ual assault, or stalking who are also victims of severe

forms of trafficking in persons as defined by section 103 of

the Trafficking Victims Protection Act of 2000 (22 U.S.C.

7102);

(B) adult survivors of child sexual abuse; and

ual assault, or stalking who are also victims of female gen-

ital mutilation or cutting, or forced marriage.

(15) A

CCOUNTABILITY

.—All grants awarded by the Attor-

ney General under this Act shall be subject to the following ac-

countability provisions:

(A) A

UDIT REQUIREMENT

.—

(i) I

N GENERAL

.—Beginning in the first fiscal year

beginning after the date of the enactment of this Act,

and in each fiscal year thereafter, the Inspector Gen-

eral of the Department of Justice shall conduct audits

of recipients of grants under this Act to prevent waste,

fraud, and abuse of funds by grantees. The Inspector

General shall determine the appropriate number of

grantees to be audited each year.

(ii) D

EFINITION

.—In this paragraph, the term ‘‘un-

resolved audit finding’’ means a finding in the final

audit report of the Inspector General of the Depart-

ment of Justice that the audited grantee has utilized

grant funds for an unauthorized expenditure or other-

wise unallowable cost that is not closed or resolved

within 12 months from the date when the final audit

report is issued.

(iii) T

ECHNICAL ASSISTANCE

.—A recipient of grant

funds under this Act that is found to have an unre-

solved audit finding shall be eligible to receive prompt,

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individualized technical assistance to resolve the audit

finding and to prevent future findings, for a period not

to exceed the following 2 fiscal years.

(iv) P

RIORITY

.—In awarding grants under this Act,

the Attorney General shall give priority to eligible en-

tities that did not have an unresolved audit finding

during the 3 fiscal years prior to submitting an appli-

cation for a grant under this Act.

(v) R

EIMBURSEMENT

.—If an entity is awarded

grant funds under this Act during the 2-fiscal-year pe-

riod in which the entity is barred from receiving

grants under paragraph (2), the Attorney General

shall—

(I) deposit an amount equal to the grant

funds that were improperly awarded to the grant-

ee into the General Fund of the Treasury; and

(II) seek to recoup the costs of the repayment

to the fund from the grant recipient that was erro-

neously awarded grant funds.

(B) N

ONPROFIT ORGANIZATION REQUIREMENTS

.—

(i) D

EFINITION

.—For purposes of this paragraph

and the grant programs described in this Act, the term

‘‘nonprofit organization’’ means an organization that is

described in section 501(c)(3) of the Internal Revenue

Code of 1986 and is exempt from taxation under sec-

tion 501(a) of such Code.

(ii) P

ROHIBITION

.—The Attorney General may not

award a grant under any grant program described in

this Act to a nonprofit organization that holds money

in offshore accounts for the purpose of avoiding paying

the tax described in section 511(a) of the Internal Rev-

enue Code of 1986.

(iii) D

ISCLOSURE

.—Each nonprofit organization

that is awarded a grant under a grant program de-

scribed in this Act and uses the procedures prescribed

in regulations to create a rebuttable presumption of

reasonableness for the compensation of its officers, di-

rectors, trustees and key employees, shall disclose to

the Attorney General, in the application for the grant,

the process for determining such compensation, includ-

ing the independent persons involved in reviewing and

approving such compensation, the comparability data

used, and contemporaneous substantiation of the de-

liberation and decision. Upon request, the Attorney

General shall make the information disclosed under

this subsection available for public inspection.

ONFERENCE EXPENDITURES

.—

(i) L

IMITATION

.—No amounts authorized to be ap-

propriated to the Department of Justice under this Act

may be used by the Attorney General, or by any indi-

vidual or organization awarded discretionary funds

through a cooperative agreement under this Act, to

host or support any expenditure for conferences that

uses more than $100,000 in Department funds, unless

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123 Sec. 40101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Section 2(a)(2)(G)(ii) of division W of Public Law 117–103 provides for an amendment to in-

sert ‘‘the Director or Principal Deputy Director of the Office on Violence Against Women or’’ be-

fore ‘‘the Deputy Attorney General’’. The phrase ‘‘the Deputy Attorney General’’ appears two

times in clause (i). Such amendment was carried out to the first instance of such phrase to re-

flect the probable intent of Congress.

the Director or Principal Deputy Director of the Office

on Violence Against Women or

the Deputy Attorney

General or such Assistant Attorney Generals, Direc-

tors, or principal deputies as the Deputy Attorney

General

may designate, provides prior written au-

thorization that the funds may be expended to host a

conference.

(ii) W

RITTEN APPROVAL

.—Written approval under

clause (i) shall include a written estimate of all costs

associated with the conference, including the cost of

all food and beverages, audiovisual equipment, hono-

raria for speakers, and any entertainment.

(iii) R

EPORT

.—The Deputy Attorney General shall

submit an annual report to the Committee on the Ju-

diciary of the Senate and the Committee on the Judici-

ary of the House of Representatives on all approved

conference expenditures referenced in this paragraph.

(D) A

NNUAL CERTIFICATION

.—Beginning in the first

fiscal year beginning after the date of the enactment of

this Act, the Attorney General shall submit, to the Com-

mittee on the Judiciary and the Committee on Appropria-

tions of the Senate and the Committee on the Judiciary

and the Committee on Appropriations of the House of Rep-

resentatives, an annual certification that—

(i) all audits issued by the Office of the Inspector

General under paragraph (1) have been completed and

reviewed by the appropriate Assistant Attorney Gen-

eral or Director;

(ii) all mandatory exclusions required under sub-

paragraph (A)(iii) have been issued;

(iii) all reimbursements required under subpara-

graph (A)(v) have been made; and

(iv) includes a list of any grant recipients excluded

under subparagraph (A) from the previous year.

(16) I

NNOVATION FUND

.—Of the amounts appropriated to

carry out this title, not more than 1 percent shall be made

available for pilot projects, demonstration projects, and special

initiatives designed to improve Federal, State, local, Tribal,

and other community responses to gender-based violence.

Subtitle A—Safe Streets for Women

SEC. 40101. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Safe Streets for Women Act

of 1994’’.

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124 Sec. 40111 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES

SEC. 40111. REPEAT OFFENDERS.

See 18 U.S.C. 2247

SEC. 40112. ø28 U.S.C. 994 nt¿ FEDERAL PENALTIES.

(a) A

MENDMENT OF

ENTENCING

UIDELINES

.—Pursuant to its

authority under section 994(p) of title 28, United States Code, the

United States Sentencing Commission shall review and amend,

where necessary, its sentencing guidelines on aggravated sexual

abuse under section 2241 of title 18, United States Code, or sexual

abuse under section 2242 of title 18, United States Code, as fol-

lows:

(1) The Commission shall review and promulgate amend-

ments to the guidelines, if appropriate, to enhance penalties if

more than 1 offender is involved in the offense.

(2) The Commission shall review and promulgate amend-

ments to the guidelines, if appropriate, to reduce unwarranted

disparities between the sentences for sex offenders who are

known to the victim and sentences for sex offenders who are

not known to the victim.

(3) The Commission shall review and promulgate amend-

ments to the guidelines to enhance penalties, if appropriate, to

render Federal penalties on Federal territory commensurate

with penalties for similar offenses in the States.

(4) The Commission shall review and promulgate amend-

ments to the guidelines, if appropriate, to account for the gen-

eral problem of recidivism in cases of sex offenses, the severity

of the offense, and its devastating effects on survivors.

(b) R

EPORT

.—Not later than 180 days after the date of enact-

ment of this Act, the United States Sentencing Commission shall

review and submit to Congress a report containing an analysis of

Federal rape sentencing, accompanied by comment from inde-

pendent experts in the field, describing—

(1) comparative Federal sentences for cases in which the

rape victim is known to the defendant and cases in which the

rape victim is not known to the defendant;

(2) comparative Federal sentences for cases on Federal ter-

ritory and sentences in surrounding States; and

(3) an analysis of the effect of rape sentences on popu-

lations residing primarily on Federal territory relative to the

impact of other Federal offenses in which the existence of Fed-

eral jurisdiction depends upon the offense’s being committed on

Federal territory.

SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.

(a) S

EXUAL

BUSE

.—See 18 U.S.C. 2248

(b) S

EXUAL

XPLOITATION AND

THER

BUSE OF

HILDREN

.—

See 18 U.S.C. 2259

SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AND WITNESS CO-

ORDINATORS.

There are authorized to be appropriated for the United States

attorneys for the purpose of appointing victim and witness coordi-

nators for the prosecution of sex crimes and domestic violence

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125 Sec. 40131 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

crimes where applicable (such as the District of Columbia),

$1,000,000 for each of fiscal years 2023 through 2027.

CHAPTER 2—LAW ENFORCEMENT AND PROSECUTION

GRANTS TO REDUCE VIOLENT CRIMES AGAINST

WOMEN

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

See part T of title I of the Omnibus Crime Control and Safe

Streets Act of 2168 (42 U.S.C. 3711 et seq.) relating to grants to

combat violent crimes against women

CHAPTER 3—SAFETY FOR WOMEN IN PUBLIC TRANSIT

AND PUBLIC PARKS

SEC. 40131. ø34 U.S.C. 12301¿ GRANTS FOR CAPITAL IMPROVEMENTS TO

PREVENT CRIME IN PUBLIC TRANSPORTATION.

(a) G

ENERAL

URPOSE

.—There is authorized to be appropriated

not to exceed $10,000,000, for the Secretary of Transportation (re-

ferred to in this section as the ‘‘Secretary’’) to make capital grants

for the prevention of crime and to increase security in existing and

future public transportation systems. None of the provisions of this

Act may be construed to prohibit the financing of projects under

this section where law enforcement responsibilities are vested in a

local public body other than the grant applicant.

(b) G

RANTS FOR

IGHTING

, C

AMERA

URVEILLANCE

AND

ECU

RITY

HONES

.—

(1) From the sums authorized for expenditure under this

section for crime prevention, the Secretary is authorized to

make grants and loans to States and local public bodies or

agencies for the purpose of increasing the safety of public

transportation by—

(A) increasing lighting within or adjacent to public

transportation systems, including bus stops, subway sta-

tions, parking lots, or garages;

(B) increasing camera surveillance of areas within and

adjacent to public transportation systems, including bus

stops, subway stations, parking lots, or garages;

forcement or security personnel in areas within or adjacent

to public transportation systems, including bus stops, sub-

way stations, parking lots, or garages; or

(D) any other project intended to increase the security

and safety of existing or planned public transportation sys-

tems.

(2) From the sums authorized under this section, at least

75 percent shall be expended on projects of the type described

in subsection (b)(1) (A) and (B).

EPORTING

.—All grants under this section are contingent

upon the filing of a report with the Secretary and the Department

of Justice, Office of Victims of Crime, showing crime rates in or ad-

jacent to public transportation before, and for a 1-year period after,

the capital improvement. Statistics shall be compiled on the basis

of the type of crime, sex, race, ethnicity, language, and relationship

of victim to the offender.

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126 Sec. 40132 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(d) I

NCREASED

EDERAL

HARE

.—Notwithstanding any other

provision of law, the Federal share under this section for each cap-

ital improvement project that enhances the safety and security of

public transportation systems and that is not required by law (in-

cluding any other provision of this Act) shall be 90 percent of the

net project cost of the project.

(e) S

PECIAL

RANTS FOR

ROJECTS

TUDY

NCREASING

CURITY FOR

OMEN

.—From the sums authorized under this sec-

tion, the Secretary shall provide grants and loans for the purpose

of studying ways to reduce violent crimes against women in public

transit through better design or operation of public transit systems.

(f) G

ENERAL

EQUIREMENTS

.—All grants or loans provided

under this section shall be subject to the same terms, conditions,

requirements, and provisions applicable to grants and loans as

specified in section 5321 of title 49, United States Code.

SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT

CRIME IN NATIONAL PARKS.

See National Park System Crime Prevention Assistance

SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT

CRIME IN PUBLIC PARKS.

See Capital Improvement and Other Projects to Reduce Crime

in Urban Parks and Recreation Areas

CHAPTER 4—NEW EVIDENTIARY RULES

SEC. 40141. ø28 U.S.C. 2074 nt¿ SEXUAL HISTORY IN CRIMINAL AND

CIVIL CASES.

See Rule 412 of the Federal Rules of Evidence relating to rel-

evance of alleged victim’s past sexual behavior or alleged sexual

predisposition

CHAPTER 5—ASSISTANCE TO VICTIMS OF SEXUAL

ASSAULT

SEC. 40151. øRepealed by P.L. 106–386¿

SEC. 40152. ø34 U.S.C. 12311¿ TRAINING PROGRAMS.

(a) I

ENERAL

.—The Attorney General, after consultation

with victim advocates and individuals who have expertise in treat-

ing sex offenders, shall establish criteria and develop training pro-

grams to assist probation and parole officers and other personnel

who work with released sex offenders in the areas of—

(1) case management;

(2) supervision; and

(3) relapse prevention.

(b) T

RAINING

ROGRAMS

.—The Attorney General shall ensure,

to the extent practicable, that training programs developed under

subsection (a) are available in geographically diverse locations

throughout the country.

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $5,000,000 for each of

fiscal years 2023 through 2027.

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127 Sec. 40153 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 40153. ø34 U.S.C. 12312¿ CONFIDENTIALITY OF COMMUNICATIONS

BETWEEN SEXUAL ASSAULT OR DOMESTIC VIOLENCE

VICTIMS AND THEIR COUNSELORS.

(a) S

TUDY AND

EVELOPMENT OF

ODEL

EGISLATION

.—The

Attorney General shall—

(1) study and evaluate the manner in which the States

have taken measures to protect the confidentiality of commu-

nications between sexual assault or domestic violence victims

and their therapists or trained counselors;

(2) develop model legislation that will provide the max-

imum protection possible for the confidentiality of such commu-

nications, within any applicable constitutional limits, taking

into account the following factors:

(A) the danger that counseling programs for victims of

sexual assault and domestic violence will be unable to

achieve their goal of helping victims recover from the trau-

ma associated with these crimes if there is no assurance

that the records of the counseling sessions will be kept

confidential;

(B) consideration of the appropriateness of an absolute

privilege for communications between victims of sexual as-

sault or domestic violence and their therapists or trained

counselors, in light of the likelihood that such an absolute

privilege will provide the maximum guarantee of confiden-

tiality but also in light of the possibility that such an abso-

lute privilege may be held to violate the rights of criminal

defendants under the Federal or State constitutions by de-

nying them the opportunity to obtain exculpatory evidence

and present it at trial; and

of confidential communications between victims of these

crimes and their counselors, short of an absolute privilege,

are most likely to ensure that the counseling programs will

not be undermined, and specifically whether no such dis-

closure should be allowed unless, at a minimum, there has

been a particularized showing by a criminal defendant of

a compelling need for records of such communications, and

adequate procedural safeguards are in place to prevent un-

necessary or damaging disclosures; and

(3) prepare and disseminate to State authorities the find-

ings made and model legislation developed as a result of the

study and evaluation.

(b) R

EPORT AND

ECOMMENDATIONS

.—Not later than the date

that is 1 year after the date of enactment of this Act, the Attorney

General shall report to the Congress—

(1) the findings of the study and the model legislation re-

quired by this section; and

(2) recommendations based on the findings on the need for

and appropriateness of further action by the Federal Govern-

ment.

EVIEW OF

EDERAL

VIDENTIARY

ULES

.—The Judicial

Conference of the United States shall evaluate and report to Con-

gress its views on whether the Federal Rules of Evidence should

be amended, and if so, how they should be amended, to guarantee

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128 Sec. 40154 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

that the confidentiality of communications between sexual assault

victims and their therapists or trained counselors will be ade-

quately protected in Federal court proceedings.

SEC. 40154. ø34 U.S.C. 12313¿ INFORMATION PROGRAMS.

The Attorney General shall compile information regarding sex

offender treatment programs and ensure that information regard-

ing community treatment programs in the community into which

a convicted sex offender is released is made available to each per-

son serving a sentence of imprisonment in a Federal penal or cor-

rectional institution for a commission of an offense under chapter

109A of title 18, United States Code, or for the commission of a

similar offense, including halfway houses and psychiatric institu-

tions.

SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEX-

UAL ABUSE OF RUNAWAY, HOMELESS, AND STREET

YOUTH.

See part A of the Runaway and Homeless Youth Act relating

to grants to prevent sexual abuse and exploitation

SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.

Amendments to the Victims of Child Abuse Act of 1990 and

Omnibus Crime Control and Safe Streets Act of 1968.

Subtitle B—Safe Homes for Women

SEC. 40201. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This title may be cited as the ‘‘Safe Homes for Women Act of

1994’’.

CHAPTER 1—NATIONAL DOMESTIC VIOLENCE HOTLINE

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

See section 316 of the Family Violence and Prevention and

Services Act relating to grants for prevention of sexual abuse and

exploitation

CHAPTER 2—INTERSTATE ENFORCEMENT

SEC. 40221. INTERSTATE ENFORCEMENT.

See chapter 110A of title 18 relating to domestic violence

CHAPTER 3—ARREST POLICIES IN DOMESTIC

VIOLENCE CASES

SEC. 40231. ENCOURAGING ARREST POLICIES.

See part U of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 relating to grants to encourage arrest policies

for domestic violence

CHAPTER 4—SHELTER GRANTS

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

See section 310(a) of the Family Violence and Prevention and

Services Act

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129 Sec. 40291 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

CHAPTER 5—YOUTH EDUCATION

SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.

See section 317 of the Family Violence and Prevention and

Services Act relating to youth education and domestic violence

CHAPTER 6—COMMUNITY PROGRAMS ON DOMESTIC

VIOLENCE

SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMES-

TIC VIOLENCE.

See section 318 of the Family Violence and Prevention and

Services Act relating to demonstration grants for community initia-

tives

CHAPTER 7—FAMILY VIOLENCE PREVENTION AND

SERVICES ACT AMENDMENTS

SEC. 40271. GRANTEE REPORTING.

See section 303(a) of the Family Violence and Prevention and

Services Act

CHAPTER 8—CONFIDENTIALITY FOR ABUSED PERSONS

SEC. 40281. ø34 U.S.C. 12321¿ CONFIDENTIALITY OF ABUSED PERSON’S

ADDRESS.

(a) R

EGULATIONS

.—Not later than 90 days after the date of en-

actment of this Act, the United States Postal Service shall promul-

gate regulations to secure the confidentiality of domestic violence

shelters and abused persons’ addresses.

(b) R

EQUIREMENTS

.—The regulations under subsection (a) shall

require—

(1) in the case of an individual, the presentation to an ap-

propriate postal official of a valid, outstanding protection order;

and

(2) in the case of a domestic violence shelter, the presen-

tation to an appropriate postal authority of proof from a State

domestic violence coalition that meets the requirements of sec-

tion 311 of the Family Violence Prevention and Services Act

(42 U.S.C. 10410)) verifying that the organization is a domestic

violence shelter.

ISCLOSURE FOR

ERTAIN

URPOSES

.—The regulations

under subsection (a) shall not prohibit the disclosure of addresses

to State or Federal agencies for legitimate law enforcement or

other governmental purposes.

(d) E

XISTING

OMPILATIONS

.—Compilations of addresses exist-

ing at the time at which order is presented to an appropriate postal

official shall be excluded from the scope of the regulations under

subsection (a).

CHAPTER 9—DATA AND RESEARCH

SEC. 40291. ø34 U.S.C. 12331¿ RESEARCH AGENDA.

(a) R

EQUEST FOR

ONTRACT

.—The Attorney General shall re-

quest the National Academy of Sciences, through its National Re-

search Council, to enter into a contract to develop a research agen-

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130 Sec. 40292 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

da to increase the understanding and control of violence against

women, including rape and domestic violence. In furtherance of the

contract, the National Academy shall convene a panel of nationally

recognized experts on violence against women, in the fields of law,

medicine, criminal justice, and direct services to victims and ex-

perts on domestic violence in diverse, ethnic, social, and language

minority communities and the social sciences. In setting the agen-

da, the Academy shall focus primarily on preventive, educative, so-

cial, and legal strategies, including addressing the needs of under-

served populations.

(b) D

ECLINATION OF

EQUEST

.—If the National Academy of

Sciences declines to conduct the study and develop a research agen-

da, it shall recommend a nonprofit private entity that is qualified

to conduct such a study. In that case, the Attorney General shall

carry out subsection (a) through the nonprofit private entity rec-

ommended by the Academy. In either case, whether the study is

conducted by the National Academy of Sciences or by the nonprofit

group it recommends, the funds for the contract shall be made

available from sums appropriated for the conduct of research by

the National Institute of Justice.

EPORT

.—The Attorney General shall ensure that no later

than 1 year after the date of enactment of this Act, the study re-

quired under subsection (a) is completed and a report describing

the findings made is submitted to the Committee on the Judiciary

of the Senate and the Committee on the Judiciary of the House of

Representatives.

SEC. 40292. ø34 U.S.C. 12332¿ STATE DATABASES.

(a) I

ENERAL

.—The Attorney General shall study and report

to the States and to Congress on how the States may collect cen-

tralized databases on the incidence of sexual and domestic violence

offenses within a State.

(b) C

ONSULTATION

.—In conducting its study, the Attorney Gen-

eral shall consult persons expert in the collection of criminal justice

data, State statistical administrators, law enforcement personnel,

and nonprofit nongovernmental agencies that provide direct serv-

ices to victims of domestic violence. The final report shall set forth

the views of the persons consulted on the recommendations.

EPORT

.—The Attorney General shall ensure that no later

than 1 year after the date of enactment of this Act, the study re-

quired under subsection (a) is completed and a report describing

the findings made is submitted to the Committees on the Judiciary

of the Senate and the House of Representatives.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $200,000 for fiscal year

1996.

SEC. 40293. ø34 U.S.C. 12333¿ NUMBER AND COST OF INJURIES.

(a) S

TUDY

.—The Secretary of Health and Human Services, act-

ing through the Centers for Disease Control Injury Control Divi-

sion, shall conduct a study to obtain a national projection of the in-

cidence of injuries resulting from domestic violence, the cost of inju-

ries to health care facilities, and recommend health care strategies

for reducing the incidence and cost of such injuries.

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131 Sec. 40295 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section—$100,000 for fiscal

year 1996.

CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD

ABUSE ENFORCEMENT

SEC. 40295. ø34 U.S.C. 12341¿ RURAL DOMESTIC VIOLENCE, DATING VIO-

LENCE, SEXUAL ASSAULT, STALKING, AND CHILD ABUSE

ENFORCEMENT ASSISTANCE.

(a) P

URPOSES

.—The purposes of this section are—

(1) to identify, assess, and appropriately respond to child,

youth, and adult victims of domestic violence, sexual assault,

dating violence, and stalking in rural communities, by encour-

aging collaboration among—

(A) domestic violence, dating violence, sexual assault,

and stalking victim service providers;

(B) law enforcement agencies;

(D) courts;

(E) other criminal justice service providers;

(F) human and community service providers;

(G) educational institutions; and

(H) health care providers, including sexual assault fo-

rensic examiners;

(2) to establish and expand nonprofit, nongovernmental,

State, tribal, territorial, and local government victim services

in rural communities to child, youth, and adult victims;

(3) to increase the safety and well-being of women and

children in rural communities, by—

(A) dealing directly and immediately with domestic vi-

olence, sexual assault, dating violence, and stalking occur-

ring in rural communities; and

(B) creating and implementing strategies to increase

awareness and prevent domestic violence, sexual assault,

dating violence, and stalking; and

(4) to develop, expand, implement, and improve the quality

of sexual assault forensic medical examination or sexual as-

sault nurse examiner programs.

(b) G

RANTS

UTHORIZED

.—The Attorney General, acting

through the Director of the Office on Violence Against Women (re-

ferred to in this section as the ‘‘Director’’), may award grants to

States, Indian tribes, local governments, and nonprofit, public or

private entities, including tribal nonprofit organizations, to carry

out programs serving rural areas or rural communities that ad-

dress domestic violence, dating violence, sexual assault, and stalk-

ing by—

(1) implementing, expanding, and establishing cooperative

efforts and projects among law enforcement officers, prosecu-

tors, victim service providers, and other related parties to in-

vestigate and prosecute incidents of domestic violence, dating

violence, sexual assault, and stalking, including developing

multidisciplinary teams focusing on high risk cases with the

goal of preventing domestic and dating violence homicides;

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(2) providing treatment, counseling, advocacy, legal assist-

ance, and other long-term and short-term victim and popu-

lation specific services to adult and minor victims of domestic

violence, dating violence, sexual assault, and stalking in rural

communities, including assistance in immigration matters;

(3) working in cooperation with the community to develop

education and prevention strategies directed toward such

issues; and

(4) developing, enlarging, or strengthening programs ad-

dressing sexual assault, including sexual assault forensic ex-

aminer programs, Sexual Assault Response Teams, law en-

forcement training, and programs addressing rape kit backlogs;

(5) developing programs and strategies that focus on the

specific needs of victims of domestic violence, dating violence,

sexual assault, and stalking who reside in remote rural and

geographically isolated areas, including addressing the chal-

lenges posed by the lack of access to quality forensic sexual as-

sault examinations by trained health care providers,shelters,

and victims services, and limited law enforcement resources

and training, and providing training and resources to Commu-

nity Health Aides involved in the delivery of Indian Health

Service programs.

SE OF

UNDS

.—Funds appropriated pursuant to this sec-

tion shall be used only for specific programs and activities ex-

pressly described in subsection (a).

(d) A

LLOTMENTS AND

RIORITIES

.—

(1) A

LLOTMENT FOR INDIAN TRIBES

.—

(A) I

N GENERAL

.—Not less than 10 percent of the total

amount available under this section for each fiscal year

shall be available for grants under the program authorized

by section 2015 of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3796gg–10).

(B) A

PPLICABILITY OF PART

.—The requirements of this

section shall not apply to funds allocated for the program

described in subparagraph (A).

(2) A

LLOTMENT FOR SEXUAL ASSAULT

.—

(A) I

N GENERAL

.—Not less than 25 percent of the total

amount appropriated in a fiscal year under this section

shall fund services that meaningfully address sexual as-

sault in rural communities, however at such time as the

amounts appropriated reach the amount of $45,000,000,

the percentage allocated shall rise to 30 percent of the

total amount appropriated, at such time as the amounts

appropriated reach the amount of $50,000,000, the per-

centage allocated shall rise to 35 percent of the total

amount appropriated, and at such time as the amounts ap-

propriated reach the amount of $55,000,000, the percent-

age allocated shall rise to 40 percent of the amounts ap-

propriated.

(B) M

ULTIPLE PURPOSE APPLICATIONS

.—Nothing in this

section shall prohibit any applicant from applying for fund-

ing to address sexual assault, domestic violence, stalking,

or dating violence in the same application.

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133 Sec. 40299 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) A

LLOTMENT FOR TECHNICAL ASSISTANCE

.—Of the

amounts appropriated for each fiscal year to carry out this sec-

tion, not more than 8 percent may be used by the Director for

technical assistance costs. Of the amounts appropriated in this

subsection, no less than 25 percent of such amounts shall be

available to a nonprofit, nongovernmental organization or orga-

nizations whose focus and expertise is in addressing sexual as-

sault to provide technical assistance to sexual assault grantees.

(4) U

NDERSERVED POPULATIONS

.—In awarding grants

under this section, the Director shall give priority to the needs

of underserved populations.

(5) A

LLOCATION OF FUNDS FOR RURAL STATES

.—Not less

than 75 percent of the total amount made available for each

fiscal year to carry out this section shall be allocated to eligible

entities located in rural States.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There are authorized to be appropriated

$100,000,000 for each of fiscal years 2023 through 2027 to

carry out this section.

(2) A

DDITIONAL FUNDING

.—In addition to funds received

through a grant under subsection (b), a law enforcement agen-

cy may use funds received through a grant under part Q of

title I of the Omnibus Crime Control and Safe Streets Act of

1968 (42 U.S.C. 3796dd et seq.) to accomplish the objectives of

this section.

CHAPTER 11—TRANSITIONAL HOUSING ASSISTANCE

GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-

ING VIOLENCE, SEXUAL ASSAULT, OR STALKING

SEC. 40299. ø34 U.S.C. 12351¿ TRANSITIONAL HOUSING ASSISTANCE

GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING

VIOLENCE, SEXUAL ASSAULT, OR STALKING.

(a) I

ENERAL

.—The Attorney General, acting in consultation

with the Director of the Office on Violence Against Women of the

Department of Justice, the Department of Housing and Urban De-

velopment, and the Department of Health and Human Services,

shall award grants under this section to States, units of local gov-

ernment, Indian tribes, and other organizations, including domestic

violence and sexual assault victim service providers, domestic vio-

lence and sexual assault coalitions, other nonprofit, nongovern-

mental organizations, population-specific organizations, or commu-

nity-based and culturally specific organizations, that have a docu-

mented history of effective work concerning domestic violence, dat-

ing violence, sexual assault, or stalking (referred to in this section

as the ‘‘recipient’’) to carry out programs to provide assistance to

minors, adults, and their dependents—

(1) who are homeless, or in need of transitional housing or

other housing assistance, as a result of a situation of domestic

violence, dating violence, sexual assault, or stalking; and

(2) for whom emergency shelter services or other crisis

intervention services are unavailable or insufficient.

(b) G

RANTS

.—Grants awarded under this section may be used

for programs that provide—

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134 Sec. 40299 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. The period probably should be a semicolon.

(1) transitional housing, including funding for the oper-

ating expenses of newly developed or existing transitional

housing.

(2) short-term housing assistance, including rental or utili-

ties payments assistance and assistance with related expenses

such as payment of security deposits and other costs incidental

to relocation to transitional housing for persons described in

subsection (a); and

(3) support services designed to enable a minor, an adult,

or a dependent of such minor or adult, who is fleeing a situa-

tion of domestic violence, dating violence, sexual assault, or

stalking to—

(A) locate and secure permanent housing;

(B) secure employment, including obtaining employ-

ment counseling, occupational training, job retention coun-

seling, and counseling concerning re-entry in to the work-

force; and

minor, adult, or dependent with services, such as transpor-

tation, counseling, child care services, case management,

and other assistance. Participation in the support services

shall be voluntary. Receipt of the benefits of the housing

assistance described in paragraph (2) shall not be condi-

tioned upon the participation of the youth, adults, or their

dependents in any or all of the support services offered

them.

URATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), a

minor, an adult, or a dependent, who receives assistance under

this section shall receive that assistance for not more than 24

months.

(2) W

AIVER

.—The recipient of a grant under this section

may waive the restriction under paragraph (1) for not more

than an additional 6 month period with respect to any minor,

adult, or dependent, who—

(A) has made a good-faith effort to acquire permanent

housing; and

(B) has been unable to acquire permanent housing.

(d) A

PPLICATION

.—

(1) I

N GENERAL

.—Each eligible entity desiring a grant

under this section shall submit an application to the Attorney

General at such time, in such manner, and accompanied by

such information as the Attorney General may reasonably re-

quire.

(2) C

ONTENTS

.—Each application submitted pursuant to

paragraph (1) shall—

(A) describe the activities for which assistance under

this section is sought;

(B) provide assurances that any supportive services of-

fered to participants in programs developed under sub-

section (b)(3) are voluntary and that refusal to receive such

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As Amended Through P.L. 117-315, Enacted December 27, 2022

135 Sec. 40299 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Paragraph (4) of section 3(b) of Public Law 109–162 provides as follows:

(4) T

RANSITIONAL HOUSING ASSISTANCE GRANTS FOR CHILD VICTIMS OF DOMESTIC VIOLENCE

STALKING

OR SEXUAL ASSAULT

.—Section 40299(f) of the Violence Against Women Act of

1994 (42 U.S.C. 13975(f)) is amended by striking ‘‘shall annually prepare and submit to the

Committee on the Judiciary of the House of Representatives and the Committee on the Ju-

diciary of the Senate a report that contains a compilation of the information contained in

Continued

services shall not be grounds for termination from the pro-

gram or eviction from the victim’s housing; and

General determines to be essential to ensure compliance

with the requirements of this section.

(3) A

PPLICATION

.—Nothing in this subsection shall be con-

strued to require—

(A) victims to participate in the criminal justice sys-

tem in order to receive services; or

(B) domestic violence advocates to breach client con-

fidentiality.

(e) R

EPORT TO THE

TTORNEY

ENERAL

.—

(1) I

N GENERAL

.—A recipient of a grant under this section

shall annually prepare and submit to the Attorney General a

report describing—

(A) the number of minors, adults, and dependents as-

sisted under this section; and

(B) the types of housing assistance and support serv-

ices provided under this section.

(2) C

ONTENTS

.—Each report prepared and submitted pur-

suant to paragraph (1) shall include information regarding—

(A) the purpose and amount of housing assistance pro-

vided to each minor, adult, or dependent, assisted under

this section and the reason for that assistance;

(B) the number of months each minor, adult, or de-

pendent, received assistance under this section;

who—

(i) were eligible to receive assistance under this

section; and

(ii) were not provided with assistance under this

section solely due to a lack of available housing;

(D) the type of support services provided to each

minor, adult, or dependent, assisted under this section;

and

(E) the client population served and the number of in-

dividuals requesting services that the transitional housing

program is unable to serve as a result of a lack of re-

sources.

(f) R

EPORT TO

ONGRESS

.—

(1) R

EPORTING REQUIREMENT

.—The Attorney General, with

the Director of the Violence Against Women Office, shall pre-

pare and submit to the Committee on the Judiciary of the

House of Representatives and the Committee on the Judiciary

of the Senate a report that contains a compilation of the infor-

mation contained in the report submitted under subsection (e)

of this section not later than 1 month after the end of each

even-numbered fiscal year

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As Amended Through P.L. 117-315, Enacted December 27, 2022

136 Sec. 40299 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

the report submitted under subsection (e) øof this section¿.’’ and inserting ‘‘shall prepare

and submit to the Committee on the Judiciary of the House of Representatives and the

Committee on the Judiciary of the Senate a report that contains a compilation of the infor-

mation contained in the report submitted under subsection (e) of this section not later than

1 month after the end of each even-numbered fiscal year.’’.

The phrase ‘‘of this section’’ in the matter purported to be struck did not appear in law, but

the amendment was executed to reflect the probable intent of Congress. Also, section 1135(e)

of such public law amends subsection (f) by doing a very similar amendment (not reflected here).

The amendment to strike ‘‘$40,000,000 for each of fiscal years 2007 through 2011’’ and in-

sert ‘‘$35,000,000 for each of fiscal years 2014 through 2018’’ made by section 602(2)(D)(i) of

Public Law 113–4 was carried out by striking ‘‘$40,000,000 for each of the fiscal years 2007

through 2011’’ to reflect the probable intent of Congress. This provision was subsequently

amended by section 604(2)(A) of division W of Public Law 117–103.

(2) A

VAILABILITY OF REPORT

.—In order to coordinate efforts

to assist the victims of domestic violence, the Attorney Gen-

eral, in coordination with the Director of the Violence Against

Women Office, shall transmit a copy of the report submitted

under paragraph (1) to—

(A) the Office of Community Planning and Develop-

ment at the United States Department of Housing and

Urban Development; and

(B) the Office of Women’s Health at the United States

Department of Health and Human Services.

(g) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There are authorized to be appropriated

to carry out this section $35,000,000 for each of fiscal years

2023 through 2027

(2) M

INIMUM AMOUNT

.—

(A) I

N GENERAL

.—Except as provided in subparagraph

(B), unless all qualified applications submitted by any

States, units of local government, Indian tribes, or organi-

zations within a State for a grant under this section have

been funded, that State, together with the grantees within

the State (other than Indian tribes), shall be allocated in

each fiscal year, not less than 0.75 percent of the total

amount appropriated in the fiscal year for grants pursuant

to this section.

(B) E

XCEPTION

.—The United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Is-

lands shall each be allocated not less than 0.5 percent of

the total amount appropriated in the fiscal year for grants

pursuant to this section.

NDERSERVED POPULATIONS

.—

(i) I

NDIAN TRIBES

.—

(I) I

N GENERAL

.—Not less than 10 percent of

the total amount available under this section for

each fiscal year shall be available for grants under

the program authorized by section 2015 of the

Omnibus Crime Control and Safe Streets Act of

1968 (42 U.S.C. 3796gg–10).

(II) A

PPLICABILITY OF PART

.—The require-

ments of this section shall not apply to funds allo-

cated for the program described in subclause (I).

(ii) Priority shall be given to projects developed

under subsection (b) that primarily serve underserved

populations.

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137 Sec. 40302 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

The second chapter 11 was added to the end of subtitle B by section 505 of Public Law 109–

162. An earlier law (section 611 of P.L. 108–21) added the first chapter 11 at the end of subtitle

(D) Q

UALIFIED APPLICATION DEFINED

.—In this para-

graph, the term ‘‘qualified application’’ means an applica-

tion that—

(i) has been submitted by an eligible applicant;

(ii) does not propose any activities that may com-

promise victim safety, including—

(I) background checks of victims; or

(II) clinical evaluations to determine eligi-

bility for services;

(iii) reflects an understanding of the dynamics of

domestic violence, dating violence, sexual assault, or

stalking; and

(iv) does not propose prohibited activities, includ-

ing mandatory services for victims.

CHAPTER 11—RESEARCH ON EFFECTIVE INTERVEN-

TIONS TO ADDRESS VIOLENCE AGAINST WOMEN

Subtitle C—Civil Rights for Women

SEC. 40301. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Civil Rights Remedies for

Gender-Motivated Violence Act’’.

SEC. 40302. ø34 U.S.C. 12361¿ CIVIL RIGHTS.

(a) P

URPOSE

.—Pursuant to the affirmative power of Congress

to enact this subtitle under section 5 of the Fourteenth Amendment

to the Constitution, as well as under section 8 of Article I of the

Constitution, it is the purpose of this subtitle to protect the civil

rights of victims of gender motivated violence and to promote pub-

lic safety, health, and activities affecting interstate commerce by

establishing a Federal civil rights cause of action for victims of

crimes of violence motivated by gender.

(b) R

IGHT

REE

ROM

RIMES OF

IOLENCE

.—All per-

sons within the United States shall have the right to be free from

crimes of violence motivated by gender (as defined in subsection

(d)).

AUSE OF

CTION

.—A person (including a person who acts

under color of any statute, ordinance, regulation, custom, or usage

of any State) who commits a crime of violence motivated by gender

and thus deprives another of the right declared in subsection (b)

shall be liable to the party injured, in an action for the recovery

of compensatory and punitive damages, injunctive and declaratory

relief, and such other relief as a court may deem appropriate.

(d) D

EFINITIONS

.—For purposes of this section—

(1) the term ‘‘crime of violence motivated by gender’’ means

a crime of violence committed because of gender or on the basis

of gender, and due, at least in part, to an animus based on the

victim’s gender; and

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As Amended Through P.L. 117-315, Enacted December 27, 2022

138 Sec. 40304 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in original. The word ‘‘means’’ probably should appear after ‘‘(A)’’ below.

(2) the term ‘‘crime of violence’’ means

—

(A) an act or series of acts that would constitute a fel-

ony against the person or that would constitute a felony

against property if the conduct presents a serious risk of

physical injury to another, and that would come within the

meaning of State or Federal offenses described in section

16 of title 18, United States Code, whether or not those

acts have actually resulted in criminal charges, prosecu-

tion, or conviction and whether or not those acts were com-

mitted in the special maritime, territorial, or prison juris-

diction of the United States; and

(B) includes an act or series of acts that would con-

stitute a felony described in subparagraph (A) but for the

relationship between the person who takes such action and

the individual against whom such action is taken.

(e) L

IMITATION AND

ROCEDURES

.—

(1) L

IMITATION

.—Nothing in this section entitles a person

to a cause of action under subsection (c) for random acts of vio-

lence unrelated to gender or for acts that cannot be dem-

onstrated, by a preponderance of the evidence, to be motivated

by gender (within the meaning of subsection (d)).

(2) N

O PRIOR CRIMINAL ACTION

.—Nothing in this section

requires a prior criminal complaint, prosecution, or conviction

to establish the elements of a cause of action under subsection

(c).

(3) C

ONCURRENT JURISDICTION

.—The Federal and State

courts shall have concurrent jurisdiction over actions brought

pursuant to this subtitle.

(4) S

UPPLEMENTAL JURISDICTION

.—Neither section 1367 of

title 28, United States Code, nor subsection (c) of this section

shall be construed, by reason of a claim arising under such

subsection, to confer on the courts of the United States juris-

diction over any State law claim seeking the establishment of

a divorce, alimony, equitable distribution of marital property,

or child custody decree.

SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF

THE PRIVACY OF RAPE VICTIMS.

It is the sense of the Senate that news media, law enforcement

officers, and other persons should exercise restraint and respect a

rape victim’s privacy by not disclosing the victim’s identity to the

general public or facilitating such disclosure without the consent of

the victim.

Subtitle D—Equal Justice for Women in

the Courts Act

SEC. 40401. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Equal Justice for Women in

the Courts Act of 1994’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

139 Sec. 40412 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

CHAPTER 1—EDUCATION AND TRAINING FOR JUDGES

AND COURT PERSONNEL IN STATE COURTS

SEC. 40411. ø34 U.S.C. 12371¿ GRANTS AUTHORIZED.

The State Justice Institute may award grants for the purpose

of developing, testing, presenting, and disseminating model pro-

grams to be used by States (as defined in section 202 of the State

Justice Institute Act of 1984 (42 U.S.C. 10701)) in training judges

and court personnel in the laws of the States and by Indian tribes

in training tribal judges and court personnel in the laws of the

tribes on rape, sexual assault, domestic violence, dating violence,

and other crimes of violence motivated by the victim’s gender.

Nothing shall preclude the attendance of tribal judges and court

personnel at programs funded under this section for States to train

judges and court personnel on the laws of the States.

SEC. 40412. ø34 U.S.C. 12372¿ TRAINING PROVIDED BY GRANTS.

Training provided pursuant to grants made under this subtitle

may include current information, existing studies, or current data

on—

(1) the nature and incidence of rape and sexual assault by

strangers and nonstrangers, marital rape, and incest;

(2) the underreporting of rape, sexual assault, and child

sexual abuse;

(3) the physical, psychological, and economic impact of

rape and sexual assault on the victim, the costs to society, and

the implications for sentencing;

(4) the psychology of sex offenders, their high rate of re-

cidivism, and the implications for sentencing;

(5) the historical evolution of laws and attitudes on rape

and sexual assault;

(6) sex stereotyping of female and male victims of rape and

sexual assault, racial stereotyping of rape victims and defend-

ants, and the impact of such stereotypes on credibility of wit-

nesses, sentencing, and other aspects of the administration of

justice;

(7) application of rape shield laws and other limits on in-

troduction of evidence that may subject victims to improper sex

stereotyping and harassment in both rape and nonrape cases,

including the need for sua sponte judicial intervention in inap-

propriate cross-examination;

(8) the use of expert witness testimony on rape trauma

syndrome, child sexual abuse accommodation syndrome, post-

traumatic stress syndrome, and similar issues;

(9) the legitimate reasons why victims of rape, sexual as-

sault, and incest may refuse to testify against a defendant;

(10) the nature and incidence of domestic violence and dat-

ing violence (as defined in section 2003 of title I of the Omni-

bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3996gg–2));

(11) the physical, psychological, and economic impact of do-

mestic violence and dating violence on the victim, the costs to

society, and the implications for court procedures and sen-

tencing;

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140 Sec. 40413 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(12) the psychology and self-presentation of batterers and

victims and the implications for court proceedings and credi-

bility of witnesses;

(13) sex stereotyping of female and male victims of domes-

tic violence, myths about presence or absence of domestic vio-

lence and dating violence in certain racial, ethnic, religious, or

socioeconomic groups, and their impact on the administration

of justice;

(14) historical evolution of laws and attitudes on domestic

violence;

(15) proper and improper interpretations of the defenses of

self-defense and provocation, and the use of expert witness tes-

timony on battered woman syndrome;

(16) the likelihood of retaliation, recidivism, and escalation

of violence by batterers, and the potential impact of incarcer-

ation and other meaningful sanctions for acts of domestic vio-

lence including violations of orders of protection;

(17) economic, psychological, social and institutional rea-

sons for victims’ inability to leave the batterer, to report do-

mestic violence or dating violence or to follow through on com-

plaints, including the influence of lack of support from police,

judges, and court personnel, and the legitimate reasons why

victims of domestic violence or dating violence may refuse to

testify against a defendant;

(18) the need for orders of protection, and the implications

of mutual orders of protection, dual arrest policies, and medi-

ation in domestic violence and dating violence cases;

(19) recognition of and response to gender-motivated

crimes of violence other than rape, sexual assault and domestic

violence, such as mass or serial murder motivated by the gen-

der of the victims;

(20) the issues raised by domestic violence in determining

custody and visitation, including how to protect the safety of

the child and of a parent who is not a predominant aggressor

of domestic violence, the legitimate reasons parents may report

domestic violence, the ways domestic violence may relate to an

abuser’s desire to seek custody, and evaluating expert testi-

mony in custody and visitation determinations involving do-

mestic violence;

(21) the issues raised by child sexual assault in deter-

mining custody and visitation, including how to protect the

safety of the child, the legitimate reasons parents may report

child sexual assault, and evaluating expert testimony in cus-

tody and visitation determinations involving child sexual as-

sault, including the current scientifically-accepted and empiri-

cally valid research on child sexual assault; and

(22) the extent to which addressing domestic violence and

victim safety contributes to the efficient administration of jus-

tice.

SEC. 40413. ø34 U.S.C. 12373¿ COOPERATION IN DEVELOPING PRO-

GRAMS IN MAKING GRANTS UNDER THIS TITLE.

The State Justice Institute shall ensure that model programs

carried out pursuant to grants made under this subtitle are devel-

oped with the participation of law enforcement officials, public and

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As Amended Through P.L. 117-315, Enacted December 27, 2022

141 Sec. 40421 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

private nonprofit victim advocates, including national, State, tribal,

and local domestic violence and sexual assault programs and coali-

tions, legal experts, prosecutors, defense attorneys, and recognized

experts on gender bias in the courts.

SEC. 40414. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There are authorized to be appropriated to

carry out this chapter $600,000 for fiscal year 1996 and $1,500,000

for each of the fiscal years 2001 through 2005.

(b) M

ODEL

ROGRAMS

.—Of amounts appropriated under this

section, the State Justice Institute shall expend not less than 40

percent on model programs regarding domestic violence and not

less than 40 percent on model programs regarding rape and sexual

assault.

TATE

USTICE

NSTITUTE

.—The State Justice Institute may

use up to 5 percent of the funds appropriated under this section for

annually compiling and broadly disseminating (including through

electronic publication) information about the use of funds and

about the projects funded under this section, including any evalua-

tions of the projects and information to enable the replication and

adoption of the projects.

CHAPTER 2—EDUCATION AND TRAINING FOR JUDGES

AND COURT PERSONNEL IN FEDERAL COURTS

SEC. 40421. ø34 U.S.C. 12381¿ AUTHORIZATIONS OF CIRCUIT STUDIES;

EDUCATION AND TRAINING GRANTS.

(a) S

TUDIES

.—In order to gain a better understanding of the

nature and the extent of gender bias in the Federal courts, the cir-

cuit judicial councils are encouraged to conduct studies of the in-

stances, if any, of gender bias in their respective circuits and to im-

plement recommended reforms.

(b) M

ATTERS FOR

XAMINATION

.—The studies under subsection

(a) may include an examination of the effects of gender on—

(1) the treatment of litigants, witnesses, attorneys, jurors,

and judges in the courts, including before magistrate and

bankruptcy judges;

(2) the interpretation and application of the law, both civil

and criminal;

(3) treatment of defendants in criminal cases;

(4) treatment of victims of violent crimes in judicial pro-

ceedings;

(5) sentencing;

(6) sentencing alternatives and the nature of supervision of

probation and parole;

(7) appointments to committees of the Judicial Conference

and the courts;

(8) case management and court sponsored alternative dis-

pute resolution programs;

(9) the selection, retention, promotion, and treatment of

employees;

(10) appointment of arbitrators, experts, and special mas-

ters;

(11) the admissibility of the victim’s past sexual history in

civil and criminal cases; and

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142 Sec. 40422 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in original. Probably should be ‘‘Administrative Office of the United States Courts’’.

(12) the aspects of the topics listed in section 40412 that

pertain to issues within the jurisdiction of the Federal courts.

LEARINGHOUSE

.—The Administrative Office of the United

States Courts shall act as a clearinghouse to disseminate any re-

ports and materials issued by the gender bias task forces under

subsection (a) and to respond to requests for such reports and ma-

terials. The gender bias task forces shall provide the Administra-

tive Office of the Courts of the United States

with their reports

and related material.

(d) C

ONTINUING

DUCATION AND

RAINING

ROGRAMS

.—The

Federal Judicial Center, in carrying out section 620(b)(3) of title 28,

United States Code, shall include in the educational programs it

prepares, including the training programs for newly appointed

judges, information on the aspects of the topics listed in section

40412 that pertain to issues within the jurisdiction of the Federal

courts, and shall prepare materials necessary to implement this

subsection.

SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated—

(1) to the Salaries and Expenses Account of the Courts of

Appeals, District Courts, and other Judicial Services to carry

out section 40421(a) $500,000 for fiscal year 1996;

(2) to the Federal Judicial Center to carry out section

40421(d) $100,000 for fiscal year 1996 and $500,000 for each

of the fiscal years 2001 through 2005; and

(3) to the Administrative Office of the United States

Courts to carry out section 40421(c) $100,000 for fiscal year

1996.

Subtitle E—Violence Against Women Act

Improvements

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

See 18 U.S.C. 3156(a)(4)(C)

SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VIC-

TIMS BELOW THE AGE OF 16.

See 18 U.S.C. 2245(2)(D)

SEC. 40503. ø34 U.S.C. 12391¿ PAYMENT OF COST OF TESTING FOR SEX-

UALLY TRANSMITTED DISEASES.

(a) F

ICTIMS IN

FFENSE

ASES

.—See section 503(c)(7)

of the Victims’ Rights and Restitution Act of 1990

(b) L

IMITED

ESTING OF

EFENDANTS

.—

(1) C

OURT ORDER

.—The victim of an offense of the type re-

ferred to in subsection (a) may obtain an order in the district

court of the United States for the district in which charges are

brought against the defendant charged with the offense, after

notice to the defendant and an opportunity to be heard, requir-

ing that the defendant be tested for the presence of the etio-

logic agent for acquired immune deficiency syndrome, and that

the results of the test be communicated to the victim and the

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defendant. Any test result of the defendant given to the victim

or the defendant must be accompanied by appropriate coun-

seling.

(2) S

HOWING REQUIRED

.—To obtain an order under para-

graph (1), the victim must demonstrate that—

(A) the defendant has been charged with the offense in

a State or Federal court, and if the defendant has been ar-

rested without a warrant, a probable cause determination

has been made;

(B) the test for the etiologic agent for acquired im-

mune deficiency syndrome is requested by the victim after

appropriate counseling; and

the health of the victim of the alleged offense and the

court determines that the alleged conduct of the defendant

created a risk of transmission, as determined by the Cen-

ters for Disease Control, of the etiologic agent for acquired

immune deficiency syndrome to the victim.

(3) F

OLLOW

UP TESTING

.—The court may order follow-up

tests and counseling under paragraph (b)(1) if the initial test

was negative. Such follow-up tests and counseling shall be per-

formed at the request of the victim on dates that occur six

months and twelve months following the initial test.

(4) T

ERMINATION OF TESTING REQUIREMENTS

.—An order for

follow-up testing under paragraph (3) shall be terminated if

the person obtains an acquittal on, or dismissal of, all charges

of the type referred to in subsection (a).

(5) C

ONFIDENTIALITY OF TEST

.—The results of any test or-

dered under this subsection shall be disclosed only to the vic-

tim or, where the court deems appropriate, to the parent or

legal guardian of the victim, and to the person tested. The vic-

tim may disclose the test results only to any medical profes-

sional, counselor, family member or sexual partner(s) the vic-

tim may have had since the attack. Any such individual to

whom the test results are disclosed by the victim shall main-

tain the confidentiality of such information.

(6) D

ISCLOSURE OF TEST RESULTS

.—The court shall issue

an order to prohibit the disclosure by the victim of the results

of any test performed under this subsection to anyone other

than those mentioned in paragraph (5). The contents of the

court proceedings and test results pursuant to this section

shall be sealed. The results of such test performed on the de-

fendant under this section shall not be used as evidence in any

criminal trial.

(7) C

ONTEMPT FOR DISCLOSURE

.—Any person who discloses

the results of a test in violation of this subsection may be held

in contempt of court.

ENALTIES FOR

NTENTIONAL

RANSMISSION OF

HIV.—Not

later than 6 months after the date of enactment of this Act, the

United States Sentencing Commission shall conduct a study and

prepare and submit to the committees on the Judiciary of the Sen-

ate and the House of Representatives a report concerning rec-

ommendations for the revision of sentencing guidelines that relate

to offenses in which an HIV infected individual engages in sexual

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activity if the individual knows that he or she is infected with HIV

and intends, through such sexual activity, to expose another to

HIV.

SEC. 40504. EXTENSION AND STRENGTHENING OF RESTITUTION.

See 18 U.S.C. 3663(b)(4)

SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUS-

PENSION OF FEDERAL BENEFITS.

See 18 U.S.C. 3663(i)

SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL AS-

SAULT.

(a) S

TUDY

.—The Attorney General, in consultation with the

Secretary of Education, shall provide for a national baseline study

to examine the scope of the problem of campus sexual assaults and

the effectiveness of institutional and legal policies in addressing

such crimes and protecting victims. The Attorney General may uti-

lize the Bureau of Justice Statistics, the National Institute of Jus-

tice, and the Office for Victims of Crime in carrying out this sec-

tion.

(b) R

EPORT

.—Based on the study required by subsection (a)

and data collected under the Student Right-To-Know and Campus

Security Act (20 U.S.C. 1001 note; Public Law 101–542) and

amendments made by that Act, the Attorney General shall prepare

a report including an analysis of—

(1) the number of reported allegations and estimated num-

ber of unreported allegations of campus sexual assaults, and to

whom the allegations are reported (including authorities of the

educational institution, sexual assault victim service entities,

and local criminal authorities);

(2) the number of campus sexual assault allegations re-

ported to authorities of educational institutions which are re-

ported to criminal authorities;

(3) the number of campus sexual assault allegations that

result in criminal prosecution in comparison with the number

of non-campus sexual assault allegations that result in crimi-

nal prosecution;

(4) Federal and State laws or regulations pertaining spe-

cifically to campus sexual assaults;

(5) the adequacy of policies and practices of educational in-

stitutions in addressing campus sexual assaults and protecting

victims, including consideration of—

(A) the security measures in effect at educational in-

stitutions, such as utilization of campus police and security

guards, control over access to grounds and buildings, su-

pervision of student activities and student living arrange-

ments, control over the consumption of alcohol by students,

lighting, and the availability of escort services;

(B) the articulation and communication to students of

the institution’s policies concerning sexual assaults;

age the reporting of campus sexual assaults to local crimi-

nal authorities, or that may otherwise obstruct justice or

interfere with the prosecution of perpetrators of campus

sexual assaults;

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145 Sec. 40507 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(D) the nature and availability of victim services for

victims of campus sexual assaults;

(E) the ability of educational institutions’ disciplinary

processes to address allegations of sexual assault ade-

quately and fairly;

(F) measures that are taken to ensure that victims are

free of unwanted contact with alleged assailants, and dis-

ciplinary sanctions that are imposed when a sexual assault

is determined to have occurred; and

(G) the grounds on which educational institutions are

subject to lawsuits based on campus sexual assaults, the

resolution of these cases, and measures that can be taken

to avoid the likelihood of lawsuits and civil liability;

(6) in conjunction with the report produced by the Depart-

ment of Education in coordination with institutions of edu-

cation under the Student Right-To-Know and Campus Security

Act (20 U.S.C. 1001 note; Public Law 101–542) and amend-

ments made by that Act, an assessment of the policies and

practices of educational institutions that are of greatest effec-

tiveness in addressing campus sexual assaults and protecting

victims, including policies and practices relating to the par-

ticular issues described in paragraph (5); and

(7) any recommendations the Attorney General may have

for reforms to address campus sexual assaults and protect vic-

tims more effectively, and any other matters that the Attorney

General deems relevant to the subject of the study and report

required by this section.

UBMISSION OF

EPORT

.—The report required by subsection

(b) shall be submitted to the Congress no later than September 1,

1996.

(d) D

EFINITION

.—For purposes of this section, ‘‘campus sexual

assaults’’ includes sexual assaults occurring at institutions of post-

secondary education and sexual assaults committed against or by

students or employees of such institutions.

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out the study required by this section—

$200,000 for fiscal year 1996.

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

(a) R

EPORT

.—Not less than 1 year after the date of enactment

of this Act, the Attorney General and the Secretary of Health and

Human Services shall transmit to the House Committee on Energy

and Commerce, the Senate Committee on Labor and Human Re-

sources, and the Committees on the Judiciary of the Senate and

the House of Representatives a report on the medical and psycho-

logical basis of ‘‘battered women’s syndrome’’ and on the extent to

which evidence of the syndrome has been considered in criminal

trials.

(b) C

OMPONENTS

.—The report under subsection (a) shall in-

clude—

(1) medical and psychological testimony on the validity of

battered women’s syndrome as a psychological condition;

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146 Sec. 40508 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) a compilation of State, tribal, and Federal court cases

in which evidence of battered women’s syndrome was offered in

criminal trials; and

(3) an assessment by State, tribal, and Federal judges,

prosecutors, and defense attorneys of the effects that evidence

of battered women’s syndrome may have in criminal trials.

SEC. 40508. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VIC-

TIMS OF DOMESTIC VIOLENCE.

(a) R

EPORT

.—The Attorney General shall conduct a study of

the means by which abusive spouses may obtain information con-

cerning the addresses or locations of estranged or former spouses,

notwithstanding the desire of the victims to have such information

withheld to avoid further exposure to abuse. Based on the study,

the Attorney General shall transmit a report to Congress includ-

ing—

(1) the findings of the study concerning the means by

which information concerning the addresses or locations of

abused spouses may be obtained by abusers; and

(2) analysis of the feasibility of creating effective means of

protecting the confidentiality of information concerning the ad-

dresses and locations of abused spouses to protect such persons

from exposure to further abuse while preserving access to such

information for legitimate purposes.

(b) U

SE OF

OMPONENTS

.—The Attorney General may use the

National Institute of Justice and the Office for Victims of Crime in

carrying out this section.

SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VI-

OLENCE.

Not later than 1 year after the date of enactment of this Act,

the Attorney General shall complete a study of, and shall submit

to Congress a report and recommendations on, problems of record-

keeping of criminal complaints involving domestic violence. The

study and report shall examine—

(1) the efforts that have been made by the Department of

Justice, including the Federal Bureau of Investigation, to col-

lect statistics on domestic violence; and

(2) the feasibility of requiring that the relationship be-

tween an offender and victim be reported in Federal records of

crimes of aggravated assault, rape, and other violent crimes.

Subtitle F—National Stalker and Domestic

Violence Reduction

SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMA-

TION DATABASES.

(a) A

CCESS AND

NTRY

.—See 28 U.S.C. 534(e)

(b) R

ULEMAKING

.—The Attorney General may make rules to

carry out the subsection added to section 534 of title 28, United

States Code, by subsection (a), after consultation with the officials

charged with managing the National Crime Information Center

and the Criminal Justice Information Services Advisory Policy

Board.

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147 Sec. 40607 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in original. Probably should be followed by ‘‘orders intended to protect victims from stalk-

ing’’.

SEC. 40602. ø34 U.S.C. 12401¿ GRANT PROGRAM.

(a) I

ENERAL

.—The Attorney General is authorized to pro-

vide grants to States and units of local government to improve and

implement processes for entering data regarding stalking and do-

mestic violence into local, State, and national crime information

databases.

(b) E

LIGIBILITY

.—To be eligible to receive a grant under sub-

section (a), a State or unit of local government shall certify that it

has or intends to establish a program that enters into the National

Crime Information Center records of—

(1) warrants for the arrest of persons violating protection

orders intended to protect victims from stalking or domestic vi-

olence;

(2) arrests or convictions of persons violating protection

or domestic violence; and

(3) protection orders for the protection of persons from

stalking or domestic violence.

SEC. 40603. ø34 U.S.C. 12402¿ AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this sub-

title $3,000,000 for fiscal years 2023 through 2027.

SEC. 40604. ø34 U.S.C. 12403¿ APPLICATION REQUIREMENTS.

An application for a grant under this subtitle shall be sub-

mitted in such form and manner, and contain such information, as

the Attorney General may prescribe. In addition, applications shall

include documentation showing—

(1) the need for grant funds and that State or local fund-

ing, as the case may be, does not already cover these oper-

ations;

(2) intended use of the grant funds, including a plan of ac-

tion to increase record input; and

(3) an estimate of expected results from the use of the

grant funds.

SEC. 40605. ø34 U.S.C. 12404¿ DISBURSEMENT.

Not later than 90 days after the receipt of an application under

this subtitle, the Attorney General shall either provide grant funds

or shall inform the applicant why grant funds are not being pro-

vided.

SEC. 40606. ø34 U.S.C. 12405¿ TECHNICAL ASSISTANCE, TRAINING, AND

EVALUATIONS.

The Attorney General may provide technical assistance and

training in furtherance of the purposes of this subtitle, and may

provide for the evaluation of programs that receive funds under

this subtitle, in addition to any evaluation requirements that the

Attorney General may prescribe for grantees. The technical assist-

ance, training, and evaluations authorized by this section may be

carried out directly by the Attorney General, or through contracts

or other arrangements with other entities.

SEC. 40607. ø34 U.S.C. 12406¿ TRAINING PROGRAMS FOR JUDGES.

The State Justice Institute, after consultation with nationally

recognized nonprofit organizations with expertise in stalking and

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As Amended Through P.L. 117-315, Enacted December 27, 2022

148 Sec. 40608 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Paragraph (1) of section 3(b) of Public Law 109–162 provides as follows:

(1) S

TALKING AND DOMESTIC VIOLENCE

.—Section 40610 of the Violence Against Women

Act of 1994 (42 U.S.C. 14039) is amended by striking ‘‘The Attorney General shall submit

to the Congress an annual report, beginning 1 year after the date of the enactment of this

Act, that provides’’ and inserting ‘‘Each even-numbered fiscal year, the Attorney General

shall submit to the Congress a biennial report that provides’’.

The amendment instructions probably should have been to strike ‘‘The Attorney General shall

submit to the Congress an annual report, beginning øone¿ year after the date of the enactment

of this Act, that provides’’, but was executed to reflect the probable intent of Congress. Also,

section 1135(a) of such public law provides for a similar amendment, which does execute prop-

erly.

domestic violence cases, shall conduct training programs for State

(as defined in section 202 of the State Justice Institute Authoriza-

tion Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to en-

sure that a judge issuing an order in a stalking or domestic vio-

lence case has all available criminal history and other information,

whether from State or Federal sources.

SEC. 40608. ø34 U.S.C. 12407¿ RECOMMENDATIONS ON INTRASTATE

COMMUNICATION.

The State Justice Institute, after consultation with nationally

recognized nonprofit associations with expertise in data sharing

among criminal justice agencies and familiarity with the issues

raised in stalking and domestic violence cases, shall recommend

proposals regarding how State courts may increase intrastate com-

munication between civil and criminal courts.

SEC. 40609. ø34 U.S.C. 12408¿ INCLUSION IN NATIONAL INCIDENT-

BASED REPORTING SYSTEM.

Not later than 2 years after the date of enactment of this Act,

the Attorney General, in accordance with the States, shall compile

data regarding domestic violence and intimidation (including stalk-

ing) as part of the National Incident-Based Reporting System

(NIBRS).

SEC. 40610. ø34 U.S.C. 12409¿ REPORT TO CONGRESS.

Each even-numbered fiscal year, the Attorney General shall

submit to the Congress a biennial report that provides

informa-

tion concerning the incidence of stalking and domestic violence, and

evaluates the effectiveness of State antistalking efforts and legisla-

tion.

SEC. 40611. ø34 U.S.C. 12410¿ DEFINITIONS.

As used in this subtitle—

(1) the term ‘‘national crime information databases’’ refers

to the National Crime Information Center and its incorporated

criminal history databases, including the Interstate Identifica-

tion Index; and

(2) the term ‘‘protection order’’ includes an injunction or

any other order issued for the purpose of preventing violent or

threatening acts or harassment against, or contact or commu-

nication with or physical proximity to, another person, includ-

ing temporary and final orders issued by civil or criminal

courts (other than support or child custody orders) whether ob-

tained by filing an independent action or as a pendente lite

order in another proceeding so long as any civil order was

issued in response to a complaint, petition, or motion filed by

or on behalf of a person seeking protection.

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149 Sec. 40801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

This subtitle was added by section 1209(a) of P.L. 106–386 (114 Stat. 1508) and amended

to read by section 204 of P.L. 113–4. There were no conforming amendments to conform the

items relating to this subtitle in the table of sections.

Subtitle G—Protections for Battered

Immigrant Women and Children

SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE

OR SECOND PREFERENCE STATUS.

See section 204(a)(1) of the Immigration and Nationality Act

SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLI-

CATIONS.

See section 216(c)(4) of the Immigration and Nationality Act

SEC. 40703. SUSPENSION OF DEPORTATION.

See section 244(a)(3) of the Immigration and Nationality Act

Subtitle H—Training and Services To End

Abuse Later in Life

SEC. 40801. ø34 U.S.C. 12421¿ TRAINING AND SERVICES TO END ABUSE

IN LATER LIFE.

The Attorney General shall make grants to eligible entities in

accordance with the following:

(1) M

ANDATORY AND PERMISSIBLE ACTIVITIES

.—

(A) M

ANDATORY ACTIVITIES

.—An eligible entity receiv-

ing a grant under this section shall use the funds received

under the grant to—

(i) provide training programs to assist law enforce-

ment agencies, prosecutors, agencies of States or units

of local government, population specific organizations,

victim service providers, victim advocates, or relevant

officers in Federal, tribal, State, territorial, and local

courts in recognizing and addressing instances of

abuse in later life;

(ii) provide or enhance services for victims of

abuse in later life;

(iii) establish or support multidisciplinary collabo-

rative community responses to victims of abuse in

later life; and

(iv) conduct cross-training for law enforcement

agencies, prosecutors, agencies of States or units of

local government, attorneys, health care providers,

population specific organizations, faith-based leaders,

victim advocates, victim service providers, courts, and

first responders to better serve older victims.

(B) P

ERMISSIBLE ACTIVITIES

.—An eligible entity receiv-

ing a grant under this section may use the funds received

under the grant to—

(i) provide training programs to assist attorneys,

health care providers, faith-based leaders, community-

based organizations, or other professionals who may

identify or respond to abuse in later life; or

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150 Sec. 40901 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

This subtitle was added by section 1407 of P.L. 106–386 (114 Stat. 1517). No conforming

amendment was made to the table of sections.

(ii) conduct outreach activities and awareness

campaigns to ensure that victims of abuse in later life

receive appropriate assistance.

AIVER

.—The Attorney General may waive 1 or

more of the activities described in subparagraph (A) upon

making a determination that the activity would duplicate

services available in the community.

(D) L

IMITATION

.—An eligible entity receiving a grant

under this section may use not more than 10 percent of

the total funds received under the grant for an activity de-

scribed in subparagraph (B)(ii).

(2) E

LIGIBLE ENTITIES

.—An entity shall be eligible to re-

ceive a grant under this section if—

(A) the entity is—

(i) a State;

(ii) a unit of local government;

(iii) a tribal government or tribal organization;

(iv) a population specific organization;

(v) a victim service provider; or

(vi) a State, tribal, or territorial domestic violence

or sexual assault coalition; and

(B) the entity demonstrates that it is part of a multi-

disciplinary partnership that includes, at a minimum—

(i) a law enforcement agency;

(ii) a prosecutor’s office;

(iii) a victim service provider; and

(iv) a nonprofit program or government agency

with demonstrated experience in assisting individuals

50 years of age or over.

(3) U

NDERSERVED POPULATIONS

.—In making grants under

this section, the Attorney General shall give priority to pro-

posals providing services to culturally specific and underserved

populations.

(4) A

UTHORIZATION OF APPROPRIATIONS

.—There is author-

ized to be appropriated to carry out this section $10,000,000 for

each of fiscal years 2023 through 2027.

Subtitle I—Domestic Violence Task

Force

SEC. 40901. ø34 U.S.C. 12431¿ TASK FORCE.

(a) E

STABLISH

.—The Attorney General, in consultation with

national nonprofit, nongovernmental organizations whose primary

expertise is in domestic violence, shall establish a task force to co-

ordinate research on domestic violence and to report to Congress

on any overlapping or duplication of efforts on domestic violence

issues. The task force shall be comprised of representatives from all

Federal agencies that fund such research.

(b) U

SES OF

UNDS

.—Funds appropriated under this section

shall be used to—

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151 Sec. 41102 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) develop a coordinated strategy to strengthen research

focused on domestic violence education, prevention, and inter-

vention strategies;

(2) track and report all Federal research and expenditures

on domestic violence; and

(3) identify gaps and duplication of efforts in domestic vio-

lence research and governmental expenditures on domestic vio-

lence issues.

EPORT

.—The Task Force shall report to Congress annually

on its work under subsection (b).

(d) D

EFINITION

.—For purposes of this section, the term ‘‘domes-

tic violence’’ has the meaning given such term by section 2003 of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3796gg–2(1)).

(e) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated to carry out this section $500,000 for each of fis-

cal years 2001 through 2004.

øSubtitle J was repealed by section 104(b) of Public Law 113–

4.¿

Subtitle K—Privacy Protections for Vic-

tims of Domestic Violence, Dating Vio-

lence, Sexual Violence, and Stalking

SEC. 41101. ø34 U.S.C. 12441¿ GRANTS TO PROTECT THE PRIVACY AND

CONFIDENTIALITY OF VICTIMS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

The Attorney General, through the Director of the Office on Vi-

olence Against Women, may award grants under this subtitle to

States, Indian tribes, territories, or local agencies or nonprofit, non-

governmental organizations to ensure that personally identifying

information of adult, youth, and child victims of domestic violence,

sexual violence, stalking, and dating violence shall not be released

or disclosed to the detriment of such victimized persons.

SEC. 41102. ø34 U.S.C. 12442¿ PURPOSE AREAS.

Grants made under this subtitle may be used—

(1) to develop or improve protocols, procedures, and poli-

cies for the purpose of preventing the release of personally

identifying information of victims (such as developing alter-

native identifiers);

(2) to defray the costs of modifying or improving existing

databases, registries, and victim notification systems to ensure

that personally identifying information of victims is protected

from release, unauthorized information sharing and disclosure;

(3) to develop confidential opt out systems that will enable

victims of violence to make a single request to keep personally

identifying information out of multiple databases, victim notifi-

cation systems, and registries; or

(4) to develop safe uses of technology (such as notice re-

quirements regarding electronic surveillance by government

entities), to protect against abuses of technology (such as elec-

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As Amended Through P.L. 117-315, Enacted December 27, 2022

152 Sec. 41103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tronic or GPS stalking), or providing training for law enforce-

ment on high tech electronic crimes of domestic violence, dat-

ing violence, sexual assault, and stalking.

SEC. 41103. ø34 U.S.C. 12443¿ ELIGIBLE ENTITIES.

Entities eligible for grants under this subtitle include—

(1) jurisdictions or agencies within jurisdictions having au-

thority or responsibility for developing or maintaining public

databases, registries or victim notification systems;

(2) nonprofit nongovernmental victim advocacy organiza-

tions having expertise regarding confidentiality, privacy, and

information technology and how these issues are likely to im-

pact the safety of victims;

(3) States or State agencies;

(4) local governments or agencies;

(5) Indian tribal governments or tribal organizations;

(6) territorial governments, agencies, or organizations; or

(7) nonprofit nongovernmental victim advocacy organiza-

tions, including statewide domestic violence and sexual assault

coalitions.

SEC. 41104. ø34 U.S.C. 12444¿ GRANT CONDITIONS.

Applicants described in paragraph (1) and paragraphs (3)

through (6) shall demonstrate that they have entered into a signifi-

cant partnership with a State, tribal, territorial, or local victim

service or advocacy organization or condition in order to develop

safe, confidential, and effective protocols, procedures, policies, and

systems for protecting personally identifying information of victims.

SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

(a) I

ENERAL

.—There is authorized to be appropriated to

carry out this subtitle $5,000,000 for each of fiscal years 2007

through 2011.

(b) T

RIBAL

LLOCATION

.—Of the amount made available under

this section in each fiscal year, 10 percent shall be used for grants

to Indian tribes for programs that assist victims of domestic vio-

lence, dating violence, stalking, and sexual assault.

ECHNICAL

SSISTANCE AND

RAINING

.—Of the amount

made available under this section in each fiscal year, not less than

5 percent shall be used for grants to organizations that have exper-

tise in confidentiality, privacy, and technology issues impacting vic-

tims of domestic violence, dating violence, sexual assault, and

stalking to provide technical assistance and training to grantees

and non-grantees on how to improve safety, privacy, confidentiality,

and technology to protect victimized persons.

Subtitle L—Services, Education, Protection

and Justice for Young Victims of Violence

SEC. 41201. ø34 U.S.C. 12451¿ CREATING HOPE THROUGH OUTREACH,

OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN

AND YOUTH (‘‘CHOOSE CHILDREN & YOUTH’’).

(a) G

RANTS

UTHORIZED

.—The Attorney General, working in

collaboration with the Secretary of Health and Human Services

and the Secretary of Education, shall award grants to enhance the

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153 Sec. 41201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

safety of youth and children who are victims of, or exposed to, do-

mestic violence, dating violence, sexual assault, stalking, or sex

trafficking and prevent future violence.

(b) P

ROGRAM

URPOSES

.—Funds provided under this section

may be used for the following program purpose areas:

(1) S

ERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH

.—

To develop, expand, and strengthen victim-centered interven-

tions and services that target youth, including youth in under-

served populations, who are victims of domestic violence, dat-

ing violence, sexual assault, stalking, and sex trafficking. Serv-

ices may include victim services, counseling, advocacy, men-

toring, educational support, transportation, legal assistance in

civil, criminal and administrative matters, such as family law

cases, housing cases, child welfare proceedings, campus admin-

istrative proceedings, and civil protection order proceedings,

population-specific services, and other activities that support

youth in finding safety, stability, and justice and in addressing

the emotional, cognitive, and physical effects of trauma. Funds

may be used to—

(A) assess and analyze currently available services for

youth victims of domestic violence, dating violence, sexual

assault, stalking, and sex trafficking, determining relevant

barriers to such services in a particular locality, and devel-

oping a community protocol to address such problems col-

laboratively;

(B) develop and implement policies, practices, and pro-

cedures to effectively respond to domestic violence, dating

violence, sexual assault, stalking, or sex trafficking against

youth;

hance the ability of school personnel, victim service pro-

viders, child protective service workers, staff of law en-

forcement agencies, prosecutors, court personnel, individ-

uals who work in after school programs, medical per-

sonnel, social workers, mental health personnel, and work-

ers in other programs that serve children and youth to im-

prove their ability to appropriately respond to the needs of

children and youth who are victims of domestic violence,

dating violence, sexual assault, stalking, and sex traf-

ficking, and to properly refer such children, youth, and

their families to appropriate services;

(D) clarify State or local mandatory reporting policies

and practices regarding peer-on-peer dating violence, sex-

ual assault, stalking, and sex trafficking; or

(E) develop, enlarge, or strengthen culturally specific

victim services and responses related to, and prevention of,

female genital mutilation or cutting.

(2) S

UPPORTING YOUTH THROUGH EDUCATION AND PROTEC

TION

.—To enable middle schools, high schools, and institutions

of higher education to—

(A) provide training to school personnel, including

healthcare providers and security personnel, on the needs

of students who are victims of domestic violence, dating vi-

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154 Sec. 41201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

olence, sexual assault, stalking, sex trafficking, or female

genital mutilation or cutting;

(B) develop and implement prevention and interven-

tion policies in middle and high schools, including appro-

priate responses to, and identification and referral proce-

dures for, students who are experiencing or perpetrating

domestic violence, dating violence, sexual assault, stalking,

or sex trafficking, and procedures for handling the require-

ments of court protective orders issued to or against stu-

dents;

victims of domestic violence, dating violence, sexual as-

sault, stalking, or sex trafficking, such as a resource per-

son who is either on-site or on-call;

(D) implement developmentally appropriate edu-

cational programming for students regarding domestic vio-

lence, dating violence, sexual assault, stalking, and sex

trafficking and the impact of such violence on youth; or

(E) develop strategies to increase identification, sup-

port, referrals, and prevention programming for youth, in-

cluding youth in underserved populations, who are at high

risk of domestic violence, dating violence, sexual assault,

stalking, or sex trafficking.

(3) C

HILDREN EXPOSED TO VIOLENCE AND ABUSE

.—To de-

velop, maintain, or enhance programs designed to prevent fu-

ture incidents of domestic violence, dating violence, sexual as-

sault, and stalking by preventing, reducing and responding to

children’s exposure to violence in the home, including by—

(A) providing services for children exposed to domestic

violence, dating violence, sexual assault or stalking, in-

cluding—

(i) direct counseling or advocacy; and

(ii) support for the non-abusing parent; and

(B) training and coordination for educational, after-

school, and childcare programs on how to—

(i) safely and confidentially identity children and

families experiencing domestic violence, dating vio-

lence, sexual assault, or stalking; and

(ii) properly refer children exposed and their fami-

lies to services and violence prevention programs.

(4) T

EEN DATING VIOLENCE AWARENESS AND PREVENTION

.—

To develop, maintain, or enhance programs that change atti-

tudes and behaviors around the acceptability of domestic vio-

lence, dating violence, sexual assault, and stalking and provide

education and skills training to young individuals and individ-

uals who influence young individuals, which—

(A) may include the use evidenced-based, evidence-in-

formed, or innovative strategies and practices focused on

youth; and

(B) shall include—

(i) age and developmentally-appropriate education

on—

(I) domestic violence;

(II) dating violence;

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155 Sec. 41201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Section 302(2)(A)(ii) of division W of Public Law 117–103 provides for an amendment to in-

sert ‘‘Native Hawaiian organization, urban Indian organization,’’ before ‘‘or population-specific

community-based organization’’. The amendment was carried out by inserting this phrase before

‘‘or population-specific or community-based organization’’.

(III) sexual assault;

(IV) stalking;

(V) sexual coercion; and

(VI) healthy relationship skills, in school, in

the community, or in health care settings;

(ii) community-based collaboration and training

for individuals with influence on youth, such as par-

ents, teachers, coaches, healthcare providers, faith

leaders, older teens, and mentors;

(iii) education and outreach to change environ-

mental factors contributing to domestic violence, dat-

ing violence, sexual assault, and stalking; and

(iv) policy development targeted to prevention, in-

cluding school-based policies and protocols.

LIGIBLE

PPLICANTS

.—

(1) I

N GENERAL

.—To be eligible to receive a grant under

this section, an entity shall be—

(A) a victim service provider, tribal nonprofit organiza-

tion, Native Hawaiian organization, urban Indian organi-

zation,

or population-specific or community-based orga-

nization with a demonstrated history of effective work ad-

dressing the needs of youth who are, including runaway or

homeless youth affected by, victims of domestic violence,

dating violence, sexual assault, stalking, or sex trafficking;

(B) a victim service provider that is partnered with an

entity that has a demonstrated history of effective work

addressing the needs of youth; or

private middle or high school, a school administered by the

Department of Defense under section 2164 of title 10,

United States Code or section 1402 of the Defense Depend-

ents’ Education Act of 1978, a group of schools, a school

district, or an institution of higher education.

(2) P

ARTNERSHIPS

.—

(A) E

DUCATION

.—To be eligible to receive a grant for

the purposes described in subsection (b)(2), an entity de-

scribed in subparagraph (A) or (B) of paragraph (1) shall

be partnered with a public, charter, tribal, or nationally

accredited private middle or high school, a school adminis-

tered by the Department of Defense under section 2164 of

title 10, United States Code or section 1402 of the Defense

Dependents’ Education Act of 1978, a group of schools, a

school district, or an institution of higher education.

(B) O

THER PARTNERSHIPS

.—All applicants under this

section are encouraged to work in partnership with organi-

zations and agencies that work with the relevant popu-

lation. Such entities may include—

(i) a State, tribe, unit of local government, or terri-

tory;

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156 Sec. 41201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(ii) a population specific or community-based orga-

nization;

(iii) batterer intervention programs or sex offender

treatment programs with specialized knowledge and

experience working with youth offenders; or

(iv) any other agencies or nonprofit, nongovern-

mental organizations with the capacity to provide ef-

fective assistance to the adult, youth, and child vic-

tims served by the partnership.

(d) G

RANTEE

EQUIREMENTS

.—Applicants for grants under this

section shall establish and implement policies, practices, and proce-

dures that—

(1) require and include appropriate referral systems for

child and youth victims;

(2) protect the confidentiality and privacy of child and

youth victim information, particularly in the context of paren-

tal or third party involvement and consent, mandatory report-

ing duties, and working with other service providers all with

priority on victim safety and autonomy; and

(3) ensure that all individuals providing intervention or

prevention programming to children or youth through a pro-

gram funded under this section have completed, or will com-

plete, sufficient training in connection with domestic violence,

dating violence, sexual assault, stalking, and sex trafficking,

including training on working with youth victims of domestic

violence, dating violence, sexual assault, or sex trafficking in

underserved populations, if such youth are among those being

served.

(e) D

EFINITIONS AND

RANT

ONDITIONS

.—In this section, the

definitions and grant conditions provided for in section 40002 shall

apply.

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section, $30,000,000 for each of

fiscal years 2023 through 2027.

(g) A

LLOTMENT

.—

(1) I

N GENERAL

.—Not less than 50 percent of the total

amount appropriated under this section for each fiscal year

shall be used for the purposes described in subsection (b)(1).

(2) I

NDIAN TRIBES

.—Not less than 10 percent of the total

amount appropriated under this section for each fiscal year

shall be made available for grants under the program author-

ized by section 2015 of the Omnibus Crime Control and Safe

Streets Act of 1968. The requirements of this section shall not

apply to funds allocated under this paragraph.

(h) P

RIORITY

.—The Attorney General shall prioritize grant ap-

plications under this section that coordinate with prevention pro-

grams in the community.

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157 Sec. 41302 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle M—Strengthening America’s Fam-

ilies by Preventing Violence Against

Women and Children

SEC. 41301. ø34 U.S.C. 12461¿ FINDINGS.

Congress finds that—

(1) the former United States Advisory Board on Child

Abuse suggests that domestic violence may be the single major

precursor to child abuse and neglect fatalities in this country;

(2) studies suggest that as many as 10,000,000 children

witness domestic violence every year;

(3) studies suggest that among children and teenagers, re-

cent exposure to violence in the home was a significant factor

in predicting a child’s violent behavior;

(4) a study by the Nurse-Family Partnership found that

children whose parents did not participate in home visitation

programs that provided coaching in parenting skills, advice

and support, were almost 5 times more likely to be abused in

their first 2 years of life;

(5) a child’s exposure to domestic violence seems to pose

the greatest independent risk for being the victim of any act

of partner violence as an adult;

(6) children exposed to domestic violence are more likely to

believe that using violence is an effective means of getting

one’s needs met and managing conflict in close relationships;

(7) children exposed to abusive parenting, harsh or erratic

discipline, or domestic violence are at increased risk for juve-

nile crime; and

(8) in a national survey of more than 6,000 American fami-

lies, 50 percent of men who frequently assaulted their wives

also frequently abused their children.

SEC. 41302. ø34 U.S.C. 12462¿ PURPOSE.

The purpose of this subtitle is to—

(1) prevent crimes involving violence against women, chil-

dren, and youth;

(2) increase the resources and services available to prevent

violence against women, children, and youth;

(3) reduce the impact of exposure to violence in the lives

of children and youth so that the intergenerational cycle of vio-

lence is interrupted;

(4) develop and implement education and services pro-

grams to prevent children in vulnerable families from becom-

ing victims or perpetrators of domestic violence, dating vio-

lence, sexual assault, or stalking;

(5) promote programs to ensure that children and youth

receive the assistance they need to end the cycle of violence

and develop mutually respectful, nonviolent relationships; and

(6) encourage collaboration among community-based orga-

nizations and governmental agencies serving children and

youth, providers of health and mental health services and pro-

viders of domestic violence, dating violence, sexual assault, and

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158 Sec. 41303 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

stalking victim services to prevent violence against women and

children.

SEC. 41303. ø34 U.S.C. 12463¿ SAVING MONEY AND REDUCING TRAGE-

DIES THROUGH PREVENTION (SMART PREVENTION).

(a) G

RANTS

UTHORIZED

.—The Attorney General, in consulta-

tion with the Secretary of Health and Human Services and the Sec-

retary of Education, is authorized to award grants for the purpose

of preventing domestic violence, dating violence, sexual assault,

and stalking by focusing on men and youth as leaders and

influencers of social norms.

(b) U

SE OF

UNDS

.—Funds provided under this section may be

used to develop, maintain or enhance programs that work with

men and youth to prevent domestic violence, dating violence, sex-

ual assault, and stalking by helping men and youth to serve as role

models and social influencers of other men and youth at the indi-

vidual, school, community or statewide levels.

LIGIBLE

NTITIES

.—To be eligible to receive a grant under

this section, an entity shall be—

(1) a victim service provider, community-based organiza-

tion, tribe or tribal organization, or other non-profit, non-

governmental organization that has a history of effective work

preventing domestic violence, dating violence, sexual assault,

or stalking and expertise in the specific area for which they are

applying for funds; or

(2) a partnership between a victim service provider, com-

munity-based organization, tribe or tribal organization, or

other non-profit, nongovernmental organization that has a his-

tory of effective work preventing domestic violence, dating vio-

lence, sexual assault, or stalking and at least one of the fol-

lowing that has expertise in serving children exposed to domes-

tic violence, dating violence, sexual assault, or stalking, youth

domestic violence, dating violence, sexual assault, or stalking

prevention, or engaging men to prevent domestic violence, dat-

ing violence, sexual assault, or stalking:

(A) A public, charter, tribal, or nationally accredited

private middle or high school, a school administered by the

Department of Defense under section 2164 of title 10,

United States Code or section 1402 of the Defense Depend-

ents’ Education Act of 1978, a group of schools, or a school

district.

(B) A local community-based organization, population-

specific organization, or faith-based organization that has

established expertise in providing services to youth.

cific organization, university or health care clinic, faith-

based organization, or other non-profit, nongovernmental

organization with a demonstrated history of effective work

addressing the needs of children exposed to domestic vio-

lence, dating violence, sexual assault, or stalking.

(D) A nonprofit, nongovernmental entity providing

services for runaway or homeless youth affected by domes-

tic violence, dating violence, sexual assault, or stalking.

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159 Sec. 41303 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(E) Healthcare entities eligible for reimbursement

under title XVIII of the Social Security Act, including pro-

viders that target the special needs of children and youth.

(F) Any other agencies, population-specific organiza-

tions, or nonprofit, nongovernmental organizations with

the capacity to provide necessary expertise to meet the

goals of the program; or

(3) a public, charter, tribal, or nationally accredited private

middle or high school, a school administered by the Depart-

ment of Defense under section 2164 of title 10, United States

Code or section 1402 of the Defense Dependents’ Education Act

of 1978, a group of schools, a school district, or an institution

of higher education.

(d) G

RANTEE

EQUIREMENTS

.—

(1) I

N GENERAL

.—Applicants for grants under this section

shall prepare and submit to the Director an application at such

time, in such manner, and containing such information as the

Director may require that demonstrates the capacity of the ap-

plicant and partnering organizations to undertake the project.

(2) P

OLICIES AND PROCEDURES

.—Applicants under this sec-

tion shall establish and implement policies, practices, and pro-

cedures that—

(A) include appropriate referral systems to direct any

victim identified during program activities to highly quali-

fied follow-up care;

(B) protect the confidentiality and privacy of adult and

youth victim information, particularly in the context of pa-

rental or third party involvement and consent, mandatory

reporting duties, and working with other service providers;

programming through a program funded under this section

have completed or will complete sufficient training in con-

nection with domestic violence, dating violence, sexual as-

sault or stalking; and

(D) document how prevention programs are coordi-

nated with service programs in the community.

(3) P

REFERENCE

.—In selecting grant recipients under this

section, the Attorney General shall give preference to appli-

cants that—

(A) include outcome-based evaluation;

(B) identify any other community, school, or State-

based efforts that are working on domestic violence, dating

violence, sexual assault, or stalking prevention and explain

how the grantee or partnership will add value, coordinate

with other programs, and not duplicate existing efforts;

and

populations.

(e) D

EFINITIONS AND

RANT

ONDITIONS

.—In this section, the

definitions and grant conditions provided for in section 40002 shall

apply.

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section, $20,000,000 for each of

fiscal years 2023 through 2027. Amounts appropriated under this

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160 Sec. 41401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

section may only be used for programs and activities described

under this section.

Subtitle N—Addressing the Housing Needs

of Victims of Domestic Violence, Dating

Violence, Sexual Assault, and Stalking

CHAPTER 1—GRANT PROGRAMS

SEC. 41401. ø34 U.S.C. 12471¿ FINDINGS.

Congress finds that:

(1) There is a strong link between domestic violence and

homelessness. Among cities surveyed, 44 percent identified do-

mestic violence as a primary cause of homelessness.

(2) Ninety-two percent of homeless women have experi-

enced severe physical or sexual abuse at some point in their

lives. Of all homeless women and children, 60 percent had

been abused by age 12, and 63 percent have been victims of

intimate partner violence as adults.

(3) Women and families across the country are being dis-

criminated against, denied access to, and even evicted from

public and subsidized housing because of their status as vic-

tims of domestic violence.

(4) A recent survey of legal service providers around the

country found that these providers have responded to almost

150 documented eviction cases in the last year alone where the

tenant was evicted because of the domestic violence crimes

committed against her. In addition, nearly 100 clients were de-

nied housing because of their status as victims of domestic vio-

lence.

(5) Women who leave their abusers frequently lack ade-

quate emergency shelter options. The lack of adequate emer-

gency options for victims presents a serious threat to their

safety and the safety of their children. Requests for emergency

shelter by homeless women with children increased by 78 per-

cent of United States cities surveyed in 2004. In the same year,

32 percent of the requests for shelter by homeless families

went unmet due to the lack of available emergency shelter

beds.

(6) The average stay at an emergency shelter is 60 days,

while the average length of time it takes a homeless family to

secure housing is 6 to 10 months.

(7) Victims of domestic violence often return to abusive

partners because they cannot find long-term housing.

(8) There are not enough Federal housing rent vouchers

available to accommodate the number of people in need of long-

term housing. Some people remain on the waiting list for Fed-

eral housing rent vouchers for years, while some lists are

closed.

(9) Transitional housing resources and services provide an

essential continuum between emergency shelter provision and

independent living. A majority of women in transitional hous-

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161 Sec. 41403 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ing programs stated that had these programs not existed, they

would have likely gone back to abusive partners.

(10) Because abusers frequently manipulate finances in an

effort to control their partners, victims often lack steady in-

come, credit history, landlord references, and a current ad-

dress, all of which are necessary to obtain long-term perma-

nent housing.

(11) Victims of domestic violence in rural areas face addi-

tional barriers, challenges, and unique circumstances, such as

geographical isolation, poverty, lack of public transportation

systems, shortages of health care providers, under-insurance or

lack of health insurance, difficulty ensuring confidentiality in

small communities, and decreased access to many resources

(such as advanced education, job opportunities, and adequate

childcare).

(12) Congress and the Secretary of Housing and Urban De-

velopment have recognized in recent years that families experi-

encing domestic violence have unique needs that should be ad-

dressed by those administering the Federal housing programs.

SEC. 41402. ø34 U.S.C. 12472¿ PURPOSE.

The purpose of this chapter is to reduce domestic violence, dat-

ing violence, sexual assault, and stalking, and to prevent homeless-

ness by—

(1) protecting the safety of victims of domestic violence,

dating violence, sexual assault, and stalking who reside in

homeless shelters, public housing, assisted housing, tribally

designated housing, or other emergency, transitional, perma-

nent, or affordable housing, and ensuring that such victims

have meaningful access to the criminal justice system without

jeopardizing such housing;

(2) creating long-term housing solutions that develop com-

munities and provide sustainable living solutions for victims of

domestic violence, dating violence, sexual assault, and stalking;

(3) building collaborations among victim service providers,

homeless service providers, housing providers, and housing

agencies to provide appropriate services, interventions, and

training to address the housing needs of victims of domestic vi-

olence, dating violence, sexual assault, and stalking; and

(4) enabling public and assisted housing agencies, tribally

designated housing entities, private landlords, property man-

agement companies, and other housing providers and agencies

to respond appropriately to domestic violence, dating violence,

sexual assault, and stalking, while maintaining a safe environ-

ment for all housing residents.

SEC. 41403. ø34 U.S.C. 12473¿ DEFINITIONS.

For purposes of this chapter—

(1) the term ‘‘assisted housing’’ means housing assisted—

(A) under sections 213, 220, 221(d)(3), 221(d)(4),

223(e), 231, or 236 of the National Housing Act (12 U.S.C.

1715l(d)(3), (d)(4), or 1715z–1);

(B) under section 101 of the Housing and Urban De-

velopment Act of 1965 (12 U.S.C. 1701s);

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162 Sec. 41403 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

U.S.C. 1701q);

(D) under section 811 of the Cranston-Gonzales Na-

tional Affordable Housing Act (42 U.S.C. 8013);

(E) under title II of the Cranston-Gonzales National

Affordable Housing Act (42 U.S.C. 12701 et seq.);

(F) under subtitle D of title VIII of the Cranston-Gon-

zalez National Affordable Housing Act (42 U.S.C. 12901 et

seq.);

(G) under title I of the Housing and Community De-

velopment Act of 1974 (42 U.S.C. 5301 et seq.); or

(H) under section 8 of the United States Housing Act

of 1937 (42 U.S.C. 1437f);

(2) the term ‘‘continuum of care’’ means a community plan

developed to organize and deliver housing and services to meet

the specific needs of people who are homeless as they move to

stable housing and achieve maximum self-sufficiency;

(3) the term ‘‘low-income housing assistance voucher’’

means housing assistance described in section 8 of the United

States Housing Act of 1937 (42 U.S.C. 1437f);

(4) the term ‘‘public housing’’ means housing described in

section 3(b)(1) of the United States Housing Act of 1937 (42

U.S.C. 1437a(b)(1));

(5) the term ‘‘public housing agency’’ means an agency de-

scribed in section 3(b)(6) of the United States Housing Act of

1937 (42 U.S.C. 1437a(b)(6));

(6) the terms ‘‘homeless’’, ‘‘homeless individual’’, and

‘‘homeless person’’—

(A) mean an individual who lacks a fixed, regular, and

adequate nighttime residence; and

(B) includes—

(i) an individual who—

(I) is sharing the housing of other persons due

to loss of housing, economic hardship, or a similar

reason;

(II) is living in a motel, hotel, trailer park, or

campground due to the lack of alternative ade-

quate accommodations;

(III) is living in an emergency or transitional

shelter;

(IV) is abandoned in a hospital; or

(V) is awaiting foster care placement;

(ii) an individual who has a primary nighttime

residence that is a public or private place not designed

for or ordinarily used as a regular sleeping accommo-

dation for human beings; or

(iii) migratory children (as defined in section 1309

of the Elementary and Secondary Education Act of

1965; 20 U.S.C. 6399) who qualify as homeless under

this section because the children are living in cir-

cumstances described in this paragraph;

(7) the term ‘‘homeless service provider’’ means a non-

profit, nongovernmental homeless service provider, such as a

homeless shelter, a homeless service or advocacy program, a

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As Amended Through P.L. 117-315, Enacted December 27, 2022

163 Sec. 41404 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Punctuation so in law. The semicolon probably should be a period.

tribal organization serving homeless individuals, or coalition or

other nonprofit, nongovernmental organization carrying out a

community-based homeless or housing program that has a doc-

umented history of effective work concerning homelessness;

(8) the term ‘‘tribally designated housing’’ means housing

assistance described in the Native American Housing Assist-

ance and Self-Determination Act of 1996 (25 U.S.C. 4101 et

seq.); and

(9) the term ‘‘tribally designated housing entity’’ means a

housing entity described in the Native American Housing As-

sistance and Self-Determination Act of 1996 (25 U.S.C.

4103(21));

SEC. 41404. ø34 U.S.C. 12474¿ COLLABORATIVE GRANTS TO INCREASE

THE LONG-TERM STABILITY OF VICTIMS.

(a) G

RANTS

UTHORIZED

.—

(1) I

N GENERAL

.—The Secretary of Health and Human

Services, acting through the Administration for Children and

Families, in partnership with the Secretary of Housing and

Urban Development, shall award grants, contracts, or coopera-

tive agreements for a period of not less than 2 years to eligible

entities to develop long-term sustainability and self-sufficiency

options for adult and youth victims of domestic violence, dating

violence, sexual assault, and stalking who are currently home-

less or at risk for becoming homeless.

(2) A

MOUNT

.—The Secretary of Health and Human Serv-

ices shall award funds in amounts—

(A) not less than $25,000 per year; and

(B) not more than $1,000,000 per year.

(b) E

LIGIBLE

NTITIES

.—To be eligible to receive funds under

this section, an entity shall demonstrate that it is a coalition or

partnership, applying jointly, that—

(1) shall include a domestic violence victim service pro-

vider;

(2) shall include—

(A) a homeless service provider;

(B) a nonprofit, nongovernmental community housing

development organization or a Department of Agriculture

rural housing service program; or

tribal lands or nonprofit, nongovernmental community

housing development organization on tribal lands, a trib-

ally designated housing entity or tribal housing consor-

tium;

(3) may include a dating violence, sexual assault, or stalk-

ing victim service provider;

(4) may include housing developers, housing corporations,

State housing finance agencies, other housing agencies, and as-

sociations representing landlords;

(5) may include a public housing agency or tribally des-

ignated housing entity;

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As Amended Through P.L. 117-315, Enacted December 27, 2022

164 Sec. 41404 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(6) may include tenant organizations in public or tribally

designated housing, as well as nonprofit, nongovernmental ten-

ant organizations;

(7) may include other nonprofit, nongovernmental organi-

zations participating in the Department of Housing and Urban

Development’s Continuum of Care process;

(8) may include a State, tribal, territorial, or local govern-

ment or government agency; and

(9) may include any other agencies or nonprofit, non-

governmental organizations with the capacity to provide effec-

tive help to adult and youth victims of domestic violence, dat-

ing violence, sexual assault, or stalking.

PPLICATION

.—Each eligible entity seeking funds under this

section shall submit an application to the Secretary of Health and

Human Services at such time, in such manner, and containing such

information as the Secretary of Health and Human Services may

require.

(d) U

SE OF

UNDS

.—

Funds awarded to eligible entities under subsection (a)

shall be used to design or replicate and implement new activi-

ties, services, and programs to increase the stability and self-

sufficiency of, and create partnerships to develop long-term

housing options for adult and youth victims of domestic vio-

lence, dating violence, sexual assault, or stalking, and their de-

pendents, who are currently homeless or at risk of becoming

homeless. Such activities, services, or programs—

(1) shall develop sustainable long-term living solutions in

the community by—

(A) coordinating efforts and resources among the var-

ious groups and organizations comprised in the entity to

access existing private and public funding;

(B) assisting with the placement of individuals and

families in long-term housing; and

find and maintain long-term housing, including financial

assistance and support services;

(2) may develop partnerships with individuals, organiza-

tions, corporations, or other entities that provide capital costs

for the purchase, preconstruction, construction, renovation, re-

pair, or conversion of affordable housing units;

(3) may use funds for the administrative expenses related

to the continuing operation, upkeep, maintenance, and use of

housing described in paragraph (2); and

(4) may provide to the community information about hous-

ing and housing programs, and the process to locate and obtain

long-term housing.

(e) L

IMITATION

.—Funds provided under paragraph (a) shall not

be used for construction, modernization or renovation.

(f) U

NDERSERVED

OPULATIONS AND

RIORITIES

.—In awarding

grants under this section, the Secretary of Health and Human

Services shall—

(1) give priority to linguistically and culturally specific

services;

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As Amended Through P.L. 117-315, Enacted December 27, 2022

165 Sec. 41405 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) give priority to applications from entities that include

a sexual assault service provider as described in subsection

(b)(3); and

(3) award a minimum of 15 percent of the funds appro-

priated under this section in any fiscal year to tribal organiza-

tions.

(g) D

EFINITIONS

.—For purposes of this section:

(1) A

FFORDABLE HOUSING

.—The term ‘‘affordable housing’’

means housing that complies with the conditions set forth in

section 215 of the Cranston-Gonzalez National Affordable

Housing Act (42 U.S.C. 12745).

(2) L

ONG

TERM HOUSING

.—The term ‘‘long-term housing’’

means housing that is sustainable, accessible, affordable, and

safe for the foreseeable future and is—

(A) rented or owned by the individual;

(B) subsidized by a voucher or other program which is

not time-limited and is available for as long as the indi-

vidual meets the eligibility requirements for the voucher or

program; or

zation and is not time-limited and is available for as long

as the individual meets the eligibility requirements for the

program, agency, or organization.

(h) E

VALUATION

, M

ONITORING

, A

DMINISTRATION

AND

ECH

NICAL

SSISTANCE

.—For purposes of this section—

(1) up to 5 percent of the funds appropriated under sub-

section (i) for each fiscal year may be used by the Secretary of

Health and Human Services for evaluation, monitoring, and

administration costs under this section; and

(2) up to 8 percent of the funds appropriated under sub-

section (i) for each fiscal year may be used to provide technical

assistance to grantees under this section.

(i) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated $4,000,000 for each of fiscal years 2023 through

2027 to carry out the provisions of this section.

SEC. 41405. ø34 U.S.C. 12475¿ GRANTS TO COMBAT VIOLENCE AGAINST

WOMEN IN PUBLIC AND ASSISTED HOUSING.

(a) P

URPOSE

.—It is the purpose of this section to assist eligible

grantees in responding appropriately to domestic violence, dating

violence, sexual assault, and stalking so that the status of being a

victim of such a crime is not a reason for the denial or loss of hous-

ing. Such assistance shall be accomplished through—

(1) education and training of eligible entities;

(2) development and implementation of appropriate hous-

ing policies and practices;

(3) enhancement of collaboration with victim service pro-

viders and tenant organizations; and

(4) reduction of the number of victims of such crimes who

are evicted or denied housing because of crimes and lease vio-

lations committed or directly caused by the perpetrators of

such crimes.

(b) G

RANTS

UTHORIZED

.—

(1) I

N GENERAL

.—The Attorney General, acting through

the Director of the Office on Violence Against Women of the

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As Amended Through P.L. 117-315, Enacted December 27, 2022

166 Sec. 41405 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Department of Justice (‘‘Director’’), and in consultation with

the Secretary of Housing and Urban Development (‘‘Sec-

retary’’), and the Secretary of Health and Human Services, act-

ing through the Administration for Children, Youth and Fami-

lies (‘‘ACYF’’), shall award grants and contracts for not less

than 2 years to eligible grantees to promote the full and equal

access to and use of housing by adult and youth victims of do-

mestic violence, dating violence, sexual assault, and stalking.

(2) A

MOUNTS

.—Not less than 15 percent of the funds ap-

propriated to carry out this section shall be available for grants

to tribally designated housing entities.

(3) A

WARD BASIS

.—The Attorney General shall award

grants and contracts under this section on a competitive basis.

(4) L

IMITATION

.—Appropriated funds may only be used for

the purposes described in subsection (f).

LIGIBLE

RANTEES

.—

(1) I

N GENERAL

.—Eligible grantees are—

(A) public housing agencies;

(B) principally managed public housing resident man-

agement corporations, as determined by the Secretary;

agencies;

(D) tribally designated housing entities; and

(E) private, for-profit, and nonprofit owners or man-

agers of assisted housing.

(2) S

UBMISSION REQUIRED FOR ALL GRANTEES

.—To receive

assistance under this section, an eligible grantee shall certify

that—

(A) its policies and practices do not prohibit or limit a

resident’s right to summon police or other emergency as-

sistance in response to domestic violence, dating violence,

sexual assault, or stalking;

(B) programs and services are developed that give a

preference in admission to adult and youth victims of such

violence, consistent with local housing needs, and applica-

ble law and the Secretary’s instructions;

(i) because that person is or is perceived to be, or

has a family or household member who is or is per-

ceived to be, a victim of such violence; or

(ii) because of the actions or threatened actions of

the individual who the victim, as certified in sub-

section (e), states has committed or threatened to com-

mit acts of such violence against the victim, or against

the victim’s family or household member;

(D) plans are developed that establish meaningful con-

sultation and coordination with local victim service pro-

viders, tenant organizations, linguistically and culturally

specific service providers, population-specific organizations,

State domestic violence and sexual assault coalitions, and,

where they exist, tribal domestic violence and sexual as-

sault coalitions; and

(E) its policies and practices will be in compliance with

those described in this paragraph within the later of 1

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As Amended Through P.L. 117-315, Enacted December 27, 2022

167 Sec. 41405 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

year or a period selected by the Attorney General in con-

sultation with the Secretary and ACYF.

(d) A

PPLICATION

.—Each eligible entity seeking a grant under

this section shall submit an application to the Attorney General at

such a time, in such a manner, and containing such information as

the Attorney General may require.

(e) C

ERTIFICATION

.—

(1) I

N GENERAL

.—A public housing agency, tribally des-

ignated housing entity, or assisted housing provider receiving

funds under this section may request that an individual claim-

ing relief under this section certify that the individual is a vic-

tim of domestic violence, dating violence, sexual assault, or

stalking. The individual shall provide a copy of such certifi-

cation to the public housing agency, tribally designated hous-

ing entity, or assisted housing provider within a reasonable pe-

riod of time after the agency or authority requests such certifi-

cation.

(2) C

ONTENTS

.—An individual may satisfy the certification

requirement of paragraph (1) by—

(A) providing the public housing agency, tribally des-

ignated housing entity, or assisted housing provider with

documentation, signed by an employee, agent, or volunteer

of a victim service provider, an attorney, a member of the

clergy, a medical professional, or any other professional

from whom the victim has sought assistance in addressing

domestic violence, dating violence, sexual assault, or stalk-

ing, or the effects of abuse; or

(B) producing a Federal, State, tribal, territorial, or

local police or court record.

(3) L

IMITATION

.—Nothing in this subsection shall be con-

strued to require any housing agency, assisted housing pro-

vider, tribally designated housing entity, owner, or manager to

demand that an individual produce official documentation or

physical proof of the individual’s status as a victim of domestic

violence, dating violence, sexual assault, or stalking, in order

to receive any of the benefits provided in this section. A hous-

ing agency, assisted housing provider, tribally designated hous-

ing entity, owner, or manager may provide benefits to an indi-

vidual based solely on the individual’s statement or other cor-

roborating evidence.

(4) C

ONFIDENTIALITY

.—

(A) I

N GENERAL

.—All information provided to any

housing agency, assisted housing provider, tribally des-

ignated housing entity, owner, or manager pursuant to

paragraph (1), including the fact that an individual is a

victim of domestic violence, dating violence, sexual assault,

or stalking, shall be retained in confidence by such agency,

and shall neither be entered into any shared database, nor

provided to any related housing agency, assisted housing

provider, tribally designated housing entity, owner, or

manager, except to the extent that disclosure is—

(i) requested or consented to by the individual in

writing; or

(ii) otherwise required by applicable law.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

168 Sec. 41405 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(B) N

OTIFICATION

.—Public housing agencies must pro-

vide notice to tenants of their rights under this section, in-

cluding their right to confidentiality and the limits thereof,

and to owners and managers of their rights and obliga-

tions under this section.

(f) U

SE OF

UNDS

.—Grants and contracts awarded pursuant to

subsection (a) shall provide to eligible entities personnel, training,

and technical assistance to develop and implement policies, prac-

tices, and procedures, making physical improvements or changes,

and developing or enhancing collaborations for the purposes of—

(1) enabling victims of domestic violence, dating violence,

sexual assault, and stalking with otherwise disqualifying rent-

al, credit, or criminal histories to be eligible to obtain housing

or housing assistance, if such victims would otherwise qualify

for housing or housing assistance and can provide documented

evidence that demonstrates the causal connection between

such violence or abuse and the victims’ negative histories;

(2) permitting applicants for housing or housing assistance

to provide incomplete rental and employment histories, other-

wise required as a condition of admission or assistance, if the

victim believes that providing such rental and employment his-

tory would endanger the victim’s or the victim children’s safe-

ty;

(3) protecting victims’ confidentiality, including protection

of victims’ personally identifying information, address, or rent-

al history;

(4) assisting victims who need to leave a public housing,

tribally designated housing, or assisted housing unit quickly to

protect their safety, including those who are seeking transfer

to a new public housing unit, tribally designated housing unit,

or assisted housing unit, whether in the same or a different

neighborhood or jurisdiction;

(5) enabling the public housing agency, tribally designated

housing entity, or assisted housing provider, or the victim, to

remove, consistent with applicable State law, the perpetrator

of domestic violence, dating violence, sexual assault, or stalk-

ing without evicting, removing, or otherwise penalizing the vic-

tim;

(6) enabling the public housing agency, tribally designated

housing entity, or assisted housing provider, when notified, to

honor court orders addressing rights of access to or control of

the property, including civil protection orders issued to protect

the victim and issued to address the distribution or possession

of property among the household members in cases where a

family breaks up;

(7) developing and implementing more effective security

policies, protocols, and services;

(8) allotting not more than 15 percent of funds awarded

under the grant to make modest physical improvements to en-

hance safety;

(9) training personnel to more effectively identify and re-

spond to victims of domestic violence, dating violence, sexual

assault, and stalking; and

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As Amended Through P.L. 117-315, Enacted December 27, 2022

169 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(10) effectively providing notice to applicants and residents

of the above housing policies, practices, and procedures.

(g) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated $4,000,000 for each of fiscal years 2023 through

2027 to carry out the provisions of this section.

(h) T

ECHNICAL

SSISTANCE

.—Up to 12 percent of the amount

appropriated under subsection (g) for each fiscal year shall be used

by the Attorney General for technical assistance costs under this

section.

CHAPTER 2—HOUSING RIGHTS

SEC. 41411. ø34 U.S.C. 12491¿ HOUSING PROTECTIONS FOR VICTIMS OF

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL AS-

SAULT, AND STALKING.

(a) D

EFINITIONS

.—In this chapter:

(1) A

FFILIATED INDIVIDUAL

.—The term ‘‘affiliated indi-

vidual’’ means, with respect to an individual—

(A) a spouse, parent, sibling, or child of that indi-

vidual, or an individual to whom that individual stands in

loco parentis; or

(B) any individual, tenant, or lawful occupant living in

the household of that individual.

(2) A

PPROPRIATE AGENCY

.—The term ‘‘appropriate agency’’

means, with respect to a covered housing program, the Execu-

tive department (as defined in section 101 of title 5, United

States Code) that carries out the covered housing program.

(3) C

OVERED HOUSING PROGRAM

.—The term ‘‘covered hous-

ing program’’ means—

(A) the program under section 202 of the Housing Act

of 1959 (12 U.S.C. 1701q), including the direct loan pro-

gram under such section;

(B) the program under section 811 of the Cranston-

Gonzalez National Affordable Housing Act (42 U.S.C.

8013);

Cranston-Gonzalez National Affordable Housing Act (42

U.S.C. 12901 et seq.);

(D) the programs under title IV of the McKinney-

Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.);

(E) the program under subtitle A of title II of the

Cranston-Gonzalez National Affordable Housing Act (42

U.S.C. 12741 et seq.);

(F) the program under paragraph (3) of section 221(d)

of the National Housing Act (12 U.S.C. 1715l(d)) that bears

interest at a rate determined under the proviso under

paragraph (5) of such section 221(d);

(G) the program under section 236 of the National

Housing Act (12 U.S.C. 1715z–1);

(H) the programs under sections 6 and 8 of the United

States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);

(I) rural housing assistance provided under sections

514, 515, 516, 533, 538, and 542 of the Housing Act of

1949 (42 U.S.C. 1484, 1485, 1486, 1490m, 1490p–2, 1490r);

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170 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(J) the low income housing tax credit program under

section 42 of the Internal Revenue Code of 1986;

(K) the provision of assistance from the Housing Trust

Fund established under section 1338 of the Federal Hous-

ing Enterprises Financial Safety and Soundness Act of

1992 (12 U.S.C. 4501);

(L) the provision of assistance for housing under the

Comprehensive Service Programs for Homeless Veterans

program under subchapter II of chapter 20 of title 38,

United States Code;

(M) the provision of assistance for housing and facili-

ties under the grant program for homeless veterans with

special needs under section 2061 of title 38, United States

Code;

(N) the provision of assistance for permanent housing

under the program for financial assistance for supportive

services for very low-income veteran families in permanent

housing under section 2044 of title 38, United States Code;

(O) the provision of transitional housing assistance for

victims of domestic violence, dating violence, sexual as-

sault, or stalking under the grant program under chapter

11 of subtitle B; and

(P) any other Federal housing programs providing af-

fordable housing to low- and moderate-income persons by

means of restricted rents or rental assistance, or more gen-

erally providing affordable housing opportunities, as iden-

tified by the appropriate agency through regulations, no-

tices, or any other means.

(b) P

ROHIBITED

ASIS FOR

ENIAL OR

ERMINATION OF

SSIST

ANCE OR

VICTION

.—

(1) I

N GENERAL

.—An applicant for or tenant of housing as-

sisted under a covered housing program may not be denied ad-

mission to, denied assistance under, terminated from participa-

tion in, or evicted from the housing on the basis that the appli-

cant or tenant is or has been a victim of domestic violence, dat-

ing violence, sexual assault, or stalking, if the applicant or ten-

ant otherwise qualifies for admission, assistance, participation,

or occupancy.

(2) C

ONSTRUCTION OF LEASE TERMS

.—An incident of actual

or threatened domestic violence, dating violence, sexual as-

sault, or stalking shall not be construed as—

(A) a serious or repeated violation of a lease for hous-

ing assisted under a covered housing program by the vic-

tim or threatened victim of such incident; or

(B) good cause for terminating the assistance, tenancy,

or occupancy rights to housing assisted under a covered

housing program of the victim or threatened victim of such

incident.

(3) T

ERMINATION ON THE BASIS OF CRIMINAL ACTIVITY

.—

(A) D

ENIAL OF ASSISTANCE

TENANCY

AND OCCUPANCY

RIGHTS PROHIBITED

.—No person may deny assistance, ten-

ancy, or occupancy rights to housing assisted under a cov-

ered housing program to a tenant solely on the basis of

criminal activity directly relating to domestic violence, dat-

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171 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ing violence, sexual assault, or stalking that is engaged in

by a member of the household of the tenant or any guest

or other person under the control of the tenant, if the ten-

ant or an affiliated individual of the tenant is the victim

or threatened victim of such domestic violence, dating vio-

lence, sexual assault, or stalking.

(B) B

IFURCATION

.—

(i) I

N GENERAL

.—Notwithstanding subparagraph

(A), a public housing agency or owner or manager of

housing assisted under a covered housing program

may bifurcate a lease for the housing in order to evict,

remove, or terminate assistance to any individual who

is a tenant or lawful occupant of the housing and who

engages in criminal activity directly relating to domes-

tic violence, dating violence, sexual assault, or stalking

against an affiliated individual or other individual,

without evicting, removing, terminating assistance to,

or otherwise penalizing a victim of such criminal activ-

ity who is also a tenant or lawful occupant of the

housing.

(ii) E

FFECT OF EVICTION ON OTHER TENANTS

.—If

public housing agency or owner or manager of housing

assisted under a covered housing program evicts, re-

moves, or terminates assistance to an individual under

clause (i), and the individual is the sole tenant eligible

to receive assistance under a covered housing pro-

gram, the public housing agency or owner or manager

of housing assisted under the covered housing pro-

gram shall provide any remaining tenant or resident

an opportunity to establish eligibility for the covered

housing program. If a tenant or resident described in

the preceding sentence cannot establish eligibility, the

public housing agency or owner or manager of the

housing shall provide the tenant or resident a reason-

able time, as determined by the appropriate agency, to

find new housing or to establish eligibility for housing

under another covered housing program.

ULES OF CONSTRUCTION

.—Nothing in subpara-

graph (A) shall be construed—

(i) to limit the authority of a public housing agen-

cy or owner or manager of housing assisted under a

covered housing program, when notified of a court

order, to comply with a court order with respect to—

(I) the rights of access to or control of prop-

erty, including civil protection orders issued to

protect a victim of domestic violence, dating vio-

lence, sexual assault, or stalking; or

(II) the distribution or possession of property

among members of a household in a case;

(ii) to limit any otherwise available authority of a

public housing agency or owner or manager of housing

assisted under a covered housing program to evict or

terminate assistance to a tenant for any violation of a

lease not premised on the act of violence in question

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172 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

against the tenant or an affiliated person of the ten-

ant, if the public housing agency or owner or manager

does not subject an individual who is or has been a

victim of domestic violence, dating violence, or stalk-

ing to a more demanding standard than other tenants

in determining whether to evict or terminate;

(iii) to limit the authority to terminate assistance

to a tenant or evict a tenant from housing assisted

under a covered housing program if a public housing

agency or owner or manager of the housing can dem-

onstrate that an actual and imminent threat to other

tenants or individuals employed at or providing serv-

ice to the property would be present if the assistance

is not terminated or the tenant is not evicted; or

(iv) to supersede any provision of any Federal,

State, or local law that provides greater protection

than this section for victims of domestic violence, dat-

ing violence, sexual assault, or stalking.

OCUMENTATION

.—

(1) R

EQUEST FOR DOCUMENTATION

.—If an applicant for, or

tenant of, housing assisted under a covered housing program

represents to a public housing agency or owner or manager of

the housing that the individual is entitled to protection under

subsection (b), the public housing agency or owner or manager

may request, in writing, that the applicant or tenant submit to

the public housing agency or owner or manager a form of docu-

mentation described in paragraph (3).

(2) F

AILURE TO PROVIDE CERTIFICATION

.—

(A) I

N GENERAL

.—If an applicant or tenant does not

provide the documentation requested under paragraph (1)

within 14 business days after the tenant receives a request

in writing for such certification from a public housing

agency or owner or manager of housing assisted under a

covered housing program, nothing in this chapter may be

construed to limit the authority of the public housing agen-

cy or owner or manager to—

(i) deny admission by the applicant or tenant to

the covered program;

(ii) deny assistance under the covered program to

the applicant or tenant;

(iii) terminate the participation of the applicant or

tenant in the covered program; or

(iv) evict the applicant, the tenant, or a lawful oc-

cupant that commits violations of a lease.

(B) E

XTENSION

.—A public housing agency or owner or

manager of housing may extend the 14-day deadline under

subparagraph (A) at its discretion.

(3) F

ORM OF DOCUMENTATION

.—A form of documentation

described in this paragraph is—

(A) a certification form approved by the appropriate

agency that—

(i) states that an applicant or tenant is a victim

of domestic violence, dating violence, sexual assault, or

stalking;

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173 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(ii) states that the incident of domestic violence,

dating violence, sexual assault, or stalking that is the

ground for protection under subsection (b) meets the

requirements under subsection (b); and

(iii) includes the name of the individual who com-

mitted the domestic violence, dating violence, sexual

assault, or stalking, if the name is known and safe to

provide;

(B) a document that—

(i) is signed by—

(I) an employee, agent, or volunteer of a vic-

tim service provider, an attorney, a medical pro-

fessional, or a mental health professional from

whom an applicant or tenant has sought assist-

ance relating to domestic violence, dating violence,

sexual assault, or stalking, or the effects of the

abuse; and

(II) the applicant or tenant; and

(ii) states under penalty of perjury that the indi-

vidual described in clause (i)(I) believes that the inci-

dent of domestic violence, dating violence, sexual as-

sault, or stalking that is the ground for protection

under subsection (b) meets the requirements under

subsection (b);

local law enforcement agency, court, or administrative

agency; or

(D) at the discretion of a public housing agency or

owner or manager of housing assisted under a covered

housing program, a statement or other evidence provided

by an applicant or tenant.

(4) C

ONFIDENTIALITY

.—Any information submitted to a

public housing agency or owner or manager under this sub-

section, including the fact that an individual is a victim of do-

mestic violence, dating violence, sexual assault, or stalking

shall be maintained in confidence by the public housing agency

or owner or manager and may not be entered into any shared

database or disclosed to any other entity or individual, except

to the extent that the disclosure is—

(A) requested or consented to by the individual in

writing;

(B) required for use in an eviction proceeding under

subsection (b); or

(5) D

OCUMENTATION NOT REQUIRED

.—Nothing in this sub-

section shall be construed to require a public housing agency

or owner or manager of housing assisted under a covered hous-

ing program to request that an individual submit documenta-

tion of the status of the individual as a victim of domestic vio-

lence, dating violence, sexual assault, or stalking.

(6) C

OMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE

OF UNREASONABLE ACT

.—Compliance with subsection (b) by a

public housing agency or owner or manager of housing assisted

under a covered housing program based on documentation re-

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174 Sec. 41411 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ceived under this subsection, shall not be sufficient to con-

stitute evidence of an unreasonable act or omission by the pub-

lic housing agency or owner or manager or an employee or

agent of the public housing agency or owner or manager. Noth-

ing in this paragraph shall be construed to limit the liability

of a public housing agency or owner or manager of housing as-

sisted under a covered housing program for failure to comply

with subsection (b).

(7) R

ESPONSE TO CONFLICTING CERTIFICATION

.—If a public

housing agency or owner or manager of housing assisted under

a covered housing program receives documentation under this

subsection that contains conflicting information, the public

housing agency or owner or manager may require an applicant

or tenant to submit third-party documentation, as described in

subparagraph (B), (C), or (D) of paragraph (3).

(8) P

REEMPTION

.—Nothing in this subsection shall be con-

strued to supersede any provision of any Federal, State, or

local law that provides greater protection than this subsection

for victims of domestic violence, dating violence, sexual assault,

or stalking.

(d) N

OTIFICATION

.—

(1) D

EVELOPMENT

.—The Secretary of Housing and Urban

Development shall develop a notice of the rights of individuals

under this section, including the right to confidentiality and

the limits thereof.

(2) P

ROVISION

.—Each public housing agency or owner or

manager of housing assisted under a covered housing program

shall provide the notice developed under paragraph (1), to-

gether with the form described in subsection (c)(3)(A), to an ap-

plicant for or tenants of housing assisted under a covered hous-

ing program—

(A) at the time the applicant is denied residency in a

dwelling unit assisted under the covered housing program;

(B) at the time the individual is admitted to a dwelling

unit assisted under the covered housing program;

termination of assistance; and

(D) in multiple languages, consistent with guidance

issued by the Secretary of Housing and Urban Develop-

ment in accordance with Executive Order 13166 (42 U.S.C.

2000d–1 note; relating to access to services for persons

with limited English proficiency).

(e) E

MERGENCY

RANSFERS

.—Each appropriate agency shall

adopt a model emergency transfer plan for use by public housing

agencies and owners or managers of housing assisted under cov-

ered housing programs that—

(1) allows tenants who are victims of domestic violence,

dating violence, sexual assault, or stalking to transfer to an-

other available and safe dwelling unit assisted under a covered

housing program if—

(A) the tenant expressly requests the transfer; and

(B)(i) the tenant reasonably believes that the tenant is

threatened with imminent harm from further violence if

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175 Sec. 41412 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

the tenant remains within the same dwelling unit assisted

under a covered housing program; or

(ii) in the case of a tenant who is a victim of sexual

assault, the sexual assault occurred on the premises dur-

ing the 90 day period preceding the request for transfer;

and

(2) incorporates reasonable confidentiality measures to en-

sure that the public housing agency or owner or manager does

not disclose the location of the dwelling unit of a tenant to a

person that commits an act of domestic violence, dating vio-

lence, sexual assault, or stalking against the tenant.

(f) P

OLICIES AND

ROCEDURES FOR

MERGENCY

RANSFER

.—

The Secretary of Housing and Urban Development shall establish

policies and procedures under which a victim requesting an emer-

gency transfer under subsection (e) may receive, subject to the

availability of tenant protection vouchers, assistance under section

8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).

(g) I

MPLEMENTATION

.—The appropriate agency with respect to

each covered housing program shall implement this section, as this

section applies to the covered housing program.

SEC. 41412. ø34 U.S.C. 12492¿ COMPLIANCE REVIEWS.

(a) R

EGULAR

OMPLIANCE

EVIEWS

.—

(1) I

N GENERAL

.—Each appropriate agency shall establish

a process by which to review compliance with the requirements

of this subtitle, which shall—

(A) where possible, be incorporated into other existing

compliance review processes of the appropriate agency, in

consultation with the Gender-based Violence Prevention

Office and Violence Against Women Act Director described

in section 41413 and any other relevant officials of the ap-

propriate agency; and

(B) examine—

(i) compliance with requirements prohibiting the

denial of assistance, tenancy, or occupancy rights on

the basis of domestic violence, dating violence, sexual

assault, or stalking;

(ii) compliance with confidentiality provisions set

forth in section 41411(c)(4);

(iii) compliance with the notification requirements

set forth in section 41411(d)(2);

(iv) compliance with the provisions for accepting

documentation set forth in section 41411(c);

(v) compliance with emergency transfer require-

ments set forth in section 41411(e); and

(vi) compliance with the prohibition on retaliation

set forth in section 41414.

(2) F

REQUENCY

.—Each appropriate agency shall conduct

the review described in paragraph (1) on a regular basis, as de-

termined by the appropriate agency.

(b) R

EGULATIONS

.—

(1) I

N GENERAL

.—Not later than 2 years after the date of

enactment of the Violence Against Women Act Reauthorization

Act of 2022, each appropriate agency shall issue regulations in

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176 Sec. 41413 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

accordance with section 553 of title 5, United States Code, to

implement subsection (a) of this section, which shall—

(A) define standards of compliance under covered

housing programs;

(B) include detailed reporting requirements, including

the number of emergency transfers requested and granted,

as well as the length of time needed to process emergency

transfers; and

compliance standards have not been met.

(2) C

ONSULTATION

.—In developing the regulations under

paragraph (1), an appropriate agency shall engage in addi-

tional consultation with appropriate stakeholders including, as

appropriate—

(A) individuals and organizations with expertise in the

housing needs and experiences of victims of domestic vio-

lence, dating violence, sexual assault and stalking; and

(B) individuals and organizations with expertise in the

administration or management of covered housing pro-

grams, including industry stakeholders and public housing

agencies.

UBLIC

ISCLOSURE

.—Each appropriate agency shall ensure

that an agency-level assessment of the information collected during

the compliance review process completed pursuant to this sub-

section—

(1) includes an evaluation of each topic identified in sub-

section (a); and

(2) is made publicly available.

SEC. 41413. ø34 U.S.C. 12493¿ DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT GENDER-BASED VIOLENCE PREVENTION

OFFICE AND VIOLENCE AGAINST WOMEN ACT DIRECTOR.

(a) E

STABLISHMENT

.—The Secretary of Housing and Urban De-

velopment shall establish a Gender-based Violence Prevention Of-

fice with a Violence Against Women Act Director (in this section re-

ferred to as the ‘‘Director’’).

(b) D

UTIES

.—The Director shall, among other duties—

(1) support implementation of this chapter;

(2) coordinate with Federal agencies on legislation, imple-

mentation, and other issues affecting the housing provisions

under this subtitle, as well as other issues related to advancing

housing protections for victims of domestic violence, dating vio-

lence, sexual assault, and stalking;

(3) coordinate with State and local governments and agen-

cies, including State housing finance agencies, regarding ad-

vancing housing protections and access to housing for victims

of domestic violence, dating violence, sexual assault, and stalk-

ing;

(4) ensure that technical assistance and support are pro-

vided to each appropriate agency and housing providers re-

garding implementation of this subtitle, as well as other issues

related to advancing housing protections for victims of domes-

tic violence, dating violence, sexual assault, and stalking, in-

cluding compliance with this subtitle;

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177 Sec. 41415 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(5) implement internal systems to track, monitor, and ad-

dress compliance failures; and

(6) address the housing needs and barriers faced by vic-

tims of sexual assault, as well as sexual coercion and sexual

harassment by a public housing agency or owner or manager

of housing assisted under a covered housing program.

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section such sums as may be

necessary for fiscal years 2023 through 2027.

SEC. 41414. ø34 U.S.C. 12494¿ PROHIBITION ON RETALIATION.

(a) N

RETALIATION

EQUIREMENT

.—No public housing agen-

cy or owner or manager of housing assisted under a covered hous-

ing program shall discriminate against any person because that

person has opposed any act or practice made unlawful by this sub-

title, or because that person testified, assisted, or participated in

any matter related to this chapter.

(b) P

ROHIBITION ON

OERCION

.—No public housing agency or

owner or manager of housing assisted under a covered housing pro-

gram shall coerce, intimidate, threaten, or interfere with, or retali-

ate against, any person in the exercise or enjoyment of, on account

of the person having exercised or enjoyed, or on account of the per-

son having aided or encouraged any other person in the exercise or

enjoyment of, any rights or protections under this chapter, includ-

ing—

(1) intimidating or threatening any person because that

person is assisting or encouraging a person entitled to claim

the rights or protections under this chapter; and

(2) retaliating against any person because that person has

participated in any investigation or action to enforce this chap-

ter.

MPLEMENTATION

.—The Secretary of Housing and Urban

Development and the Attorney General shall implement and en-

force this chapter consistent with, and in a manner that provides,

the rights and remedies provided for in title VIII of the Civil Rights

Act of 1968 (42 U.S.C. 3601 et seq.).

SEC. 41415. ø34 U.S.C. 12495¿ RIGHT TO REPORT CRIME AND EMER-

GENCIES FROM ONE’S HOME.

(a) D

EFINITION

.—In this section, the term ‘‘covered govern-

mental entity’’ means any municipal, county, or State government

that receives funding under section 106 of the Housing and Com-

munity Development Act of 1974 (42 U.S.C. 5306).

(b) R

IGHT TO

EPORT

.—

(1) I

N GENERAL

.—Landlords, homeowners, tenants, resi-

dents, occupants, and guests of, and applicants for, housing—

(A) shall have the right to seek law enforcement or

emergency assistance on their own behalf or on behalf of

another person in need of assistance; and

(B) shall not be penalized based on their requests for

assistance or based on criminal activity of which they are

a victim or otherwise not at fault under statutes, ordi-

nances, regulations, or policies adopted or enforced by cov-

ered governmental entities.

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178 Sec. 41416 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) P

ROHIBITED PENALTIES

.—Penalties that are prohibited

under paragraph (1) include—

(A) actual or threatened assessment of monetary or

criminal penalties, fines, or fees;

(B) actual or threatened eviction;

ancy;

(D) actual or threatened refusal to issue an occupancy

permit or landlord permit; and

(E) actual or threatened closure of the property, or

designation of the property as a nuisance or a similarly

negative designation.

EPORTING

.—Consistent with the process described in sec-

tion 104(b) of the Housing and Community Development Act of

1974 (42 U.S.C. 5304(b)), covered governmental entities shall—

(1) report any of their laws or policies, or, as applicable,

the laws or policies adopted by subgrantees, that impose pen-

alties on landlords, homeowners, tenants, residents, occupants,

guests, or housing applicants based on requests for law en-

forcement or emergency assistance or based on criminal activ-

ity that occurred at a property; and

(2) certify that they are in compliance with the protections

under this subtitle or describe the steps the covered govern-

mental entities will take within 180 days to come into compli-

ance, or to ensure compliance among subgrantees.

(d) I

MPLEMENTATION

.—The Secretary of Housing and Urban

Development and the Attorney General shall implement and en-

force this chapter consistent with, and in a manner that provides,

the same rights and remedies as those provided for in title VIII of

the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.).

(e) S

UBGRANTEES

.—For those covered governmental entities

that distribute funds to subgrantees, compliance with subsection

(c)(1) includes inquiring about the existence of laws and policies

adopted by subgrantees that impose penalties on landlords, home-

owners, tenants, residents, occupants, guests, or housing applicants

based on requests for law enforcement or emergency assistance or

based on criminal activity that occurred at a property.

SEC. 41416. ø34 U.S.C. 12496¿ TRAINING AND TECHNICAL ASSISTANCE

GRANTS.

There is authorized to be appropriated to the Secretary of

Housing and Urban Development such sums as may be necessary

for fiscal years 2023 through 2027 to be used for training and tech-

nical assistance to support the implementation of this chapter, in-

cluding technical assistance agreements with entities whose pri-

mary purpose and expertise is assisting survivors of sexual assault

and domestic violence or providing culturally specific services to

victims of domestic violence, dating violence, sexual assault, and

stalking.

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179 Sec. 41501 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle O—National Resource Center

SEC. 41501. ø34 U.S.C. 12501¿ GRANT FOR NATIONAL RESOURCE CEN-

TER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF

DOMESTIC AND SEXUAL VIOLENCE.

(a) A

UTHORITY

.—The Attorney General, acting through the Di-

rector of the Office on Violence Against Women, may award a grant

to an eligible nonprofit nongovernmental entity or tribal organiza-

tion, in order to provide for the establishment and operation of a

national resource center on workplace responses to assist victims

of domestic and sexual violence and sexual harassment. The re-

source center shall provide information and assistance to employ-

ers, labor organizations, and victim service providers to aid in their

efforts to develop and implement responses to such violence.

(b) A

PPLICATIONS

.—To be eligible to receive a grant under this

section, an entity or organization shall submit an application to the

Attorney General at such time, in such manner, and containing

such information as the Attorney General may require, including—

(1) information that demonstrates that the entity or orga-

nization has nationally recognized expertise in the area of do-

mestic or sexual violence;

(2) a plan to maximize, to the extent practicable, outreach

to employers (including private companies, public entities such

as public institutions of higher education and State and local

governments, and employers with fewer than 20 employees)

and labor organizations described in subsection (a) concerning

developing and implementing workplace responses to assist

victims of domestic or sexual violence; and

(3) a plan for developing materials and training for mate-

rials for employers that address the needs of employees in

cases of domestic violence, dating violence, sexual assault,

stalking, and sexual harassment impacting the workplace, in-

cluding the needs of underserved communities, which mate-

rials shall include a website with resources for employers with

fewer than 20 employees, including live training materials.

SE OF

RANT

MOUNT

.—

(1) I

N GENERAL

.—An entity or organization that receives a

grant under this section may use the funds made available

through the grant for staff salaries, travel expenses, equip-

ment, printing, and other reasonable expenses necessary to de-

velop, maintain, and disseminate to employers and labor orga-

nizations described in subsection (a), information and assist-

ance concerning workplace responses to assist victims of do-

mestic or sexual violence or sexual harassment.

(2) R

ESPONSES

.—Responses referred to in paragraph (1)

may include—

(A) providing training to promote a better under-

standing of workplace assistance to victims of domestic or

sexual violence or sexual harassment;

(B) providing conferences and other educational oppor-

tunities; and

(d) L

IABILITY

.—The compliance or noncompliance of any em-

ployer or labor organization with any protocol or policy developed

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180 Sec. 41601 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

by an entity or organization under this section shall not serve as

a basis for liability in tort, express or implied contract, or by any

other means. No protocol or policy developed by an entity or organi-

zation under this section shall be referenced or enforced as a work-

place safety standard by any Federal, State, or other governmental

agency.

(e) P

ATHWAYS TO

PPORTUNITY

ILOT

ROJECT

.—An eligible

nonprofit nongovernmental entity or tribal organization that re-

ceives a grant under this section may develop a plan to enhance

the capacity of survivors to obtain and maintain employment, in-

cluding through the implementation of a demonstration pilot pro-

gram to be known as ‘‘Pathways to Opportunity’’, which shall—

(1) build collaborations between and among victim service

providers, workforce development programs, and educational

and vocational institutions to provide trauma informed pro-

gramming to support survivors seeking employment; and

(2) be centered around culturally specific organizations or

organizations that primarily serve populations traditionally

marginalized in the workplace.

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized to

be appropriated to carry out this section $2,000,000 for each of fis-

cal years 2023 through 2027.

(g) A

VAILABILITY OF

RANT

UNDS

.—Funds appropriated under

this section shall remain available until expended.

Subtitle P—Sexual Assault Services

SEC. 41601. ø34 U.S.C. 12511¿ SEXUAL ASSAULT SERVICES PROGRAM.

(a) P

URPOSES

.—The purposes of this section are—

(1) to assist States, Indian tribes, and territories in pro-

viding intervention, advocacy, accompaniment, support serv-

ices, and related assistance for—

(A) adult, youth, and child victims of sexual assault;

(B) family and household members of such victims;

and

cept for the perpetrator of such victimization; and

(2) to provide for technical assistance and training relating

to sexual assault to—

(A) Federal, State, tribal, territorial and local govern-

ments, law enforcement agencies, and courts;

(B) professionals working in legal, social service, and

health care settings;

(D) faith-based organizations; and

(E) other individuals and organizations seeking such

assistance.

(b) G

RANTS TO

TATES AND

ERRITORIES

.—

(1) G

RANTS AUTHORIZED

.—The Attorney General shall

award grants to States and territories to support the establish-

ment, maintenance, and expansion of rape crisis centers and

other nongovernmental or tribal programs and projects to as-

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181 Sec. 41601 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

sist individuals who have been victimized by sexual assault,

without regard to the age of the individual.

(2) A

LLOCATION AND USE OF FUNDS

.—

(A) A

DMINISTRATIVE COSTS

.—Not more than 5 percent

of the grant funds received by a State or territory govern-

mental agency under this subsection for any fiscal year

may be used for administrative costs.

(B) G

RANT FUNDS

.—Any funds received by a State or

territory under this subsection that are not used for ad-

ministrative costs shall be used to provide grants to rape

crisis centers and other nonprofit, nongovernmental orga-

nizations or tribal programs and activities for programs

and activities within such State or territory that provide

direct intervention and related assistance.

NTERVENTION AND RELATED ASSISTANCE

.—Inter-

vention and related assistance under subparagraph (B)

may include—

(i) 24-hour hotline services providing crisis inter-

vention services and referral;

(ii) accompaniment and advocacy through medical,

criminal justice, and social support systems, including

medical facilities, police, and court proceedings;

(iii) crisis intervention, short-term individual and

group support services, direct payments, and com-

prehensive service coordination and supervision to as-

sist sexual assault victims and family or household

members;

(iv) information and referral to assist the sexual

assault victim and family or household members;

(v) community-based, culturally specific services

and support mechanisms, including outreach activities

for underserved communities; and

(vi) the development and distribution of materials

on issues related to the services described in clauses

(i) through (v).

(3) A

PPLICATION

.—

(A) I

N GENERAL

.—Each eligible entity desiring a grant

under this subsection shall submit an application to the

Attorney General at such time and in such manner as the

Attorney General may reasonably require.

(B) C

ONTENTS

.—Each application submitted under

subparagraph (A) shall—

(i) set forth procedures designed to ensure mean-

ingful involvement of the State or territorial sexual as-

sault coalition and representatives from underserved

communities in the development of the application and

the implementation of the plans;

(ii) set forth procedures designed to ensure an eq-

uitable distribution of grants and grant funds within

the State or territory and between urban and rural

areas within such State or territory;

(iii) identify the State or territorial agency that is

responsible for the administration of programs and ac-

tivities; and

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182 Sec. 41601 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(iv) meet other such requirements as the Attorney

General reasonably determines are necessary to carry

out the purposes and provisions of this section.

(4) M

INIMUM AMOUNT

.—The Attorney General shall allo-

cate to each State (including the District of Columbia and

Puerto Rico) not less than 1.50 percent of the total amount ap-

propriated in a fiscal year for grants under this section, except

that the United States Virgin Islands, American Samoa,

Guam, and the Commonwealth of the Northern Mariana Is-

lands shall each be allocated 0.5 percent of the total appropria-

tions. The remaining funds shall be allotted to each State and

each territory in an amount that bears the same ratio to such

remaining funds as the population of such State and such ter-

ritory bears to the population of all the States and the terri-

tories.

RANTS FOR

ULTURALLY

PECIFIC

ROGRAMS

DDRESSING

EXUAL

SSAULT

.—

(1) G

RANTS AUTHORIZED

.—The Attorney General shall

award grants to eligible entities to support the establishment,

maintenance, and expansion of culturally specific intervention

and related assistance for victims of sexual assault.

(2) E

LIGIBLE ENTITIES

.—To be eligible to receive a grant

under this section, an entity shall—

(A) be a private nonprofit organization that focuses

primarily on culturally specific communities;

(B) must have documented organizational experience

in the area of sexual assault intervention or have entered

into a partnership with an organization having such exper-

tise;

based, linguistically and culturally specific outreach and

intervention services relevant for the specific communities

to whom assistance would be provided or have the capacity

to link to existing services in the community tailored to

the needs of culturally specific populations; and

(D) have an advisory board or steering committee and

staffing which is reflective of the targeted culturally spe-

cific community.

(3) A

WARD BASIS

.—The Attorney General shall award

grants under this section on a competitive basis.

(4) D

ISTRIBUTION

.—The Attorney General shall not use

more than 2.5 percent of funds appropriated under this sub-

section in any year for administration, monitoring, and evalua-

tion of grants made available under this subsection.

(5) T

ERM

.—The Attorney General shall make grants under

this section for a period of no less than 2 fiscal years.

(6) T

ECHNICAL ASSISTANCE

.—The Attorney General shall

provide technical assistance to recipients of grants under this

subsection by entering into a cooperative agreement or contract

with a national, nonprofit, nongovernmental organization or or-

ganizations whose primary focus and expertise is in addressing

sexual assault within culturally specific communities.

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183 Sec. 41601 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(7) R

EPORTING

.—Each entity receiving a grant under this

subsection shall submit a report to the Attorney General that

describes the activities carried out with such grant funds.

(d) G

RANTS TO

TATE

, T

ERRITORIAL

AND

RIBAL

EXUAL

SAULT

OALITIONS

.—

(1) G

RANTS AUTHORIZED

.—

(A) I

N GENERAL

.—The Attorney General shall award

grants to State, territorial, and tribal sexual assault coali-

tions to assist in supporting the establishment, mainte-

nance, and expansion of such coalitions.

(B) M

INIMUM AMOUNT

.—Not less than 10 percent of

the total amount appropriated to carry out this section

shall be used for grants under subparagraph (A).

LIGIBLE APPLICANTS

.—Each of the State, terri-

torial, and tribal sexual assault coalitions.

(2) U

SE OF FUNDS

.—Grant funds received under this sub-

section may be used to—

(A) work with local sexual assault programs and other

providers of direct services to encourage appropriate re-

sponses to sexual assault within the State, territory, or

tribe;

(B) work with judicial and law enforcement agencies to

encourage appropriate responses to sexual assault cases;

cies, and children’s advocates to develop appropriate re-

sponses to child custody and visitation issues when sexual

assault has been determined to be a factor;

(D) design and conduct public education campaigns;

(E) plan and monitor the distribution of grants and

grant funds to their State, territory, or tribe; or

(F) collaborate with and inform Federal, State, or local

public officials and agencies to develop and implement

policies to reduce or eliminate sexual assault.

(3) A

LLOCATION AND USE OF FUNDS

.—From amounts appro-

priated for grants under this subsection for each fiscal year—

(A) not less than 10 percent of the funds shall be

available for grants to tribal sexual assault coalitions; and

(B) the remaining funds shall be available for grants

to State and territorial coalitions, and the Attorney Gen-

eral shall allocate an amount equal to

⁄

of the amounts

so appropriated to each of those State and territorial coali-

tions.

(4) A

PPLICATION

.—Each eligible entity desiring a grant

under this subsection shall submit an application to the Attor-

ney General at such time, in such manner, and containing such

information as the Attorney General determines to be essential

to carry out the purposes of this section.

(5) F

IRST

TIME APPLICANTS

.—No entity shall be prohibited

from submitting an application under this subsection during

any fiscal year for which funds are available under this sub-

section because such entity has not previously applied or re-

ceived funding under this subsection.

(e) G

RANTS TO

RIBES

.—

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184 Sec. 41701 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) G

RANTS AUTHORIZED

.—The Attorney General may

award grants to Indian tribes, tribal organizations, and non-

profit tribal organizations for the operation of sexual assault

programs or projects in Indian tribal lands and Alaska Native

villages to support the establishment, maintenance, and expan-

sion of programs and projects to assist those victimized by sex-

ual assault.

(2) A

LLOCATION AND USE OF FUNDS

.—

(A) A

DMINISTRATIVE COSTS

.—Not more than 5 percent

of the grant funds received by an Indian tribe, tribal orga-

nization, and nonprofit tribal organization under this sub-

section for any fiscal year may be used for administrative

costs.

(B) G

RANT FUNDS

.—Any funds received under this

subsection that are not used for administrative costs shall

be used to provide grants to tribal organizations and non-

profit tribal organizations for programs and activities with-

in Indian country and Alaskan native villages that provide

direct intervention and related assistance.

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—

(1) I

N GENERAL

.—There are authorized to be appropriated

$100,000,000 to remain available until expended for each of fis-

cal years 2023 through 2027 to carry out the provisions of this

section.

(2) A

LLOCATIONS

.—Of the total amounts appropriated for

each fiscal year to carry out this section—

(A) not more than 2.5 percent shall be used by the At-

torney General for evaluation, monitoring, and other ad-

ministrative costs under this section;

(B) not more than 8 percent shall be used for the pro-

vision of technical assistance to grantees and subgrantees

under this section of which not less than 20 percent shall

be available for technical assistance to recipients and po-

tential recipients of grants under subsection (c);

to States and territories under subsection (b);

(D) not less than 10 percent shall be used for making

grants to State, territorial, and tribal sexual assault coali-

tions under subsection (d);

(E) not less than 10 percent shall be used for grants

to tribes under subsection (e); and

(F) not less than 10 percent shall be used for grants

for culturally specific programs addressing sexual assault

under subsection (c).

Subtitle Q—Trauma-informed, Victim-

centered Training for Law Enforcement

SEC. 41701. ø34 U.S.C. 12513¿ DEMONSTRATION PROGRAM ON TRAUMA-

INFORMED, VICTIM-CENTERED TRAINING FOR LAW EN-

FORCEMENT.

(a) D

EFINITIONS

.—In this section—

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As Amended Through P.L. 117-315, Enacted December 27, 2022

185 Sec. 41701 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) the term ‘‘Attorney General’’ means the Attorney Gen-

eral, acting through the Director of the Office on Violence

Against Women;

(2) the term ‘‘covered individual’’ means an individual who

interfaces with victims of domestic violence, dating violence,

sexual assault, and stalking, including—

(A) an individual working for or on behalf of an eligi-

ble entity;

(B) an administrator or personnel of a school, univer-

sity, or other educational program or activity (including a

campus police officer or a school resource officer); and

(3) the term ‘‘demonstration site’’, with respect to an eligi-

ble entity that receives a grant under this section, means the

area over which the eligible entity has jurisdiction;

(4) the term ‘‘eligible entity’’ means a State, local, terri-

torial, or Tribal law enforcement agency; and

(5) the term ‘‘mandatory partner’’ means a national, re-

gional, or local victim services organization or agency working

in collaboration with a law enforcement agency described in

paragraph (4).

(b) G

RANTS

UTHORIZED

.—

(1) I

N GENERAL

.—The Attorney General shall award grants

on a competitive basis to eligible entities to collaborate with

their mandatory partners to carry out the demonstration pro-

gram under this section by implementing evidence-based or

promising investigative policies and practices to incorporate

trauma-informed, victim-centered techniques designed to—

(A) prevent re-traumatization of the victim;

(B) ensure that covered individuals use evidence-based

practices to respond to and investigate cases of domestic

violence, dating violence, sexual assault, and stalking;

enforcement officers in an effort to increase the likelihood

of the successful investigation and prosecution of the re-

ported crime in a manner that protects the victim to the

greatest extent possible;

(D) increase collaboration among stakeholders who are

part of the coordinated community response to domestic vi-

olence, dating violence, sexual assault, and stalking; and

(E) evaluate the effectiveness of the training process

and content.

(2) A

WARD BASIS

.—The Attorney General shall award

grants under this section to multiple eligible entities for use in

a variety of settings and communities, including—

(A) urban, suburban, Tribal, remote, and rural areas;

(B) college campuses; or

SE OF

UNDS

.—An eligible entity that receives a grant

under this section shall use the grant to—

(1) train covered individuals within the demonstration site

of the eligible entity to use evidence-based, trauma-informed,

and victim-centered techniques and knowledge of crime vic-

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186 Sec. 41701 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tims’ rights throughout an investigation into domestic violence,

dating violence, sexual assault, or stalking, including by—

(A) conducting victim interviews in a manner that—

(i) elicits valuable information about the domestic

violence, dating violence, sexual assault, or stalking;

and

(ii) avoids re-traumatization of the victim;

(B) conducting field investigations that mirror best

and promising practices available at the time of the inves-

tigation;

culturally and linguistically appropriate approach to the

community being served;

(D) becoming proficient in understanding and respond-

ing to complex cases, including cases of domestic violence,

dating violence, sexual assault, or stalking—

(i) facilitated by alcohol or drugs;

(ii) involving strangulation;

(iii) committed by a non-stranger;

(iv) committed by an individual of the same sex as

the victim;

(v) involving a victim with a disability;

(vi) involving a male victim; or

(vii) involving a lesbian, gay, bisexual, or

transgender (commonly referred to as ‘‘LGBT’’) victim;

(E) developing collaborative relationships between—

(i) law enforcement officers and other members of

the response team; and

(ii) the community being served; and

(F) developing an understanding of how to define,

identify, and correctly classify a report of domestic vio-

lence, dating violence, sexual assault, or stalking; and

(2) promote the efforts of the eligible entity to improve the

response of covered individuals to domestic violence, dating vi-

olence, sexual assault, and stalking through various commu-

nication channels, such as the website of the eligible entity, so-

cial media, print materials, and community meetings, in order

to ensure that all covered individuals within the demonstration

site of the eligible entity are aware of those efforts and in-

cluded in trainings, to the extent practicable.

(d) D

EMONSTRATION

ROGRAM

RAININGS ON

RAUMA

FORMED

, V

ICTIM

-C

ENTERED

PPROACHES

.—

(1) I

DENTIFICATION OF EXISTING TRAININGS

.—

(A) I

N GENERAL

.—The Attorney General shall identify

trainings for law enforcement officers, in existence as of

the date on which the Attorney General begins to solicit

applications for grants under this section, that—

(i) employ a trauma-informed, victim-centered ap-

proach to domestic violence, dating violence, sexual as-

sault, and stalking; and

(ii) focus on the fundamentals of—

(I) trauma responses;

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187 Sec. 41801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(II) the impact of trauma on victims of domes-

tic violence, dating violence, sexual assault, and

stalking; and

(III) techniques for effectively investigating

domestic violence, dating violence, sexual assault,

and stalking.

(B) S

ELECTION

.—An eligible entity that receives a

grant under this section shall select one or more of the ap-

proaches employed by a training identified under subpara-

graph (A) to test within the demonstration site of the eligi-

ble entity.

(2) C

ONSULTATION

.—In carrying out paragraph (1), the At-

torney General shall consult with the Director of the Office for

Victims of Crime in order to seek input from and cultivate con-

sensus among outside practitioners and other stakeholders

through facilitated discussions and focus groups on best prac-

tices in the field of trauma-informed, victim-centered care for

victims of domestic violence, dating violence, sexual assault,

and stalking.

(e) E

VALUATION

.—The Attorney General, in consultation with

the Director of the National Institute of Justice, shall require each

eligible entity that receives a grant under this section to identify

a research partner, preferably a local research partner, to—

(1) design a system for generating and collecting the ap-

propriate data to facilitate an independent process or impact

evaluation of the use of the grant funds;

(2) periodically conduct an evaluation described in para-

graph (1); and

(3) periodically make publicly available, during the grant

period—

(A) preliminary results of the evaluations conducted

under paragraph (2); and

(B) recommendations for improving the use of the

grant funds.

(f) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to the Attorney General $5,000,000 for each of

fiscal years 2023 through 2027 to carry out this section.

(g) R

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed to interfere with the due process rights of any individual.

Subtitle R—Restorative Practices

SEC. 41801. ø34 U.S.C. 12514¿ PILOT PROGRAM ON RESTORATIVE PRAC-

TICES.

(a) D

EFINITIONS

.—In this section:

(1) D

IRECTOR

.—The term ‘‘Director’’ means the Director of

the Office on Violence Against Women.

(2) E

LIGIBLE ENTITY

.—The term ‘‘eligible entity’’ means—

(A) a State;

(B) a unit of local government;

(D) a tribal organization;

(E) a victim service provider;

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188 Sec. 41801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(F) an institution of higher education (as defined in

section 101(a) of the Higher Education Act of 1965 (20

U.S.C. 1001(a)); and

(G) a private or public nonprofit organization, includ-

ing—

(i) a tribal nonprofit organization; and

(ii) a faith-based nonprofit organization.

(3) R

ESTORATIVE PRACTICE

.—The term ‘‘restorative prac-

tice’’ means a practice relating to a specific harm that—

(A) is community-based and unaffiliated with any civil

or criminal legal process;

(B) is initiated by a victim of the harm;

dence of coercion or intimidation of any victim of the harm

by any individual who committed the harm or anyone as-

sociated with any such individual—

(i) 1 or more individuals who committed the harm;

(ii) 1 or more victims of the harm; and

(iii) the community affected by the harm through

1 or more representatives of the community;

(D) shall include and has the goal of—

(i) collectively seeking accountability from 1 or

more individuals who committed the harm;

(ii) developing a written process whereby 1 or

more individuals who committed the harm will take

responsibility for the actions that caused harm to 1 or

more victims of the harm; and

(iii) developing a written course of action plan—

(I) that is responsive to the needs of 1 or more

victims of the harm; and

(II) upon which 1 or more victims, 1 or more

individuals who committed the harm, and the

community can agree; and

(E) is conducted in a victim services framework that

protects the safety and supports the autonomy of 1 or more

victims of the harm and the community.

(b) G

RANTS

UTHORIZED

.—The Director shall award grants to

eligible entities to develop and implement a program, or to assess

best practices, for—

(1) restorative practices to prevent or address domestic vio-

lence, dating violence, sexual assault, or stalking;

(2) training by eligible entities, or for eligible entities,

courts, or prosecutors, on restorative practices and program

implementation; and

(3) evaluations of a restorative practice described in para-

graph (1).

RIORITY

.—In awarding grants under subsection (b), the Di-

rector shall give priority to eligible entities that submit proposals

that meaningfully address the needs of culturally specific or under-

served populations.

(d) Q

UALIFICATIONS

.—To be eligible to receive a grant under

this section, an eligible entity shall demonstrate a history of com-

prehensive training and experience in working with victims of do-

mestic violence, dating violence, sexual assault, or stalking.

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189 Sec. 41801 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(e) P

ROGRAM

EQUIREMENTS

.—

(1) I

N GENERAL

.—An eligible entity or a subgrantee of an

eligible entity that offers a restorative practices program with

funds awarded under this section shall ensure that such pro-

gram—

(A) includes set practices and procedures for screening

the suitability of any individual who committed a harm

based on—

(i) the history of civil and criminal complaints

against the individual involving domestic violence,

sexual assault, dating violence, or stalking;

(ii) parole or probation violations of the individual

or whether active parole or probation supervision of

the individual is being conducted for prior offenses in-

volving domestic violence, sexual assault, dating vio-

lence, or stalking;

(iii) the risk to the safety of any victim of the

harm based on an evidence-based risk assessment;

(iv) the risk to public safety, including an evi-

dence-based risk assessment of the danger to the pub-

lic; and

(v) past participation of any individual who com-

mitted the harm in restorative practice programing;

and

(B) denies eligibility to participate in the program for

any individual who committed a harm against whom there

is—

(i) a pending felony or misdemeanor prosecution

for an offense against any victim of the harm or a de-

pendent of any such victim;

(ii) a restraining order or a protection order (as

defined in section 2266 of title 18, United States Code)

that protects any victim of the harm or a dependent

of any such victim, unless there is an exception in the

restraining order or protective order allowing for par-

ticipation in a restorative practices program;

(iii) a pending criminal charge involving or relat-

ing to sexual assault, including rape, human traf-

ficking, or child abuse, including child sexual abuse; or

(iv) a conviction for child sexual abuse against the

victim or a sibling of the victim if the victim or sibling

of the victim is currently a minor.

(2) R

EFERRAL

.—With respect to a risk assessment de-

scribed in paragraph (1)(A)(iii) for which an eligible entity or

a subgrantee of an eligible entity determines that a victim or

a dependent of a victim are at significant risk of subsequent

serious injury, sexual assault, or death, the eligible entity or

subgrantee shall refer the victim or dependent to other victim

services, instead of restorative practices.

(f) N

ONDISCLOSURE OF

ONFIDENTIAL OR

RIVATE

NFORMA

TION

.—For the purpose of section 40002(b)(2), an individual de-

scribed in subsection (a)(3)(C) shall be considered a person receiv-

ing services.

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190 Sec. 50001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(g) R

ELATION TO

RIMINAL

USTICE

NTERVENTION

.—Restora-

tive practices performed with funds awarded under this section are

not intended to function as a replacement for criminal justice inter-

vention for a specific harm.

(h) R

EPORTS

.—

(1) R

EPORT TO DIRECTOR

.—As a part of the report required

to be submitted under section 40002(b)(6), an eligible entity

that receives a grant under this section shall annually submit

to the Director information relating to the effectiveness of the

restorative practices carried out with amounts from the grant,

including—

(A) the number of individuals for whom the eligible

entity supported a restorative practice;

(B) if applicable, the number of individuals who—

(i) sought restorative practices from the eligible

entity; and

(ii) the eligible entity could not serve;

(i) who sought restorative practice training;

(ii) who received restorative practice training;

(iii) who provided restorative practice training;

and

(iv) to whom the eligible entity could not provide

restorative practice training;

(D) a victim evaluation component that is documented

through survey or interview, including the satisfaction of

victims of a harm with the restorative practice services;

(E) if applicable, the number of individuals who com-

mitted a harm and—

(i) successfully completed and executed a written

course of action plan;

(ii) failed to successfully complete and execute a

written course of action plan; and

(iii) were involved in a criminal or civil complaint

involving domestic violence, dating violence, sexual as-

sault, or stalking against the victims or victims during

the course of the restorative practice process; and

(F) any other qualitative or quantitative information

determined by the Director.

(2) R

EPORT TO CONGRESS

.—Not later than 2 years after the

date of enactment of this section, and biennially thereafter, the

Director shall submit to Congress a report that summarizes

the reports received by the Director under paragraph (1).

(i) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to the Director such sums as may be necessary

for each of fiscal years 2023 through 2027 to carry out this section.

TITLE V—DRUG COURTS

SEC. 50001. DRUG COURTS.

(a) I

ENERAL

.—Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by

section 40231(a), is amended—

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191 Sec. 50001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) by redesignating part V as part W;

(2) by redesignating section 2201 as section 2301; and

(3) by inserting after part U the following new part:

‘‘PART V—DRUG COURTS

‘‘SEC. 2201. GRANT AUTHORITY.

‘‘The Attorney General may make grants to States, State

courts, local courts, units of local government, and Indian tribal

governments, acting directly or through agreements with other

public or private entities, for programs that involve—

‘‘(1) continuing judicial supervision over offenders with

substance abuse problems who are not violent offenders; and

‘‘(2) the integrated administration of other sanctions and

services, which shall include—

‘‘(A) mandatory periodic testing for the use of con-

trolled substances or other addictive substances during

any period of supervised release or probation for each par-

ticipant;

‘‘(B) substance abuse treatment for each participant;

‘‘(C) diversion, probation, or other supervised release

involving the possibility of prosecution, confinement, or in-

carceration based on noncompliance with program require-

ments or failure to show satisfactory progress; and

‘‘(D) programmatic, offender management, and

aftercare services such as relapse prevention, health care,

education, vocational training, job placement, housing

placement, and child care or other family support services

for each participant who requires such services.

‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFEND-

ERS.

‘‘The Attorney General shall—

‘‘(1) issue regulations and guidelines to ensure that the

programs authorized in this part do not permit participation by

violent offenders; and

‘‘(2) immediately suspend funding for any grant under this

part, pending compliance, if the Attorney General finds that

violent offenders are participating in any program funded

under this part.

‘‘SEC. 2203. DEFINITION.

‘‘In this part, ‘violent offender’ means a person who—

‘‘(1) is charged with or convicted of an offense, during the

course of which offense or conduct—

‘‘(A) the person carried, possessed, or used a firearm

or dangerous weapon;

‘‘(B) there occurred the death of or serious bodily in-

jury to any person; or

‘‘(C) there occurred the use of force against the person

of another,

without regard to whether any of the circumstances described

in subparagraph (A), (B), or (C) is an element of the offense or

conduct of which or for which the person is charged or con-

victed; or

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‘‘(2) has one or more prior convictions for a felony crime of

violence involving the use or attempted use of force against a

person with the intent to cause death or serious bodily harm.

‘‘SEC. 2204. ADMINISTRATION.

‘‘(a) C

ONSULTATION

.—The Attorney General shall consult with

the Secretary of Health and Human Services and any other appro-

priate officials in carrying out this part.

‘‘(b) U

SE OF

OMPONENTS

.—The Attorney General may utilize

any component or components of the Department of Justice in car-

rying out this part.

‘‘(c) R

EGULATORY

UTHORITY

.—The Attorney General may

issue regulations and guidelines necessary to carry out this part.

‘‘(d) A

PPLICATIONS

.—In addition to any other requirements that

may be specified by the Attorney General, an application for a

grant under this part shall—

‘‘(1) include a long-term strategy and detailed implementa-

tion plan;

‘‘(2) explain the applicant’s inability to fund the program

adequately without Federal assistance;

‘‘(3) certify that the Federal support provided will be used

to supplement, and not supplant, State, Indian tribal, and local

sources of funding that would otherwise be available;

‘‘(4) identify related governmental or community initiatives

which complement or will be coordinated with the proposal;

‘‘(5) certify that there has been appropriate consultation

with all affected agencies and that there will be appropriate co-

ordination with all affected agencies in the implementation of

the program;

‘‘(6) certify that participating offenders will be supervised

by one or more designated judges with responsibility for the

drug court program;

‘‘(7) specify plans for obtaining necessary support and con-

tinuing the proposed program following the conclusion of Fed-

eral support; and

‘‘(8) describe the methodology that will be used in evalu-

ating the program.

‘‘SEC. 2205. APPLICATIONS.

‘‘To request funds under this part, the chief executive or the

chief justice of a State or the chief executive or chief judge of a unit

of local government or Indian tribal government shall submit an

application to the Attorney General in such form and containing

such information as the Attorney General may reasonably require.

‘‘SEC. 2206. FEDERAL SHARE.

‘‘The Federal share of a grant made under this part may not

exceed 75 percent of the total costs of the program described in the

application submitted under section 2205 for the fiscal year for

which the program receives assistance under this part, unless the

Attorney General waives, wholly or in part, the requirement of a

matching contribution under this section. In-kind contributions

may constitute a portion of the non-Federal share of a grant.

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‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION.

‘‘The Attorney General shall ensure that, to the extent prac-

ticable, an equitable geographic distribution of grant awards is

made.

‘‘SEC. 2208. REPORT.

‘‘A State, Indian tribal government, or unit of local government

that receives funds under this part during a fiscal year shall sub-

mit to the Attorney General a report in March of the following year

regarding the effectiveness of this part.

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

‘‘(a) T

ECHNICAL

SSISTANCE AND

RAINING

.—The Attorney

General may provide technical assistance and training in further-

ance of the purposes of this part.

‘‘(b) E

VALUATIONS

.—In addition to any evaluation requirements

that may be prescribed for grantees, the Attorney General may

carry out or make arrangements for evaluations of programs that

receive support under this part.

‘‘(c) A

DMINISTRATION

.—The technical assistance, training, and

evaluations authorized by this section may be carried out directly

by the Attorney General, in collaboration with the Secretary of

Health and Human Services, or through grants, contracts, or other

cooperative arrangements with other entities.’’.

(b) T

ECHNICAL

MENDMENT

.—The table of contents of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3711 et seq.), as amended by section 40231(b), is amended

by striking the matter relating to part V and inserting the fol-

lowing:

‘‘P

ART

V—D

RUG

OURTS

‘‘Sec. 2201. Grant authority.

‘‘Sec. 2202. Prohibition of participation by violent offenders.

‘‘Sec. 2203. Definition.

‘‘Sec. 2204. Administration.

‘‘Sec. 2205. Applications.

‘‘Sec. 2206. Federal share.

‘‘Sec. 2207. Geographic distribution.

‘‘Sec. 2208. Report.

‘‘Sec. 2209. Technical assistance, training, and evaluation.

‘‘P

ART

W—T

RANSITION

-E

FFECTIVE

ATE

-R

EPEALER

‘‘Sec. 2301. Continuation of rules, authorities, and proceedings.’’.

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a) of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3793), as amended by section 40231(c), is amended—

(1) in paragraph (3) by striking ‘‘and U’’ and inserting ‘‘U,

and V’’; and

(2) by adding at the end the following new paragraph:

‘‘(20) There are authorized to be appropriated to carry out part

V—

‘‘(A) $100,000,000 for fiscal year 1995;

‘‘(B) $150,000,000 for fiscal year 1996;

‘‘(C) $150,000,000 for fiscal year 1997;

‘‘(D) $200,000,000 for fiscal year 1998;

‘‘(E) $200,000,000 for fiscal year 1999; and

‘‘(F) $200,000,000 for fiscal year 2000.’’.

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194 Sec. 50002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.

(a) I

ENERAL

.—The Comptroller General of the United

States shall study and assess the effectiveness and impact of

grants authorized by part V of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 as added by section 50001(a) and re-

port to Congress the results of the study on or before January 1,

1997.

(b) D

OCUMENTS AND

NFORMATION

.—The Attorney General and

grant recipients shall provide the Comptroller General with all rel-

evant documents and information that the Comptroller General

deems necessary to conduct the study under subsection (a), includ-

ing the identities and criminal records of program participants.

RITERIA

.—In assessing the effectiveness of the grants

made under programs authorized by part V of the Omnibus Crime

Control and Safe Streets Act of 1968, the Comptroller General shall

consider, among other things—

(1) recidivism rates of program participants;

(2) completion rates among program participants;

(3) drug use by program participants; and

(4) the costs of the program to the criminal justice system.

TITLE VI—DEATH PENALTY

SEC. 60001. ø18 U.S.C. 3591 note¿ SHORT TITLE.

This title may be cited as the ‘‘Federal Death Penalty Act of

1994’’.

SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF

THE SENTENCE OF DEATH.

(a) I

ENERAL

.—Part II of title 18, United States Code, is

amended by inserting after chapter 227 the following new chapter:

‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating factors to be considered in determining whether

a sentence of death is justified.

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

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Special provisions for Indian country.

‘‘§ 3591. Sentence of death

‘‘(a) A defendant who has been found guilty of—

‘‘(1) an offense described in section 794 or section 2381; or

‘‘(2) any other offense for which a sentence of death is pro-

vided, if the defendant, as determined beyond a reasonable

doubt at the hearing under section 3593—

‘‘(A) intentionally killed the victim;

‘‘(B) intentionally inflicted serious bodily injury that

resulted in the death of the victim;

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195 Sec. 60002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(C) intentionally participated in an act, contemplating

that the life of a person would be taken or intending that

lethal force would be used in connection with a person,

other than one of the participants in the offense, and the

victim died as a direct result of the act; or

‘‘(D) intentionally and specifically engaged in an act of

violence, knowing that the act created a grave risk of

death to a person, other than one of the participants in the

offense, such that participation in the act constituted a

reckless disregard for human life and the victim died as a

direct result of the act,

shall be sentenced to death if, after consideration of the factors set

forth in section 3592 in the course of a hearing held pursuant to

section 3593, it is determined that imposition of a sentence of

death is justified, except that no person may be sentenced to death

who was less than 18 years of age at the time of the offense.

‘‘(b) A defendant who has been found guilty of—

‘‘(1) an offense referred to in section 408(c)(1) of the Con-

trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part

of a continuing criminal enterprise offense under the condi-

tions described in subsection (b) of that section which involved

not less than twice the quantity of controlled substance de-

scribed in subsection (b)(2)(A) or twice the gross receipts de-

scribed in subsection (b)(2)(B); or

‘‘(2) an offense referred to in section 408(c)(1) of the Con-

trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part

of a continuing criminal enterprise offense under that section,

where the defendant is a principal administrator, organizer, or

leader of such an enterprise, and the defendant, in order to ob-

struct the investigation or prosecution of the enterprise or an

offense involved in the enterprise, attempts to kill or know-

ingly directs, advises, authorizes, or assists another to attempt

to kill any public officer, juror, witness, or members of the fam-

ily or household of such a person,

shall be sentenced to death if, after consideration of the factors set

forth in section 3592 in the course of a hearing held pursuant to

section 3593, it is determined that imposition of a sentence of

death is justified, except that no person may be sentenced to death

who was less than 18 years of age at the time of the offense.

‘‘§ 3592. Mitigating and aggravating factors to be considered

in determining whether a sentence of death is jus-

tified

‘‘(a) M

ITIGATING

ACTORS

.—In determining whether a sentence

of death is to be imposed on a defendant, the finder of fact shall

consider any mitigating factor, including the following:

‘‘(1) I

MPAIRED CAPACITY

.—The defendant’s capacity to ap-

preciate the wrongfulness of the defendant’s conduct or to con-

form conduct to the requirements of law was significantly im-

paired, regardless of whether the capacity was so impaired as

to constitute a defense to the charge.

‘‘(2) D

URESS

.—The defendant was under unusual and sub-

stantial duress, regardless of whether the duress was of such

a degree as to constitute a defense to the charge.

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196 Sec. 60002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(3) M

INOR PARTICIPATION

.—The defendant is punishable

as a principal in the offense, which was committed by another,

but the defendant’s participation was relatively minor, regard-

less of whether the participation was so minor as to constitute

a defense to the charge.

‘‘(4) E

QUALLY CULPABLE DEFENDANTS

.—Another defendant

or defendants, equally culpable in the crime, will not be pun-

ished by death.

‘‘(5) N

O PRIOR CRIMINAL RECORD

.—The defendant did not

have a significant prior history of other criminal conduct.

‘‘(6) D

ISTURBANCE

.—The defendant committed the offense

under severe mental or emotional disturbance.

‘‘(7) V

ICTIM

’

S CONSENT

.—The victim consented to the crimi-

nal conduct that resulted in the victim’s death.

‘‘(8) O

THER FACTORS

.—Other factors in the defendant’s

background, record, or character or any other circumstance of

the offense that mitigate against imposition of the death sen-

tence.

‘‘(b) A

GGRAVATING

ACTORS FOR

SPIONAGE AND

REASON

.—In

determining whether a sentence of death is justified for an offense

described in section 3591(a)(1), the jury, or if there is no jury, the

court, shall consider each of the following aggravating factors for

which notice has been given and determine which, if any, exist:

‘‘(1) P

RIOR ESPIONAGE OR TREASON OFFENSE

.—The defend-

ant has previously been convicted of another offense involving

espionage or treason for which a sentence of either life impris-

onment or death was authorized by law.

‘‘(2) G

RAVE RISK TO NATIONAL SECURITY

.—In the commis-

sion of the offense the defendant knowingly created a grave

risk of substantial danger to the national security.

‘‘(3) G

RAVE RISK OF DEATH

.—In the commission of the of-

fense the defendant knowingly created a grave risk of death to

another person.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given exists.

‘‘(c) A

GGRAVATING

ACTORS FOR

OMICIDE

.—In determining

whether a sentence of death is justified for an offense described in

section 3591(a)(2), the jury, or if there is no jury, the court, shall

consider each of the following aggravating factors for which notice

has been given and determine which, if any, exist:

‘‘(1) D

EATH DURING COMMISSION OF ANOTHER CRIME

.—The

death, or injury resulting in death, occurred during the com-

mission or attempted commission of, or during the immediate

flight from the commission of, an offense under section 32 (de-

struction of aircraft or aircraft facilities), section 33 (destruc-

tion of motor vehicles or motor vehicle facilities), section 36 (vi-

olence at international airports), section 351 (violence against

Members of Congress, Cabinet officers, or Supreme Court Jus-

tices), an offense under section 751 (prisoners in custody of in-

stitution or officer), section 794 (gathering or delivering de-

fense information to aid foreign government), section 844(d)

(transportation of explosives in interstate commerce for certain

purposes), section 844(f) (destruction of Government property

by explosives), section 1118 (prisoners serving life term), sec-

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197 Sec. 60002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tion 1201 (kidnaping), section 844(i) (destruction of property af-

fecting interstate commerce by explosives), section 1116 (killing

or attempted killing of diplomats), section 1203 (hostage tak-

ing), section 1992 (wrecking trains), section 2280 (maritime vi-

olence), section 2281 (maritime platform violence), section 2332

(terrorist acts abroad against United States nationals), section

2339 (use of weapons of mass destruction), or section 2381

(treason) of this title, or section 46502 of title 49, United States

Code (aircraft piracy).

‘‘(2) P

REVIOUS CONVICTION OF VIOLENT FELONY INVOLVING

FIREARM

.—For any offense, other than an offense for which a

sentence of death is sought on the basis of section 924(c), the

defendant has previously been convicted of a Federal or State

offense punishable by a term of imprisonment of more than 1

year, involving the use or attempted or threatened use of a

firearm (as defined in section 921) against another person.

‘‘(3) P

REVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN

TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED

.—

The defendant has previously been convicted of another Fed-

eral or State offense resulting in the death of a person, for

which a sentence of life imprisonment or a sentence of death

was authorized by statute.

‘‘(4) P

REVIOUS CONVICTION OF OTHER SERIOUS OFFENSES

.—

The defendant has previously been convicted of 2 or more Fed-

eral or State offenses, punishable by a term of imprisonment

of more than 1 year, committed on different occasions, involv-

ing the infliction of, or attempted infliction of, serious bodily

injury or death upon another person.

‘‘(5) G

RAVE RISK OF DEATH TO ADDITIONAL PERSONS

.—The

defendant, in the commission of the offense, or in escaping ap-

prehension for the violation of the offense, knowingly created

a grave risk of death to 1 or more persons in addition to the

victim of the offense.

‘‘(6) H

EINOUS

CRUEL

OR DEPRAVED MANNER OF COMMIT

TING OFFENSE

.—The defendant committed the offense in an es-

pecially heinous, cruel, or depraved manner in that it involved

torture or serious physical abuse to the victim.

‘‘(7) P

ROCUREMENT OF OFFENSE BY PAYMENT

.—The defend-

ant procured the commission of the offense by payment, or

promise of payment, of anything of pecuniary value.

‘‘(8) P

ECUNIARY GAIN

.—The defendant committed the of-

fense as consideration for the receipt, or in the expectation of

the receipt, of anything of pecuniary value.

‘‘(9) S

UBSTANTIAL PLANNING AND PREMEDITATION

.—The de-

fendant committed the offense after substantial planning and

premeditation to cause the death of a person or commit an act

of terrorism.

‘‘(10) C

ONVICTION FOR TWO FELONY DRUG OFFENSES

.—The

defendant has previously been convicted of 2 or more State or

Federal offenses punishable by a term of imprisonment of more

than one year, committed on different occasions, involving the

distribution of a controlled substance.

‘‘(11) V

ULNERABILITY OF VICTIM

.—The victim was particu-

larly vulnerable due to old age, youth, or infirmity.

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‘‘(12) C

ONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES

.—

The defendant had previously been convicted of violating title

II or III of the Controlled Substances Act for which a sentence

of 5 or more years may be imposed or had previously been con-

victed of engaging in a continuing criminal enterprise.

‘‘(13) C

ONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG

SALES TO MINORS

.—The defendant committed the offense in the

course of engaging in a continuing criminal enterprise in viola-

tion of section 408(c) of the Controlled Substances Act (21

U.S.C. 848(c)), and that violation involved the distribution of

drugs to persons under the age of 21 in violation of section 418

of that Act (21 U.S.C. 859).

‘‘(14) H

IGH PUBLIC OFFICIALS

.—The defendant committed

the offense against—

‘‘(A) the President of the United States, the President-

elect, the Vice President, the Vice President-elect, the Vice

President-designate, or, if there is no Vice President, the

officer next in order of succession to the office of the Presi-

dent of the United States, or any person who is acting as

President under the Constitution and laws of the United

States;

‘‘(B) a chief of state, head of government, or the polit-

ical equivalent, of a foreign nation;

‘‘(C) a foreign official listed in section 1116(b)(3)(A), if

the official is in the United States on official business; or

‘‘(D) a Federal public servant who is a judge, a law en-

forcement officer, or an employee of a United States penal

or correctional institution—

‘‘(i) while he or she is engaged in the performance

of his or her official duties;

‘‘(ii) because of the performance of his or her offi-

cial duties; or

‘‘(iii) because of his or her status as a public serv-

ant.

For purposes of this subparagraph, a ‘law enforcement offi-

cer’ is a public servant authorized by law or by a Govern-

ment agency or Congress to conduct or engage in the pre-

vention, investigation, or prosecution or adjudication of an

offense, and includes those engaged in corrections, parole,

or probation functions.

‘‘(15) P

RIOR CONVICTION OF SEXUAL ASSAULT OR CHILD MO

LESTATION

.—In the case of an offense under chapter 109A (sex-

ual abuse) or chapter 110 (sexual abuse of children), the de-

fendant has previously been convicted of a crime of sexual as-

sault or crime of child molestation.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given exists.

‘‘(d) A

GGRAVATING

ACTORS FOR

RUG

FFENSE

EATH

ALTY

.—In determining whether a sentence of death is justified for

an offense described in section 3591(b), the jury, or if there is no

jury, the court, shall consider each of the following aggravating fac-

tors for which notice has been given and determine which, if any,

exist:

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‘‘(1) P

REVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN

TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED

.—

The defendant has previously been convicted of another Fed-

eral or State offense resulting in the death of a person, for

which a sentence of life imprisonment or death was authorized

by statute.

‘‘(2) P

REVIOUS CONVICTION OF OTHER SERIOUS OFFENSES

.—

The defendant has previously been convicted of two or more

Federal or State offenses, each punishable by a term of impris-

onment of more than one year, committed on different occa-

sions, involving the importation, manufacture, or distribution

of a controlled substance (as defined in section 102 of the Con-

trolled Substances Act (21 U.S.C. 802)) or the infliction of, or

attempted infliction of, serious bodily injury or death upon an-

other person.

‘‘(3) P

REVIOUS SERIOUS DRUG FELONY CONVICTION

.—The de-

fendant has previously been convicted of another Federal or

State offense involving the manufacture, distribution, importa-

tion, or possession of a controlled substance (as defined in sec-

tion 102 of the Controlled Substances Act (21 U.S.C. 802)) for

which a sentence of five or more years of imprisonment was

authorized by statute.

‘‘(4) U

SE OF FIREARM

.—In committing the offense, or in fur-

therance of a continuing criminal enterprise of which the of-

fense was a part, the defendant used a firearm or knowingly

directed, advised, authorized, or assisted another to use a fire-

arm to threaten, intimidate, assault, or injure a person.

‘‘(5) D

ISTRIBUTION TO PERSONS UNDER 21

.—The offense, or

a continuing criminal enterprise of which the offense was a

part, involved conduct proscribed by section 418 of the Con-

trolled Substances Act (21 U.S.C. 859) which was committed

directly by the defendant.

‘‘(6) D

ISTRIBUTION NEAR SCHOOLS

.—The offense, or a con-

tinuing criminal enterprise of which the offense was a part, in-

volved conduct proscribed by section 419 of the Controlled Sub-

stances Act (21 U.S.C. 860) which was committed directly by

the defendant.

‘‘(7) U

SING MINORS IN TRAFFICKING

.—The offense, or a con-

tinuing criminal enterprise of which the offense was a part, in-

volved conduct proscribed by section 420 of the Controlled Sub-

stances Act (21 U.S.C. 861) which was committed directly by

the defendant.

‘‘(8) L

ETHAL ADULTERANT

.—The offense involved the impor-

tation, manufacture, or distribution of a controlled substance

(as defined in section 102 of the Controlled Substances Act (21

U.S.C. 802)), mixed with a potentially lethal adulterant, and

the defendant was aware of the presence of the adulterant.

The jury, or if there is no jury, the court, may consider whether

any other aggravating factor for which notice has been given exists.

‘‘§ 3593. Special hearing to determine whether a sentence of

death is justified

‘‘(a) N

OTICE BY THE

OVERNMENT

.—If, in a case involving an

offense described in section 3591, the attorney for the government

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believes that the circumstances of the offense are such that a sen-

tence of death is justified under this chapter, the attorney shall, a

reasonable time before the trial or before acceptance by the court

of a plea of guilty, sign and file with the court, and serve on the

defendant, a notice—

‘‘(1) stating that the government believes that the cir-

cumstances of the offense are such that, if the defendant is

convicted, a sentence of death is justified under this chapter

and that the government will seek the sentence of death; and

‘‘(2) setting forth the aggravating factor or factors that the

government, if the defendant is convicted, proposes to prove as

justifying a sentence of death.

The factors for which notice is provided under this subsection may

include factors concerning the effect of the offense on the victim

and the victim’s family, and may include oral testimony, a victim

impact statement that identifies the victim of the offense and the

extent and scope of the injury and loss suffered by the victim and

the victim’s family, and any other relevant information. The court

may permit the attorney for the government to amend the notice

upon a showing of good cause.

‘‘(b) H

EARING

EFORE A

OURT OR

URY

.—If the attorney for

the government has filed a notice as required under subsection (a)

and the defendant is found guilty of or pleads guilty to an offense

described in section 3591, the judge who presided at the trial or be-

fore whom the guilty plea was entered, or another judge if that

judge is unavailable, shall conduct a separate sentencing hearing

to determine the punishment to be imposed. The hearing shall be

conducted—

‘‘(1) before the jury that determined the defendant’s guilt;

‘‘(2) before a jury impaneled for the purpose of the hearing

if—

‘‘(A) the defendant was convicted upon a plea of guilty;

‘‘(B) the defendant was convicted after a trial before

the court sitting without a jury;

‘‘(C) the jury that determined the defendant’s guilt

was discharged for good cause; or

‘‘(D) after initial imposition of a sentence under this

section, reconsideration of the sentence under this section

is necessary; or

‘‘(3) before the court alone, upon the motion of the defend-

ant and with the approval of the attorney for the government.

A jury impaneled pursuant to paragraph (2) shall consist of 12

members, unless, at any time before the conclusion of the hearing,

the parties stipulate, with the approval of the court, that it shall

consist of a lesser number.

‘‘(c) P

ROOF OF

ITIGATING AND

GGRAVATING

ACTORS

.—Not-

withstanding rule 32(c) of the Federal Rules of Criminal Procedure,

when a defendant is found guilty or pleads guilty to an offense

under section 3591, no presentence report shall be prepared. At the

sentencing hearing, information may be presented as to any matter

relevant to the sentence, including any mitigating or aggravating

factor permitted or required to be considered under section 3592.

Information presented may include the trial transcript and exhibits

if the hearing is held before a jury or judge not present during the

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trial, or at the trial judge’s discretion. The defendant may present

any information relevant to a mitigating factor. The government

may present any information relevant to an aggravating factor for

which notice has been provided under subsection (a). Information

is admissible regardless of its admissibility under the rules gov-

erning admission of evidence at criminal trials except that informa-

tion may be excluded if its probative value is outweighed by the

danger of creating unfair prejudice, confusing the issues, or mis-

leading the jury. The government and the defendant shall be per-

mitted to rebut any information received at the hearing, and shall

be given fair opportunity to present argument as to the adequacy

of the information to establish the existence of any aggravating or

mitigating factor, and as to the appropriateness in the case of im-

posing a sentence of death. The government shall open the argu-

ment. The defendant shall be permitted to reply. The government

shall then be permitted to reply in rebuttal. The burden of estab-

lishing the existence of any aggravating factor is on the govern-

ment, and is not satisfied unless the existence of such a factor is

established beyond a reasonable doubt. The burden of establishing

the existence of any mitigating factor is on the defendant, and is

not satisfied unless the existence of such a factor is established by

a preponderance of the information.

‘‘(d) R

ETURN OF

PECIAL

INDINGS

.—The jury, or if there is no

jury, the court, shall consider all the information received during

the hearing. It shall return special findings identifying any aggra-

vating factor or factors set forth in section 3592 found to exist and

any other aggravating factor for which notice has been provided

under subsection (a) found to exist. A finding with respect to a

mitigating factor may be made by 1 or more members of the jury,

and any member of the jury who finds the existence of a mitigating

factor may consider such factor established for purposes of this sec-

tion regardless of the number of jurors who concur that the factor

has been established. A finding with respect to any aggravating

factor must be unanimous. If no aggravating factor set forth in sec-

tion 3592 is found to exist, the court shall impose a sentence other

than death authorized by law.

‘‘(e) R

ETURN OF A

INDING

ONCERNING A

ENTENCE OF

EATH

.—If, in the case of—

‘‘(1) an offense described in section 3591(a)(1), an aggra-

vating factor required to be considered under section 3592(b) is

found to exist;

‘‘(2) an offense described in section 3591(a)(2), an aggra-

vating factor required to be considered under section 3592(c) is

found to exist; or

‘‘(3) an offense described in section 3591(b), an aggravating

factor required to be considered under section 3592(d) is found

to exist,

the jury, or if there is no jury, the court, shall consider whether all

the aggravating factor or factors found to exist sufficiently out-

weigh all the mitigating factor or factors found to exist to justify

a sentence of death, or, in the absence of a mitigating factor,

whether the aggravating factor or factors alone are sufficient to

justify a sentence of death. Based upon this consideration, the jury

by unanimous vote, or if there is no jury, the court, shall rec-

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202 Sec. 60002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ommend whether the defendant should be sentenced to death, to

life imprisonment without possibility of release or some other lesser

sentence.

‘‘(f) S

PECIAL

RECAUTION

NSURE

GAINST

ISCRIMINA

TION

.—In a hearing held before a jury, the court, prior to the re-

turn of a finding under subsection (e), shall instruct the jury that,

in considering whether a sentence of death is justified, it shall not

consider the race, color, religious beliefs, national origin, or sex of

the defendant or of any victim and that the jury is not to rec-

ommend a sentence of death unless it has concluded that it would

recommend a sentence of death for the crime in question no matter

what the race, color, religious beliefs, national origin, or sex of the

defendant or of any victim may be. The jury, upon return of a find-

ing under subsection (e), shall also return to the court a certificate,

signed by each juror, that consideration of the race, color, religious

beliefs, national origin, or sex of the defendant or any victim was

not involved in reaching his or her individual decision and that the

individual juror would have made the same recommendation re-

garding a sentence for the crime in question no matter what the

race, color, religious beliefs, national origin, or sex of the defendant

or any victim may be.

‘‘§ 3594. Imposition of a sentence of death

‘‘Upon a recommendation under section 3593(e) that the de-

fendant should be sentenced to death or life imprisonment without

possibility of release, the court shall sentence the defendant accord-

ingly. Otherwise, the court shall impose any lesser sentence that

is authorized by law. Notwithstanding any other law, if the max-

imum term of imprisonment for the offense is life imprisonment,

the court may impose a sentence of life imprisonment without pos-

sibility of release.

‘‘§ 3595. Review of a sentence of death

‘‘(a) A

PPEAL

.—In a case in which a sentence of death is im-

posed, the sentence shall be subject to review by the court of ap-

peals upon appeal by the defendant. Notice of appeal must be filed

within the time specified for the filing of a notice of appeal. An ap-

peal under this section may be consolidated with an appeal of the

judgment of conviction and shall have priority over all other cases.

‘‘(b) R

EVIEW

.—The court of appeals shall review the entire

record in the case, including—

‘‘(1) the evidence submitted during the trial;

‘‘(2) the information submitted during the sentencing hear-

ing;

‘‘(3) the procedures employed in the sentencing hearing;

and

‘‘(4) the special findings returned under section 3593(d).

‘‘(c) D

ECISION AND

ISPOSITION

.—

‘‘(1) The court of appeals shall address all substantive and

procedural issues raised on the appeal of a sentence of death,

and shall consider whether the sentence of death was imposed

under the influence of passion, prejudice, or any other arbi-

trary factor and whether the evidence supports the special

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203 Sec. 60002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

finding of the existence of an aggravating factor required to be

considered under section 3592.

‘‘(2) Whenever the court of appeals finds that—

‘‘(A) the sentence of death was imposed under the in-

fluence of passion, prejudice, or any other arbitrary factor;

‘‘(B) the admissible evidence and information adduced

does not support the special finding of the existence of the

required aggravating factor; or

‘‘(C) the proceedings involved any other legal error re-

quiring reversal of the sentence that was properly pre-

served for appeal under the rules of criminal procedure,

the court shall remand the case for reconsideration under sec-

tion 3593 or imposition of a sentence other than death. The

court of appeals shall not reverse or vacate a sentence of death

on account of any error which can be harmless, including any

erroneous special finding of an aggravating factor, where the

Government establishes beyond a reasonable doubt that the

error was harmless.

‘‘(3) The court of appeals shall state in writing the reasons

for its disposition of an appeal of a sentence of death under

this section.

‘‘§ 3596. Implementation of a sentence of death

‘‘(a) I

ENERAL

.—A person who has been sentenced to death

pursuant to this chapter shall be committed to the custody of the

Attorney General until exhaustion of the procedures for appeal of

the judgment of conviction and for review of the sentence. When

the sentence is to be implemented, the Attorney General shall re-

lease the person sentenced to death to the custody of a United

States marshal, who shall supervise implementation of the sen-

tence in the manner prescribed by the law of the State in which

the sentence is imposed. If the law of the State does not provide

for implementation of a sentence of death, the court shall designate

another State, the law of which does provide for the implementa-

tion of a sentence of death, and the sentence shall be implemented

in the latter State in the manner prescribed by such law.

‘‘(b) P

REGNANT

OMAN

.—A sentence of death shall not be car-

ried out upon a woman while she is pregnant.

‘‘(c) M

ENTAL

APACITY

.—A sentence of death shall not be car-

ried out upon a person who is mentally retarded. A sentence of

death shall not be carried out upon a person who, as a result of

mental disability, lacks the mental capacity to understand the

death penalty and why it was imposed on that person.

‘‘§ 3597. Use of State facilities

‘‘(a) I

ENERAL

.—A United States marshal charged with su-

pervising the implementation of a sentence of death may use ap-

propriate State or local facilities for the purpose, may use the serv-

ices of an appropriate State or local official or of a person such an

official employs for the purpose, and shall pay the costs thereof in

an amount approved by the Attorney General.

‘‘(b) E

XCUSE OF AN

MPLOYEE ON

ORAL OR

ELIGIOUS

ROUNDS

.—No employee of any State department of corrections,

the United States Department of Justice, the Federal Bureau of

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204 Sec. 60003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Prisons, or the United States Marshals Service, and no employee

providing services to that department, bureau, or service under

contract shall be required, as a condition of that employment or

contractual obligation, to be in attendance at or to participate in

any prosecution or execution under this section if such participa-

tion is contrary to the moral or religious convictions of the em-

ployee. In this subsection, ‘participation in executions’ includes per-

sonal preparation of the condemned individual and the apparatus

used for execution and supervision of the activities of other per-

sonnel in carrying out such activities.

‘‘§ 3598. Special provisions for Indian country

‘‘Notwithstanding sections 1152 and 1153, no person subject to

the criminal jurisdiction of an Indian tribal government shall be

subject to a capital sentence under this chapter for any offense the

Federal jurisdiction for which is predicated solely on Indian coun-

try (as defined in section 1151 of this title) and which has occurred

within the boundaries of Indian country, unless the governing body

of the tribe has elected that this chapter have effect over land and

persons subject to its criminal jurisdiction.’’.

(b) T

ECHNICAL

MENDMENT

.—The part analysis for part II of

title 18, United States Code, is amended by inserting after the item

relating to chapter 227 the following new item:

‘‘228. Death sentence ............................................................................................. 3591’’.

SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AU-

THORIZED.

(a) C

ONFORMING

HANGES IN

ITLE

18.—Title 18, United

States Code, is amended as follows:

(1) A

IRCRAFT AND MOTOR VEHICLES

.—Section 34 of title 18,

United States Code, is amended by striking the comma after

‘‘imprisonment for life’’, inserting a period, and striking the re-

mainder of the section.

(2) E

SPIONAGE

.—Section 794(a) of title 18, United States

Code, is amended by striking the period at the end of the sec-

tion and inserting ‘‘, except that the sentence of death shall not

be imposed unless the jury or, if there is no jury, the court, fur-

ther finds that the offense resulted in the identification by a

foreign power (as defined in section 101(a) of the Foreign Intel-

ligence Surveillance Act of 1978) of an individual acting as an

agent of the United States and consequently in the death of

that individual, or directly concerned nuclear weaponry, mili-

tary spacecraft or satellites, early warning systems, or other

means of defense or retaliation against large-scale attack; war

plans; communications intelligence or cryptographic informa-

tion; or any other major weapons system or major element of

defense strategy.’’.

(3) E

XPLOSIVE MATERIALS

.—(A) Section 844(d) of title 18,

United States Code, is amended by striking ‘‘as provided in

section 34 of this title’’.

(B) Section 844(f) of title 18, United States Code, is

amended by striking ‘‘as provided in section 34 of this title’’.

ed by striking ‘‘as provided in section 34 of this title’’.

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205 Sec. 60003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(4) M

URDER

.—The second undesignated paragraph of sec-

tion 1111(b) of title 18, United States Code, is amended to read

as follows:

‘‘Whoever is guilty of murder in the first degree shall be

punished by death or by imprisonment for life;’’.

(5) K

ILLING OF FOREIGN OFFICIAL

.—Section 1116(a) of title

18, United States Code, is amended by striking ‘‘any such per-

son who is found guilty of murder in the first degree shall be

sentenced to imprisonment for life, and’’.

(6) K

IDNAPPING

.—Section 1201(a) of title 18, United States

Code, is amended by inserting after ‘‘or for life’’ the following:

‘‘and, if the death of any person results, shall be punished by

death or life imprisonment’’.

(7) N

ONMAILABLE INJURIOUS ARTICLES

.—The last para-

graph of section 1716 of title 18, United States Code, is amend-

ed by striking the comma after ‘‘imprisonment for life’’ and in-

serting a period and striking the remainder of the paragraph.

(8) W

RECKING TRAINS

.—The second to the last undesig-

nated paragraph of section 1992 of title 18, United States

Code, is amended by striking the comma after ‘‘imprisonment

for life’’, inserting a period, and striking the remainder of the

section.

(9) B

ANK ROBBERY

.—Section 2113(e) of title 18, United

States Code, is amended by striking ‘‘or punished by death if

the verdict of the jury shall so direct’’ and inserting ‘‘or if death

results shall be punished by death or life imprisonment’’.

(10) H

OSTAGE TAKING

.—Section 1203(a) of title 18, United

States Code, is amended by inserting after ‘‘or for life’’ the fol-

lowing: ‘‘and, if the death of any person results, shall be pun-

ished by death or life imprisonment’’.

(11) M

URDER FOR HIRE

.—Section 1958 of title 18, United

States Code, is amended by striking ‘‘and if death results, shall

be subject to imprisonment for any term of years or for life, or

shall be fined not more than $50,000, or both’’ and inserting

‘‘and if death results, shall be punished by death or life impris-

onment, or shall be fined not more than $250,000, or both’’.

(12) R

ACKETEERING

.—Section 1959(a)(1) of title 18, United

States Code, is amended to read as follows:

‘‘(1) for murder, by death or life imprisonment, or a fine of

not more than $250,000, or both; and for kidnapping, by im-

prisonment for any term of years or for life, or a fine of not

more than $250,000, or both;’’.

(13) G

ENOCIDE

.—Section 1091(b)(1) of title 18, United

States Code, is amended by striking ‘‘a fine of not more than

$1,000,000 or imprisonment for life,’’ and inserting ‘‘, where

death results, by death or imprisonment for life and a fine of

not more than $1,000,000, or both;’’.

(14) C

ARJACKING

.—Section 2119(3) of title 18, United

States Code, is amended by striking the period after ‘‘both’’ and

inserting ‘‘, or sentenced to death.’’; and by striking ‘‘, pos-

sessing a firearm as defined in section 921 of this title,’’ and

inserting ‘‘, with the intent to cause death or serious bodily

harm’’.

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206 Sec. 60004 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) C

ONFORMING

MENDMENT TO

EDERAL

VIATION

CT OF

1954.—Chapter 465 of title 49, United States Code, is amended—

(1) in the chapter analysis by striking ‘‘Death penalty sen-

tencing procedure for aircraft piracy’’ and inserting ‘‘Repealed’’;

and

(2) by striking section 46503.

EATH

ENALTY

ROCEDURES FOR

ERTAIN

REVIOUS

IRCRAFT

IRACY

IOLATIONS

.—An individual

convicted of violating section 46502 of title 49, United States Code,

or its predecessor, may be sentenced to death in accordance with

the procedures established in chapter 228 of title 18, United States

Code, if for any offense committed before the enactment of the Vio-

lent Crime Control and Law Enforcement Act of 1994 (Public Law

103–322), but after the enactment of the Antihijacking Act of 1974

(Public Law 93–366), it is determined by the finder of fact, before

consideration of the factors set forth in sections 3591(a)(2) and

3592(a) and (c) of title 18, United States Code, that one or more

of the factors set forth in former section 46503(c)(2) of title 49,

United States Code, or its predecessor, has been proven by the

Government to exist, beyond a reasonable doubt, and that none of

the factors set forth in former section 46503(c)(1) of title 49, United

States Code, or its predecessor, has been proven by the defendant

to exist, by a preponderance of the information. The meaning of the

term ‘‘especially heinous, cruel, or depraved’’, as used in the factor

set forth in former section 46503(c)(2)(B)(iv) of title 49, United

States Code, or its predecessor, shall be narrowed by adding the

limiting language ‘‘in that it involved torture or serious physical

abuse to the victim’’, and shall be construed as when that term is

used in section 3592(c)(6) of title 18, United States Code.

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

Chapter 228 of title 18, United States Code, as added by this

title, shall not apply to prosecutions under the Uniform Code of

Military Justice (10 U.S.C. 801).

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

(a) I

ENERAL

.—Chapter 51 of title 18, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1118. Murder by a Federal prisoner

‘‘(a) O

FFENSE

.—A person who, while confined in a Federal cor-

rectional institution under a sentence for a term of life imprison-

ment, commits the murder of another shall be punished by death

or by life imprisonment.

‘‘(b) D

EFINITIONS

.—In this section—

‘‘ ‘Federal correctional institution’ means any Federal pris-

on, Federal correctional facility, Federal community program

center, or Federal halfway house.

‘‘ ‘murder’ means a first degree or second degree murder

(as defined in section 1111).

‘‘ ‘term of life imprisonment’ means a sentence for the term

of natural life, a sentence commuted to natural life, an indeter-

minate term of a minimum of at least fifteen years and a max-

imum of life, or an unexecuted sentence of death.’’.

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207 Sec. 60008 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

51 of title 18, United States Code, is amended by adding at the end

the following new item:

‘‘1118. Murder by a Federal prisoner.’’.

SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

(a) C

ONSPIRACY

GAINST

IGHTS

.—Section 241 of title 18,

United States Code, is amended by striking the period at the end

of the last sentence and inserting ‘‘, or may be sentenced to death.’’.

(b) D

EPRIVATION OF

IGHTS

NDER

OLOR OF

.—Section

242 of title 18, United States Code, is amended by striking the pe-

riod at the end of the last sentence and inserting ‘‘, or may be sen-

tenced to death.’’.

EDERALLY

ROTECTED

CTIVITIES

.—Section 245(b) of title

18, United States Code, is amended in the matter following para-

graph (5) by inserting ‘‘, or may be sentenced to death’’ after ‘‘or

for life’’.

(d) D

AMAGE TO

ELIGIOUS

ROPERTY

; O

BSTRUCTION OF THE

REE

XERCISE OF

ELIGIOUS

IGHTS

.—Section 247(c)(1) of title 18,

United States Code, is amended by inserting ‘‘, or may be sen-

tenced to death’’ after ‘‘or both’’.

SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW EN-

FORCEMENT OFFICIALS.

Section 1114 of title 18, United States Code, is amended by

striking ‘‘punished as provided under sections 1111 and 1112 of

this title,’’ and inserting ‘‘punished, in the case of murder, as pro-

vided under section 1111, or, in the case of manslaughter, as pro-

vided under section 1112.’’.

SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAP-

ONS TO FURTHER DRUG CONSPIRACIES.

(a) S

HORT

ITLE

.—This section may be cited as the ‘‘Drive-By

Shooting Prevention Act of 1994’’.

(b) I

ENERAL

.—Chapter 2 of title 18, United States Code, is

amended by adding at the end the following new section:

‘‘§ 36. Drive-by shooting

‘‘(a) D

EFINITION

.—In this section, ‘major drug offense’ means—

‘‘(1) a continuing criminal enterprise punishable under sec-

tion 403(c) of the Controlled Substances Act (21 U.S.C. 848(c));

‘‘(2) a conspiracy to distribute controlled substances pun-

ishable under section 406 of the Controlled Substances Act (21

U.S.C. 846) section 1013 of the Controlled Substances Import

and Export Control Act (21 U.S.C. 963); or

‘‘(3) an offense involving major quantities of drugs and

punishable under section 401(b)(1)(A) of the Controlled Sub-

stances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of the

Controlled Substances Import and Export Act (21 U.S.C.

960(b)(1)).

‘‘(b) O

FFENSE AND

ENALTIES

.—(1) A person who, in further-

ance or to escape detection of a major drug offense and with the

intent to intimidate, harass, injure, or maim, fires a weapon into

a group of two or more persons and who, in the course of such con-

duct, causes grave risk to any human life shall be punished by a

term of no more than 25 years, by fine under this title, or both.

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208 Sec. 60009 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) A person who, in furtherance or to escape detection of a

major drug offense and with the intent to intimidate, harass, in-

jure, or maim, fires a weapon into a group of 2 or more persons

and who, in the course of such conduct, kills any person shall, if

the killing—

‘‘(A) is a first degree murder (as defined in section

1111(a)), be punished by death or imprisonment for any term

of years or for life, fined under this title, or both; or

‘‘(B) is a murder other than a first degree murder (as de-

fined in section 1111(a)), be fined under this title, imprisoned

for any term of years or for life, or both.’’.

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

2 of title 18, United States Code, is amended by adding at the end

the following new item:

‘‘36. Drive-by shooting.’’.

SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.

(a) I

ENERAL

.—Chapter 51 of title 18, United States Code,

as amended by section 60005(a), is amended by adding at the end

the following new section:

‘‘§ 1119. Foreign murder of United States nationals

‘‘(a) D

EFINITION

.—In this section, ‘national of the United

States’ has the meaning stated in section 101(a)(22) of the Immi-

gration and Nationality Act (8 U.S.C. 1101(a)(22)).

‘‘(b) O

FFENSE

.—A person who, being a national of the United

States, kills or attempts to kill a national of the United States

while such national is outside the United States but within the ju-

risdiction of another country shall be punished as provided under

sections 1111, 1112, and 1113.

‘‘(c) L

IMITATIONS ON

ROSECUTION

.—(1) No prosecution may be

instituted against any person under this section except upon the

written approval of the Attorney General, the Deputy Attorney

General, or an Assistant Attorney General, which function of ap-

proving prosecutions may not be delegated. No prosecution shall be

approved if prosecution has been previously undertaken by a for-

eign country for the same conduct.

‘‘(2) No prosecution shall be approved under this section unless

the Attorney General, in consultation with the Secretary of State,

determines that the conduct took place in a country in which the

person is no longer present, and the country lacks the ability to

lawfully secure the person’s return. A determination by the Attor-

ney General under this paragraph is not subject to judicial re-

view.’’.

(b) T

ECHNICAL

MENDMENTS

.—(1) Section 1117 of title 18,

United States Code, is amended by striking ‘‘or 1116’’ and inserting

‘‘1116, or 1119’’.

(2) The chapter analysis for chapter 51 of title 18, United

States Code, as amended by section 60005(a), is amended by add-

ing at the end the following new item:

‘‘1119. Foreign murder of United States nationals.’’.

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209 Sec. 60013 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION

MURDERS.

(a) O

FFENSE

.—Chapter 109A of title 18, United States Code, is

amended—

(1) by redesignating section 2245 as section 2246; and

(2) by inserting after section 2244 the following new sec-

tion:

‘‘§ 2245. Sexual abuse resulting in death

‘‘A person who, in the course of an offense under this chapter,

engages in conduct that results in the death of a person, shall be

punished by death or imprisoned for any term of years or for life.’’.

(b) T

ECHNICAL

MENDMENTS

.—The chapter analysis for chap-

ter 109A of title 18, United States Code, is amended by striking the

item for section 2245 and inserting the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHIL-

DREN.

Section 2251(d) of title 18, United States Code, is amended by

adding at the end the following: ‘‘Whoever, in the course of an of-

fense under this section, engages in conduct that results in the

death of a person, shall be punished by death or imprisoned for any

term of years or for life.’’.

SEC. 60012. MURDER BY ESCAPED PRISONERS.

(a) I

ENERAL

.—Chapter 51 of title 18, United States Code,

as amended by section 60009(a), is amended by adding at the end

the following new section:

‘‘§ 1120. Murder by escaped prisoners

‘‘(a) D

EFINITION

.—In this section, ‘Federal prison’ and ‘term of

life imprisonment’ have the meanings stated in section 1118.

‘‘(b) O

FFENSE AND

ENALTY

.—A person, having escaped from a

Federal prison where the person was confined under a sentence for

a term of life imprisonment, kills another shall be punished as pro-

vided in sections 1111 and 1112.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

51 of title 18, United States Code, as amended by section

60009(b)(2), is amended by adding at the end the following new

item:

‘‘1120. Murder by escaped prisoners.’’.

SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL

CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES.

Section 924 of title 18, United States Code, is amended by add-

ing at the end the following new subsection:

‘‘(i) A person who, in the course of a violation of subsection (c),

causes the death of a person through the use of a firearm, shall—

‘‘(1) if the killing is a murder (as defined in section 1111),

be punished by death or by imprisonment for any term of years

or for life; and

‘‘(2) if the killing is manslaughter (as defined in section

1112), be punished as provided in that section.’’.

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SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING

FIREARMS IN FEDERAL FACILITIES.

Section 930 of title 18, United States Code, is amended—

(1) by redesignating subsections (c), (d), (e), and (f) as sub-

sections (d), (e), (f), and (g), respectively;

(2) in subsection (a) by striking ‘‘(c)’’ and inserting ‘‘(d)’’;

and

(3) by inserting after subsection (b) the following new sub-

section:

‘‘(c) A person who kills or attempts to kill any person in the

course of a violation of subsection (a) or (b), or in the course of an

attack on a Federal facility involving the use of a firearm or other

dangerous weapon, shall be punished as provided in sections 1111,

1112, and 1113.’’.

SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL

OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT OF-

FICIALS AND STATE CORRECTIONAL OFFICERS.

(a) I

ENERAL

.—Chapter 51 of title 18, United States Code,

as amended by section 60012(a), is amended by adding at the end

the following new section:

‘‘§ 1121. Killing persons aiding Federal investigations or

State correctional officers

‘‘(a) Whoever intentionally kills—

‘‘(1) a State or local official, law enforcement officer, or

other officer or employee while working with Federal law en-

forcement officials in furtherance of a Federal criminal inves-

tigation—

‘‘(A) while the victim is engaged in the performance of

official duties;

‘‘(B) because of the performance of the victim’s official

duties; or

‘‘(C) because of the victim’s status as a public servant;

‘‘(2) any person assisting a Federal criminal investigation,

while that assistance is being rendered and because of it,

shall be sentenced according to the terms of section 1111, including

by sentence of death or by imprisonment for life.

‘‘(b)(1) Whoever, in a circumstance described in paragraph (3)

of this subsection, while incarcerated, intentionally kills any State

correctional officer engaged in, or on account of the performance of

such officer’s official duties, shall be sentenced to a term of impris-

onment which shall not be less than 20 years, and may be sen-

tenced to life imprisonment or death.

‘‘(2) As used in this section, the term, ‘State correctional officer’

includes any officer or employee of any prison, jail, or other deten-

tion facility, operated by, or under contract to, either a State or

local governmental agency, whose job responsibilities include pro-

viding for the custody of incarcerated individuals.

‘‘(3) The circumstance referred to in paragraph (1) is that—

‘‘(A) the correctional officer is engaged in transporting the

incarcerated person interstate; or

‘‘(B) the incarcerated person is incarcerated pursuant to a

conviction for an offense against the United States.’’.

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(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

51 of title 18, United States Code, as amended by section 60012(b),

is amended by adding at the end the following new item:

‘‘1121. Killing persons aiding Federal investigations or State correctional officers.’’.

SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS.

Section 1503 of title 18, United States Code, is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

(2) by striking ‘‘fined not more than $5,000 or imprisoned

not more than five years, or both.’’ and inserting ‘‘punished as

provided in subsection (b).’’;

(3) by adding at the end the following new subsection:

‘‘(b) The punishment for an offense under this section is—

‘‘(1) in the case of a killing, the punishment provided in

sections 1111 and 1112;

‘‘(2) in the case of an attempted killing, or a case in which

the offense was committed against a petit juror and in which

a class A or B felony was charged, imprisonment for not more

than 20 years, a fine under this title, or both; and

‘‘(3) in any other case, imprisonment for not more than 10

years, a fine under this title, or both.’’; and

(4) in subsection (a), as designated by paragraph (1), by

striking ‘‘commissioner’’ each place it appears and inserting

‘‘magistrate judge’’.

SEC. 60017. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES,

VICTIMS, AND INFORMANTS.

Section 1513 of title 18, United States Code, is amended—

(1) by redesignating subsections (a) and (b) as subsections

(b) and (c), respectively; and

(2) by inserting after the section heading the following new

subsection:

‘‘(a)(1) Whoever kills or attempts to kill another person with in-

tent to retaliate against any person for—

‘‘(A) the attendance of a witness or party at an official pro-

ceeding, or any testimony given or any record, document, or

other object produced by a witness in an official proceeding; or

‘‘(B) providing to a law enforcement officer any information

relating to the commission or possible commission of a Federal

offense or a violation of conditions of probation, parole, or re-

lease pending judicial proceedings,

shall be punished as provided in paragraph (2).

‘‘(2) The punishment for an offense under this subsection is—

‘‘(A) in the case of a killing, the punishment provided in

sections 1111 and 1112; and

‘‘(B) in the case of an attempt, imprisonment for not more

than 20 years.’’.

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

Section 1512(a)(2)(A) of title 18, United States Code, is amend-

ed to read as follows:

‘‘(A) in the case of murder (as defined in section 1111), the

death penalty or imprisonment for life, and in the case of any

other killing, the punishment provided in section 1112;’’.

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212 Sec. 60019 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION

OR FIXED PLATFORMS.

(a) I

ENERAL

.—Chapter 111 of title 18, United States Code,

is amended by adding at the end the following new sections:

‘‘§ 2280. Violence against maritime navigation

‘‘(a) O

FFENSES

.—

‘‘(1) I

N GENERAL

.—A person who unlawfully and inten-

tionally—

‘‘(A) seizes or exercises control over a ship by force or

threat thereof or any other form of intimidation;

‘‘(B) performs an act of violence against a person on

board a ship if that act is likely to endanger the safe navi-

gation of that ship;

‘‘(C) destroys a ship or causes damage to a ship or to

its cargo which is likely to endanger the safe navigation of

that ship;

‘‘(D) places or causes to be placed on a ship, by any

means whatsoever, a device or substance which is likely to

destroy that ship, or cause damage to that ship or its cargo

which endangers or is likely to endanger the safe naviga-

tion of that ship;

‘‘(E) destroys or seriously damages maritime naviga-

tional facilities or seriously interferes with their operation,

if such act is likely to endanger the safe navigation of a

ship;

‘‘(F) communicates information, knowing the informa-

tion to be false and under circumstances in which such in-

formation may reasonably be believed, thereby endan-

gering the safe navigation of a ship;

‘‘(G) injures or kills any person in connection with the

commission or the attempted commission of any of the of-

fenses set forth in subparagraphs (A) through (F); or

‘‘(H) attempts to do any act prohibited under subpara-

graphs (A) through (G),

shall be fined under this title, imprisoned not more than 20

years, or both; and if the death of any person results from con-

duct prohibited by this paragraph, shall be punished by death

or imprisoned for any term of years or for life.

‘‘(2) T

HREAT TO NAVIGATION

.—A person who threatens to

do any act prohibited under paragraph (1) (B), (C) or (E), with

apparent determination and will to carry the threat into execu-

tion, if the threatened act is likely to endanger the safe naviga-

tion of the ship in question, shall be fined under this title, im-

prisoned not more than 5 years, or both.

‘‘(b) J

URISDICTION

.—There is jurisdiction over the activity pro-

hibited in subsection (a)—

‘‘(1) in the case of a covered ship, if—

‘‘(A) such activity is committed—

‘‘(i) against or on board a ship flying the flag of

the United States at the time the prohibited activity

is committed;

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‘‘(ii) in the United States and the activity is not

prohibited as a crime by the State in which the activ-

ity takes place; or

‘‘(iii) the activity takes place on a ship flying the

flag of a foreign country or outside the United States,

by a national of the United States or by a stateless

person whose habitual residence is in the United

States;

‘‘(B) during the commission of such activity, a national

of the United States is seized, threatened, injured or

killed; or

‘‘(C) the offender is later found in the United States

after such activity is committed;

‘‘(2) in the case of a ship navigating or scheduled to navi-

gate solely within the territorial sea or internal waters of a

country other than the United States, if the offender is later

found in the United States after such activity is committed;

and

‘‘(3) in the case of any vessel, if such activity is committed

in an attempt to compel the United States to do or abstain

from doing any act.

‘‘(c) B

ROSECUTION

.—It is a bar to Federal prosecution

under subsection (a) for conduct that occurred within the United

States that the conduct involved was during or in relation to a

labor dispute, and such conduct is prohibited as a felony under the

law of the State in which it was committed. For purposes of this

section, the term ‘labor dispute’ has the meaning set forth in sec-

tion 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C.

113(c)).

‘‘(d) D

ELIVERY OF

USPECTED

FFENDER

.—The master of a cov-

ered ship flying the flag of the United States who has reasonable

grounds to believe that there is on board that ship any person who

has committed an offense under Article 3 of the Convention for the

Suppression of Unlawful Acts Against the Safety of Maritime Navi-

gation may deliver such person to the authorities of a State Party

to that Convention. Before delivering such person to the authorities

of another country, the master shall notify in an appropriate man-

ner the Attorney General of the United States of the alleged of-

fense and await instructions from the Attorney General as to what

action to take. When delivering the person to a country which is

a State Party to the Convention, the master shall, whenever prac-

ticable, and if possible before entering the territorial sea of such

country, notify the authorities of such country of the master’s in-

tention to deliver such person and the reasons therefor. If the mas-

ter delivers such person, the master shall furnish to the authorities

of such country the evidence in the master’s possession that per-

tains to the alleged offense.

‘‘(e) D

EFINITIONS

.—In this section—

‘‘ ‘covered ship’ means a ship that is navigating or is sched-

uled to navigate into, through or from waters beyond the outer

limit of the territorial sea of a single country or a lateral limit

of that country’s territorial sea with an adjacent country.

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‘‘ ‘national of the United States’ has the meaning stated in

section 101(a)(22) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(22)).

‘‘ ‘territorial sea of the United States’ means all waters ex-

tending seaward to 12 nautical miles from the baselines of the

United States determined in accordance with international

law.

‘‘ ‘ship’ means a vessel of any type whatsoever not perma-

nently attached to the sea-bed, including dynamically sup-

ported craft, submersibles or any other floating craft, but does

not include a warship, a ship owned or operated by a govern-

ment when being used as a naval auxiliary or for customs or

police purposes, or a ship which has been withdrawn from

navigation or laid up.

‘‘ ‘United States’, when used in a geographical sense, in-

cludes the Commonwealth of Puerto Rico, the Commonwealth

of the Northern Mariana Islands and all territories and posses-

sions of the United States.

‘‘§ 2281. Violence against maritime fixed platforms

‘‘(a) O

FFENSES

.—

‘‘(1) I

N GENERAL

.—A person who unlawfully and inten-

tionally—

‘‘(A) seizes or exercises control over a fixed platform by

force or threat thereof or any other form of intimidation;

‘‘(B) performs an act of violence against a person on

board a fixed platform if that act is likely to endanger its

safety;

‘‘(C) destroys a fixed platform or causes damage to it

which is likely to endanger its safety;

‘‘(D) places or causes to be placed on a fixed platform,

by any means whatsoever, a device or substance which is

likely to destroy that fixed platform or likely to endanger

its safety;

‘‘(E) injures or kills any person in connection with the

commission or the attempted commission of any of the of-

fenses set forth in subparagraphs (A) through (D); or

‘‘(F) attempts to do anything prohibited under sub-

paragraphs (A) through (E),

shall be fined under this title, imprisoned not more than 20

years, or both; and if death results to any person from conduct

prohibited by this paragraph, shall be punished by death or

imprisoned for any term of years or for life.

‘‘(2) T

HREAT TO SAFETY

.—A person who threatens to do

anything prohibited under paragraph (1) (B) or (C), with ap-

parent determination and will to carry the threat into execu-

tion, if the threatened act is likely to endanger the safety of

the fixed platform, shall be fined under this title, imprisoned

not more than 5 years, or both.

‘‘(b) J

URISDICTION

.—There is jurisdiction over the activity pro-

hibited in subsection (a) if—

‘‘(1) such activity is committed against or on board a fixed

platform—

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‘‘(A) that is located on the continental shelf of the

United States;

‘‘(B) that is located on the continental shelf of another

country, by a national of the United States or by a state-

less person whose habitual residence is in the United

States; or

‘‘(C) in an attempt to compel the United States to do

or abstain from doing any act;

‘‘(2) during the commission of such activity against or on

board a fixed platform located on a continental shelf, a na-

tional of the United States is seized, threatened, injured or

killed; or

‘‘(3) such activity is committed against or on board a fixed

platform located outside the United States and beyond the con-

tinental shelf of the United States and the offender is later

found in the United States.

‘‘(c) B

ROSECUTION

.—It is a bar to Federal prosecution

under subsection (a) for conduct that occurred within the United

States that the conduct involved was during or in relation to a

labor dispute, and such conduct is prohibited as a felony under the

law of the State in which it was committed. For purposes of this

section, the term ‘labor dispute’ has the meaning set forth in sec-

tion 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C.

113(c)).

‘‘(d) D

EFINITIONS

.—In this section—

‘‘ ‘continental shelf’ means the sea-bed and subsoil of the

submarine areas that extend beyond a country’s territorial sea

to the limits provided by customary international law as re-

flected in Article 76 of the 1982 Convention on the Law of the

Sea.

‘‘ ‘fixed platform’ means an artificial island, installation or

structure permanently attached to the sea-bed for the purpose

of exploration or exploitation of resources or for other economic

purposes.

‘‘ ‘national of the United States’ has the meaning stated in

section 101(a)(22) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(22)).

‘‘ ‘territorial sea of the United States’ means all waters ex-

tending seaward to 12 nautical miles from the baselines of the

United States determined in accordance with international

law.

‘‘ ‘United States’, when used in a geographical sense, in-

cludes the Commonwealth of Puerto Rico, the Commonwealth

of the Northern Mariana Islands and all territories and posses-

sions of the United States.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

111 of title 18, United States Code, is amended by adding at the

end the following new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

FFECTIVE

ATES

.—This section and

the amendments made by this section shall take effect on the later

of—

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216 Sec. 60020 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. There is no close quotation mark.’’

(1) the date of the enactment of this Act; or

(2)(A) in the case of section 2280 of title 18, United States

Code, the date the Convention for the Suppression of Unlawful

Acts Against the Safety of Maritime Navigation has come into

force and the United States has become a party to that Con-

vention; and

(B) in the case of section 2281 of title 18, United States

Code, the date the Protocol for the Suppression of Unlawful

Acts Against the Safety of Fixed Platforms Located on the Con-

tinental Shelf has come into force and the United States has

become a party to that Protocol.

SEC. 60020. TORTURE.

Section 2340A(a) of title 18, United States Code, is amended

by inserting ‘‘punished by death or’’ before ‘‘imprisoned for any

term of years or for life.’’.

SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL

AVIATION.

(a) O

FFENSE

.—Chapter 2 of title 18, United States Code, as

amended by section 60008(b), is amended by adding at the end the

following new section:

‘‘§ 37. Violence at international airports

‘‘(a) O

FFENSE

.—A person who unlawfully and intentionally,

using any device, substance, or weapon—

‘‘(1) performs an act of violence against a person at an air-

port serving international civil aviation that causes or is likely

to cause serious bodily injury (as defined in section 1365 of this

title) or death; or

‘‘(2) destroys or seriously damages the facilities of an air-

port serving international civil aviation or a civil aircraft not

in service located thereon or disrupts the services of the air-

port,

if such an act endangers or is likely to endanger safety at that air-

port, or attempts to do such an act, shall be fined under this title,

imprisoned not more than 20 years, or both; and if the death of any

person results from conduct prohibited by this subsection, shall be

punished by death or imprisoned for any term of years or for life.

‘‘(b) J

URISDICTION

.—There is jurisdiction over the prohibited

activity in subsection (a) if—

‘‘(1) the prohibited activity takes place in the United

States; or

‘‘(2) the prohibited activity takes place outside the United

States and the offender is later found in the United States.

‘‘(c) It is a bar to Federal prosecution under subsection (a) for

conduct that occurred within the United States that the conduct in-

volved was during or in relation to a labor dispute, and such con-

duct is prohibited as a felony under the law of the State in which

it was committed. For purposes of this section, the term ‘labor dis-

pute’ has the meaning set forth in section 2(c) of the Norris-

LaGuardia Act, as amended (29 U.S.C. 113(c)).

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217 Sec. 60023 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

2 of title 18, United States Code, as amended by section 60008(c),

is amended by adding at the end the following new item:

‘‘37. Violence at international airports.’’.

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on the later of—

(1) the date of enactment of this Act; or

(2) the date on which the Protocol for the Suppression of

Unlawful Acts of Violence at Airports Serving International

Civil Aviation, Supplementary to the Convention for the Sup-

pression of Unlawful Acts Against the Safety of Civil Aviation,

done at Montreal on 23 September 1971, has come into force

and the United States has become a party to the Protocol.

SEC. 60022. TERRORIST DEATH PENALTY ACT.

Section 2332(a)(1) of title 18, United States Code is amended

to read as follows:

‘‘(1) if the killing is murder (as defined in section 1111(a)),

be fined under this title, punished by death or imprisonment

for any term of years or for life, or both;’’.

SEC. 60023. WEAPONS OF MASS DESTRUCTION.

(a) O

FFENSE

.—Chapter 113A of title 18, United States Code, is

amended by inserting after section 2332 the following new section:

‘‘§ 2332a. Use of weapons of mass destruction

‘‘(a) O

FFENSE

.—A person who uses, or attempts or conspires to

use, a weapon of mass destruction—

‘‘(1) against a national of the United States while such na-

tional is outside of the United States;

‘‘(2) against any person within the United States; or

‘‘(3) against any property that is owned, leased or used by

the United States or by any department or agency of the

United States, whether the property is within or outside of the

United States,

shall be imprisoned for any term of years or for life, and if death

results, shall be punished by death or imprisoned for any term of

years or for life.

‘‘(b) D

EFINITIONS

.—For purposes of this section—

‘‘(1) the term ‘national of the United States’ has the mean-

ing given in section 101(a)(22) of the Immigration and Nation-

ality Act (8 U.S.C. 1101(a)(22)); and

‘‘(2) the term ‘weapon of mass destruction’ means—

‘‘(A) any destructive device as defined in section 921 of

this title;

‘‘(B) poison gas;

‘‘(C) any weapon involving a disease organism; or

‘‘(D) any weapon that is designed to release radiation

or radioactivity at a level dangerous to human life.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

113A of title 18, United States Code, is amended by inserting after

the item relating to section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.

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218 Sec. 60024 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

Section 274(a) of the Immigration and Nationality Act (8

U.S.C. 1324(a)) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(1) Any person’’ and inserting ‘‘(1)(A)

Any person’’;

(B) by striking ‘‘(A) knowing’’ and inserting ‘‘(i) know-

ing’’;

(D) by striking ‘‘(C) knowing’’ and inserting ‘‘(iii) know-

ing’’;

(E) by striking ‘‘(D) encourages’’ and inserting ‘‘(iv) en-

courages’’;

(F) by striking ‘‘shall be fined in accordance with title

18, United States Code, or imprisoned not more than five

years, or both, for each alien in respect to whom any viola-

tion of this paragraph occurs’’ and inserting ‘‘shall be pun-

ished as provided in subparagraph (B)’’; and

(G) by adding at the end the following new subpara-

graph:

‘‘(B) A person who violates subparagraph (A) shall, for each

alien in respect to whom such a violation occurs—

‘‘(i) in the case of a violation of subparagraph (A)(i), be

fined under title 18, United States Code, imprisoned not more

than 10 years, or both;

‘‘(ii) in the case of a violation of subparagraph (A) (ii), (iii),

or (iv), be fined under title 18, United States Code, imprisoned

not more than 5 years, or both;

‘‘(iii) in the case of a violation of subparagraph (A) (i), (ii),

(iii), or (iv) during and in relation to which the person causes

serious bodily injury (as defined in section 1365 of title 18,

United States Code) to, or places in jeopardy the life of, any

person, be fined under title 18, United States Code, imprisoned

not more than 20 years, or both; and

‘‘(iv) in the case of a violation of subparagraph (A) (i), (ii),

(iii), or (iv) resulting in the death of any person, be punished

by death or imprisoned for any term of years or for life, fined

under title 18, United States Code, or both.’’; and

(2) in paragraph (2) by striking ‘‘or imprisoned not more

than five years, or both’’ and inserting ‘‘or in the case of a vio-

lation of subparagraph (B)(ii), imprisoned not more than 10

years, or both; or in the case of a violation of subparagraph

(B)(i) or (B)(iii), imprisoned not more than 5 years, or both.’’.

SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL

CASES.

Section 3432 of title 18, United States Code, is amended by in-

serting before the period the following: ‘‘, except that such list of

the veniremen and witnesses need not be furnished if the court

finds by a preponderance of the evidence that providing the list

may jeopardize the life or safety of any person’’.

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SEC. 60026. APPOINTMENT OF COUNSEL.

Section 3005 of title 18, United States Code, is amended by

striking ‘‘learned in the law’’ and all that follows through ‘‘He

shall’’ and inserting ‘‘; and the court before which the defendant is

to be tried, or a judge thereof, shall promptly, upon the defendant’s

request, assign 2 such counsel, of whom at least 1 shall be learned

in the law applicable to capital cases, and who shall have free ac-

cess to the accused at all reasonable hours. In assigning counsel

under this section, the court shall consider the recommendation of

the Federal Public Defender organization, or, if no such organiza-

tion exists in the district, of the Administrative Office of the United

States Courts. The defendant shall’’.

TITLE VII—MANDATORY LIFE IMPRIS-

ONMENT FOR PERSONS CONVICTED

OF CERTAIN FELONIES

SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CON-

VICTED OF CERTAIN FELONIES.

Section 3559 of title 18, United States Code, is amended—

(1) in subsection (b), by striking ‘‘An’’ and inserting ‘‘Ex-

cept as provided in subsection (c), an’’ in lieu thereof; and

(2) by adding the following new subsection at the end:

‘‘(c) I

MPRISONMENT OF

ERTAIN

IOLENT

ELONS

.—

‘‘(1) M

ANDATORY LIFE IMPRISONMENT

.—Notwithstanding

any other provision of law, a person who is convicted in a court

of the United States of a serious violent felony shall be sen-

tenced to life imprisonment if—

‘‘(A) the person has been convicted (and those convic-

tions have become final) on separate prior occasions in a

court of the United States or of a State of—

‘‘(i) 2 or more serious violent felonies; or

‘‘(ii) one or more serious violent felonies and one

or more serious drug offenses; and

‘‘(B) each serious violent felony or serious drug offense

used as a basis for sentencing under this subsection, other

than the first, was committed after the defendant’s convic-

tion of the preceding serious violent felony or serious drug

offense.

‘‘(2) D

EFINITIONS

.—For purposes of this subsection—

‘‘(A) the term ‘assault with intent to commit rape’

means an offense that has as its elements engaging in

physical contact with another person or using or bran-

dishing a weapon against another person with intent to

commit aggravated sexual abuse or sexual abuse (as de-

scribed in sections 2241 and 2242);

‘‘(B) the term ‘arson’ means an offense that has as its

elements maliciously damaging or destroying any building,

inhabited structure, vehicle, vessel, or real property by

means of fire or an explosive;

‘‘(C) the term ‘extortion’ means an offense that has as

its elements the extraction of anything of value from an-

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220 Sec. 70001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

other person by threatening or placing that person in fear

of injury to any person or kidnapping of any person;

‘‘(D) the term ‘firearms use’ means an offense that has

as its elements those described in section 924(c) or 929(a),

if the firearm was brandished, discharged, or otherwise

used as a weapon and the crime of violence or drug traf-

ficking crime during and relation to which the firearm was

used was subject to prosecution in a court of the United

States or a court of a State, or both;

‘‘(E) the term ‘kidnapping’ means an offense that has

as its elements the abduction, restraining, confining, or

carrying away of another person by force or threat of force;

‘‘(F) the term ‘serious violent felony’ means—

‘‘(i) a Federal or State offense, by whatever des-

ignation and wherever committed, consisting of mur-

der (as described in section 1111); manslaughter other

than involuntary manslaughter (as described in sec-

tion 1112); assault with intent to commit murder (as

described in section 113(a)); assault with intent to

commit rape; aggravated sexual abuse and sexual

abuse (as described in sections 2241 and 2242); abu-

sive sexual contact (as described in sections 2244 (a)(1)

and (a)(2)); kidnapping; aircraft piracy (as described in

section 46502 of Title 49); robbery (as described in sec-

tion 2111, 2113, or 2118); carjacking (as described in

section 2119); extortion; arson; firearms use; or at-

tempt, conspiracy, or solicitation to commit any of the

above offenses; and

‘‘(ii) any other offense punishable by a maximum

term of imprisonment of 10 years or more that has as

an element the use, attempted use, or threatened use

of physical force against the person of another or that,

by its nature, involves a substantial risk that physical

force against the person of another may be used in the

course of committing the offense;

‘‘(G) the term ‘State’ means a State of the United

States, the District of Columbia, and a commonwealth, ter-

ritory, or possession of the United States; and

‘‘(H) the term ‘serious drug offense’ means—

‘‘(i) an offense that is punishable under section

401(b)(1)(A) or 408 of the Controlled Substances Act

(21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) of

the Controlled Substances Import and Export Act (21

U.S.C. 960(b)(1)(A)); or

‘‘(ii) an offense under State law that, had the of-

fense been prosecuted in a court of the United States,

would have been punishable under section 401(b)(1)(A)

or 408 of the Controlled Substances Act (21 U.S.C.

841(b)(1)(A), 848) or section 1010(b)(1)(A) of the Con-

trolled Substances Import and Export Act (21 U.S.C.

960(b)(1)(A)).

‘‘(3) N

ONQUALIFYING FELONIES

.—

‘‘(A) R

OBBERY IN CERTAIN CASES

.—Robbery, an at-

tempt, conspiracy, or solicitation to commit robbery; or an

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221 Sec. 70002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

offense described in paragraph (2)(F)(ii) shall not serve as

a basis for sentencing under this subsection if the defend-

ant establishes by clear and convincing evidence that—

‘‘(i) no firearm or other dangerous weapon was

used in the offense and no threat of use of a firearm

or other dangerous weapon was involved in the of-

fense; and

‘‘(ii) the offense did not result in death or serious

bodily injury (as defined in section 1365) to any per-

son.

‘‘(B) A

RSON IN CERTAIN CASES

.—Arson shall not serve

as a basis for sentencing under this subsection if the de-

fendant establishes by clear and convincing evidence

that—

‘‘(i) the offense posed no threat to human life; and

‘‘(ii) the defendant reasonably believed the offense

posed no threat to human life.

‘‘(4) I

NFORMATION FILED BY UNITED STATES ATTORNEY

.—

The provisions of section 411(a) of the Controlled Substances

Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence

under this subsection.

‘‘(5) R

ULE OF CONSTRUCTION

.—This subsection shall not be

construed to preclude imposition of the death penalty.

‘‘(6) S

PECIAL PROVISION FOR INDIAN COUNTRY

.—No person

subject to the criminal jurisdiction of an Indian tribal govern-

ment shall be subject to this subsection for any offense for

which Federal jurisdiction is solely predicated on Indian coun-

try (as defined in section 1151) and which occurs within the

boundaries of such Indian country unless the governing body

of the tribe has elected that this subsection have effect over

land and persons subject to the criminal jurisdiction of the

tribe.

‘‘(7) R

ESENTENCING UPON OVERTURNING OF PRIOR CONVIC

TION

.—If the conviction for a serious violent felony or serious

drug offense that was a basis for sentencing under this sub-

section is found, pursuant to any appropriate State or Federal

procedure, to be unconstitutional or is vitiated on the explicit

basis of innocence, or if the convicted person is pardoned on

the explicit basis of innocence, the person serving a sentence

imposed under this subsection shall be resentenced to any sen-

tence that was available at the time of the original sen-

tencing.’’.

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

Section 3582(c)(1)(A) of title 18, United States Code, is amend-

ed—

(1) so that the margin of the matter starting with ‘‘extraor-

dinary’’ and ending with ‘‘reduction’’ the first place it appears

is indented an additional two ems;

(2) by inserting a one-em dash after ‘‘that’’ the second

place it appears;

(3) by inserting a semicolon after ‘‘reduction’’ the first

place it appears;

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222 Sec. 80001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(4) by indenting the first line of the matter referred to in

paragraph (1) and designating that matter as clause (i); and

(5) by inserting after such matter the following:

‘‘(ii) the defendant is at least 70 years of age, has

served at least 30 years in prison, pursuant to a sen-

tence imposed under section 3559(c), for the offense or

offenses for which the defendant is currently impris-

oned, and a determination has been made by the Di-

rector of the Bureau of Prisons that the defendant is

not a danger to the safety of any other person or the

community, as provided under section 3142(g);’’.

TITLE VIII—APPLICABILITY OF MANDA-

TORY MINIMUM PENALTIES IN CER-

TAIN CASES

SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM

PENALTIES IN CERTAIN CASES.

(a) I

ENERAL

.—Section 3553 of title 18, United States Code,

is amended by adding at the end the following new subsection:

‘‘(f) L

IMITATION ON

PPLICABILITY OF

TATUTORY

INIMUMS IN

ERTAIN

ASES

.—Notwithstanding any other provision of law, in

the case of an offense under section 401, 404, or 406 of the Con-

trolled Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or

1013 of the Controlled Substances Import and Export Act (21

U.S.C. 961, 963), the court shall impose a sentence pursuant to

guidelines promulgated by the United States Sentencing Commis-

sion under section 994 of title 28 without regard to any statutory

minimum sentence, if the court finds at sentencing, after the Gov-

ernment has been afforded the opportunity to make a recommenda-

tion, that—

‘‘(1) the defendant does not have more than 1 criminal his-

tory point, as determined under the sentencing guidelines;

‘‘(2) the defendant did not use violence or credible threats

of violence or possess a firearm or other dangerous weapon (or

induce another participant to do so) in connection with the of-

fense;

‘‘(3) the offense did not result in death or serious bodily in-

jury to any person;

‘‘(4) the defendant was not an organizer, leader, manager,

or supervisor of others in the offense, as determined under the

sentencing guidelines and was not engaged in a continuing

criminal enterprise, as defined in 21 U.S.C. 848; and

‘‘(5) not later than the time of the sentencing hearing, the

defendant has truthfully provided to the Government all infor-

mation and evidence the defendant has concerning the offense

or offenses that were part of the same course of conduct or of

a common scheme or plan, but the fact that the defendant has

no relevant or useful other information to provide or that the

Government is already aware of the information shall not pre-

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223 Sec. 90101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. There is no closing parenthesis.’’

clude a determination by the court that the defendant has com-

plied with this requirement.

(b) ø28 U.S.C. 994 note¿ S

ENTENCING

OMMISSION

UTHOR

ITY

.—

(1) I

N GENERAL

.—(A) The United States Sentencing Com-

mission (referred to in this subsection as the ‘‘Commission’’),

under section 994(a)(1) and (p) of title 28—

(i) shall promulgate guidelines, or amendments to

guidelines, to carry out the purposes of this section and

the amendment made by this section; and

(ii) may promulgate policy statements, or amendments

to policy statements, to assist in the application of this sec-

tion and that amendment.

(B) In the case of a defendant for whom the statutorily re-

quired minimum sentence is 5 years, such guidelines and

amendments to guidelines issued under subparagraph (A) shall

call for a guideline range in which the lowest term of imprison-

ment is at least 24 months.

(2) P

ROCEDURES

.—If the Commission determines that it is

necessary to do so in order that the amendments made under

paragraph (1) may take effect on the effective date of the

amendment made by subsection (a), the Commission may pro-

mulgate the amendments made under paragraph (1) in accord-

ance with the procedures set forth in section 21(a) of the Sen-

tencing Act of 1987, as though the authority under that section

had not expired.

FFECTIVE

ATE AND

PPLICATION

.—

The amendment made by subsection (a) shall apply to all sentences

imposed on or after the 10th day beginning after the date of enact-

ment of this Act.

TITLE IX—DRUG CONTROL

Subtitle A—Enhanced Penalties and

General Provisions

SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING

IN PRISONS.

Section 1791 of title 18, United States Code, is amended—

(1) in subsection (c), by inserting before ‘‘Any’’ the fol-

lowing new sentence: ‘‘Any punishment imposed under sub-

section (b) for a violation of this section involving a controlled

substance shall be consecutive to any other sentence imposed

by any court for an offense involving such a controlled sub-

stance.’’;

(2) in subsection (d)(1)(A), by inserting after ‘‘a firearm or

destructive device’’ the following: ‘‘or a controlled substance in

schedule I or II, other than marijuana or a controlled sub-

stance referred to in subparagraph (C) of this subsection’’;

(3) in subsection (d)(1)(B), by inserting before ‘‘ammuni-

tion,’’ the following: ‘‘marijuana or a controlled substance in

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224 Sec. 90102 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

schedule III, other than a controlled substance referred to in

subparagraph (C) of this subsection,’’;

(4) in subsection (d)(1)(C), by inserting ‘‘methamphet-

amine, its salts, isomers, and salts of its isomers,’’ after ‘‘a nar-

cotic drug,’’;

(5) in subsection (d)(1)(D), by inserting ‘‘(A), (B), or’’ before

‘‘(C)’’; and

(6) in subsection (b), by striking ‘‘(c)’’ each place it appears

and inserting ‘‘(d)’’.

SEC. 90102. ø34 U.S.C. 12521¿ INCREASED PENALTIES FOR DRUG-DEAL-

ING IN ‘‘DRUG-FREE’’ ZONES.

Pursuant to its authority under section 994 of title 28, United

States Code, the United States Sentencing Commission shall

amend its sentencing guidelines to provide an appropriate enhance-

ment for a defendant convicted of violating section 419 of the Con-

trolled Substances Act (21 U.S.C. 860).

SEC. 90103. ø34 U.S.C. 12522¿ ENHANCED PENALTIES FOR ILLEGAL

DRUG USE IN FEDERAL PRISONS AND FOR SMUGGLING

DRUGS INTO FEDERAL PRISONS.

(a) D

ECLARATION OF

OLICY

.—It is the policy of the Federal

Government that the use or distribution of illegal drugs in the Na-

tion’s Federal prisons will not be tolerated and that such crimes

shall be prosecuted to the fullest extent of the law.

(b) S

ENTENCING

UIDELINES

.—Pursuant to its authority under

section 994 of title 28, United States Code, the United States Sen-

tencing Commission shall amend its sentencing guidelines to ap-

propriately enhance the penalty for a person convicted of an of-

fense—

(1) under section 404 of the Controlled Substances Act in-

volving simple possession of a controlled substance within a

Federal prison or other Federal detention facility; or

(2) under section 401(b) of the Controlled Substances Act

involving the smuggling of a controlled substance into a Fed-

eral prison or other Federal detention facility or the distribu-

tion or intended distribution of a controlled substance within

a Federal prison or other Federal detention facility.

ROBATION

.—Notwithstanding any other law, the court

shall not sentence a person convicted of an offense described in

subsection (b) to probation.

SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS

DRUGS UNDER RICO.

Section 1961(1) of title 18, United States Code, is amended by

striking ‘‘narcotic or other dangerous drugs’’ each place it appears

and inserting ‘‘a controlled substance or listed chemical (as defined

in section 102 of the Controlled Substances Act)’’.

SEC. 90105. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY

PROVISIONS OF THE CONTROLLED SUBSTANCES ACT AND

THE CONTROLLED SUBSTANCES IMPORT AND EXPORT

ACT.

(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Sub-

stances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections

1010(b) (1), (2), and (3) of the Controlled Substances Import and

Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in

the sentence or sentences beginning ‘‘If any person commits’’ by

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225 Sec. 90107 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

striking ‘‘one or more prior convictions’’ through ‘‘have become

final’’ and inserting ‘‘a prior conviction for a felony drug offense has

become final’’.

(b) Section 1012(b) of the Controlled Substances Import and

Export Act (21 U.S.C. 962(b)) is amended by striking ‘‘one or more

prior convictions of him for a felony under any provision of this

title or title II or other law of a State, the United States, or a for-

eign country relating to narcotic drugs, marihuana, or depressant

or stimulant drugs, have become final’’ and inserting ‘‘one or more

prior convictions of such person for a felony drug offense have be-

come final’’.

U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning

‘‘For purposes of this subparagraph, the term ‘felony drug offense’

means’’.

(d) Section 102 of the Controlled Substances Act (21 U.S.C.

802) is amended by adding at the end the following new paragraph:

‘‘(43) The term ‘felony drug offense’ means an offense that is

punishable by imprisonment for more than one year under any law

of the United States or of a State or foreign country that prohibits

or restricts conduct relating to narcotic drugs, marihuana, or de-

pressant or stimulant substances.’’.

SEC. 90106. ADVERTISING.

Section 403 of the Controlled Substances Act (21 U.S.C. 843)

is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following new sub-

section:

‘‘(c) It shall be unlawful for any person to place in any news-

paper, magazine, handbill, or other publications, any written ad-

vertisement knowing that it has the purpose of seeking or offering

illegally to receive, buy, or distribute a Schedule I controlled sub-

stance. As used in this section the term ‘advertisement’ includes,

in addition to its ordinary meaning, such advertisements as those

for a catalog of Schedule I controlled substances and any similar

written advertisement that has the purpose of seeking or offering

illegally to receive, buy, or distribute a Schedule I controlled sub-

stance. The term ‘advertisement’ does not include material which

merely advocates the use of a similar material, which advocates a

position or practice, and does not attempt to propose or facilitate

an actual transaction in a Schedule I controlled substance.’’.

SEC. 90107. ø34 U.S.C. 12523¿ VIOLENT CRIME AND DRUG EMERGENCY

AREAS.

(a) D

EFINITIONS

.—In this section—

‘‘major violent crime or drug-related emergency’’ means an

occasion or instance in which violent crime, drug smuggling,

drug trafficking, or drug abuse violence reaches such levels, as

determined by the President, that Federal assistance is needed

to supplement State and local efforts and capabilities to save

lives, and to protect property and public health and safety.

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226 Sec. 90107 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘State’’ means a State, the District of Columbia, the Com-

monwealth of Puerto Rico, the United States Virgin Islands,

American Samoa, Guam, and the Northern Mariana Islands.

(b) D

ECLARATION OF

IOLENT

RIME AND

RUG

MERGENCY

REAS

.—If a major violent crime or drug-related emergency exists

throughout a State or a part of a State, the President may declare

the State or part of a State to be a violent crime or drug emergency

area and may take appropriate actions authorized by this section.

ROCEDURE

.—

(1) I

N GENERAL

.—A request for a declaration designating

an area to be a violent crime or drug emergency area shall be

made, in writing, by the chief executive officer of a State or

local government, respectively (or in the case of the District of

Columbia, the mayor), and shall be forwarded to the Attorney

General in such form as the Attorney General may by regula-

tion require. One or more cities, counties, States, or the Dis-

trict of Columbia may submit a joint request for designation as

a major violent crime or drug emergency area under this sub-

section.

(2) F

INDING

.—A request made under paragraph (1) shall

be based on a written finding that the major violent crime or

drug-related emergency is of such severity and magnitude that

Federal assistance is necessary to ensure an effective response

to save lives and to protect property and public health and

safety.

(d) I

RRELEVANCY OF

OPULATION

ENSITY

.—The President

shall not limit declarations made under this section to highly popu-

lated centers of violent crime or drug trafficking, drug smuggling,

or drug use, but shall also consider applications from governments

of less populated areas where the magnitude and severity of such

activities is beyond the capability of the State or local government

to respond.

(e) R

EQUIREMENTS

.—As part of a request for a declaration

under this section, and as a prerequisite to Federal violent crime

or drug emergency assistance under this section, the chief execu-

tive officer of a State or local government shall—

(1) take appropriate action under State or local law and

furnish information on the nature and amount of State and

local resources that have been or will be committed to alle-

viating the major violent crime- or drug-related emergency;

(2) submit a detailed plan outlining that government’s

short- and long-term plans to respond to the violent crime or

drug emergency, specifying the types and levels of Federal as-

sistance requested and including explicit goals (including quan-

titative goals) and timetables; and

(3) specify how Federal assistance provided under this sec-

tion is intended to achieve those goals.

(f) R

EVIEW

ERIOD

.—The Attorney General shall review a re-

quest submitted pursuant to this section, and the President shall

decide whether to declare a violent crime or drug emergency area,

within 30 days after receiving the request.

(g) F

EDERAL

SSISTANCE

.—The President may—

(1) direct any Federal agency, with or without reimburse-

ment, to utilize its authorities and the resources granted to it

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227 Sec. 90201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

under Federal law (including personnel, equipment, supplies,

facilities, financial assistance, and managerial, technical, and

advisory services) in support of State and local assistance ef-

forts; and

(2) provide technical and advisory assistance, including

communications support and law enforcement-related intel-

ligence information.

(h) D

URATION OF

EDERAL

SSISTANCE

.—

(1) I

N GENERAL

.—Federal assistance under this section

shall not be provided to a violent crime or drug emergency area

for more than 1 year.

(2) E

XTENSION

.—The chief executive officer of a jurisdic-

tion may apply to the President for an extension of assistance

beyond 1 year. The President may extend the provision of Fed-

eral assistance for not more than an additional 180 days.

(i) R

EGULATIONS

.—Not later than 120 days after the date of en-

actment of this Act, the Attorney General shall issue regulations

to implement this section.

(j) N

FFECT ON

XISTING

UTHORITY

.—Nothing in this sec-

tion shall diminish or detract from existing authority possessed by

the President or Attorney General.

Subtitle B—National Narcotics Leadership

Act Amendments

SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRAT-

EGY.

(a) P

ROGRAM

UDGET

.—Section 1003(c) of the National Nar-

cotics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended—

(1) by redesignating paragraphs (5), (6), and (7), as para-

graphs (6), (7), and (8), respectively; and

(2) by inserting after paragraph (4) the following new

paragraph:

‘‘(5) The Director shall request the head of a department or

agency to include in the department’s or agency’s budget submis-

sion to the Office of Management and Budget funding requests for

specific initiatives that are consistent with the President’s prior-

ities for the National Drug Control Strategy and certifications

made pursuant to paragraph (3), and the head of the department

or agency shall comply with such a request.’’.

(b) B

UDGET

ECOMMENDATION

.—Section 1003(b) of the Na-

tional Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is

amended—

(1) by striking ‘‘and’’ at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(8) provide, by July 1 of each year, budget recommenda-

tions to the heads of departments and agencies with respon-

sibilities under the National Drug Control Program, which rec-

ommendations shall apply to the second following fiscal year

and address funding priorities developed in the annual Na-

tional Drug Control Strategy.’’.

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228 Sec. 90201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ONTROL OF

RUG

-R

ELATED

ESOURCES

.—Section 1003 of

the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) is

amended—

(1) in subsection (d)—

(A) by amending paragraph (2) to read as follows:

‘‘(2) request the head of a department or agency or pro-

gram to place department, agency, or program personnel who

are engaged in drug control activities on temporary detail to

another department or agency in order to implement the Na-

tional Drug Control Strategy, and the head of the department

or agency shall comply with such a request;’’

(B) by striking ‘‘and’’ at the end of paragraph (6);

and inserting a semicolon; and

(D) by adding after paragraph (7) the following new

paragraphs:

‘‘(8) except to the extent that the Director’s authority

under this paragraph is limited in an annual appropriations

Act, transfer funds appropriated to a National Drug Control

Program agency account to a different National Drug Control

Program agency account in an amount that does not exceed 2

percent of the amount appropriated to either account, upon ad-

vance approval of the Committees on Appropriations of each

House of Congress; and

‘‘(9) in order to ensure compliance with the National Drug

Control Program, issue to the head of a National Drug Control

Program agency a funds control notice described in subsection

(f).’’; and

(2) by adding at the end the following new subsections:

‘‘(f) F

UNDS

ONTROL

OTICES

.—(1) A funds control notice may

direct that all or part of an amount appropriated to the National

Drug Control Program agency account be obligated by—

‘‘(A) months, fiscal year quarters, or other time periods;

and

‘‘(B) activities, functions, projects, or object classes.

‘‘(2) An officer or employee of a National Drug Control Program

agency shall not make or authorize an expenditure or obligation

contrary to a funds control notice issued by the Director.

‘‘(3) In the case of a violation of paragraph (2) by an officer or

employee of a National Drug Control Program agency, the head of

the agency, upon the request of and in consultation with the Direc-

tor, may subject the officer or employee to appropriate administra-

tive discipline, including, when circumstances warrant, suspension

from duty without pay or removal from office.’’.

(d) C

ERTIFICATION OF

DEQUACY OF

UDGET

EQUEST

.—Sec-

tion 1003(c)(3)(B) of the National Narcotics Leadership Act of 1988

(21 U.S.C. 1502(c)(3)(B)) is amended—

(1) by inserting ‘‘in whole or in part’’ after ‘‘adequacy of

such request’’; and

(2) by striking the semicolon at the end and inserting ‘‘and,

with respect to a request that is not certified as adequate to

implement the objectives of the National Drug Control Strat-

egy, include in the certification an initiative or funding level

that would make the request adequate;’’.

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229 Sec. 90203 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 90202. OFFICE PERSONNEL RESTRICTION.

Section 1003 of the National Narcotics Leadership Act of 1988

(21 U.S.C. 1502) is amended by adding at the end the following

new subsection:

‘‘(f) P

ROHIBITION ON

OLITICAL

AMPAIGNING

.—A Federal offi-

cer in the Office of National Drug Control Policy who is appointed

by the President, by and with the advice and consent of the Senate,

may not participate in Federal election campaign activities, except

that such an official is not prohibited by this subsection from mak-

ing contributions to individual candidates.’’.

SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEAS-

URES.

Section 1005(a) of the National Narcotics Leadership Act of

1988 (21 U.S.C. 1504(a)) is amended—

(1) in paragraph (2)(A) by inserting ‘‘and the consequences

of drug abuse’’ after ‘‘drug abuse’’; and

(2) by amending paragraph (4) to read as follows:

‘‘(4) The Director shall include with each National Drug

Control Strategy an evaluation of the effectiveness of Federal

drug control during the preceding year. The evaluation shall

include an assessment of Federal drug control efforts, includ-

ing—

‘‘(A) assessment of the reduction of drug use, including

estimates of drug prevalence and frequency of use as

measured by national, State, and local surveys of illicit

drug use and by other special studies of—

‘‘(i) high-risk populations, including school drop-

outs, the homeless and transient, arrestees, parolees,

and probationers, and juvenile delinquents; and

‘‘(ii) drug use in the workplace and the produc-

tivity lost by such use;

‘‘(B) assessment of the reduction of drug availability,

as measured by—

‘‘(i) the quantities of cocaine, heroin, and mari-

juana available for consumption in the United States;

‘‘(ii) the amount of cocaine and heroin entering the

United States;

‘‘(iii) the number of hectares of poppy and coca

cultivated and destroyed;

‘‘(iv) the number of metric tons of heroin and co-

caine seized;

‘‘(v) the number of cocaine processing labs de-

stroyed;

‘‘(vi) changes in the price and purity of heroin and

cocaine;

‘‘(vii) the amount and type of controlled sub-

stances diverted from legitimate retail and wholesale

sources; and

‘‘(viii) the effectiveness of Federal technology pro-

grams at improving drug detection capabilities at

United States ports of entry;

‘‘(C) assessment of the reduction of the consequences

of drug use and availability, which shall include esti-

mation of—

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‘‘(i) burdens drug users placed on hospital emer-

gency rooms in the United States, such as the quan-

tity of drug-related services provided;

‘‘(ii) the annual national health care costs of drug

use, including costs associated with people becoming

infected with the human immunodeficiency virus and

other communicable diseases as a result of drug use;

‘‘(iii) the extent of drug-related crime and criminal

activity; and

‘‘(iv) the contribution of drugs to the underground

economy, as measured by the retail value of drugs sold

in the United States; and

‘‘(D) determination of the status of drug treatment in

the United States, by assessing—

‘‘(i) public and private treatment capacity within

each State, including information on the number of

treatment slots available in relation to the number ac-

tually used, including data on intravenous drug users

and pregnant women;

‘‘(ii) the extent, within each State, to which treat-

ment is available, on demand, to intravenous drug

users and pregnant women;

‘‘(iii) the number of drug users the Director esti-

mates could benefit from treatment; and

‘‘(iv) the success of drug treatment programs, in-

cluding an assessment of the effectiveness of the

mechanisms in place federally, and within each State,

to determine the relative quality of substance abuse

treatment programs, the qualifications of treatment

personnel, and the mechanism by which patients are

admitted to the most appropriate and cost effective

treatment setting.

‘‘(5) The Director shall include with the National Drug

Control Strategy required to be submitted not later than Feb-

ruary 1, 1995, and with every second such strategy submitted

thereafter—

‘‘(A) an assessment of the quality of current drug use

measurement instruments and techniques to measure sup-

ply reduction and demand reduction activities;

‘‘(B) an assessment of the adequacy of the coverage of

existing national drug use measurement instruments and

techniques to measure the casual drug user population

and groups at-risk for drug use;

‘‘(C) an assessment of the actions the Director shall

take to correct any deficiencies and limitations identified

pursuant to subparagraphs (A) and (B); and

‘‘(D) identification of the specific factors that restrict

the availability of treatment services to those seeking it

and proposed administrative or legislative remedies to

make treatment available to those individuals.

‘‘(6) Federal agencies responsible for the collection or esti-

mation of drug-related information required by the Director

shall cooperate with the Director, to the fullest extent possible,

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231 Sec. 90205 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

to enable the Director to satisfy the requirements of sections

4 and 5.

‘‘(7) With each National Drug Control Strategy, the Direc-

tor shall report to the President and the Congress on the Di-

rector’s assessment of drug use and availability in the United

States, including an estimate of the effectiveness of interdic-

tion, treatment, prevention, law enforcement, and international

programs under the National Drug Control Strategy in effect

in the preceding year in reducing drug use and availability.’’.

SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

(a) D

RUG

BUSE

DDICTION AND

EHABILITATION

ENTER

.—

Section 1003A of the National Narcotics Leadership Act of 1988 (21

U.S.C. 1502a(c)(1)) is amended—

(1) by redesignating subparagraphs (B), (C), and (D) as

subparagraphs (C), (D), and (E), respectively; and

(2) by inserting after subparagraph (A) the following:

‘‘(B) in consultation with the National Institute on

Drug Abuse, and through interagency agreements or

grants, examine addiction and rehabilitation research and

the application of technology to expanding the effective-

ness or availability of drug treatment;’’.

(b) A

SSISTANCE

ROM THE

DVANCED

ESEARCH

ROJECT

GENCY

.—Section 1003A of the National Narcotics Leadership Act

of 1988 (21 U.S.C. 1502a) is amended by adding at the end the fol-

lowing:

‘‘(f) A

SSISTANCE AND

UPPORT TO

FFICE OF

ATIONAL

RUG

ONTROL

OLICY

.—The Director of the Advanced Research Project

Agency shall, to the fullest extent possible, render assistance and

support to the Office of National Drug Control Policy and its Direc-

tor.’’.

EPEAL AND

EDESIGNATION

.—The National Narcotics

Leadership Act of 1988 is amended by—

(1) repealing section 1008 (21 U.S.C. 1505), as in effect on

the date of the enactment of this Act;

(2) redesignating section 1003A, as amended by subsection

(b) of this section, as section 1008; and

(3) moving such section, as redesignated, so as to follow

section 1007.

SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.

(a) D

EPOSITS

NTO

PECIAL

ORFEITURE

UND

.—Section 6073

of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509)

is amended to read as follows:

‘‘(b) D

EPOSITS

.—There shall be deposited into the Fund the

amounts specified by section 524(c)(9) of title 28, United States

Code, and section 9307(g) of title 31, United States Code, and any

earnings on the investments authorized by subsection (d).’’.

(b) T

RANSFERS

ROM

EPARTMENT OF

USTICE

SSETS

FEITURE

UND

.—Section 524(c)(9) of title 28, United States Code,

is amended by amending subparagraphs (B), (C), and (D) to read

as follows:

‘‘(B) Subject to subparagraphs (C) and (D), at the end

of each of fiscal years 1994, 1995, 1996, and 1997, the At-

torney General shall transfer from the Fund not more than

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232 Sec. 90205 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

$100,000,000 to the Special Forfeiture Fund established by

section 6073 of the Anti-Drug Abuse Act of 1988.

‘‘(C) Transfers under subparagraph (B) may be made

only from the excess unobligated balance and may not ex-

ceed one-half of the excess unobligated balance for any

year. In addition, transfers under subparagraph (B) may

be made only to the extent that the sum of the transfers

in a fiscal year and one-half of the unobligated balance at

the beginning of that fiscal year for the Special Forfeiture

Fund does not exceed $100,000,000.

‘‘(D) For the purpose of determining amounts available

for distribution at year end for any fiscal year, ‘excess un-

obligated balance’ means the unobligated balance of the

Fund generated by that fiscal year’s operations, less any

amounts that are required to be retained in the Fund to

ensure the availability of amounts in the subsequent fiscal

year for purposes authorized under paragraph (1).’’.

RANSFERS

ROM

EPARTMENT OF THE

REASURY

FEITURE

UND

.—Section 9703(g) of title 31, United States Code, is

amended—

(1) in paragraph (3)—

(A) by amending subparagraph (A) to read as follows:

‘‘(A) Subject to subparagraphs (B) and (C), at the end

of each of fiscal years 1994, 1995, 1996, and 1997, the Sec-

retary shall transfer from the Fund not more than

$100,000,000 to the Special Forfeiture Fund established by

section 6073 of the Anti-Drug Abuse Act of 1988.’’; and

(B) in subparagraph (B) by adding the following at the

end: ‘‘Further, transfers under subparagraph (A) may not

exceed one-half of the excess unobligated balance for a

year. In addition, transfers under subparagraph (A) may

be made only to the extent that the sum of the transfers

in a fiscal year and one-half of the unobligated balance at

the beginning of that fiscal year for the Special Forfeiture

Fund does not exceed $100,000,000.’’; and

(2) in subparagraph (4)(A)—

(A) in clause (i) by striking ‘‘(i)’’; and

(B) by striking clause (ii).

(d) S

URPLUS

UNDS

.—Section 6073 of the Asset Forfeiture

Amendments Act of 1988 (21 U.S.C. 1509) is amended—

(1) by redesignating subsections (c), (d), (e), and (f), as sub-

sections (d), (e), (f), and (g), respectively; and

(2) by inserting after subsection (b) the following new sub-

section:

‘‘(c) S

UPER

URPLUS

.—(1) Any unobligated balance up to

$20,000,000 remaining in the Fund on September 30 of a fiscal

year shall be available to the Director, subject to paragraph (2), to

transfer to, and for obligation and expenditure in connection with

drug control activities of, any Federal agency or State or local enti-

ty with responsibilities under the National Drug Control Strategy.

‘‘(2) A transfer may be made under paragraph (1) only with the

advance written approval of the Committees on Appropriations of

each House of Congress.’’.

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233 Sec. 100003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.

Section 1011 of the National Narcotics Leadership Act of 1988

(21 U.S.C. 1508) is amended by striking ‘‘4’’ and inserting ‘‘8’’.

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

CONTROL POLICY.

Section 1008(d)(1) of the National Narcotics Leadership Act of

1988 (21 U.S.C. 1502(d)(1)) is amended by striking ‘‘such’’ and in-

serting ‘‘up to 75 and such additional’’.

SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL

POLICY.

(a) R

EAUTHORIZATION

.—Section 1009 of the National Narcotics

Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking

‘‘the date which is 5 years after the date of the enactment of this

subtitle’’ and inserting ‘‘September 30, 1997’’.

(b) C

ONTINUED

FFECTIVENESS

.—The National Narcotics Lead-

ership Act of 1988 (21 U.S.C. 1501 et seq.) shall be considered not

to have been repealed by operation of section 1009 of that Act, but

shall remain in effect as if the amendment made by subsection (a)

had been included in that Act on the date of its enactment.

TITLE X—DRUNK DRIVING PROVISIONS

SEC. 100001. ø18 U.S.C. 1 note¿ SHORT TITLE.

This title may be cited as the ‘‘Drunk Driving Child Protection

Act of 1994’’.

SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDIC-

TION.

Section 13(b) of title 18, United States Code, is amended—

(1) by striking ‘‘For purposes’’ and inserting ‘‘(1) Subject to

paragraph (2) and for purposes’’; and

(2) by adding at the end the following new paragraph:

‘‘(2)(A) In addition to any term of imprisonment provided for

operating a motor vehicle under the influence of a drug or alcohol

imposed under the law of a State, territory, possession, or district,

the punishment for such an offense under this section shall include

an additional term of imprisonment of not more than 1 year, or if

serious bodily injury of a minor is caused, not more than 5 years,

or if death of a minor is caused, not more than 10 years, and an

additional fine of not more than $1,000, or both, if—

‘‘(i) a minor (other than the offender) was present in the

motor vehicle when the offense was committed; and

‘‘(ii) the law of the State, territory, possession, or district

in which the offense occurred does not provide an additional

term of imprisonment under the circumstances described in

clause (i).

‘‘(B) For the purposes of subparagraph (A), the term ‘minor’

means a person less than 18 years of age.’’.

SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.

Section 501(b) of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3751) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (20);

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234 Sec. 110201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) by striking the period at the end of paragraph (21) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(22) programs for the prosecution of driving while intoxi-

cated charges and the enforcement of other laws relating to al-

cohol use and the operation of motor vehicles.’’.

TITLE XI—FIREARMS

øSubtitle A (sections 110101–110106) repealed by section

110105 of this Act.¿

Subtitle B—Youth Handgun Safety

SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR

AMMUNITION BY, OR THE PRIVATE TRANSFER OF A

HANDGUN OR AMMUNITION TO, A JUVENILE.

(a) O

FFENSE

.—Section 922 of title 18, United States Code, as

amended by section 110103(a), is amended by adding at the end

the following new subsection:

‘‘(x)(1) It shall be unlawful for a person to sell, deliver, or oth-

erwise transfer to a person who the transferor knows or has rea-

sonable cause to believe is a juvenile—

‘‘(A) a handgun; or

‘‘(B) ammunition that is suitable for use only in a hand-

gun.

‘‘(2) It shall be unlawful for any person who is a juvenile to

knowingly possess—

‘‘(A) a handgun; or

‘‘(B) ammunition that is suitable for use only in a hand-

gun.

‘‘(3) This subsection does not apply to—

‘‘(A) a temporary transfer of a handgun or ammunition to

a juvenile or to the possession or use of a handgun or ammuni-

tion by a juvenile if the handgun and ammunition are pos-

sessed and used by the juvenile—

‘‘(i) in the course of employment, in the course of

ranching or farming related to activities at the residence

of the juvenile (or on property used for ranching or farm-

ing at which the juvenile, with the permission of the prop-

erty owner or lessee, is performing activities related to the

operation of the farm or ranch), target practice, hunting,

or a course of instruction in the safe and lawful use of a

handgun;

‘‘(ii) with the prior written consent of the juvenile’s

parent or guardian who is not prohibited by Federal,

State, or local law from possessing a firearm, except—

‘‘(I) during transportation by the juvenile of an un-

loaded handgun in a locked container directly from the

place of transfer to a place at which an activity de-

scribed in clause (i) is to take place and transportation

by the juvenile of that handgun, unloaded and in a

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locked container, directly from the place at which such

an activity took place to the transferor; or

‘‘(II) with respect to ranching or farming activities

as described in clause (i), a juvenile may possess and

use a handgun or ammunition with the prior written

approval of the juvenile’s parent or legal guardian and

at the direction of an adult who is not prohibited by

Federal, State or local law from possessing a firearm;

‘‘(iii) the juvenile has the prior written consent in the

juvenile’s possession at all times when a handgun is in the

possession of the juvenile; and

‘‘(iv) in accordance with State and local law;

‘‘(B) a juvenile who is a member of the Armed Forces of

the United States or the National Guard who possesses or is

armed with a handgun in the line of duty;

‘‘(C) a transfer by inheritance of title (but not possession)

of a handgun or ammunition to a juvenile; or

‘‘(D) the possession of a handgun or ammunition by a juve-

nile taken in defense of the juvenile or other persons against

an intruder into the residence of the juvenile or a residence in

which the juvenile is an invited guest.

‘‘(4) A handgun or ammunition, the possession of which is

transferred to a juvenile in circumstances in which the transferor

is not in violation of this subsection shall not be subject to perma-

nent confiscation by the Government if its possession by the juve-

nile subsequently becomes unlawful because of the conduct of the

juvenile, but shall be returned to the lawful owner when such

handgun or ammunition is no longer required by the Government

for the purposes of investigation or prosecution.

‘‘(5) For purposes of this subsection, the term ‘juvenile’ means

a person who is less than 18 years of age.

‘‘(6)(A) In a prosecution of a violation of this subsection, the

court shall require the presence of a juvenile defendant’s parent or

legal guardian at all proceedings.

‘‘(B) The court may use the contempt power to enforce subpara-

graph (A).

‘‘(C) The court may excuse attendance of a parent or legal

guardian of a juvenile defendant at a proceeding in a prosecution

of a violation of this subsection for good cause shown.’’.

(b) P

ENALTIES

.—Section 924(a) of title 18, United States Code,

is amended—

(1) in paragraph (1) by striking ‘‘paragraph (2) or (3) of’’;

and

(2) by adding at the end the following new paragraph:

‘‘(5)(A)(i) A juvenile who violates section 922(x) shall be fined

under this title, imprisoned not more than 1 year, or both, except

that a juvenile described in clause (ii) shall be sentenced to proba-

tion on appropriate conditions and shall not be incarcerated unless

the juvenile fails to comply with a condition of probation.

‘‘(ii) A juvenile is described in this clause if—

‘‘(I) the offense of which the juvenile is charged is posses-

sion of a handgun or ammunition in violation of section

922(x)(2); and

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‘‘(II) the juvenile has not been convicted in any court of an

offense (including an offense under section 922(x) or a similar

State law, but not including any other offense consisting of

conduct that if engaged in by an adult would not constitute an

offense) or adjudicated as a juvenile delinquent for conduct

that if engaged in by an adult would constitute an offense.

‘‘(B) A person other than a juvenile who knowingly violates sec-

tion 922(x)—

‘‘(i) shall be fined under this title, imprisoned not more

than 1 year, or both; and

‘‘(ii) if the person sold, delivered, or otherwise transferred

a handgun or ammunition to a juvenile knowing or having rea-

sonable cause to know that the juvenile intended to carry or

otherwise possess or discharge or otherwise use the handgun

or ammunition in the commission of a crime of violence, shall

be fined under this title, imprisoned not more than 10 years,

or both.’’.

ECHNICAL

MENDMENT OF

UVENILE

ELINQUENCY

ROVI

SIONS IN

ITLE

18, U

NITED

TATES

ODE

.—

(1) S

ECTION 5031

.—Section 5031 of title 18, United States

Code, is amended by inserting ‘‘or a violation by such a person

of section 922(x)’’ before the period at the end.

(2) S

ECTION 5032

.—Section 5032 of title 18, United States

Code, is amended—

(A) in the first undesignated paragraph by inserting

‘‘or (x)’’ after ‘‘922(p)’’; and

(B) in the fourth undesignated paragraph by inserting

‘‘or section 922(x) of this title,’’ before ‘‘criminal prosecution

on the basis’’.

(d) T

ECHNICAL

MENDMENT OF THE

UVENILE

USTICE AND

LINQUENCY

REVENTION

CT OF

1974.—Section 223(a)(12)(A) of the

Juvenile Justice and Delinquency Prevention Act of 1974 (42

U.S.C. 5633(a)(12)(A)) is amended by striking ‘‘which do not con-

stitute violations of valid court orders’’ and inserting ‘‘(other than

an offense that constitutes a violation of a valid court order or a

violation of section 922(x) of title 18, United States Code, or a simi-

lar State law).’’

(e) M

ODEL

.—The Attorney General, acting through the Di-

rector of the National Institute for Juvenile Justice and Delin-

quency Prevention, shall—

(1) evaluate existing and proposed juvenile handgun legis-

lation in each State;

(2) develop model juvenile handgun legislation that is con-

stitutional and enforceable;

(3) prepare and disseminate to State authorities the find-

ings made as the result of the evaluation; and

(4) report to Congress by December 31, 1995, findings and

recommendations concerning the need or appropriateness of

further action by the Federal Government.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

237 Sec. 110304 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle C—Licensure

SEC. 110301. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE

A PHOTOGRAPH AND FINGERPRINTS.

(a) F

IREARMS

ICENSURE

.—Section 923(a) of title 18, United

States Code, is amended in the second sentence by inserting ‘‘and

shall include a photograph and fingerprints of the applicant’’ before

the period.

(b) R

EGISTRATION

.—Section 5802 of the Internal Revenue Code

of 1986 is amended by inserting after the first sentence the fol-

lowing: ‘‘An individual required to register under this section shall

include a photograph and fingerprints of the individual with the

initial application.’’.

SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDI-

TION TO LICENSE.

Section 923(d)(1) of title 18, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(F) the applicant certifies that—

‘‘(i) the business to be conducted under the license is

not prohibited by State or local law in the place where the

licensed premise is located;

‘‘(ii)(I) within 30 days after the application is approved

the business will comply with the requirements of State

and local law applicable to the conduct of the business;

and

‘‘(II) the business will not be conducted under the li-

cense until the requirements of State and local law appli-

cable to the business have been met; and

‘‘(iii) that the applicant has sent or delivered a form to

be prescribed by the Secretary, to the chief law enforce-

ment officer of the locality in which the premises are lo-

cated, which indicates that the applicant intends to apply

for a Federal firearms license.’’.

SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION.

Section 923(d)(2) of title 18, United States Code, is amended by

striking ‘‘forty-five-day’’ and inserting ‘‘60-day’’.

SEC. 110304. INSPECTION OF FIREARMS LICENSEES’ INVENTORY AND

RECORDS.

Section 923(g)(1)(B)(ii) of title 18, United States Code, is

amended to read as follows:

‘‘(ii) for ensuring compliance with the record keep-

ing requirements of this chapter—

‘‘(I) not more than once during any 12-month

period; or

‘‘(II) at any time with respect to records relat-

ing to a firearm involved in a criminal investiga-

tion that is traced to the licensee.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

238 Sec. 110305 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

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

Section 923(g) of title 18, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(6) Each licensee shall report the theft or loss of a firearm

from the licensee’s inventory or collection, within 48 hours

after the theft or loss is discovered, to the Secretary and to the

appropriate local authorities.’’.

SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.

Section 923(g) of title 18, United States Code, as amended by

section 110405, is amended by adding at the end the following new

paragraph:

‘‘(7) Each licensee shall respond immediately to, and in no

event later than 24 hours after the receipt of, a request by the

Secretary for information contained in the records required to

be kept by this chapter as may be required for determining the

disposition of 1 or more firearms in the course of a bona fide

criminal investigation. The requested information shall be pro-

vided orally or in writing, as the Secretary may require. The

Secretary shall implement a system whereby the licensee can

positively identify and establish that an individual requesting

information via telephone is employed by and authorized by

the agency to request such information.’’.

SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS

LICENSEES.

Section 923 of title 18, United States Code, is amended by add-

ing at the end the following new subsection:

‘‘(1) The Secretary of the Treasury shall notify the chief

law enforcement officer in the appropriate State and local ju-

risdictions of the names and addresses of all persons in the

State to whom a firearms license is issued.’’.

Subtitle D—Domestic Violence

SEC. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR

RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COM-

MITTED DOMESTIC ABUSE.

(a) I

NTIMATE

ARTNER

EFINED

.—Section 921(a) of title 18,

United States Code, as amended by section 110103(b), is amended

by inserting at the end the following new paragraph:

‘‘(32) The term ‘intimate partner’ means, with respect to a per-

son, the spouse of the person, a former spouse of the person, an in-

dividual who is a parent of a child of the person, and an individual

who cohabitates or has cohabited with the person.’’.

(b) P

ROHIBITION

GAINST

ISPOSAL OF

IREARMS

.—Section

922(d) of title 18, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7) and

inserting ‘‘; or’’; and

(3) by inserting after paragraph (7) the following new

paragraph:

‘‘(8) is subject to a court order that restrains such person

from harassing, stalking, or threatening an intimate partner of

such person or child of such intimate partner or person, or en-

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As Amended Through P.L. 117-315, Enacted December 27, 2022

239 Sec. 110401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

gaging in other conduct that would place an intimate partner

in reasonable fear of bodily injury to the partner or child, ex-

cept that this paragraph shall only apply to a court order

that—

‘‘(A) was issued after a hearing of which such person

received actual notice, and at which such person had the

opportunity to participate; and

‘‘(B)(i) includes a finding that such person represents

a credible threat to the physical safety of such intimate

partner or child; or

‘‘(ii) by its terms explicitly prohibits the use, at-

tempted use, or threatened use of physical force against

such intimate partner or child that would reasonably be

expected to cause bodily injury.’’.

ROHIBITION

GAINST

ECEIPT OF

IREARMS

.—Section

922(g) of title 18, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (6);

(2) by inserting ‘‘or’’ at the end of paragraph (7); and

(3) by inserting after paragraph (7) the following:

‘‘(8) who is subject to a court order that—

‘‘(A) was issued after a hearing of which such person

received actual notice, and at which such person had an

opportunity to participate;

‘‘(B) restrains such person from harassing, stalking, or

threatening an intimate partner of such person or child of

such intimate partner or person, or engaging in other con-

duct that would place an intimate partner in reasonable

fear of bodily injury to the partner or child; and

‘‘(C)(i) includes a finding that such person represents

a credible threat to the physical safety of such intimate

partner or child; or

‘‘(ii) by its terms explicitly prohibits the use, at-

tempted use, or threatened use of physical force against

such intimate partner or child that would reasonably be

expected to cause bodily injury,’’.

(d) S

TORAGE OF

IREARMS

.—Section 926(a) of title 18, United

States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (1);

(2) by striking the period at the end of paragraph (2) and

inserting ‘‘; and’’; and

(3) by inserting after paragraph (2) the following:

‘‘(3) regulations providing for effective receipt and secure

storage of firearms relinquished by or seized from persons de-

scribed in subsection (d)(8) or (g)(8) of section 922.’’.

(e) R

ETURN OF

IREARMS

.—Section 924(d)(1) of title 18, United

States Code, is amended by striking ‘‘the seized’’ and inserting ‘‘or

lapse of or court termination of the restraining order to which he

is subject, the seized or relinquished’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

240 Sec. 110501 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle E—Gun Crime Penalties

SEC. 110501. ø28 U.S.C. 994 note¿ ENHANCED PENALTY FOR USE OF A

SEMIAUTOMATIC FIREARM DURING A CRIME OF VIO-

LENCE OR A DRUG TRAFFICKING CRIME.

(a) A

MENDMENT TO

ENTENCING

UIDELINES

.—Pursuant to its

authority under section 994 of title 28, United States Code, the

United States Sentencing Commission shall amend its sentencing

guidelines to provide an appropriate enhancement of the punish-

ment for a crime of violence (as defined in section 924(c)(3) of title

18, United States Code) or a drug trafficking crime (as defined in

section 924(c)(2) of title 18, United States Code) if a semiautomatic

firearm is involved.

(b) S

EMIAUTOMATIC

IREARM

.—In subsection (a), ‘‘semiauto-

matic firearm’’ means any repeating firearm that utilizes a portion

of the energy of a firing cartridge to extract the fired cartridge case

and chamber the next round and that requires a separate pull of

the trigger to fire each cartridge.

SEC. 110502. ø28 U.S.C. 994 note¿ ENHANCED PENALTY FOR SECOND OF-

FENSE OF USING AN EXPLOSIVE TO COMMIT A FELONY.

Pursuant to its authority under section 994 of title 28, United

States Code, the United States Sentencing Commission shall pro-

mulgate amendments to the sentencing guidelines to appropriately

enhance penalties in a case in which a defendant convicted under

section 844(h) of title 18, United States Code, has previously been

convicted under that section.

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

Section 924 of title 18, United States Code, as amended by sec-

tion 60013, is amended by adding at the end the following new sub-

section:

‘‘(j) A person who, with intent to engage in or to promote con-

duct that—

‘‘(1) is punishable under the Controlled Substances Act (21

U.S.C. 801 et seq.), the Controlled Substances Import and Ex-

port Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law En-

forcement Act (46 U.S.C. App. 1901 et seq.);

‘‘(2) violates any law of a State relating to any controlled

substance (as defined in section 102 of the Controlled Sub-

stances Act, 21 U.S.C. 802); or

‘‘(3) constitutes a crime of violence (as defined in sub-

section (c)(3),

smuggles or knowingly brings into the United States a firearm, or

attempts to do so, shall be imprisoned not more than 10 years,

fined under this title, or both.’’.

SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

(a) F

IREARMS

.—Section 924 of title 18, United States Code, as

amended by section 110203(a), is amended by adding at the end

the following new subsection:

‘‘(k) A person who steals any firearm which is moving as, or

is a part of, or which has moved in, interstate or foreign commerce

shall be imprisoned for not more than 10 years, fined under this

title, or both.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

241 Sec. 110505 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) E

XPLOSIVES

.—Section 844 of title 18, United States Code,

is amended by adding at the end the following new subsection:

‘‘(k) A person who steals any explosives materials which are

moving as, or are a part of, or which have moved in, interstate or

foreign commerce shall be imprisoned for not more than 10 years,

fined under this title, or both.’’.

SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRIS-

ONMENT.

Section 3583 of title 18, United States Code, is amended—

(1) in subsection (d) by striking ‘‘possess illegal controlled

substances’’ and inserting ‘‘unlawfully possess a controlled sub-

stance’’;

(2) in subsection (e)—

(A) by striking ‘‘person’’ each place such term appears

in such subsection and inserting ‘‘defendant’’; and

(B) by amending paragraph (3) to read as follows:

‘‘(3) revoke a term of supervised release, and require the

defendant to serve in prison all or part of the term of super-

vised release authorized by statute for the offense that resulted

in such term of supervised release without credit for time pre-

viously served on postrelease supervision, if the court, pursu-

ant to the Federal Rules of Criminal Procedure applicable to

revocation of probation or supervised release, finds by a pre-

ponderance of the evidence that the defendant violated a condi-

tion of supervised release, except that a defendant whose term

is revoked under this paragraph may not be required to serve

more than 5 years in prison if the offense that resulted in the

term of supervised release is a class A felony, more than 3

years in prison if such offense is a class B felony, more than

2 years in prison if such offense is a class C or D felony, or

more than one year in any other case; or’’; and

(3) by striking subsection (g) and inserting the following:

‘‘(g) M

ANDATORY

EVOCATION FOR

OSSESSION OF

ONTROLLED

UBSTANCE OR

IREARM OR FOR

EFUSAL

OMPLY

ITH

RUG

ESTING

.—If the defendant—

‘‘(1) possesses a controlled substance in violation of the

condition set forth in subsection (d);

‘‘(2) possesses a firearm, as such term is defined in section

921 of this title, in violation of Federal law, or otherwise vio-

lates a condition of supervised release prohibiting the defend-

ant from possessing a firearm; or

‘‘(3) refuses to comply with drug testing imposed as a con-

dition of supervised release;

the court shall revoke the term of supervised release and require

the defendant to serve a term of imprisonment not to exceed the

maximum term of imprisonment authorized under subsection (e)(3).

‘‘(h) S

UPERVISED

ELEASE

OLLOWING

EVOCATION

.—When a

term of supervised release is revoked and the defendant is required

to serve a term of imprisonment that is less than the maximum

term of imprisonment authorized under subsection (e)(3), the court

may include a requirement that the defendant be placed on a term

of supervised release after imprisonment. The length of such a

term of supervised release shall not exceed the term of supervised

release authorized by statute for the offense that resulted in the

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As Amended Through P.L. 117-315, Enacted December 27, 2022

242 Sec. 110506 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

original term of supervised release, less any term of imprisonment

that was imposed upon revocation of supervised release.

‘‘(i) D

ELAYED

EVOCATION

.—The power of the court to revoke

a term of supervised release for violation of a condition of super-

vised release, and to order the defendant to serve a term of impris-

onment and, subject to the limitations in subsection (h), a further

term of supervised release, extends beyond the expiration of the

term of supervised release for any period reasonably necessary for

the adjudication of matters arising before its expiration if, before

its expiration, a warrant or summons has been issued on the basis

of an allegation of such a violation.’’.

SEC. 110506. REVOCATION OF PROBATION.

(a) I

ENERAL

.—Section 3565(a) of title 18, United States

Code, is amended—

(1) in paragraph (2) by striking ‘‘impose any other sentence

that was available under subchapter A at the time of the ini-

tial sentencing’’ and inserting ‘‘resentence the defendant under

subchapter A’’; and

(2) by striking the last sentence.

(b) M

ANDATORY

EVOCATION

.—Section 3565(b) of title 18,

United States Code, is amended to read as follows:

‘‘(b) M

ANDATORY

EVOCATION FOR

OSSESSION OF

ONTROLLED

UBSTANCE OR

IREARM OR

EFUSAL

OMPLY

ITH

RUG

EST

ING

.—If the defendant—

‘‘(1) possesses a controlled substance in violation of the

condition set forth in section 3563(a)(3);

‘‘(2) possesses a firearm, as such term is defined in section

921 of this title, in violation of Federal law, or otherwise vio-

lates a condition of probation prohibiting the defendant from

possessing a firearm; or

‘‘(3) refuses to comply with drug testing, thereby violating

the condition imposed by section 3563(a)(4),

the court shall revoke the sentence of probation and resentence the

defendant under subchapter A to a sentence that includes a term

of imprisonment.’’.

SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE,

MATERIAL STATEMENT IN CONNECTION WITH THE AC-

QUISITION OF A FIREARM FROM A LICENSED DEALER.

Section 924(a) of title 18, United States Code, is amended—

(1) in subsection (a)(1)(B) by striking ‘‘(a)(6),’’; and

(2) in subsection (a)(2) by inserting ‘‘(a)(6),’’ after ‘‘sub-

sections’’.

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

Section 842(i) of title 18, United States Code, is amended by

inserting ‘‘or possess’’ after ‘‘to receive’’.

SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO

FORFEITURE.

Section 844(c) of title 18, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

(2) by adding at the end the following new paragraphs:

‘‘(2) Notwithstanding paragraph (1), in the case of the seizure

of any explosive materials for any offense for which the materials

would be subject to forfeiture in which it would be impracticable

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As Amended Through P.L. 117-315, Enacted December 27, 2022

243 Sec. 110512 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

or unsafe to remove the materials to a place of storage or would

be unsafe to store them, the seizing officer may destroy the explo-

sive materials forthwith. Any destruction under this paragraph

shall be in the presence of at least 1 credible witness. The seizing

officer shall make a report of the seizure and take samples as the

Secretary may by regulation prescribe.

‘‘(3) Within 60 days after any destruction made pursuant to

paragraph (2), the owner of (including any person having an inter-

est in) the property so destroyed may make application to the Sec-

retary for reimbursement of the value of the property. If the claim-

ant establishes to the satisfaction of the Secretary that—

‘‘(A) the property has not been used or involved in a viola-

tion of law; or

‘‘(B) any unlawful involvement or use of the property was

without the claimant’s knowledge, consent, or willful blindness,

the Secretary shall make an allowance to the claimant not exceed-

ing the value of the property destroyed.’’.

SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO

PAROLE.

(a) S

ECTION

924(e)(1)

ITLE 18

.—Section 924(e)(1) of title 18,

United States Code, is amended by striking ‘‘, and such person

shall not be eligible for parole with respect to the sentence imposed

under this subsection’’.

(b) S

ECTION

924(c)(1)

ITLE 18

.—Section 924(c)(1) of title 18,

United States Code, is amended by striking ‘‘No person sentenced

under this subsection shall be eligible for parole during the term

of imprisonment imposed under this subsection.’’.

SEC. 110511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STO-

LEN FIREARMS WHICH HAVE MOVED IN INTERSTATE OR

FOREIGN COMMERCE.

Section 922(j) of title 18, United States Code, is amended to

read as follows:

‘‘(j) It shall be unlawful for any person to receive, possess, con-

ceal, store, barter, sell, or dispose of any stolen firearm or stolen

ammunition, or pledge or accept as security for a loan any stolen

firearm or stolen ammunition, which is moving as, which is a part

of, which constitutes, or which has been shipped or transported in,

interstate or foreign commerce, either before or after it was stolen,

knowing or having reasonable cause to believe that the firearm or

ammunition was stolen.’’.

SEC. 110512. ø28 U.S.C. 994 note¿ USING A FIREARM IN THE COMMIS-

SION OF COUNTERFEITING OR FORGERY.

Pursuant to its authority under section 994 of title 28, United

States Code, the United States Sentencing Commission shall

amend its sentencing guidelines to provide an appropriate enhance-

ment of the punishment for a defendant convicted of a felony under

chapter 25 of title 18, United States Code, if the defendant used

or carried a firearm (as defined in section 921(a)(3) of title 18,

United States Code) during and in relation to the felony.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

244 Sec. 110513 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 110513. ø28 U.S.C. 994 note¿ ENHANCED PENALTIES FOR FIREARMS

POSSESSION BY VIOLENT FELONS AND SERIOUS DRUG

OFFENDERS.

Pursuant to its authority under section 994 of title 28, United

States Code, the United States Sentencing Commission shall

amend its sentencing guidelines to—

(1) appropriately enhance penalties in cases in which a de-

fendant convicted under section 922(g) of title 18, United

States Code, has 1 prior conviction by any court referred to in

section 922(g)(1) of title 18 for a violent felony (as defined in

section 924(e)(2)(B) of that title) or a serious drug offense (as

defined in section 924(e)(2)(A) of that title); and

(2) appropriately enhance penalties in cases in which such

a defendant has 2 prior convictions for a violent felony (as so

defined) or a serious drug offense (as so defined).

SEC. 110514. RECEIPT OF FIREARMS BY NONRESIDENT.

Section 922(a) of title 18, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (7);

(2) by striking the period at the end of paragraph (8) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(9) for any person, other than a licensed importer, li-

censed manufacturer, licensed dealer, or licensed collector, who

does not reside in any State to receive any firearms unless

such receipt is for lawful sporting purposes.’’.

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

(a) F

IREARMS

.—Section 924 of title 18, United States Code, as

amended by section 110504(a), is amended by adding at the end

the following new subsection:

‘‘(l) A person who steals any firearm from a licensed importer,

licensed manufacturer, licensed dealer, or licensed collector shall be

fined under this title, imprisoned not more than 10 years, or both.’’.

(b) E

XPLOSIVES

.—Section 844 of title 18, United States Code,

as amended by section 110204(b), is amended by adding at the end

the following new subsection:

‘‘(l) A person who steals any explosive material from a licensed

importer, licensed manufacturer, or licensed dealer, or from any

permittee shall be fined under this title, imprisoned not more than

10 years, or both.’’.

SEC. 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.

Section 842(d) of title 18, United States Code, is amended by

striking ‘‘licensee’’ and inserting ‘‘person’’.

SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAF-

FICKING.

Section 924 of title 18, United States Code, as amended by sec-

tion 110515(a), is amended by adding at the end the following new

subsection:

‘‘(m) A person who, with the intent to engage in conduct that

constitutes a violation of section 922(a)(1)(A), travels from any

State or foreign country into any other State and acquires, or at-

tempts to acquire, a firearm in such other State in furtherance of

such purpose shall be imprisoned for not more than 10 years.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

245 Sec. 120001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY.

(a) F

IREARMS

.—Section 924 of title 18, United States Code, as

amended by section 110517(a), is amended by adding at the end

the following new subsection:

‘‘(n) A person who conspires to commit an offense under sub-

section (c) shall be imprisoned for not more than 20 years, fined

under this title, or both; and if the firearm is a machinegun or de-

structive device, or is equipped with a firearm silencer or muffler,

shall be imprisoned for any term of years or life.’’.

(b) E

XPLOSIVES

.—Section 844 of title 18, United States Code,

as amended by section 110515(b), is amended by adding at the end

the following new subsection:

‘‘(m) A person who conspires to commit an offense under sub-

section (h) shall be imprisoned for any term of years not exceeding

20, fined under this title, or both.’’

SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION.

Section 921(a)(17) of title 18, United States Code, is amended

by revising subparagraph (B) and adding a new subparagraph (C)

to read as follows:

‘‘(B) The term ‘armor piercing ammunition’ means—

‘‘(i) a projectile or projectile core which may be used in

a handgun and which is constructed entirely (excluding

the presence of traces of other substances) from one or a

combination of tungsten alloys, steel, iron, brass, bronze,

beryllium copper, or depleted uranium; or

‘‘(ii) a full jacketed projectile larger than .22 caliber

designed and intended for use in a handgun and whose

jacket has a weight of more than 25 percent of the total

weight of the projectile.

‘‘(C) The term ‘armor piercing ammunition’ does not in-

clude shotgun shot required by Federal or State environmental

or game regulations for hunting purposes, a frangible projectile

designed for target shooting, a projectile which the Secretary

finds is primarily intended to be used for sporting purposes, or

any other projectile or projectile core which the Secretary finds

is intended to be used for industrial purposes, including a

charge used in an oil and gas well perforating device.’’.

TITLE XII—TERRORISM

SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CER-

TAIN TERRORISM OFFENSES.

(a) I

ENERAL

.—Chapter 213 of title 18, United States Code,

is amended by inserting after section 3285 the following new sec-

tion:

‘‘§ 3286. Extension of statute of limitation for certain ter-

rorism offenses

‘‘Notwithstanding section 3282, no person shall be prosecuted,

tried, or punished for any offense involving a violation of section 32

(aircraft destruction), section 36 (airport violence), section 112 (as-

saults upon diplomats), section 351 (crimes against Congressmen

or Cabinet officers), section 1116 (crimes against diplomats), sec-

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246 Sec. 120002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tion 1203 (hostage taking), section 1361 (willful injury to govern-

ment property), section 1751 (crimes against the President), section

2280 (maritime violence), section 2281 (maritime platform vio-

lence), section 2331 (terrorist acts abroad against United States na-

tionals), section 2339 (use of weapons of mass destruction), or sec-

tion 2340A (torture) of this title or section 46502, 46504, 46505, or

46506 of title 49, unless the indictment is found or the information

is instituted within 8 years after the offense was committed.’’.

(b) ø18 U.S.C. 3286 note¿ A

PPLICATION OF

MENDMENT

.—The

amendment made by subsection (a) shall not apply to any offense

committed more than 5 years prior to the date of enactment of this

Act.

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

213 of title 18, United States Code, is amended by inserting after

the item relating to section 3285 the following new item:

‘‘3286. Extension of statute of limitation for certain terrorism offenses.’’.

SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES

NATIONALS ON CERTAIN FOREIGN SHIPS.

Section 7 of title 18, United States Code (relating to the special

maritime and territorial jurisdiction of the United States), is

amended by inserting at the end thereof the following new para-

graph:

‘‘(8) To the extent permitted by international law, any foreign

vessel during a voyage having a scheduled departure from or ar-

rival in the United States with respect to an offense committed by

or against a national of the United States.’’.

SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.

(a) I

ENERAL

.—Chapter 25 of title 18, United States Code,

is amended by adding before section 471 the following new section:

‘‘§ 470. Counterfeit acts committed outside the United States

‘‘A person who, outside the United States, engages in the act

of—

‘‘(1) making, dealing, or possessing any counterfeit obliga-

tion or other security of the United States; or

‘‘(2) making, dealing, or possessing any plate, stone, or

other thing, or any part thereof, used to counterfeit such obli-

gation or security,

if such act would constitute a violation of section 471, 473, or 474

if committed within the United States, shall be fined under this

title, imprisoned not more than 20 years, or both.’’.

(b) T

ECHNICAL

MENDMENTS

.—

(1) C

HAPTER ANALYSIS

.—The chapter analysis for chapter

25 of title 18, United States Code, is amended by adding before

section 471 the following new item:

‘‘470. Counterfeit acts committed outside the United States.’’.

(2) P

ART ANALYSIS

.—The part analysis for part I of title 18,

United States Code, is amended by amending the item for

chapter 25 to read as follows:

‘‘25. Counterfeiting and forgery ............................................................................ 470’’.

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247 Sec. 120005 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 120004. ø28 U.S.C. 994 note¿ SENTENCING GUIDELINES INCREASE

FOR TERRORIST CRIMES.

The United States Sentencing Commission is directed to

amend its sentencing guidelines to provide an appropriate enhance-

ment for any felony, whether committed within or outside the

United States, that involves or is intended to promote international

terrorism, unless such involvement or intent is itself an element of

the crime.

SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

(a) O

FFENSE

.—Chapter 113A of title 18, United States Code, is

amended by adding the following new section:

‘‘§ 2339A. Providing material support to terrorists

‘‘(a) D

EFINITION

.—In this section, ‘material support or re-

sources’ means currency or other financial securities, financial

services, lodging, training, safehouses, false documentation or iden-

tification, communications equipment, facilities, weapons, lethal

substances, explosives, personnel, transportation, and other phys-

ical assets, but does not include humanitarian assistance to per-

sons not directly involved in such violations.

‘‘(b) O

FFENSE

.—A person who, within the United States, pro-

vides material support or resources or conceals or disguises the na-

ture, location, source, or ownership of material support or re-

sources, knowing or intending that they are to be used in prepara-

tion for, or in carrying out, a violation of section 32, 36, 351, 844

(f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or

2339 of this title or section 46502 of title 49, or in preparation for

or carrying out the concealment of an escape from the commission

of any such violation, shall be fined under this title, imprisoned not

more than 10 years, or both.

‘‘(c) I

NVESTIGATIONS

.—

‘‘(1) I

N GENERAL

.—Within the United States, an investiga-

tion may be initiated or continued under this section only

when facts reasonably indicate that—

‘‘(A) in the case of an individual, the individual know-

ingly or intentionally engages, has engaged, or is about to

engage in the violation of this or any other Federal crimi-

nal law; and

‘‘(B) in the case of a group of individuals, the group

knowingly or intentionally engages, has engaged, or is

about to engage in the violation of this or any other Fed-

eral criminal law.

‘‘(2) A

CTIVITIES PROTECTED BY THE FIRST AMENDMENT

.—An

investigation may not be initiated or continued under this sec-

tion based on activities protected by the First Amendment to

the Constitution, including expressions of support or the provi-

sion of financial support for the nonviolent political, religious,

philosophical, or ideological goals or beliefs of any person or

group.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

113A of title 18, United States Code, is amended by adding the fol-

lowing new item:

‘‘2339A. Providing material support to terrorists.’’.

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248 Sec. 130001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

TITLE XIII—CRIMINAL ALIENS AND

IMMIGRATION ENFORCEMENT

SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART,

OR REENTERING, AFTER FINAL ORDER OF DEPORTATION.

(a) F

AILURE

EPART

.—Section 242(e) of the Immigration

and Nationality Act (8 U.S.C. 1252(e)) is amended—

(1) by striking ‘‘paragraph (2), (3), or (4) of’’ the first time

it appears; and

(2) by striking ‘‘shall be imprisoned not more than ten

years’’ and inserting ‘‘shall be imprisoned not more than four

years, or shall be imprisoned not more than ten years if the

alien is a member of any of the classes described in paragraph

(1)(E), (2), (3), or (4) of section 241(a).’’.

(b) R

EENTRY

.—Section 276(b) of the Immigration and Nation-

ality Act (8 U.S.C. 1326(b)) is amended—

(1) in paragraph (1)—

(A) by inserting after ‘‘commission of’’ the following:

‘‘three or more misdemeanors involving drugs, crimes

against the person, or both, or’’; and

(B) by striking ‘‘5’’ and inserting ‘‘10’’;

(2) in paragraph (2), by striking ‘‘15’’ and inserting ‘‘20’’;

and

(3) by adding at the end the following sentence:

‘‘For the purposes of this subsection, the term ‘deportation’ in-

cludes any agreement in which an alien stipulates to deportation

during a criminal trial under either Federal or State law.’’.

SEC. 130002. ø8 U.S.C. 1226 note¿ CRIMINAL ALIEN TRACKING CENTER.

(a) O

PERATION AND

URPOSE

.—The Commissioner of Immigra-

tion and Naturalization shall, under the authority of section

242(a)(3)(A) of the Immigration and Nationality Act operate a

criminal alien identification system. The criminal alien identifica-

tion system shall be used to assist Federal, State, and local law en-

forcement agencies in identifying and locating aliens who may be

subject to removal by reason of their conviction of aggravated felo-

nies, subject to prosecution under section 275 of such Act, not law-

fully present in the United States, or otherwise removable. Such

system shall include providing for recording of fingerprint records

of aliens who have been previously arrested and removed into ap-

propriate automated fingerprint identification systems.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section—

(1) $3,400,000 for fiscal year 1996; and

(2) $5,000,000 for each of fiscal years 1997 through 2001.

SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR-

ISM INFORMATION.

(a) E

STABLISHMENT OF

ONIMMIGRANT

LASSIFICATION

.—

Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)) is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (Q),

(2) by striking the period at the end of subparagraph (R)

and inserting ‘‘; or’’, and

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249 Sec. 130003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) by adding at the end the following new subparagraph:

‘‘(S) subject to section 214(j), an alien—

‘‘(i) who the Attorney General determines—

‘‘(I) is in possession of critical reliable information

concerning a criminal organization or enterprise;

‘‘(II) is willing to supply or has supplied such in-

formation to Federal or State law enforcement au-

thorities or a Federal or State court; and

‘‘(III) whose presence in the United States the At-

torney General determines is essential to the success

of an authorized criminal investigation or the success-

ful prosecution of an individual involved in the crimi-

nal organization or enterprise; or

‘‘(ii) who the Secretary of State and the Attorney Gen-

eral jointly determine—

‘‘(I) is in possession of critical reliable information

concerning a terrorist organization, enterprise, or op-

eration;

‘‘(II) is willing to supply or has supplied such in-

formation to Federal law enforcement authorities or a

Federal court;

‘‘(III) will be or has been placed in danger as a re-

sult of providing such information; and

‘‘(IV) is eligible to receive a reward under section

36(a) of the State Department Basic Authorities Act of

1956,

and, if the Attorney General (or with respect to clause (ii), the

Secretary of State and the Attorney General jointly) considers

it to be appropriate, the spouse, married and unmarried sons

and daughters, and parents of an alien described in clause (i)

or (ii) if accompanying, or following to join, the alien.’’.

(b) C

ONDITIONS OF

NTRY

.—

(1) W

AIVER OF GROUNDS FOR EXCLUSION

.—Section 212(d) of

the Immigration and Nationality Act (8 U.S.C. 1182(d)) is

amended by inserting at the beginning the following new para-

graph:

‘‘(1) The Attorney General shall determine whether a ground

for exclusion exists with respect to a nonimmigrant described in

section 101(a)(15)(S). The Attorney General, in the Attorney Gen-

eral’s discretion, may waive the application of subsection (a) (other

than paragraph (3)(E)) in the case of a nonimmigrant described in

section 101(a)(15)(S), if the Attorney General considers it to be in

the national interest to do so. Nothing in this section shall be re-

garded as prohibiting the Immigration and Naturalization Service

from instituting deportation proceedings against an alien admitted

as a nonimmigrant under section 101(a)(15)(S) for conduct com-

mitted after the alien’s admission into the United States, or for

conduct or a condition that was not disclosed to the Attorney Gen-

eral prior to the alien’s admission as a nonimmigrant under section

101(a)(15)(S).’’.

(2) N

UMERICAL LIMITATIONS

;

PERIOD OF ADMISSION

;

ETC

.—

Section 214 of the Immigration and Nationality Act (8 U.S.C.

1184) is amended by adding at the end the following new sub-

section:

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250 Sec. 130003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(j)(1) The number of aliens who may be provided a visa as

nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may

not exceed 100. The number of aliens who may be provided a visa

as nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year

may not exceed 25.

‘‘(2) No alien may be admitted into the United States as such

a nonimmigrant more than 5 years after the date of the enactment

of this subsection.

‘‘(3) The period of admission of an alien as such a non-

immigrant may not exceed 3 years. Such period may not be ex-

tended by the Attorney General.

‘‘(4) As a condition for the admission, and continued stay in

lawful status, of such a nonimmigrant, the nonimmigrant—

‘‘(A) shall report not less often than quarterly to the Attor-

ney General such information concerning the alien’s where-

abouts and activities as the Attorney General may require;

‘‘(B) may not be convicted of any criminal offense punish-

able by a term of imprisonment of 1 year or more after the

date of such admission;

‘‘(C) must have executed a form that waives the non-

immigrant’s right to contest, other than on the basis of an ap-

plication for withholding of deportation, any action for deporta-

tion of the alien instituted before the alien obtains lawful per-

manent resident status; and

‘‘(D) shall abide by any other condition, limitation, or re-

striction imposed by the Attorney General.

‘‘(5) The Attorney General shall submit a report annually to

the Committee on the Judiciary of the House of Representatives

and the Committee on the Judiciary of the Senate concerning—

‘‘(A) the number of such nonimmigrants admitted;

‘‘(B) the number of successful criminal prosecutions or in-

vestigations resulting from cooperation of such aliens;

‘‘(C) the number of terrorist acts prevented or frustrated

resulting from cooperation of such aliens;

‘‘(D) the number of such nonimmigrants whose admission

or cooperation has not resulted in successful criminal prosecu-

tion or investigation or the prevention or frustration of a ter-

rorist act; and

‘‘(E) the number of such nonimmigrants who have failed to

report quarterly (as required under paragraph (4)) or who have

been convicted of crimes in the United States after the date of

their admission as such a nonimmigrant.’’.

(3) P

ROHIBITION OF CHANGE OF STATUS

.—Section 248(1) of

the Immigration and Nationality Act (8 U.S.C. 1258(1)) is

amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or (S)’’.

DJUSTMENT TO

ERMANENT

ESIDENT

TATUS

.—

(1) I

N GENERAL

.—Section 245 of the Immigration and Na-

tionality Act (8 U.S.C. 1255) is amended by adding at the end

the following new subsection:

‘‘(i)(1) If, in the opinion of the Attorney General—

‘‘(A) a nonimmigrant admitted into the United States

under section 101(a)(15)(S)(i) has supplied information de-

scribed in subclause (I) of such section; and

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‘‘(B) the provision of such information has substantially

contributed to the success of an authorized criminal investiga-

tion or the prosecution of an individual described in subclause

(III) of that section,

the Attorney General may adjust the status of the alien (and the

spouse, married and unmarried sons and daughters, and parents of

the alien if admitted under that section) to that of an alien lawfully

admitted for permanent residence if the alien is not described in

section 212(a)(3)(E).

‘‘(2) If, in the sole discretion of the Attorney General—

‘‘(A) a nonimmigrant admitted into the United States

under section 101(a)(15)(S)(ii) has supplied information de-

scribed in subclause (I) of such section, and

‘‘(B) the provision of such information has substantially

contributed to—

‘‘(i) the prevention or frustration of an act of terrorism

against a United States person or United States property,

‘‘(ii) the success of an authorized criminal investiga-

tion of, or the prosecution of, an individual involved in

such an act of terrorism, and

‘‘(C) the nonimmigrant has received a reward under sec-

tion 36(a) of the State Department Basic Authorities Act of

1956,

the Attorney General may adjust the status of the alien (and the

spouse, married and unmarried sons and daughters, and parents of

the alien if admitted under such section) to that of an alien law-

fully admitted for permanent residence if the alien is not described

in section 212(a)(3)(E).

‘‘(3) Upon the approval of adjustment of status under para-

graphs (1) or (2), the Attorney General shall record the alien’s law-

ful admission for permanent residence as of the date of such ap-

proval and the Secretary of State shall reduce by one the number

of visas authorized to be issued under sections 201(d) and 203(b)(4)

for the fiscal year then current.’’.

(2) E

XCLUSIVE MEANS OF ADJUSTMENT

.—Section 245(c) of

the Immigration and Nationality Act (8 U.S.C. 1255(c)) is

amended by striking ‘‘or’’ before ‘‘(4)’’ and by inserting before

the period at the end the following: ‘‘; or (5) an alien who was

admitted as a nonimmigrant described in section

101(a)(15)(S)’’.

(d) E

XTENSION OF

ERIOD OF

EPORTATION FOR

ONVICTION OF

RIME

.—Section 241(a)(2)(A)(i)(I) of the Immigration and Nation-

ality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting ‘‘(or

10 years in the case of an alien provided lawful permanent resident

status under section 245(i))’’ after ‘‘five years’’.

SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL

ALIENS WHO ARE NOT PERMANENT RESIDENTS.

(a) E

LIMINATION OF

DMINISTRATIVE

EARING FOR

ERTAIN

RIMINAL

LIENS

.—Section 242A of the Immigration and Nation-

ality Act (8 U.S.C. 1252a) is amended by adding at the end the fol-

lowing new subsection:

‘‘(b) D

EPORTATION OF

LIENS

ERMANENT

ESI

DENTS

.—

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252 Sec. 130004 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(1) The Attorney General may, in the case of an alien de-

scribed in paragraph (2), determine the deportability of such

alien under section 241(a)(2)(A)(iii) (relating to conviction of an

aggravated felony) and issue an order of deportation pursuant

to the procedures set forth in this subsection or section 242(b).

‘‘(2) An alien is described in this paragraph if the alien—

‘‘(A) was not lawfully admitted for permanent resi-

dence at the time at which proceedings under this section

commenced; and

‘‘(B) is not eligible for any relief from deportation

under this Act.

‘‘(3) The Attorney General may not execute any order de-

scribed in paragraph (1) until 30 calendar days have passed

from the date that such order was issued, unless waived by the

alien, in order that the alien has an opportunity to apply for

judicial review under section 106.

‘‘(4) Proceedings before the Attorney General under this

subsection shall be in accordance with such regulations as the

Attorney General shall prescribe. The Attorney General shall

provide that—

‘‘(A) the alien is given reasonable notice of the charges

and of the opportunity described in subparagraph (C);

‘‘(B) the alien shall have the privilege of being rep-

resented (at no expense to the government) by such coun-

sel, authorized to practice in such proccedings, as the alien

shall choose;

‘‘(C) the alien has a reasonable opportunity to inspect

the evidence and rebut the charges;

‘‘(D) the determination of deportability is supported by

clear, convincing, and unequivocal evidence and a record is

maintained for judicial review; and

‘‘(E) the final order of deportation is not entered by the

same person who issues the charges.’’.

(b) L

IMITED

UDICIAL

EVIEW

.—Section 106 of the Immigration

and Nationality Act (8 U.S.C. 1105a) is amended—

(1) in the first sentence of subsection (a), by inserting ‘‘or

pursuant to section 242A’’ after ‘‘under section 242(b)’’;

(2) in subsection (a)(1) and subsection (a)(3), by inserting

‘‘(including an alien described in section 242A)’’ after ‘‘aggra-

vated felony’’; and

(3) by adding at the end the following new subsection:

‘‘(d)(1) A petition for review or for habeas corpus on behalf of

an alien against whom a final order of deportation has been issued

pursuant to section 242A(b) may challenge only—

‘‘(A) whether the alien is in fact the alien described in the

order;

‘‘(B) whether the alien is in fact an alien described in sec-

tion 242A(b)(2);

‘‘(C) whether the alien has been convicted of an aggravated

felony and such conviction has become final; and

‘‘(D) whether the alien was afforded the procedures re-

quired by section 242A(b)(5).

‘‘(2) No court shall have jurisdiction to review any issue other

than an issue described in paragraph (1).’’.

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253 Sec. 130006 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ECHNICAL

MENDMENTS

.—Section 242A of the Immigra-

tion and Nationality Act (8 U.S.C. 1252a) is amended—

(1) by amending the heading to read as follows:

‘‘ EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’;

(2) in subsection (a), as designated prior to enactment of

this Act, by striking ‘‘(a) I

ENERAL

.—’’ and inserting the fol-

lowing:

‘‘(a) D

EPORTATION OF

RIMINAL

LIENS

.—

‘‘(1)

IN GENERAL

.—’’;

(3) in subsection (b), as designated prior to enactment of

this Act, by striking ‘‘(b) I

MPLEMENTATION

.—’’ and inserting

‘‘(2) I

MPLEMENTATION

.—’’;

(4) by striking subsection (c);

(5) in subsection (d)—

(A) by striking ‘‘(d) E

XPEDITED

ROCEEDINGS

.—(1)’’

and inserting ‘‘(3)

EXPEDITED PROCEEDINGS

.—(A)’’; and

(B) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and

(6) in subsection (e)—

(A) by striking ‘‘(e) R

EVIEW

.—(1)’’ and inserting ‘‘(4)

REVIEW

.—(A)’’;

(B) by striking the second sentence; and

(d) ø8 U.S.C. 1228 note¿ E

FFECTIVE

ATE

.—The amendments

made by this section shall apply to all aliens against whom depor-

tation proceedings are initiated after the date of enactment of this

Act.

SEC. 130005. ø8 U.S.C. 1158 note¿ EXPEDITIOUS REMOVAL FOR DENIED

ASYLUM APPLICANTS.

(a) I

ENERAL

.—The Attorney General may provide for the

expeditious adjudication of asylum claims and the expeditious re-

moval of asylum applicants whose applications have been finally

denied, unless the applicant remains in an otherwise valid non-

immigrant status.

(b) E

MPLOYMENT

UTHORIZATION

.—Section 208 of the Immigra-

tion and Nationality Act (8 U.S.C. 1158) is amended by adding at

the end the following new subsection:

‘‘(e) An applicant for asylum is not entitled to employment au-

thorization except as may be provided by regulation in the discre-

tion of the Attorney General.’’.

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section—

(1) $64,000,000 for fiscal year 1995;

(2) $90,000,000 for fiscal year 1996;

(3) $93,000,000 for fiscal year 1997; and

(4) $91,000,000 for fiscal year 1998.

SEC. 130006. ø8 U.S.C. 1101 note¿ IMPROVING BORDER CONTROLS.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated for the Immigration and Naturalization Service

to increase the resources for the Border Patrol, the Inspections Pro-

gram, and the Deportation Branch to apprehend illegal aliens who

attempt clandestine entry into the United States or entry into the

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254 Sec. 130007 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

United States with fraudulent documents or who remain in the

country after their nonimmigrant visas expire—

(1) $228,000,000 for fiscal year 1995;

(2) $185,000,000 for fiscal year 1996;

(3) $204,000,000 for fiscal year 1997; and

(4) $58,000,000 for fiscal year 1998.

Of the sums authorized in this section, all necessary funds

shall, subject to the availability of appropriations, be allocated to

increase the number of agent positions (and necessary support per-

sonnel positions) in the Border Patrol by not less than 1,000 full-

time equivalent positions in each of fiscal years 1995, 1996, 1997,

and 1998 beyond the number funded as of October 1, 1994.

(b) R

EPORT

.—By September 30, 1996 and September 30, 1998,

the Attorney General shall report to the Congress on the programs

described in this section. The report shall include an evaluation of

the programs, an outcome-based measurement of performance, and

an analysis of the cost effectiveness of the additional resources pro-

vided under this Act.

SEC. 130007. ø8 U.S.C. 1228 note¿ EXPANDED SPECIAL DEPORTATION

PROCEEDINGS.

(a) I

ENERAL

.—Subject to the availability of appropriations,

the Attorney General may expand the program authorized by sec-

tion 238(a)(3) and 239(d) of the Immigration and Nationality Act to

ensure that such aliens are immediately deportable upon their re-

lease from incarceration.

(b) D

ETENTION AND

EMOVAL OF

RIMINAL

LIENS

.—Subject to

the availability of appropriations, the Attorney General may—

(1) construct or contract for the construction of 2 Immigra-

tion and Naturalization Service Processing Centers to detain

criminal aliens; and

(2) provide for the detention and removal of such aliens.

EPORT

.—By September 30, 1996, and September 30, 1998

the Attorney General shall report to the Congress on the programs

referred to in subsections (a) and (b). The report shall include an

evaluation of the programs, an outcome-based measurement of per-

formance, and an analysis of the cost effectiveness of the additional

resources provided under this Act.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section—

(1) $55,000,000 for fiscal year 1995;

(2) $54,000,000 for fiscal year 1996;

(3) $49,000,000 for fiscal year 1997; and

(4) $2,000,000 for fiscal year 1998.

SEC. 130008. ø8 U.S.C. 1252 note¿ AUTHORITY TO ACCEPT CERTAIN AS-

SISTANCE.

(a) I

ENERAL

.—Subject to subsection (b) and notwith-

standing any other provision of law, the Attorney General, in the

discretion of the Attorney General, may accept, hold, administer,

and utilize gifts of property and services (which may not include

cash assistance) from State and local governments for the purpose

of assisting the Immigration and Naturalization Service in the

transportation of deportable aliens who are arrested for mis-

demeanor or felony crimes under State or Federal law and who are

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255 Sec. 130010 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

either unlawfully within the United States or willing to submit to

voluntary departure under safeguards. Any property acquired pur-

suant to this section shall be acquired in the name of the United

States.

(b) L

IMITATION

.—The Attorney General shall terminate or re-

scind the exercise of the authority under subsection (a) if the Attor-

ney General determines that the exercise of such authority has re-

sulted in discrimination by law enforcement officials on the basis

of race, color, or national origin.

SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVE-

MENT.

(a) I

ENERAL

.—Chapter 75 of title 18, United States Code,

is amended—

(1) in section 1541 by striking ‘‘not more than $500 or im-

prisoned not more than one year’’ and inserting ‘‘under this

title, imprisoned not more than 10 years’’;

(2) in each of sections 1542, 1543, and 1544 by striking

‘‘not more than $2,000 or imprisoned not more than five years’’

and inserting ‘‘under this title, imprisoned not more than 10

years’’;

(3) in section 1545 by striking ‘‘not more than $2,000 or

imprisoned not more than three years’’ and inserting ‘‘under

this title, imprisoned not more than 10 years’’;

(4) in section 1546(a) by striking ‘‘five years’’ and inserting

‘‘10 years’’;

(5) in section 1546(b) by striking ‘‘in accordance with this

title, or imprisoned not more than two years’’ and inserting

‘‘under this title, imprisoned not more than 5 years’’; and

(6) by adding at the end the following new section:

‘‘§ 1547. Alternative imprisonment maximum for certain of-

fenses

‘‘Notwithstanding any other provision of this title, the max-

imum term of imprisonment that may be imposed for an offense

under this chapter (other than an offense under section 1545)—

‘‘(1) if committed to facilitate a drug trafficking crime (as

defined in 929(a)) is 15 years; and

‘‘(2) if committed to facilitate an act of international ter-

rorism (as defined in section 2331) is 20 years.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

75 of title 18, United States Code, is amended by adding at the end

the following new item:

‘‘1547. Alternative imprisonment maximum for certain offenses.’’.

SEC. 130010. ASYLUM.

(a) F

INDINGS

.—The Senate finds that—

(1) in the last decade applications for asylum have greatly

exceeded the original 5,000 annual limit provided in the Ref-

ugee Act of 1980, with more than 150,000 asylum applications

filed in fiscal year 1993, and the backlog of cases growing to

340,000;

(2) this flood of asylum claims has swamped the system,

creating delays in the processing of applications of up to sev-

eral years;

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(3) the delay in processing asylum claims due to the over-

whelming numbers has contributed to numerous problems, in-

cluding—

(A) an abuse of the asylum laws by fraudulent appli-

cants whose primary interest is obtaining work authority

in the United States while their claim languishes in the

backlogged asylum processing system;

(B) the growth of alien smuggling operations, often in-

volving organized crime;

high cost of processing frivolous asylum claims through

our multilayered system; and

(D) an erosion of public support for asylum, which is

a treaty obligation.

(4) asylum, a safe haven protection for aliens abroad who

cannot return home, has been perverted by some aliens who

use asylum claims to circumvent our immigration and refugee

laws and procedures; and

(5) a comprehensive revision of our asylum law and proce-

dures is required to address these problems.

(b) P

OLICY

.—It is the sense of the Senate that—

(1) asylum is a process intended to protect aliens in the

United States who cannot safely return home;

(2) persons outside their country of nationality who have

a well-founded fear of persecution if they return should apply

for refugee status at one of our refugee processing offices

abroad; and

(3) the immigration, refugee and asylum laws of the

United States should be reformed to provide—

(A) a procedure for the expeditious exclusion of any

asylum applicant who arrives at a port-of-entry with

fraudulent documents, or no documents, and makes a non-

credible claim of asylum; and

(B) the immigration, refugee and asylum laws of the

United States should be reformed to provide for a stream-

lined affirmative asylum processing system for asylum ap-

plicants who make their application after they have en-

tered the United States.

TITLE XIV—YOUTH VIOLENCE

SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR

CRIMES OF VIOLENCE.

The 4th undesignated paragraph of section 5032 of title 18,

United States Code, is amended by striking ‘‘; however’’ and insert-

ing ‘‘. In the application of the preceding sentence, if the crime of

violence is an offense under section 113(a), 113(b), 113(c), 1111,

1113, or, if the juvenile possessed a firearm during the offense, sec-

tion 2111, 2113, 2241(a), or 2241(c), ‘thirteen’ shall be substituted

for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Not-

withstanding sections 1152 and 1153, no person subject to the

criminal jurisdiction of an Indian tribal government shall be sub-

ject to the preceding sentence for any offense the Federal jurisdic-

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257 Sec. 140006 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tion for which is predicated solely on Indian country (as defined in

section 1151), and which has occurred within the boundaries of

such Indian country, unless the governing body of the tribe has

elected that the preceding sentence have effect over land and per-

sons subject to its criminal jurisdiction. However’’.

SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.

Section 5032 of title 18, United States Code, is amended by

striking ‘‘Any proceedings against a juvenile under this chapter or

as an adult shall not be commenced until’’ and inserting ‘‘A juve-

nile shall not be transferred to adult prosecution nor shall a hear-

ing be held under section 5037 (disposition after a finding of juve-

nile delinquency) until’’.

SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.

Section 5039 of title 18, United States Code, is amended by in-

serting ‘‘, whether pursuant to an adjudication of delinquency or

conviction for an offense,’’ after ‘‘committed’’ the first place it ap-

pears.

SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.

Section 501(b) of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3751), as amended by section

100003, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (21);

(2) by striking the period at the end of paragraph (22) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(23) programs that address the need for effective bindover

systems for the prosecution of violent 16- and 17-year-old juve-

niles in courts with jurisdiction over adults for the crimes of—

‘‘(A) murder in the first degree;

‘‘(B) murder in the second degree;

‘‘(C) attempted murder;

‘‘(D) armed robbery when armed with a firearm;

‘‘(E) aggravated battery or assault when armed with a

firearm;

‘‘(F) criminal sexual penetration when armed with a

firearm; and

‘‘(G) drive-by shootings as described in section 36 of

title 18, United States Code.’’.

SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COM-

MITTED BY JUVENILES.

Section 5038 of title 18, United States Code, is amended in

subsection (f) by adding ‘‘or whenever a juvenille has been found

guilty of committing an act after his 13th birthday which if com-

mitted by an adult would be an offense described in the second sen-

tence of the fourth paragraph of section 5032 of this title,’’ after

‘‘title 21,’’.

SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO

DISTRIBUTE DRUGS NEAR SCHOOLS AND PLAYGROUNDS.

Section 419 of the Controlled Substances Act (21 U.S.C. 860)

is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

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258 Sec. 140007 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) by inserting after subsection (b) the following new sub-

section:

‘‘(c) Notwithstanding any other law, any person at least 21

years of age who knowingly and intentionally—

‘‘(1) employs, hires, uses, persuades, induces, entices, or co-

erces a person under 18 years of age to violate this section; or

‘‘(2) employs, hires, uses, persuades, induces, entices, or co-

erces a person under 18 years of age to assist in avoiding de-

tection or apprehension for any offense under this section by

any Federal, State, or local law enforcement official,

is punishable by a term of imprisonment, a fine, or both, up to tri-

ple those authorized by section 401.’’.

SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES IN-

VOLVING VIOLENCE AND CONSPIRACY TO COMMIT CON-

TRACT KILLINGS.

(a) T

RAVEL

ENALTIES

.—Section 1952(a) of title 18, United

States Code, is amended by striking ‘‘and thereafter performs or at-

tempts to perform any of the acts specified in subparagraphs (1),

(2), and (3), shall be fined not more than $10,000 or imprisoned for

not more than five years, or both.’’ and inserting ‘‘and thereafter

performs or attempts to perform—

‘‘(A) an act described in paragraph (1) or (3) shall be fined

under this title, imprisoned not more than 5 years, or both; or

‘‘(B) an act described in paragraph (2) shall be fined under

this title, imprisoned for not more than 20 years, or both, and

if death results shall be imprisoned for any term of years or

for life.’’.

(b) M

URDER

ONSPIRACY

ENALTIES

.—Section 1958(a) of title

18, United States Code, is amended by inserting ‘‘or who conspires

to do so’’ before ‘‘shall be fined’’ the first place it appears.

SEC. 140008. ø28 U.S.C. 994 note¿ SOLICITATION OF MINOR TO COMMIT

CRIME.

(a) D

IRECTIVE TO

ENTENCING

OMMISSION

.—(1) The United

States Sentencing Commission shall promulgate guidelines or

amend existing guidelines to provide that a defendant 21 years of

age or older who has been convicted of an offense shall receive an

appropriate sentence enhancement if the defendant involved a

minor in the commission of the offense.

(2) The Commission shall provide that the guideline enhance-

ment promulgated pursuant to paragraph (1) shall apply for any of-

fense in relation to which the defendant has solicited, procured, re-

cruited, counseled, encouraged, trained, directed, commanded, in-

timidated, or otherwise used or attempted to use any person less

than 18 years of age with the intent that the minor would commit

a Federal offense.

(b) R

ELEVANT

ONSIDERATIONS

.—In implementing the directive

in subsection (a), the Sentencing Commission shall consider—

(1) the severity of the crime that the defendant intended

the minor to commit;

(2) the number of minors that the defendant used or at-

tempted to use in relation to the offense;

(3) the fact that involving a minor in a crime of violence

is frequently of even greater seriousness than involving a

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259 Sec. 150001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

minor in a drug trafficking offense, for which the guidelines al-

ready provide a two-level enhancement; and

(4) the possible relevance of the proximity in age between

the offender and the minor(s) involved in the offense.

TITLE XV—CRIMINAL STREET GANGS

SEC. 150001. CRIMINAL STREET GANGS.

(a) I

ENERAL

.—Part I of title 18, United States Code, is

amended by inserting after chapter 25 the following new chapter:

‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘§ 521. Criminal street gangs

‘‘(a) D

EFINITIONS

.—

‘‘ ‘conviction’ includes a finding, under State or Federal

law, that a person has committed an act of juvenile delin-

quency involving a violent or controlled substances felony.

‘‘ ‘criminal street gang’ means an ongoing group, club, or-

ganization, or association of 5 or more persons—

‘‘(A) that has as 1 of its primary purposes the commis-

sion of 1 or more of the criminal offenses described in sub-

section (c);

‘‘(B) the members of which engage, or have engaged

within the past 5 years, in a continuing series of offenses

described in subsection (c); and

‘‘(C) the activities of which affect interstate or foreign

commerce.

‘‘(b) P

ENALTY

.—The sentence of a person convicted of an of-

fense described in subsection (c) shall be increased by up to 10

years if the offense is committed under the circumstances described

in subsection (d).

‘‘(c) O

FFENSES

.—The offenses described in this section are—

‘‘(1) a Federal felony involving a controlled substance (as

defined in section 102 of the Controlled Substances Act (21

U.S.C. 802)) for which the maximum penalty is not less than

5 years;

‘‘(2) a Federal felony crime of violence that has as an ele-

ment the use or attempted use of physical force against the

person of another; and

‘‘(3) a conspiracy to commit an offense described in para-

graph (1) or (2).

‘‘(d) C

IRCUMSTANCES

.—The circumstances described in this sec-

tion are that the offense described in subsection (c) was committed

by a person who—

‘‘(1) participates in a criminal street gang with knowledge

that its members engage in or have engaged in a continuing

series of offenses described in subsection (c);

‘‘(2) intends to promote or further the felonious activities

of the criminal street gang or maintain or increase his or her

position in the gang; and

‘‘(3) has been convicted within the past 5 years for—

‘‘(A) an offense described in subsection (c);

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‘‘(B) a State offense—

‘‘(i) involving a controlled substance (as defined in

section 102 of the Controlled Substances Act (21

U.S.C. 802)) for which the maximum penalty is not

less than 5 years’ imprisonment; or

‘‘(ii) that is a felony crime of violence that has as

an element the use or attempted use of physical force

against the person of another;

‘‘(C) any Federal or State felony offense that by its na-

ture involves a substantial risk that physical force against

the person of another may be used in the course of com-

mitting the offense; or

‘‘(D) a conspiracy to commit an offense described in

subparagraph (A), (B), or (C).’’.

(b) T

ECHNICAL

MENDMENT

.—The part analysis for part I of

title 18, United States Code, is amended by inserting after the item

relating to chapter 25 the following new item:

‘‘26. Criminal street gangs .................................................................................... 521’’.

SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFEND-

ERS.

Section 5032 of title 18, United States Code, is amended—

(1) in the first undesignated paragraph by striking

‘‘922(p)’’ and inserting ‘‘924(b), (g), or (h)’’;

(2) in the fourth undesignated paragraph by inserting ‘‘or

in section 924(b), (g), or (h) of this title,’’ before ‘‘criminal pros-

ecution’’ the first place it appears; and

(3) in the fifth undesignated paragraph by adding at the

end the following: ‘‘In considering the nature of the offense, as

required by this paragraph, the court shall consider the extent

to which the juvenile played a leadership role in an organiza-

tion, or otherwise influenced other persons to take part in

criminal activities, involving the use or distribution of con-

trolled substances or firearms. Such a factor, if found to exist,

shall weigh in favor of a transfer to adult status, but the ab-

sence of this factor shall not preclude such a transfer.’’.

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

JECTIVE.

Section 501(b) of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section

140004, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (22);

(2) by striking the period at the end of paragraph (23) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(24) law enforcement and prevention programs relating to

gangs, or to youth who are involved or at risk of involvement

in gangs.’’.

SEC. 150006. MENTORING PROGRAM.

Section 288C of part G of title II of the Juvenile Justice and

Delinquency Prevention Act of 1974 is amended to read as follows:

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261 Sec. 160001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘

REGULATIONS AND GUIDELINES

‘‘S

. 288C. (a) P

ROGRAM

UIDELINES

.—The Administrator

shall issue program guidelines to implement this part. The pro-

gram guidelines shall be effective only after a period for public no-

tice and comment.

‘‘(b) M

ODEL

CREENING

UIDELINES

.—The Administrator shall

develop and distribute to program participants specific model

guidelines for the screening of prospective program mentors.’’.

SEC. 150007. ø34 U.S.C. 12531¿ JUVENILE ANTI-DRUG AND ANTI-GANG

GRANTS IN FEDERALLY ASSISTED LOW-INCOME HOUSING.

Grants authorized in this Act to reduce or prevent juvenile

drug and gang-related activity in ‘‘public housing’’ may be used for

such purposes in federally assisted, low-income housing.

SEC. 150008. ø34 U.S.C. 12532¿ GANG INVESTIGATION COORDINATION

AND INFORMATION COLLECTION.

(a) C

OORDINATION

.—The Attorney General (or the Attorney

General’s designee), in consultation with the Secretary of the

Treasury (or the Secretary’s designee), shall develop a national

strategy to coordinate gang-related investigations by Federal law

enforcement agencies.

(b) D

ATA

OLLECTION

.—The Director of the Federal Bureau of

Investigation shall acquire and collect information on incidents of

gang violence for inclusion in an annual uniform crime report.

EPORT

.—The Attorney General shall prepare a report on

national gang violence outlining the strategy developed under sub-

section (a) to be submitted to the President and Congress by Janu-

ary 1, 1996.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $1,000,000 for fiscal

year 1996.

SEC. 150009. MULTIJURISDICTIONAL GANG TASK FORCES.

Section 504(f) of title I of the Omnibus Crime Control and Safe

Streets Act of 1968 is amended by inserting ‘‘victims assistance

programs, or multijurisdictional gang task forces’’ after ‘‘drug task

forces’’.

TITLE XVI—CHILD PORNOGRAPHY

SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD

PORNOGRAPHY.

(a) I

MPORT

ELATED

FFENSE

.—Chapter 110 of title 18, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 2258. Production of sexually explicit depictions of a minor

for importation into the United States

‘‘(a) U

SE OF

INOR

.—A person who, outside the United States,

employs, uses, persuades, induces, entices, or coerces any minor to

engage in, or who has a minor assist any other person to engage

in, or who transports any minor with the intent that the minor en-

gage in any sexually explicit conduct for the purpose of producing

any visual depiction of such conduct, intending that the visual de-

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262 Sec. 160001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

piction will be imported into the United States or into waters with-

in 12 miles of the coast of the United States, shall be punished as

provided in subsection (c).

‘‘(b) U

SE OF

ISUAL

EPICTION

.—A person who, outside the

United States, knowingly receives, transports, ships, distributes,

sells, or possesses with intent to transport, ship, sell, or distribute

any visual depiction of a minor engaging in sexually explicit con-

duct (if the production of the visual depiction involved the use of

a minor engaging in sexually explicit conduct), intending that the

visual depiction will be imported into the United States or into

waters within a distance of 12 miles of the coast of the United

States, shall be punished as provided in subsection (c).

‘‘(c) P

ENALTIES

.—A person who violates subsection (a) or (b), or

conspires or attempts to do so—

‘‘(1) shall be fined under this title, imprisoned not more

than 10 years, or both; and

‘‘(2) if the person has a prior conviction under this chapter

or chapter 109A, shall be fined under this title, imprisoned not

more than 20 years, or both.’’.

(b) T

ECHNICAL

MENDMENT

.—

(1) C

HAPTER ANALYSIS

.—The chapter analysis for chapter

110 of title 18, United States Code, is amended by adding at

the end the following new item:

‘‘2258. Production of sexually explicit depictions of a minor for importation into the

United States.’’.

(2) F

INE PROVISIONS

.—Section 2251(d) of title 18, United

States Code, is amended—

(A) by striking ‘‘not more than $100,000, or’’ and in-

serting ‘‘under this title,’’;

(B) by striking ‘‘not more than $200,000, or’’ and in-

serting ‘‘under this title,’’; and

‘‘under this title’’.

ECTION

2251 P

ENALTY

NHANCEMENT

.—Section 2251(d) of

title 18, United States Code, is amended by striking ‘‘this section’’

the second place it appears and inserting ‘‘this chapter or chapter

109A’’.

(d) S

ECTION

2252 P

ENALTY

NHANCEMENT

.—Section 2252(b)(1)

of title 18, United States Code, is amended by striking ‘‘this sec-

tion’’ and inserting ‘‘this chapter or chapter 109A’’.

(e) C

ONSPIRACY AND

TTEMPT

.—Sections 2251(d) and 2252(b) of

title 18, United States Code, are each amended by inserting ‘‘, or

attempts or conspires to violate,’’ after ‘‘violates’’ each place it ap-

pears.

(f) RICO A

MENDMENT

.—Section 1961(l) of title 18, United

States Code, is amended by striking ‘‘2251–2252’’ and inserting

‘‘2251, 2251A, 2252, and 2258’’.

(g) T

RANSPORTATION OF

INORS

.—Section 2423 of title 18,

United States Code, is amended—

(1) by striking ‘‘(a) Whoever’’ and inserting ‘‘(a) T

RANSPOR

TATION

ITH

NTENT

NGAGE IN

RIMINAL

EXUAL

CTIV

ITY

.—A person who’’; and

(2) by adding at the end the following new subsection:

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263 Sec. 160003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(b) T

RAVEL

ITH

NTENT

NGAGE IN

EXUAL

ITH A

UVENILE

.—A person who travels in interstate commerce, or con-

spires to do so, or a United States citizen or an alien admitted for

permanent residence in the United States who travels in foreign

commerce, or conspires to do so, for the purpose of engaging in any

sexual act (as defined in section 2245) with a person under 18

years of age that would be in violation of chapter 109A if the sex-

ual act occurred in the special maritime and territorial jurisdiction

of the United States shall be fined under this title, imprisoned not

more than 10 years, or both.’’.

SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION

REGARDING CHILD PORNOGRAPHY.

It is the sense of the Congress that each State that has not yet

done so should enact legislation prohibiting the production, dis-

tribution, receipt, or simple possession of materials depicting a per-

son under 18 years of age engaging in sexually explicit conduct (as

defined in section 2256 of title 18, United States Code) and pro-

viding for a maximum imprisonment of at least 1 year and for the

forfeiture of assets used in the commission or support of, or gained

from, such offenses.

SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING

SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES

CODE.

(a) ø18 U.S.C. 2252 note¿ D

ECLARATION

.—The Congress de-

clares that in enacting sections 2252 and 2256 of title 18, United

States Code, it was and is the intent of Congress that—

(1) the scope of ‘‘exhibition of the genitals or pubic area’’

in section 2256(2)(E), in the definition of ‘‘sexually explicit con-

duct’’, is not limited to nude exhibitions or exhibitions in which

the outlines of those areas were discernible through clothing;

and

(2) the requirements in section 2252(a) (1)(A), (2)(A),

(3)(B)(i), and (4)(B)(i) that the production of a visual depiction

involve the use of a minor engaging in ‘‘sexually explicit con-

duct’’ of the kind described in section 2256(2)(E) are satisfied

if a person photographs a minor in such a way as to exhibit

the child in a lascivious manner.

(b) S

ENSE OF THE

ONGRESS

.—It is the sense of the Congress

that in filing its brief in United States v. Knox, No. 92–1183, and

thereby depriving the United States Supreme Court of the adverse-

ness necessary for full and fair presentation of the issues arising

in the case, the Department of Justice did not accurately reflect the

intent of Congress in arguing that ‘‘the videotapes in øthe Knox

case¿ constitute ‘lascivious exhibition[s] of the genitals or pubic

area’ only if those body parts are visible in the tapes and the mi-

nors posed or acted lasciviously.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

264 Sec. 170201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

TITLE XVII—CRIMES AGAINST

CHILDREN

Subtitle A—Jacob Wetterling Crimes

Against Children and Sexually Violent

Offender Registration Act

øSections 170101 and 170102 were repealed by section 129(a)

of Public Law 109–248¿

Subtitle B—Assaults Against Children

SEC. 170201. ASSAULTS AGAINST CHILDREN.

(a) S

IMPLE

SSAULT

.—Section 113(e) of title 18, United States

Code, is amended by inserting ‘‘, or if the victim of the assault is

an individual who has not attained the age of 16 years, by fine

under this title or imprisonment for not more than 1 year, or both’’

before the period.

(b) A

SSAULTS

ESULTING IN

UBSTANTIAL

ODILY

NJURY

.—

Section 113 of title 18, United States Code, is amended by adding

at the end the following:

‘‘(7) Assault resulting in substantial bodily injury to an in-

dividual who has not attained the age of 16 years, by fine

under this title or imprisonment for not more than 5 years, or

both.’’.

ECHNICAL AND

TYLISTIC

HANGES TO

ECTION

113.—Sec-

tion 113 of title 18, United States Code, is amended—

(1) in paragraph (b), by striking ‘‘of not more than $3,000’’

and inserting ‘‘under this title’’;

(2) in paragraph (c), by striking ‘‘of not more than $1,000’’

and inserting ‘‘under this title’’;

(3) in paragraph (d), by striking ‘‘of not more than $500’’

and inserting ‘‘under this title’’;

(4) by modifying the left margin of each of paragraphs (a)

through (f) so that they are indented 2 ems;

(5) by redesignating paragraphs (a) through (f) as para-

graphs (1) through (6); and

(6) by inserting ‘‘(a)’’ before ‘‘Whoever’’.

(d) D

EFINITIONS

.—Section 113 of title 18, United States Code,

is amended by adding at the end the following:

‘‘(b) As used in this subsection—

‘‘(1) the term ‘substantial bodily injury’ means bodily in-

jury which involves—

‘‘(A) a temporary but substantial disfigurement; or

‘‘(B) a temporary but substantial loss or impairment of

the function of any bodily member, organ, or mental fac-

ulty; and

‘‘(2) the term ‘serious bodily injury’ has the meaning given

that term in section 1365 of this title.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

265 Sec. 180102 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(e) A

SSAULTS IN

NDIAN

OUNTRY

.—Section 1153(a) of title 18,

United States Code, is amended by inserting ‘‘(as defined in section

1365 of this title), an assault against an individual who has not at-

tained the age of 16 years’’ after ‘‘serious bodily injury’’.

TITLE XVIII—RURAL CRIME

Subtitle A—Drug Trafficking in Rural

Areas

SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT

AGENCIES.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a)(9) of

title I of the Omnibus Crime Control and Safe Streets Act of 1968

is amended to read as follows:

‘‘(9) There are authorized to be appropriated to carry out part

O—

‘‘(A) $24,000,000 for fiscal year 1996;

‘‘(B) $40,000,000 for fiscal year 1997;

‘‘(C) $50,000,000 for fiscal year 1998;

‘‘(D) $60,000,000 for fiscal year 1999; and

‘‘(E) $66,000,000 for fiscal year 2000.’’.

(b) A

MENDMENT TO

ASE

LLOCATION

.—Section 1501(a)(2)(A)

of title I of the Omnibus Crime Control and Safe Streets Act of

1968 is amended by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’.

LARIFICATION

.—Section 1501(b) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3796bb(b))

is amended by inserting ‘‘, based on the decennial census of 1990

through fiscal year 1997’’ before the period.

SEC. 180102. ø34 U.S.C. 12541¿ RURAL CRIME AND DRUG ENFORCEMENT

TASK FORCES.

(a) E

STABLISHMENT

.—The Attorney General, in consultation

with the Governors, mayors, and chief executive officers of State

and local law enforcement agencies, may establish a Rural Crime

and Drug Enforcement Task Force in judicial districts that encom-

pass significant rural lands. Assets seized as a result of investiga-

tions initiated by a Rural Crime and Drug Enforcement Task Force

and forfeited under Federal law shall be used, consistent with the

guidelines on equitable sharing established by the Attorney Gen-

eral and of the Secretary of the Treasury, primarily to enhance the

operations of the task force and its participating State and local

law enforcement agencies.

(b) T

ASK

ORCE

EMBERSHIP

.—The Task Forces established

under subsection (a) shall be carried out under policies and proce-

dures established by the Attorney General. The Attorney General

may deputize State and local law enforcement officers and may

cross-designate up to 100 Federal law enforcement officers, when

necessary to undertake investigations pursuant to section 503(a) of

the Controlled Substances Act (21 U.S.C. 873(a)) or offenses pun-

ishable by a term of imprisonment of 10 years or more under title

18, United States Code. The task forces—

(1) shall include representatives from—

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266 Sec. 180103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) State and local law enforcement agencies;

(B) the office of the United States Attorney for the ju-

dicial district; and

forcement Administration, the Immigration and Natu-

ralization Service, and the United States Marshals Serv-

ice; and

(2) may include representatives of other Federal law en-

forcement agencies, such as the United States Customs Serv-

ice, United States Park Police, United States Forest Service,

Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land

Management.

SEC. 180103. ø34 U.S.C. 12542¿ RURAL DRUG ENFORCEMENT TRAINING.

(a) S

PECIALIZED

RAINING FOR

URAL

FFICERS

.—The Director

of the Federal Law Enforcement Training Center shall develop a

specialized course of instruction devoted to training law enforce-

ment officers from rural agencies in the investigation of drug traf-

ficking and related crimes.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out subsection (a)—

(1) $1,000,000 for fiscal year 1996;

(2) $1,000,000 for fiscal year 1997;

(3) $1,000,000 for fiscal year 1998;

(4) $1,000,000 for fiscal year 1999; and

(5) $1,000,000 for fiscal year 2000.

SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS-

TRATION.

There are authorized to be appropriated for the hiring of addi-

tional Drug Enforcement Administration agents—

(1) $12,000,000 for fiscal year 1996;

(2) $20,000,000 for fiscal year 1997;

(3) $30,000,000 for fiscal year 1998;

(4) $40,000,000 for fiscal year 1999; and

(5) $48,000,000 for fiscal year 2000.

Subtitle B—Drug Free Truck Stops and

Safety Rest Areas

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

(a) ø21 U.S.C. 801 note¿ S

HORT

ITLE

.—This section may be

cited as the ‘‘Drug Free Truck Stop Act’’.

(b) A

MENDMENT TO

ONTROLLED

UBSTANCES

.—

(1) I

N GENERAL

.—Part D of the Controlled Substances Act

(21 U.S.C. 801 et seq.) is amended by inserting after section

408 the following new section:

‘‘

TRANSPORTATION SAFETY OFFENSES

‘‘S

. 409. (a) D

EFINITIONS

.—In this section—

‘‘ ‘safety rest area’ means a roadside facility with parking

facilities for the rest or other needs of motorists.

‘‘ ‘truck stop’ means a facility (including any parking lot

appurtenant thereto) that—

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267 Sec. 180301 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(A) has the capacity to provide fuel or service, or

both, to any commercial motor vehicle (as defined in sec-

tion 31301 of title 49, United States Code), operating in

commerce (as defined in that section); and

‘‘(B) is located within 2,500 feet of the National Sys-

tem of Interstate and Defense Highways or the Federal-

Aid Primary System.

‘‘(b) F

IRST

FFENSE

.—A person who violates section 401(a)(1)

or section 416 by distributing or possessing with intent to dis-

tribute a controlled substance in or on, or within 1,000 feet of, a

truck stop or safety rest area is (except as provided in subsection

(b)) subject to—

‘‘(1) twice the maximum punishment authorized by section

401(b); and

‘‘(2) twice any term of supervised release authorized by

section 401(b) for a first offense.

‘‘(c) S

UBSEQUENT

FFENSE

.—A person who violates section

401(a)(1) or section 416 by distributing or possessing with intent to

distribute a controlled substance in or on, or within 1,000 feet of,

a truck stop or a safety rest area after a prior conviction or convic-

tions under subsection (a) have become final is subject to—

‘‘(1) 3 times the maximum punishment authorized by sec-

tion 401(b); and

‘‘(2) 3 times any term of supervised release authorized by

section 401(b) for a first offense.’’.

(2) T

ECHNICAL AMENDMENTS

.—

(A) C

ROSS REFERENCE

.—Section 401(b) of the Con-

trolled Substances Act (21 U.S.C. 841(b)) is amended by in-

serting ‘‘409,’’ before ‘‘418,’’ each place it appears.

(B) T

ABLE OF CONTENTS

.—The table of contents of the

Comprehensive Drug Abuse Prevention and Control Act of

1970 is amended by striking the item relating to section

409 and inserting the following new item:

‘‘Sec. 409. Transportation safety offenses.’’.

ENTENCING

UIDELINES

.—Pursuant

to its authority under section 994 of title 28, United States Code,

and section 21 of the Sentencing Act of 1987 (28 U.S.C. 994 note),

the United States Sentencing Commission shall promulgate guide-

lines, or shall amend existing guidelines, to provide an appropriate

enhancement of punishment for a defendant convicted of violating

section 409 of the Controlled Substances Act, as added by sub-

section (b).

Subtitle C—Sense of Congress Regarding

Funding for Rural Areas

SEC. 180301. FUNDING FOR RURAL AREAS.

It is the sense of Congress that—

(1) the Attorney General should ensure that funding for

programs authorized by the provisions of this Act and amend-

ments made by this Act is distributed in such a manner that

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As Amended Through P.L. 117-315, Enacted December 27, 2022

268 Sec. 190001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

rural areas continue to receive comparable support for their

broad-based crime fighting initiatives;

(2) rural communities should not receive less funding than

they received in fiscal year 1994 for anti-crime initiatives as a

result of any legislative or administrative actions; and

(3) to the maximum extent possible, funding for the Ed-

ward Byrne Memorial State and Local Law Enforcement As-

sistance Program should be maintained at its fiscal year 1994

level.

TITLE XIX—FEDERAL LAW

ENFORCEMENT

SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.

(a) A

UTHORIZATION OF

DDITIONAL

PPROPRIATIONS FOR THE

EDERAL

UDICIARY

.—

EDERAL JUDICIARY

.—There are authorized to be appro-

priated for the activities of the Federal Judiciary to help meet

the increased demands for judicial activities, including super-

vised release, pre-trial and probation services, that will result

from enactment into law of this Act—

(A) $30,000,000 for fiscal year 1996;

(B) $35,000,000 for fiscal year 1997;

(D) $40,000,000 for fiscal year 1999; and

(E) $55,000,000 for fiscal year 2000.

(b) A

UTHORIZATION OF

DDITIONAL

PPROPRIATIONS FOR THE

EPARTMENT OF

USTICE

.—There is authorized to be appropriated

for the activities and agencies of the Department of Justice, in ad-

dition to sums authorized elsewhere in this section, to help meet

the increased demands for Department of Justice activities that

will result from enactment into law of this Act—

(A) $40,000,000 for fiscal year 1996;

(B) $40,000,000 for fiscal year 1997;

(D) $40,000,000 for fiscal year 1999; and

(E) $39,000,000 for fiscal year 2000.

UTHORIZATION OF

DDITIONAL

PPROPRIATIONS FOR THE

EDERAL

UREAU OF

NVESTIGATION

.—There is authorized to be ap-

propriated for the activities of the Federal Bureau of Investigation,

to help meet the increased demands for Federal Bureau of Inves-

tigation activities that will result from enactment into law of this

Act—

(A) $35,000,000 for fiscal year 1996;

(B) $40,000,000 for fiscal year 1997;

(D) $60,000,000 for fiscal year 1999; and

(E) $60,000,000 for fiscal year 2000.

(d) A

UTHORIZATION OF

DDITIONAL

PPROPRIATIONS FOR

NITED

TATES

TTORNEYS

.—There is authorized to be appro-

priated for the account Department of Justice, Legal Activities,

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As Amended Through P.L. 117-315, Enacted December 27, 2022

269 Sec. 200103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘Salaries and expenses, United States Attorneys’’, to help meet the

increased demands for litigation and related activities which will

result from enactment into law of this Act—

(A) $5,000,000 for fiscal year 1996;

(B) $8,000,000 for fiscal year 1997;

(D) $12,000,000 for fiscal year 1999; and

(E) $15,000,000 for fiscal year 2000.

(e) A

UTHORIZATION OF

DDITIONAL

PPROPRIATIONS FOR THE

EPARTMENT OF THE

REASURY

.—There is authorized to be appro-

priated for the activities of the Bureau of Alcohol, Tobacco, and

Firearms, the United States Customs Service, the Financial Crimes

Enforcement Network, the Federal Law Enforcement Training Cen-

ter, the Criminal Investigation Division of the Internal Revenue

Service, and the United States Secret Service to help meet the in-

creased demands for Department of the Treasury activities that

will result from enactment into law of this Act—

(A) $30,000,000 for fiscal year 1995;

(B) $70,000,000 for fiscal year 1996;

(D) $110,000,000 for fiscal year 1998;

(E) $125,000,000 for fiscal year 1999; and

(F) $125,000,000 for fiscal year 2000.

TITLE XX—POLICE CORPS AND LAW EN-

FORCEMENT OFFICERS TRAINING

AND EDUCATION

Subtitle A—Police Corps

SEC. 200101. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Police Corps Act’’.

SEC. 200102. ø34 U.S.C. 12551¿ PURPOSES.

The purposes of this subtitle are to—

(1) address violent crime by increasing the number of po-

lice with advanced education and training on community pa-

trol; and

(2) provide educational assistance to law enforcement per-

sonnel and to students who possess a sincere interest in public

service in the form of law enforcement.

SEC. 200103. ø34 U.S.C. 12552¿ DEFINITIONS.

In this subtitle—

‘‘academic year’’ means a traditional academic year begin-

ning in August or September and ending in the following May

or June.

‘‘dependent child’’ means a natural or adopted child or

stepchild of a law enforcement officer who at the time of the

officer’s death—

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270 Sec. 200104 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) was no more than 21 years old; or

(B) if older than 21 years, was in fact dependent on

the child’s parents for at least one-half of the child’s sup-

port (excluding educational expenses), as determined by

the Director.

‘‘Director’’ means the Director of the Office of the Police

Corps and Law Enforcement Education appointed under sec-

tion 200104.

‘‘educational expenses’’ means expenses that are directly

attributable to a course of education leading to the award of ei-

ther a baccalaureate or graduate degree in a course of study

which, in the judgment of the State or local police force to

which the participant will be assigned, includes appropriate

preparation for police service including the cost of tuition, fees,

books, supplies, transportation, room and board and miscella-

neous expenses.

‘‘institution of higher education’’ has the meaning stated in

the first sentence of section 101 of the Higher Education Act

of 1965.

‘‘participant’’ means a participant in the Police Corps pro-

gram selected pursuant to section 200106.

‘‘State’’ means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Is-

lands, American Samoa, Guam, and the Commonwealth of the

Northern Mariana Islands.

‘‘State Police Corps program’’ means a State police corps

program that meets the requirements of section 200110.

SEC. 200104. ø34 U.S.C. 12553¿ ESTABLISHMENT OF OFFICE OF THE PO-

LICE CORPS AND LAW ENFORCEMENT EDUCATION.

There is established in the Department of Justice, under the

general authority of the Attorney General, an Office of the Police

Corps and Law Enforcement Education.

SEC. 200105. ø34 U.S.C. 12554¿ DESIGNATION OF LEAD AGENCY AND

SUBMISSION OF STATE PLAN.

(a) L

EAD

GENCY

.—A State that desires to participate in the

Police Corps program under this subtitle shall designate a lead

agency that will be responsible for—

(1) submitting to the Director a State plan described in

subsection (b); and

(2) administering the program in the State.

(b) S

TATE

LANS

.—A State plan shall—

(1) contain assurances that the lead agency shall work in

cooperation with the local law enforcement liaisons,

representatives of police labor organizations and police man-

agement organizations, and other appropriate State and local

agencies to develop and implement interagency agreements de-

signed to carry out the program;

(2) contain assurances that the State shall advertise the

assistance available under this subtitle;

(3) contain assurances that the State shall screen and se-

lect law enforcement personnel for participation in the pro-

gram; and

(4) meet the requirements of section 200110.

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271 Sec. 200106 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 200106. ø34 U.S.C. 12555¿ SCHOLARSHIP ASSISTANCE.

(a) S

CHOLARSHIPS

UTHORIZED

.—(1) The Director may award

scholarships to participants who agree to work in a State or local

police force in accordance with agreements entered into pursuant

to subsection (d).

(2)(A) Except as provided in subparagraph (B), each scholar-

ship payment made under this section for each academic year shall

not exceed—

(i) $10,000; or

(ii) the cost of the educational expenses related to attend-

ing an institution of higher education.

(B) In the case of a participant who is pursuing a course of

educational study during substantially an entire calendar year, the

amount of scholarship payments made during such year shall not

exceed $13,333.

one student under this section shall not exceed $40,000.

(3) Recipients of scholarship assistance under this section shall

continue to receive such scholarship payments only during such pe-

riods as the Director finds that the recipient is maintaining satis-

factory progress as determined by the institution of higher edu-

cation the recipient is attending.

(4)(A) The Director shall make scholarship payments under

this section directly to the institution of higher education that the

student is attending.

(B) Each institution of higher education receiving a payment

on behalf of a participant pursuant to subparagraph (A) shall remit

to such student any funds in excess of the costs of tuition, fees, and

room and board payable to the institution.

(b) R

EIMBURSEMENT

UTHORIZED

.—(1) The Director may make

payments to a participant to reimburse such participant for the

costs of educational expenses if the student agrees to work in a

State or local police force in accordance with the agreement entered

into pursuant to subsection (d).

(2)(A) Each payment made pursuant to paragraph (1) for each

academic year of study shall not exceed—

(i) $10,000; or

(ii) the cost of educational expenses related to attending an

institution of higher education.

(B) In the case of a participant who is pursuing a course of

educational study during substantially an entire calendar year, the

amount of scholarship payments made during such year shall not

exceed $13,333.

graph (A) to any 1 student shall not exceed $40,000.

SE OF

CHOLARSHIP

.—Scholarships awarded under this

subsection shall only be used to attend a 4-year institution of high-

er education, except that—

(1) scholarships may be used for graduate and professional

study; and

(2) if a participant has enrolled in the program upon or

after transfer to a 4-year institution of higher education, the

Director may reimburse the participant for the participant’s

prior educational expenses.

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272 Sec. 200106 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(d) A

GREEMENT

.—(1)(A) Each participant receiving a scholar-

ship or a payment under this section shall enter into an agreement

with the Director.

(B) An agreement under subparagraph (A) shall contain assur-

ances that the participant shall—

(i) after successful completion of a baccalaureate program

and training as prescribed in section 200108, work for 4 years

in a State or local police force without there having arisen suf-

ficient cause for the participant’s dismissal under the rules ap-

plicable to members of the police force of which the participant

is a member;

(ii) complete satisfactorily—

(I) an educational course of study and receipt of a bac-

calaureate degree (in the case of undergraduate study) or

the reward of credit to the participant for having com-

pleted one or more graduate courses (in the case of grad-

uate study); and

(II) Police Corps training and certification by the Di-

rector that the participant has met such performance

standards as may be established pursuant to section

200108; and

(iii) repay all of the scholarship or payment received plus

interest at the rate of 10 percent if the conditions of clauses

(i) and (ii) are not complied with.

(2)(A) A recipient of a scholarship or payment under this sec-

tion shall not be considered to be in violation of the agreement en-

tered into pursuant to paragraph (1) if the recipient—

(i) dies; or

(ii) becomes permanently and totally disabled as estab-

lished by the sworn affidavit of a qualified physician.

(B) If a scholarship recipient is unable to comply with the re-

payment provision set forth in paragraph (1)(B)(ii) because of a

physical or emotional disability or for good cause as determined by

the Director, the Director may substitute community service in a

form prescribed by the Director for the required repayment.

participant who violates an agreement described in paragraph (1).

(e) D

EPENDENT

HILD

.—A dependent child of a law enforce-

ment officer—

(1) who is a member of a State or local police force or is

a Federal criminal investigator or uniformed police officer,

(2) who is not a participant in the Police Corps program,

but

(3) who serves in a State for which the Director has ap-

proved a Police Corps plan, and

(4) who is killed in the course of performing police duties,

shall be entitled to the scholarship assistance authorized in this

section for any course of study in any accredited institution of high-

er education. Such dependent child shall not incur any repayment

obligation in exchange for the scholarship assistance provided in

this section.

(f) A

PPLICATION

.—Each participant desiring a scholarship or

payment under this section shall submit an application as pre-

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273 Sec. 200107 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

scribed by the Director in such manner and accompanied by such

information as the Director may reasonably require.

SEC. 200107. ø34 U.S.C. 12556¿ SELECTION OF PARTICIPANTS.

(a) I

ENERAL

.—Participants in State Police Corps programs

shall be selected on a competitive basis by each State under regula-

tions prescribed by the Director.

(b) S

ELECTION

RITERIA AND

UALIFICATIONS

.—(1) In order to

participate in a State Police Corps program, a participant shall—

(A) be a citizen of the United States or an alien lawfully

admitted for permanent residence in the United States;

(B) meet the requirements for admission as a trainee of

the State or local police force to which the participant will be

assigned pursuant to section 200110(5), including achievement

of satisfactory scores on any applicable examination, except

that failure to meet the age requirement for a trainee of the

State or local police shall not disqualify the applicant if the ap-

plicant will be of sufficient age upon completing an under-

graduate course of study;

and emotional characteristics to discharge effectively the duties

of a law enforcement officer;

(D) be of good character and demonstrate sincere motiva-

tion and dedication to law enforcement and public service;

(E) in the case of an undergraduate, agree in writing that

the participant will complete an educational course of study

leading to the award of a baccalaureate degree and will then

accept an appointment and complete 4 years of service as an

officer in the State police or in a local police department within

the State;

(F) in the case of a participant desiring to undertake or

continue graduate study, agree in writing that the participant

will accept an appointment and complete 4 years of service as

an officer in the State police or in a local police department

within the State before undertaking or continuing graduate

study;

(G) contract, with the consent of the participant’s parent

or guardian if the participant is a minor, to serve for 4 years

as an officer in the State police or in a local police department,

if an appointment is offered; and

(H) except as provided in paragraph (2), be without pre-

vious law enforcement experience.

(2)(A) Until the date that is 5 years after the date of enactment

of this Act, up to 10 percent of the applicants accepted into the Po-

lice Corps program may be persons who—

(i) have had some law enforcement experience; and

(ii) have demonstrated special leadership potential and

dedication to law enforcement.

(B)(i) The prior period of law enforcement of a participant se-

lected pursuant to subparagraph (A) shall not be counted toward

satisfaction of the participant’s 4-year service obligation under sec-

tion 200109, and such a participant shall be subject to the same

benefits and obligations under this subtitle as other participants,

including those stated in section (b)(1) (E) and (F).

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274 Sec. 200108 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(ii) Clause (i) shall not be construed to preclude counting a par-

ticipant’s previous period of law enforcement experience for pur-

poses other than satisfaction of the requirements of section 200109,

such as for purposes of determining such a participant’s pay and

other benefits, rank, and tenure.

(3) It is the intent of this subtitle that there shall be no more

than 20,000 participants in each graduating class. The Director

shall approve State plans providing in the aggregate for such en-

rollment of applicants as shall assure, as nearly as possible, annual

graduating classes of 20,000. In a year in which applications are

received in a number greater than that which will produce, in the

judgment of the Director, a graduating class of more than 20,000,

the Director shall, in deciding which applications to grant, give

preference to those who will be participating in State plans that

provide law enforcement personnel to areas of greatest need.

ECRUITMENT OF

INORITIES

.—Each State participating in

the Police Corps program shall make special efforts to seek and re-

cruit applicants from among members of all racial, ethnic or gender

groups. This subsection does not authorize an exception from the

competitive standards for admission established pursuant to sub-

sections (a) and (b).

(d) E

NROLLMENT OF

PPLICANT

.—(1) An applicant shall be ac-

cepted into a State Police Corps program on the condition that the

applicant will be matriculated in, or accepted for admission at, a

4-year institution of higher education—

(A) as a full-time student in an undergraduate program; or

(B) for purposes of taking a graduate course.

(2) If the applicant is not matriculated or accepted as set forth

in paragraph (1), the applicant’s acceptance in the program shall

be revoked.

(e) L

EAVE OF

BSENCE

.—(1) A participant in a State Police

Corps program who requests a leave of absence from educational

study, training or service for a period not to exceed 1 year (or 18

months in the aggregate in the event of multiple requests) due to

temporary physical or emotional disability shall be granted such

leave of absence by the State.

(2) A participant who requests a leave of absence from edu-

cational study, training or service for a period not to exceed 1 year

(or 18 months in the aggregate in the event of multiple requests)

for any reason other than those listed in paragraph (1) may be

granted such leave of absence by the State.

(3) A participant who requests a leave of absence from edu-

cational study or training for a period not to exceed 30 months to

serve on an official church mission may be granted such leave of

absence.

(f) A

DMISSION OF

PPLICANTS

.—An applicant may be admitted

into a State Police Corps program either before commencement of

or during the applicant’s course of educational study.

SEC. 200108. ø34 U.S.C. 12557¿ POLICE CORPS TRAINING.

(a) I

ENERAL

.—(1) The Director shall establish programs of

training for Police Corps participants. Such programs may be car-

ried out at up to 3 training centers established for this purpose and

administered by the Director, or by contracting with existing State

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275 Sec. 200109 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

training facilities. The Director shall contract with a State training

facility upon request of such facility if the Director determines that

such facility offers a course of training substantially equivalent to

the Police Corps training program described in this subtitle.

(2) The Director may enter into contracts with individuals, in-

stitutions of learning, and government agencies (including State

and local police forces) to obtain the services of persons qualified

to participate in and contribute to the training process.

(3) The Director may enter into agreements with agencies of

the Federal Government to utilize on a reimbursable basis space in

Federal buildings and other resources.

(4) The Director may authorize such expenditures as are nec-

essary for the effective maintenance of the training centers, includ-

ing purchases of supplies, uniforms, and educational materials, and

the provision of subsistence, quarters, and medical care to partici-

pants.

(b) T

RAINING

ESSIONS

.—A participant in a State Police Corps

program shall attend up to 24 weeks, but no less than 16 weeks,

of training at a training center. The Director may approve training

conducted in not more than 3 separate sessions.

URTHER

RAINING

.—The Police Corps training authorized

in this section is intended to serve as basic law enforcement train-

ing but not to exclude further training of participants by the State

and local authorities to which they will be assigned. Each State

plan approved by the Director under section 10 shall include assur-

ances that following completion of a participant’s course of edu-

cation each participant shall receive appropriate additional train-

ing by the State or local authority to which the participant is as-

signed. The time spent by a participant in such additional training,

but not the time spent in Police Corps training, shall be counted

toward fulfillment of the participant’s 4-year service obligation.

(d) C

OURSE OF

RAINING

.—The training sessions at training

centers established under this section shall be designed to provide

basic law enforcement training, including vigorous physical and

mental training to teach participants self-discipline and organiza-

tional loyalty and to impart knowledge and understanding of legal

processes and law enforcement.

(e) E

VALUATION OF

ARTICIPANTS

.—A participant shall be eval-

uated during training for mental, physical, and emotional fitness,

and shall be required to meet performance standards prescribed by

the Director at the conclusion of each training session in order to

remain in the Police Corps program.

(f) S

TIPEND

.—The Director shall pay participants in training

sessions a stipend of $400 a week during training.

SEC. 200109. ø34 U.S.C. 12558¿ SERVICE OBLIGATION.

(a) S

WEARING

.—Upon satisfactory completion of the partici-

pant’s course of education and training program established in sec-

tion 200108 and meeting the requirements of the police force to

which the participant is assigned, a participant shall be sworn in

as a member of the police force to which the participant is assigned

pursuant to the State Police Corps plan, and shall serve for 4 years

as a member of that police force.

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276 Sec. 200110 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) R

IGHTS AND

ESPONSIBILITIES

.—A participant shall have all

of the rights and responsibilities of and shall be subject to all rules

and regulations applicable to other members of the police force of

which the participant is a member, including those contained in ap-

plicable agreements with labor organizations and those provided by

State and local law.

ISCIPLINE

.—If the police force of which the participant is

a member subjects the participant to discipline such as would pre-

clude the participant’s completing 4 years of service, and result in

denial of educational assistance under section 200106, the Director

may, upon a showing of good cause, permit the participant to com-

plete the service obligation in an equivalent alternative law en-

forcement service and, if such service is satisfactorily completed,

section 200106(d)(1)(B)(iii) shall not apply.

(d) L

AYOFFS

.—If the police force of which the participant is a

member lays off the participant such as would preclude the partici-

pant’s completing 4 years of service, and result in denial of edu-

cational assistance under section 200106, the Director may permit

the participant to complete the service obligation in an equivalent

alternative law enforcement service and, if such service is satisfac-

torily completed, section 200106(d)(1)(B)(iii) shall not apply.

SEC. 200110. ø34 U.S.C. 12559¿ STATE PLAN REQUIREMENTS.

A State Police Corps plan shall—

(1) provide for the screening and selection of participants

in accordance with the criteria set out in section 200107;

(2) state procedures governing the assignment of partici-

pants in the Police Corps program to State and local police

forces (except with permission of the Director, no more than 25

percent of all the participants assigned in each year by each

State to be assigned to a statewide police force or forces);

(3) provide that participants shall be assigned to those geo-

graphic areas in which—

(A) there is the greatest need for additional law en-

forcement personnel; and

(B) the participants will be used most effectively;

(4) provide that to the extent consistent with paragraph

(3), a participant shall be assigned to an area near the partici-

pant’s home or such other place as the participant may re-

quest;

(5) provide that to the extent feasible, a participant’s as-

signment shall be made at the time the participant is accepted

into the program, subject to change—

(A) prior to commencement of a participant’s fourth

year of undergraduate study, under such circumstances as

the plan may specify; and

(B) from commencement of a participant’s fourth year

of undergraduate study until completion of 4 years of po-

lice service by participant, only for compelling reasons or

to meet the needs of the State Police Corps program and

only with the consent of the participant;

(6) provide that no participant shall be assigned to serve

with a local police force—

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277 Sec. 200202 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) whose size has declined by more than 5 percent

since June 21, 1989; or

(B) which has members who have been laid off but not

retired;

(7) provide that participants shall be placed and to the ex-

tent feasible kept on community and preventive patrol;

(8) ensure that participants will receive effective training

and leadership;

(9) provide that the State may decline to offer a partici-

pant an appointment following completion of Federal training,

or may remove a participant from the Police Corps program at

any time, only for good cause (including failure to make satis-

factory progress in a course of educational study) and after fol-

lowing reasonable review procedures stated in the plan; and

(10) provide that a participant shall, while serving as a

member of a police force, be compensated at the same rate of

pay and benefits and enjoy the same rights under applicable

agreements with labor organizations and under State and local

law as other police officers of the same rank and tenure in the

police force of which the participant is a member.

ø§ 200111. Repealed. Pub. L. 107–273, title XI, § 11006(c)(4),

Nov. 2, 2002, 116 Stat. 1817¿

SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this sub-

title $50,000,000 for fiscal year 1999, $70,000,000 for fiscal year

2000, $90,000,000 for fiscal year 2001, and $90,000,000 for each of

fiscal years 2002 through 2005.

Subtitle B—Law Enforcement Scholarship

Program

SEC. 200201. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Law Enforcement Scholar-

ships and Recruitment Act’’.

SEC. 200202. ø34 U.S.C. 12571¿ DEFINITIONS.

In this subtitle—

‘‘Director’’ means the Director of the Office of the Police

Corps and Law Enforcement Education appointed under sec-

tion 200104.

‘‘educational expenses’’ means expenses that are directly

attributable to—

(A) a course of education leading to the award of an

associate degree;

(B) a course of education leading to the award of a

baccalaureate degree; or

baccalaureate degree,

including the cost of tuition, fees, books, supplies, and related

expenses.

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278 Sec. 200203 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘institution of higher education’’ has the meaning stated in

the first sentence of section 101 of the Higher Education Act

of 1965.

‘‘law enforcement position’’ means employment as an offi-

cer in a State or local police force, or correctional institution.

‘‘State’’ means a State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Is-

lands of the United States, American Samoa, Guam, and the

Commonwealth of the Northern Mariana Islands.

SEC. 200203. ø34 U.S.C. 12572¿ ALLOTMENT.

From amounts appropriated under section 200210, the Director

shall allot—

(1) 80 percent of such amounts to States on the basis of

the number of law enforcement officers in each State compared

to the number of law enforcement officers in all States; and

(2) 20 percent of such amounts to States on the basis of

the shortage of law enforcement personnel and the need for as-

sistance under this subtitle in the State compared to the short-

age of law enforcement personnel and the need for assistance

under this subtitle in all States.

SEC. 200204. ø34 U.S.C. 12573¿ ESTABLISHMENT OF PROGRAM.

(a) U

SE OF

LLOTMENT

.—

(1) I

N GENERAL

.—A State that receives an allotment pur-

suant to section 200203 shall use the allotment to pay the Fed-

eral share of the costs of—

(A) awarding scholarships to in-service law enforce-

ment personnel to enable such personnel to seek further

education; and

(B) providing—

(i) full-time employment in summer; or

(ii) part-time (not to exceed 20 hours per week)

employment for a period not to exceed 1 year.

(2) E

MPLOYMENT

.—The employment described in para-

graph (1)(B)—

(A) shall be provided by State and local law enforce-

ment agencies for students who are juniors or seniors in

high school or are enrolled in an institution of higher edu-

cation and who demonstrate an interest in undertaking a

career in law enforcement;

(B) shall not be in a law enforcement position; and

inform students of the nature of the tasks performed by

law enforcement agencies.

(b) P

AYMENTS

; F

EDERAL

HARE

; N

-F

EDERAL

HARE

.—

(1) P

AYMENTS

.—Subject to the availability of appropria-

tions, the Director shall pay to each State that receives an al-

lotment under section 200203 the Federal share of the cost of

the activities described in the application submitted pursuant

to section 200203.

(2) F

EDERAL SHARE

.—The Federal share shall not exceed

60 percent.

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279 Sec. 200207 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) N

FEDERAL SHARE

.—The non-Federal share of the

cost of scholarships and student employment provided under

this subtitle shall be supplied from sources other than the Fed-

eral Government.

ESPONSIBILITIES OF

IRECTOR

.—The Director shall be re-

sponsible for the administration of the programs conducted pursu-

ant to this subtitle and shall, in consultation with the Assistant

Secretary for Postsecondary Education, issue rules to implement

this subtitle.

(d) A

DMINISTRATIVE

XPENSES

.—A State that receives an allot-

ment under section 200203 may reserve not more than 8 percent

of the allotment for administrative expenses.

(e) S

PECIAL

ULE

.—A State that receives an allotment under

section 200203 shall ensure that each scholarship recipient under

this subtitle be compensated at the same rate of pay and benefits

and enjoy the same rights under applicable agreements with labor

organizations and under State and local law as other law enforce-

ment personnel of the same rank and tenure in the office of which

the scholarship recipient is a member.

(f) S

UPPLEMENTATION OF

UNDING

.—Funds received under this

subtitle shall only be used to supplement, and not to supplant, Fed-

eral, State, or local efforts for recruitment and education of law en-

forcement personnel.

SEC. 200205. ø34 U.S.C. 12574¿ SCHOLARSHIPS.

(a) P

ERIOD OF

WARD

.—Scholarships awarded under this sub-

title shall be for a period of 1 academic year.

(b) U

SE OF

CHOLARSHIPS

.—Each individual awarded a schol-

arship under this subtitle may use the scholarship for educational

expenses at an institution of higher education.

SEC. 200206. ø34 U.S.C. 12575¿ ELIGIBILITY.

(a) S

CHOLARSHIPS

.—A person shall be eligible to receive a

scholarship under this subtitle if the person has been employed in

law enforcement for the 2-year period immediately preceding the

date on which assistance is sought.

(b) I

NELIGIBILITY FOR

TUDENT

MPLOYMENT

.—A person who

has been employed as a law enforcement officer is ineligible to par-

ticipate in a student employment program carried out under this

subtitle.

SEC. 200207. ø34 U.S.C. 12576¿ STATE APPLICATION.

(a) I

ENERAL

.—Each State desiring an allotment under sec-

tion 200203 shall submit an application to the Director at such

time, in such manner, and accompanied by such information as the

Director may reasonably require.

(b) C

ONTENTS

.—An application under subsection (a) shall—

(1) describe the scholarship program and the student em-

ployment program for which assistance under this subtitle is

sought;

(2) contain assurances that the lead agency will work in

cooperation with the local law enforcement liaisons, represent-

atives of police labor organizations and police management or-

ganizations, and other appropriate State and local agencies to

develop and implement interagency agreements designed to

carry out this subtitle;

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280 Sec. 200208 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) contain assurances that the State will advertise the

scholarship assistance and student employment it will provide

under this subtitle and that the State will use such programs

to enhance recruitment efforts;

(4) contain assurances that the State will screen and select

law enforcement personnel for participation in the scholarship

program under this subtitle;

(5) contain assurances that under such student employ-

ment program the State will screen and select, for participa-

tion in such program, students who have an interest in under-

taking a career in law enforcement;

(6) contain assurances that under such scholarship pro-

gram the State will make scholarship payments to institutions

of higher education on behalf of persons who receive scholar-

ships under this subtitle;

(7) with respect to such student employment program,

identify—

(A) the employment tasks that students will be as-

signed to perform;

(B) the compensation that students will be paid to per-

form such tasks; and

their participation in the program;

(8) identify model curriculum and existing programs de-

signed to meet the educational and professional needs of law

enforcement personnel; and

(9) contain assurances that the State will promote coopera-

tive agreements with educational and law enforcement agen-

cies to enhance law enforcement personnel recruitment efforts

in institutions of higher education.

SEC. 200208. ø34 U.S.C. 12577¿ LOCAL APPLICATION.

(a) I

ENERAL

.—A person who desires a scholarship or em-

ployment under this subtitle shall submit an application to the

State at such time, in such manner, and accompanied by such in-

formation as the State may reasonably require.

(b) C

ONTENTS

.—An application under subsection (a) shall de-

scribe—

(1) the academic courses for which a scholarship is sought;

(2) the location and duration of employment that is sought.

RIORITY

.—In awarding scholarships and providing student

employment under this subtitle, each State shall give priority to

applications from persons who are—

(1) members of racial, ethnic, or gender groups whose rep-

resentation in the law enforcement agencies within the State

is substantially less than in the population eligible for employ-

ment in law enforcement in the State;

(2) pursuing an undergraduate degree; and

(3) not receiving financial assistance under the Higher

Education Act of 1965.

SEC. 200209. ø34 U.S.C. 12578¿ SCHOLARSHIP AGREEMENT.

(a) I

ENERAL

.—A person who receives a scholarship under

this subtitle shall enter into an agreement with the Director.

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281 Sec. 200210 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) C

ONTENTS

.—An agreement described in subsection (a)

shall—

(1) provide assurances that the scholarship recipient will

work in a law enforcement position in the State that awarded

the scholarship in accordance with the service obligation de-

scribed in subsection (c) after completion of the scholarship re-

cipient’s academic courses leading to an associate, bachelor, or

graduate degree;

(2) provide assurances that the scholarship recipient will

repay the entire scholarship in accordance with such terms and

conditions as the Director shall prescribe if the requirements

of the agreement are not complied with, unless the scholarship

recipient—

(A) dies;

(B) becomes physically or emotionally disabled, as es-

tablished by the sworn affidavit of a qualified physician; or

(3) set forth the terms and conditions under which the

scholarship recipient may seek employment in the field of law

enforcement in a State other than the State that awarded the

scholarship.

ERVICE

BLIGATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), a

person who receives a scholarship under this subtitle shall

work in a law enforcement position in the State that awarded

the scholarship for a period of 1 month for each credit hour for

which funds are received under the scholarship.

(2) S

PECIAL RULE

.—For purposes of satisfying the require-

ment of paragraph (1), a scholarship recipient shall work in a

law enforcement position in the State that awarded the schol-

arship for not less than 6 months but shall not be required to

work in such a position for more than 2 years.

SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.

(a) G

ENERAL

UTHORIZATION OF

PPROPRIATIONS

.—There are

authorized to be appropriated to carry out this subtitle—

(1) $20,000,000 for fiscal year 1996;

(2) $20,000,000 for fiscal year 1997;

(3) $20,000,000 for fiscal year 1998;

(4) $20,000,000 for fiscal year 1999; and

(5) $20,000,000 for fiscal year 2000.

(b) U

SES OF

UNDS

.—Of the funds appropriated under sub-

section (a) for a fiscal year—

(1) 80 percent shall be available to provide scholarships de-

scribed in section 200204(a)(1)(A); and

(2) 20 percent shall be available to provide employment de-

scribed in sections 200204(a)(1)(B) and 200204(a)(2).

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As Amended Through P.L. 117-315, Enacted December 27, 2022

282 Sec. 210101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

TITLE XXI—STATE AND LOCAL LAW

ENFORCEMENT

Subtitle A—Byrne Program

SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.

There is authorized to be appropriated for fiscal years 1995

through 2000 such sums as may be necessary to carry out the pro-

grams under parts D and E of title I of the Omnibus Crime Control

and Safe Streets Act of 1968, of which the following amounts may

be appropriated from the Violent Crime Reduction Trust Fund:

(1) $580,000,000 for fiscal year 1995;

(2) $130,000,000 for fiscal year 1996;

(3) $100,000,000 for fiscal year 1997;

(4) $75,000,000 for fiscal year 1998;

(5) $70,000,000 for fiscal year 1999; and

(6) $45,000,000 for fiscal year 2000.

Subtitle B—Law Enforcement Family

Support

SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.

(a) I

ENERAL

.—Title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by

section 50001(a), is amended—

(1) by redesignating part W as part X;

(2) by redesignating section 2301 as 2401; and

(3) by inserting after part V the following new part:

‘‘PART W—FAMILY SUPPORT

‘‘SEC. 2301. DUTIES.

‘‘The Attorney General shall—

‘‘(1) establish guidelines and oversee the implementation of

family-friendly policies within law enforcement-related offices

and divisions in the Department of Justice;

‘‘(2) study the effects of stress on law enforcement per-

sonnel and family well-being and disseminate the findings of

such studies to Federal, State, and local law enforcement agen-

cies, related organizations, and other interested parties;

‘‘(3) identify and evaluate model programs that provide

support services to law enforcement personnel and families;

‘‘(4) provide technical assistance and training programs to

develop stress reduction and family support to State and local

law enforcement agencies;

‘‘(5) collect and disseminate information regarding family

support, stress reduction, and psychological services to Federal,

State, and local law enforcement agencies, law enforcement-re-

lated organizations, and other interested entities; and

‘‘(6) determine issues to be researched by the Department

of Justice and by grant recipients.

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‘‘SEC. 2302. GENERAL AUTHORIZATION.

‘‘The Attorney General may make grants to States and local

law enforcement agencies and to organizations representing State

or local law enforcement personnel to provide family support serv-

ices to law enforcement personnel.

‘‘SEC. 2303. USES OF FUNDS.

‘‘(a) I

ENERAL

.—A State or local law enforcement agency or

organization that receives a grant under this Act shall use amounts

provided under the grant to establish or improve training and sup-

port programs for law enforcement personnel.

‘‘(b) R

EQUIRED

CTIVITIES

.—A law enforcement agency or orga-

nization that receives funds under this part shall provide at least

one of the following services:

‘‘(1) Counseling for law enforcement family members.

‘‘(2) Child care on a 24-hour basis.

‘‘(3) Marital and adolescent support groups.

‘‘(4) Stress reduction programs.

‘‘(5) Stress education for law enforcement recruits and fam-

ilies.

‘‘(6) Technical assistance and training programs to support

any or all of the services described in paragraphs (1), (2), (3),

(4), and (5).

‘‘(c) O

PTIONAL

CTIVITIES

.—A law enforcement agency or orga-

nization that receives funds under this part may provide the fol-

lowing services:

‘‘(1) Post-shooting debriefing for officers and their spouses.

‘‘(2) Group therapy.

‘‘(3) Hypertension clinics.

‘‘(4) Critical incident response on a 24-hour basis.

‘‘(5) Law enforcement family crisis telephone services on a

24-hour basis.

‘‘(6) Counseling for law enforcement personnel exposed to

the human immunodeficiency virus.

‘‘(7) Counseling for peers.

‘‘(8) Counseling for families of personnel killed in the line

of duty.

‘‘(9) Seminars regarding alcohol, drug use, gambling, and

overeating.

‘‘(10) Technical assistance and training to support any or

all of the services described in paragraphs (1), (2), (3), (4), (5),

(6), (7), (8), and (9).

‘‘SEC. 2304. APPLICATIONS.

‘‘A law enforcement agency or organization desiring to receive

a grant under this part shall submit to the Attorney General an

application at such time, in such manner, and containing or accom-

panied by such information as the Attorney General may reason-

ably require. Such application shall—

‘‘(1) certify that the law enforcement agency shall match

all Federal funds with an equal amount of cash or in-kind

goods or services from other non-Federal sources;

‘‘(2) include a statement from the highest ranking law en-

forcement official from the State or locality or from the highest

ranking official from the organization applying for the grant

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284 Sec. 210201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

that attests to the need and intended use of services to be pro-

vided with grant funds; and

‘‘(3) assure that the Attorney General or the Comptroller

General of the United States shall have access to all records

related to the receipt and use of grant funds received under

this part.

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

‘‘(a) G

RANT

ISTRIBUTION

.—In approving grants under this

part, the Attorney General shall assure an equitable distribution of

assistance among the States, among urban and rural areas of the

United States, and among urban and rural areas of a State.

‘‘(b) D

URATION

.—The Attorney General may award a grant

each fiscal year, not to exceed $100,000 to a State or local law en-

forcement agency or $250,000 to a law enforcement organization for

a period not to exceed 5 years. In any application from a State or

local law enforcement agency or organization for a grant to con-

tinue a program for the second, third, fourth, or fifth fiscal year fol-

lowing the first fiscal year in which a grant was awarded to such

agency, the Attorney General shall review the progress made to-

ward meeting the objectives of the program. The Attorney General

may refuse to award a grant if the Attorney General finds suffi-

cient progress has not been made toward meeting such objectives,

but only after affording the applicant notice and an opportunity for

reconsideration.

‘‘(c) L

IMITATION

.—Not more than 5 percent of grant funds re-

ceived by a State or a local law enforcement agency or organization

may be used for administrative purposes.

‘‘SEC. 2306. DISCRETIONARY RESEARCH GRANTS.

‘‘The Attorney General may reserve 10 percent of funds to

award research grants to a State or local law enforcement agency

or organization to study issues of importance in the law enforce-

ment field as determined by the Attorney General.

‘‘SEC. 2307. REPORTS.

‘‘A State or local law enforcement agency or organization that

receives a grant under this part shall submit to the Attorney Gen-

eral an annual report that includes—

‘‘(1) program descriptions;

‘‘(2) the number of staff employed to administer programs;

‘‘(3) the number of individuals who participated in pro-

grams; and

‘‘(4) an evaluation of the effectiveness of grant programs.

‘‘SEC. 2308. DEFINITIONS.

‘‘For purposes of this part—

‘‘(1) the term ‘family-friendly policy’ means a policy to pro-

mote or improve the morale and well being of law enforcement

personnel and their families; and

‘‘(2) the term ‘law enforcement personnel’ means individ-

uals employed by Federal, State, and local law enforcement

agencies.’’.

(b) T

ECHNICAL

MENDMENT

.—The table of contents of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3711 et seq.), as amended by section 50001(b), is amended

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285 Sec. 210302 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

by striking the matter relating to part V and inserting the fol-

lowing:

‘‘P

ART

W—F

AMILY

UPPORT

‘‘Sec. 2301. Duties.

‘‘Sec. 2302. General authorization.

‘‘Sec. 2303. Uses of funds.

‘‘Sec. 2304. Applications.

‘‘Sec. 2305. Award of grants; limitation.

‘‘Sec. 2306. Discretionary research grants.

‘‘Sec. 2307. Reports.

‘‘Sec. 2308. Definitions.

‘‘P

ART

V—T

RANSITION

-E

FFECTIVE

ATE

-R

EPEALS

‘‘Sec. 2301. Continuation of rules, authorities, and privileges.’’.

UTHORIZATION OF

PPROPRIATIONS

.—Section 1001(a) of the

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3711 et seq.), as amended by section 50001(c), is amended—

(1) in paragraph (3) by striking ‘‘and V’’ and inserting ‘‘V,

and W’’; and

(2) by adding at the end the following new paragraph:

‘‘(21) There are authorized to be appropriated to carry out part

W—

‘‘(1) $2,500,000 for fiscal year 1996;

‘‘(2) $4,000,000 for fiscal year 1997;

‘‘(3) $5,000,000 for fiscal year 1998;

‘‘(4) $6,000,000 for fiscal year 1999; and

‘‘(5) $7,500,000 for fiscal year 2000.’’.

Subtitle C—DNA Identification

SEC. 210301. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘DNA Identification Act of

1994’’.

SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY

OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICA-

TION PURPOSES.

(a) D

RUG

ONTROL AND

YSTEM

MPROVEMENT

RANT

GRAM

.—Section 501(b) of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by section

150003, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (23);

(2) by striking the period at the end of paragraph (24) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(25) developing or improving in a forensic laboratory a ca-

pability to analyze deoxyribonucleic acid (hereinafter in this

title referred to as ‘DNA’) for identification purposes.’’.

(b) S

TATE

PPLICATIONS

.—Section 503(a) of title I of the Omni-

bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a))

is amended by adding at the end the following new paragraph:

‘‘(12) If any part of funds received from a grant made

under this part is to be used to develop or improve a DNA

analysis capability in a forensic laboratory, a certification

that—

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‘‘(A) DNA analyses performed at such laboratory will

satisfy or exceed then current standards for a quality as-

surance program for DNA analysis, issued by the Director

of the Federal Bureau of Investigation under section

210303 of the DNA Identification Act of 1994;

‘‘(B) DNA samples obtained by, and DNA analyses per-

formed at, such laboratory will be accessible only—

‘‘(i) to criminal justice agencies for law enforce-

ment identification purposes;

‘‘(ii) in judicial proceedings, if otherwise admis-

sible pursuant to applicable statutes or rules;

‘‘(iii) for criminal defense purposes, to a defendant,

who shall have access to samples and analyses per-

formed in connection with the case in which such de-

fendant is charged; or

‘‘(iv) if personally identifiable information is re-

moved, for a population statistics database, for identi-

fication research and protocol development purposes,

or for quality control purposes; and

‘‘(C) such laboratory, and each analyst performing

DNA analyses at such laboratory, will undergo, at regular

intervals of not to exceed 180 days, external proficiency

testing by a DNA proficiency testing program meeting the

standards issued under section 210303 of the DNA Identi-

fication Act of 1994.’’.

DENTIFICATION

RANTS

.—

(1) I

N GENERAL

.—Title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as

amended by section 210201(a), is amended—

(A) by redesignating part X as part Y;

(B) by redesignating section 2401 as section 2501; and

‘‘PART X—DNA IDENTIFICATION GRANTS

‘‘SEC. 2401. GRANT AUTHORIZATION.

‘‘The Attorney General may make funds available under this

part to States and units of local government, or combinations

thereof, to carry out all or a substantial part of a program or

project intended to develop or improve the capability to analyze

deoxyribonucleic acid (referred to in this part as ‘DNA’) in a foren-

sic laboratory.

‘‘SEC. 2402. APPLICATIONS.

‘‘To request a grant under this part, the chief executive officer

of a State or unit of local government shall submit an application

in such form as the Attorney General may require.

‘‘SEC. 2403. APPLICATION REQUIREMENTS.

‘‘No grant may be made under this part unless an application

has been submitted to the Attorney General in which the applicant

certifies that—

‘‘(1) DNA analyses performed at the laboratory will satisfy

or exceed then current standards for a quality assurance pro-

gram for DNA analysis issued by the Director of the Federal

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Bureau of Investigation under section 210303 of the DNA Iden-

tification Act of 1994.

‘‘(2) DNA samples obtained by and DNA analyses per-

formed at the laboratory shall be made available only—

‘‘(A) to criminal justice agencies for law enforcement

identification purposes;

‘‘(B) in judicial proceedings, if otherwise admissible

pursuant to applicable statutes or rules;

‘‘(C) for criminal defense purposes, to a defendant, who

shall have access to samples and analyses performed in

connection with the case in which the defendant is

charged; or

‘‘(D) if personally identifiable information is removed,

for a population statistics database, for identification re-

search and protocol development purposes, or for quality

control purposes; and

‘‘(3) the laboratory and each analyst performing DNA anal-

yses at the laboratory shall undergo, at regular intervals not

exceeding 180 days, external proficiency testing by a DNA pro-

ficiency testing program that meets the standards issued under

section 210303 of the DNA Identification Act of 1994.

‘‘SEC. 2404. ADMINISTRATIVE PROVISIONS.

‘‘(a) R

EGULATION

UTHORITY

.—The Attorney General may pro-

mulgate guidelines, regulations, and procedures, as necessary to

carry out the purposes of this part, including limitations on the

number of awards made during each fiscal year, the submission

and review of applications, selection criteria, and the extension or

continuation of awards.

‘‘(b) A

WARD

UTHORITY

.—The Attorney General shall have

final authority over all funds awarded under this part.

‘‘(c) T

ECHNICAL

SSISTANCE

.—To assist and measure the effec-

tiveness and performance of programs and activities funded under

this part, the Attorney General may provide technical assistance as

required.

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

‘‘(a) F

EDERAL

HARE

.—The Federal share of a grant, contract,

or cooperative agreement made under this part may not exceed 75

percent of the total costs of the project described in the application

submitted for the fiscal year for which the project receives assist-

ance.

‘‘(b) A

DMINISTRATIVE

OSTS

.—A State or unit of local govern-

ment may not use more than 10 percent of the funds it receives

from this part for administrative expenses.

‘‘SEC. 2406. REPORTS.

‘‘(a) R

EPORTS TO

TTORNEY

ENERAL

.—Each State or unit of

local government which receives a grant under this part shall sub-

mit to the Attorney General, for each year in which funds from a

grant received under this part is expended, a report at such time

and in such manner as the Attorney General may reasonably re-

quire which contains—

‘‘(1) a summary of the activities carried out under the

grant and an assessment of whether such activities are meet-

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288 Sec. 210302 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ing the needs identified in the application submitted under sec-

tion 2402; and

‘‘(2) such other information as the Attorney General may

require.

‘‘(b) R

EPORTS TO

ONGRESS

.—Not later than 90 days after the

end of each fiscal year for which grants are made under this part,

the Attorney General shall submit to the Speaker of the House of

Representatives and the President pro tempore of the Senate, a re-

port that includes—

‘‘(1) the aggregate amount of grants made under this part

to each State or unit of local government for such fiscal year;

and

‘‘(2) a summary of the information provided in compliance

with subsection (a)(1).

‘‘SEC. 2407. EXPENDITURE RECORDS.

‘‘(a) R

ECORDS

.—Each State or unit of local government which

receives a grant under this part shall keep records as the Attorney

General may require to facilitate an effective audit.

‘‘(b) A

CCESS

.—The Attorney General, the Comptroller General,

or their designated agents shall have access, for the purpose of

audit and examination, to any books, documents, and records of

States and units of local government which receive grants made

under this part if, in the opinion of the Attorney General, the

Comptroller General, or their designated agents, such books, docu-

ments, and records are related to the receipt or use of any such

grant.’’.

(2) T

ABLE OF CONTENTS

.—The table of contents of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3711 et seq.), as amended by section 210201(b), is

amended by striking the matter relating to part X and insert-

ing the following:

‘‘P

ART

X—DNA I

DENTIFICATION

RANTS

‘‘Sec. 2401. Grant authorization.

‘‘Sec. 2402. Applications.

‘‘Sec. 2403. Application requirements.

‘‘Sec. 2404. Administrative provisions.

‘‘Sec. 2405. Restrictions on use of funds.

‘‘Sec. 2406. Reports.

‘‘Sec. 2407. Expenditure records.

‘‘P

ART

Y—T

RANSITION

-E

FFECTIVE

ATE

-R

EPEALER

‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.

(3) A

UTHORIZATION OF APPROPRIATIONS

.—Section 1001 of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3793), as amended by section 210201(c), is amended—

(A) in paragraph (3) by striking ‘‘and W’’ and inserting

‘‘W, and X’’; and

(B) adding at the end the following new paragraph:

‘‘(22) There are authorized to be appropriated to carry out part

X—

‘‘(1) $1,000,000 for fiscal year 1996;

‘‘(2) $3,000,000 for fiscal year 1997;

‘‘(3) $5,000,000 for fiscal year 1998;

‘‘(4) $13,500,000 for fiscal year 1999; and

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289 Sec. 210303 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Margin for paragraph (5) is so in law.

‘‘(5) $17,500,000 for fiscal year 2000.’’.

(4) ø34 U.S.C. 10511 note¿ E

FFECTIVE DATE

.—The amend-

ments made by this section shall take effect on the date that

is 60 days after the date of enactment of this Act.

SEC. 210303. ø34 U.S.C. 12591¿ QUALITY ASSURANCE AND PROFICIENCY

TESTING STANDARDS.

(a) P

UBLICATION OF

UALITY

SSURANCE AND

ROFICIENCY

ESTING

TANDARDS

.—(1)(A) Not later than 180 days after the date

of enactment of this Act, the Director of the Federal Bureau of In-

vestigation shall appoint an advisory board on DNA quality assur-

ance methods from among nominations proposed by the head of the

National Academy of Sciences and professional societies of crime

laboratory officials.

(B) The advisory board shall include as members scientists

from State, local, and private forensic laboratories, molecular ge-

neticists and population geneticists not affiliated with a forensic

laboratory, and a representative from the National Institute of

Standards and Technology.

odically revise, recommended standards for quality assurance, in-

cluding standards for testing the proficiency of forensic labora-

tories, and forensic analysts, in conducting analyses of DNA.

(2) The Director of the Federal Bureau of Investigation, after

taking into consideration such recommended standards, shall issue

(and revise from time to time) standards for quality assurance, in-

cluding standards for testing the proficiency of forensic labora-

tories, and forensic analysts, in conducting analyses of DNA.

(3) The standards described in paragraphs (1) and (2) shall

specify criteria for quality assurance and proficiency tests to be ap-

plied to the various types of DNA analyses used by forensic labora-

tories. The standards shall also include a system for grading pro-

ficiency testing performance to determine whether a laboratory is

performing acceptably.

(4) Until such time as the advisory board has made rec-

ommendations to the Director of the Federal Bureau of Investiga-

tion and the Director has acted upon those recommendations, the

quality assurance guidelines adopted by the technical working

group on DNA analysis methods shall be deemed the Director’s

standards for purposes of this section.

(5)

(A) In addition to issuing standards as provided in

paragraphs (1) through (4), the Director of the Federal Bureau

of Investigation shall issue standards and procedures for the

use of Rapid DNA instruments and resulting DNA analyses.

(B) In this Act, the term ‘‘Rapid DNA instruments’’ means

instrumentation that carries out a fully automated process to

derive a DNA analysis from a DNA sample.

(b) A

DMINISTRATION OF THE

DVISORY

OARD

.—(1) For admin-

istrative purposes, the advisory board appointed under subsection

(a) shall be considered an advisory board to the Director of the Fed-

eral Bureau of Investigation.

(2) Section 1013 of title 5, United States Code, shall not apply

with respect to the advisory board appointed under subsection (a).

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(3) The DNA advisory board established under this section

shall be separate and distinct from any other advisory board ad-

ministered by the FBI, and is to be administered separately.

(4) The board shall cease to exist on the date 5 years after the

initial appointments are made to the board, unless the existence of

the board is extended by the Director of the Federal Bureau of In-

vestigation.

ROFICIENCY

ESTING

ROGRAM

.—(1) Not later than 1 year

after the effective date of this Act, the Director of the National In-

stitute of Justice shall certify to the Committees on the Judiciary

of the House and Senate that—

(A) the Institute has entered into a contract with, or made

a grant to, an appropriate entity for establishing, or has taken

other appropriate action to ensure that there is established,

not later than 2 years after the date of enactment of this Act,

a blind external proficiency testing program for DNA analyses,

which shall be available to public and private laboratories per-

forming forensic DNA analyses;

(B) a blind external proficiency testing program for DNA

analyses is already readily available to public and private lab-

oratories performing forensic DNA analyses; or

forensic analyses.

(2) As used in this subsection, the term ‘‘blind external pro-

ficiency test’’ means a test that is presented to a forensic laboratory

through a second agency and appears to the analysts to involve

routine evidence.

(3) Notwithstanding any other provision of law, the Attorney

General shall make available to the Director of the National Insti-

tute of Justice during the first fiscal year in which funds are dis-

tributed under this subtitle up to $250,000 from the funds avail-

able under part X of Title I of the Omnibus Crime Control and Safe

Streets Act of 1968 to carry out this subsection.

SEC. 210304. ø34 U.S.C. 12592¿ INDEX TO FACILITATE LAW ENFORCE-

MENT EXCHANGE OF DNA IDENTIFICATION INFORMA-

TION.

(a) E

STABLISHMENT OF

NDEX

.—The Director of the Federal Bu-

reau of Investigation may establish an index of—

(1) DNA identification records of—

(A) persons convicted of crimes;

(B) persons who have been charged in an indictment

or information with a crime; and

under applicable legal authorities, provided that DNA

samples that are voluntarily submitted solely for elimi-

nation purposes shall not be included in the National DNA

Index System;

(2) analyses of DNA samples recovered from crime scenes;

(3) analyses of DNA samples recovered from unidentified

human remains; and

(4) analyses of DNA samples voluntarily contributed from

relatives of missing persons.

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(b) I

NFORMATION

.—The index described in subsection (a) shall

include only information on DNA identification records and DNA

analyses that are—

(1) based on analyses performed by or on behalf of a crimi-

nal justice agency (or the Secretary of Defense in accordance

with section 1565 of title 10, United States Code) in accordance

with publicly available standards that satisfy or exceed the

guidelines for a quality assurance program for DNA analysis,

issued by the Director of the Federal Bureau of Investigation

under section 210303;

(2) prepared by—

(A) laboratories that—

(i) have been accredited by a nonprofit profes-

sional association of persons actively involved in foren-

sic science that is nationally recognized within the fo-

rensic science community; and

(ii) undergo external audits, not less than once

every 2 years, that demonstrate compliance with

standards established by the Director of the Federal

Bureau of Investigation; or

(B) criminal justice agencies using Rapid DNA instru-

ments approved by the Director of the Federal Bureau of

Investigation in compliance with the standards and proce-

dures issued by the Director under section 210303(a)(5);

and

(3) maintained by Federal, State, and local criminal justice

agencies (or the Secretary of Defense in accordance with sec-

tion 1565 of title 10, United States Code) pursuant to rules

that allow disclosure of stored DNA samples and DNA anal-

yses only—

(A) to criminal justice agencies for law enforcement

identification purposes;

(B) in judicial proceedings, if otherwise admissible

pursuant to applicable statutes or rules;

shall have access to samples and analyses performed in

connection with the case in which such defendant is

charged; or

(D) if personally identifiable information is removed,

for a population statistics database, for identification re-

search and protocol development purposes, or for quality

control purposes.

AILURE

OMPLY

.—Access to the index established by

this section is subject to cancellation if the quality control and pri-

vacy requirements described in subsection (b) are not met.

(d) E

XPUNGEMENT OF

ECORDS

.—

(1) B

Y DIRECTOR

.—

(A) The Director of the Federal Bureau of Investiga-

tion shall promptly expunge from the index described in

subsection (a) the DNA analysis of a person included in

the index—

(i) on the basis of conviction for a qualifying Fed-

eral offense or a qualifying District of Columbia of-

fense (as determined under sections 3 and 4 of the

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As Amended Through P.L. 117-315, Enacted December 27, 2022

292 Sec. 210305 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

DNA Analysis Backlog Elimination Act of 2000 (42

U.S.C. 14135a, 14135b), respectively), if the Director

receives, for each conviction of the person of a quali-

fying offense, a certified copy of a final court order es-

tablishing that such conviction has been overturned;

(ii) on the basis of an arrest under the authority

of the United States, if the Attorney General receives,

for each charge against the person on the basis of

which the analysis was or could have been included in

the index, a certified copy of a final court order estab-

lishing that such charge has been dismissed or has re-

sulted in an acquittal or that no charge was filed with-

in the applicable time period.

(B) For purposes of subparagraph (A), the term ‘‘qualifying

offense’’ means any of the following offenses:

(i) A qualifying Federal offense, as determined under

section 3 of the DNA Analysis Backlog Elimination Act of

2000.

(ii) A qualifying District of Columbia offense, as deter-

mined under section 4 of the DNA Analysis Backlog Elimi-

nation Act of 2000.

(iii) A qualifying military offense, as determined under

section 1565 of title 10, United States Code.

‘‘final’’ if time remains for an appeal or application for discre-

tionary review with respect to the order.

(2) B

Y STATES

.—(A) As a condition of access to the index

described in subsection (a), a State shall promptly expunge

from that index the DNA analysis of a person included in the

index by that State if—

(i) the responsible agency or official of that State re-

ceives, for each conviction of the person of an offense on

the basis of which that analysis was or could have been in-

cluded in the index, a certified copy of a final court order

establishing that such conviction has been overturned; or

(ii) the person has not been convicted of an offense on

the basis of which that analysis was or could have been in-

cluded in the index, and the responsible agency or official

of that State receives, for each charge against the person

on the basis of which the analysis was or could have been

included in the index, a certified copy of a final court order

establishing that such charge has been dismissed or has

resulted in an acquittal or that no charge was filed within

the applicable time period.

(B) For purposes of subparagraph (A), a court order is not

‘‘final’’ if time remains for an appeal or application for discre-

tionary review with respect to the order.

SEC. 210305. ø34 U.S.C. 12593¿ FEDERAL BUREAU OF INVESTIGATION.

(a) P

ROFICIENCY

ESTING

EQUIREMENTS

.—

(1) G

ENERALLY

.—(A) Personnel at the Federal Bureau of

Investigation who perform DNA analyses shall undergo semi-

annual external proficiency testing by a DNA proficiency test-

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As Amended Through P.L. 117-315, Enacted December 27, 2022

293 Sec. 210306 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ing program meeting the standards issued under section

210303.

(B) Within 1 year after the date of enactment of this Act,

the Director of the Federal Bureau of Investigation shall ar-

range for periodic blind external tests to determine the pro-

ficiency of DNA analysis performed at the Federal Bureau of

Investigation laboratory.

that is presented to the laboratory through a second agency

and appears to the analysts to involve routine evidence.

(2) R

EPORT

.—For 5 years after the date of enactment of

this Act, the Director of the Federal Bureau of Investigation

shall submit to the Committees on the Judiciary of the House

and Senate an annual report on the results of each of the tests

described in paragraph (1).

(b) P

RIVACY

ROTECTION

TANDARDS

.—

(1) G

ENERALLY

.—Except as provided in paragraph (2), the

results of DNA tests performed for a Federal law enforcement

agency for law enforcement purposes may be disclosed only—

(A) to criminal justice agencies for law enforcement

identification purposes;

(B) in judicial proceedings, if otherwise admissible

pursuant to applicable statues or rules; and

shall have access to samples and analyses performed in

connection with the case in which such defendant is

charged.

(2) E

XCEPTION

.—If personally identifiable information is

removed, test results may be disclosed for a population statis-

tics database, for identification research and protocol develop-

ment purposes, or for quality control purposes.

RIMINAL

ENALTY

.—(1) A person who—

(A) by virtue of employment or official position, has posses-

sion of, or access to, individually identifiable DNA information

indexed in a database created or maintained by any Federal

law enforcement agency; and

(B) knowingly discloses such information in any manner to

any person or agency not authorized to receive it,

shall be fined not more than $100,000.

(2) A person who, without authorization, knowingly obtains

DNA samples or individually identifiable DNA information indexed

in a database created or maintained by any Federal law enforce-

ment agency shall be fined not more than $250,000, or imprisoned

for a period of not more than one year, or both.

SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Federal Bureau

of Investigation to carry out sections 210303, 210304, and 210305—

(1) $5,500,000 for fiscal year 1996;

(2) $8,000,000 for fiscal year 1997;

(3) $8,000,000 for fiscal year 1998;

(4) $2,500,000 for fiscal year 1999; and

(5) $1,000,000 for fiscal year 2000.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

294 Sec. 210401 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Subtitle D—Police Pattern or Practice

SEC. 210401. ø34 U.S.C. 12601¿ CAUSE OF ACTION.

(a) U

NLAWFUL

ONDUCT

.—It shall be unlawful for any govern-

mental authority, or any agent thereof, or any person acting on be-

half of a governmental authority, to engage in a pattern or practice

of conduct by law enforcement officers or by officials or employees

of any governmental agency with responsibility for the administra-

tion of juvenile justice or the incarceration of juveniles that de-

prives persons of rights, privileges, or immunities secured or pro-

tected by the Constitution or laws of the United States.

(b) C

IVIL

CTION BY

TTORNEY

ENERAL

.—Whenever the At-

torney General has reasonable cause to believe that a violation of

paragraph (1) has occurred, the Attorney General, for or in the

name of the United States, may in a civil action obtain appropriate

equitable and declaratory relief to eliminate the pattern or practice.

SEC. 210402. ø34 U.S.C. 12602¿ DATA ON USE OF EXCESSIVE FORCE.

(a) A

TTORNEY

ENERAL

OLLECT

.—The Attorney General

shall, through appropriate means, acquire data about the use of ex-

cessive force by law enforcement officers.

(b) L

IMITATION ON

SE OF

ATA

.—Data acquired under this

section shall be used only for research or statistical purposes and

may not contain any information that may reveal the identity of

the victim or any law enforcement officer.

NNUAL

UMMARY

.—The Attorney General shall publish an

annual summary of the data acquired under this section.

øSubtitle E was repealed by section 1154(b)(3) of Public Law

109–162¿

øSubtitle F was repealed by section 1154(b)(4) of Public Law

109–162¿

TITLE XXII—MOTOR VEHICLE THEFT

PREVENTION

SEC. 220001. ø34 U.S.C. 10101 note¿ SHORT TITLE.

This title may be cited as the ‘‘Motor Vehicle Theft Prevention

Act’’.

SEC. 220002. ø34 U.S.C. 12611¿ MOTOR VEHICLE THEFT PREVENTION

PROGRAM.

(a) I

ENERAL

.—Not later than 180 days after the date of en-

actment of this section, the Attorney General shall develop, in co-

operation with the States, a national voluntary motor vehicle theft

prevention program (in this section referred to as the ‘‘program’’)

under which—

(1) the owner of a motor vehicle may voluntarily sign a

consent form with a participating State or locality in which the

motor vehicle owner—

(A) states that the vehicle is not normally operated

under certain specified conditions; and

(B) agrees to—

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295 Sec. 220002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(i) display program decals or devices on the own-

er’s vehicle; and

(ii) permit law enforcement officials in any State

to stop the motor vehicle and take reasonable steps to

determine whether the vehicle is being operated by or

with the permission of the owner, if the vehicle is

being operated under the specified conditions; and

(2) participating States and localities authorize law en-

forcement officials in the State or locality to stop motor vehi-

cles displaying program decals or devices under specified condi-

tions and take reasonable steps to determine whether the vehi-

cle is being operated by or with the permission of the owner.

(b) U

NIFORM

ECAL OR

EVICE

ESIGNS

.—

(1) I

N GENERAL

.—The motor vehicle theft prevention pro-

gram developed pursuant to this section shall include a uni-

form design or designs for decals or other devices to be dis-

played by motor vehicles participating in the program.

(2) T

YPE OF DESIGN

.—The uniform design shall—

(A) be highly visible; and

(B) explicitly state that the motor vehicle to which it

is affixed may be stopped under the specified conditions

without additional grounds for establishing a reasonable

suspicion that the vehicle is being operated unlawfully.

OLUNTARY

ONSENT

ORM

.—The voluntary consent form

used to enroll in the program shall—

(1) clearly state that participation in the program is vol-

untary;

(2) clearly explain that participation in the program means

that, if the participating vehicle is being operated under the

specified conditions, law enforcement officials may stop the ve-

hicle and take reasonable steps to determine whether it is

being operated by or with the consent of the owner, even if the

law enforcement officials have no other basis for believing that

the vehicle is being operated unlawfully;

(3) include an express statement that the vehicle is not

normally operated under the specified conditions and that the

operation of the vehicle under those conditions would provide

sufficient grounds for a prudent law enforcement officer to rea-

sonably believe that the vehicle was not being operated by or

with the consent of the owner; and

(4) include any additional information that the Attorney

General may reasonably require.

(d) S

PECIFIED

ONDITIONS

NDER

HICH

TOPS

THORIZED

.—

(1) I

N GENERAL

.—The Attorney General shall promulgate

rules establishing the conditions under which participating

motor vehicles may be authorized to be stopped under this sec-

tion. These conditions may not be based on race, creed, color,

national origin, gender, or age. These conditions may include—

(A) the operation of the vehicle during certain hours of

the day; or

(B) the operation of the vehicle under other cir-

cumstances that would provide a sufficient basis for estab-

lishing a reasonable suspicion that the vehicle was not

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296 Sec. 220002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

being operated by the owner, or with the consent of the

owner.

(2) M

ORE THAN ONE SET OF CONDITIONS

.—The Attorney

General may establish more than one set of conditions under

which participating motor vehicles may be stopped. If more

than one set of conditions is established, a separate consent

form and a separate design for program decals or devices shall

be established for each set of conditions. The Attorney General

may choose to satisfy the requirement of a separate design for

program decals or devices under this paragraph by the use of

a design color that is clearly distinguishable from other design

colors.

(3) N

O NEW CONDITIONS WITHOUT CONSENT

.—After the pro-

gram has begun, the conditions under which a vehicle may be

stopped if affixed with a certain decal or device design may not

be expanded without the consent of the owner.

(4) L

IMITED PARTICIPATION BY STATES AND LOCALITIES

.—A

State or locality need not authorize the stopping of motor vehi-

cles under all sets of conditions specified under the program in

order to participate in the program.

(e) M

OTOR

EHICLES FOR

IRE

.—

(1) N

OTIFICATION TO LESSEES

.—Any person who is in the

business of renting or leasing motor vehicles and who rents or

leases a motor vehicle on which a program decal or device is

affixed shall, prior to transferring possession of the vehicle, no-

tify the person to whom the motor vehicle is rented or leased

about the program.

(2) T

YPE OF NOTICE

.—The notice required by this sub-

section shall—

(A) be in writing;

(B) be in a prominent format to be determined by the

Attorney General; and

operated under the specified conditions, the vehicle may be

stopped by law enforcement officials even if the officials

have no other basis for believing that the vehicle is being

operated unlawfully.

(3) F

INE FOR FAILURE TO PROVIDE NOTICE

.—Failure to pro-

vide proper notice under this subsection shall be punishable by

a fine not to exceed $5,000.

(f) N

OTIFICATION OF

OLICE

.—As a condition of participating in

the program, a State or locality must agree to take reasonable

steps to ensure that law enforcement officials throughout the State

or locality are familiar with the program, and with the conditions

under which motor vehicles may be stopped under the program.

(g) R

EGULATIONS

.—The Attorney General shall promulgate reg-

ulations to implement this section.

(h) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to carry out this section.

(1) $1,500,000 for fiscal year 1996;

(2) $1,700,000 for fiscal year 1997; and

(3) $1,800,000 for fiscal year 1998.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

297 Sec. 220003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICA-

TION NUMBERS.

(a) B

ASIC

FFENSE

.—Subsection (a) of section 511 of title 18,

United States Code, is amended to read as follows:

‘‘(a) A person who—

‘‘(1) knowingly removes, obliterates, tampers with, or al-

ters an identification number for a motor vehicle or motor vehi-

cle part; or

‘‘(2) with intent to further the theft of a motor vehicle,

knowingly removes, obliterates, tampers with, or alters a decal

or device affixed to a motor vehicle pursuant to the Motor Ve-

hicle Theft Prevention Act,

shall be fined under this title, imprisoned not more than 5 years,

or both.’’.

(b) E

XCEPTED

ERSONS

.—Paragraph (2) of section 511(b) of

title 18, United States Code, is amended—

(1) by striking ‘‘and’’ after the semicolon in subparagraph

(B);

(2) by striking the period at the end of subparagraph (C)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) a person who removes, obliterates, tampers with,

or alters a decal or device affixed to a motor vehicle pursu-

ant to the Motor Vehicle Theft Prevention Act, if that per-

son is the owner of the motor vehicle, or is authorized to

remove, obliterate, tamper with or alter the decal or device

by—

‘‘(i) the owner or his authorized agent;

‘‘(ii) applicable State or local law; or

‘‘(iii) regulations promulgated by the Attorney

General to implement the Motor Vehicle Theft Preven-

tion Act.’’.

EFINITION

.—Section 511 of title 18, United States Code, is

amended by adding at the end thereof the following:

‘‘(d) For purposes of subsection (a) of this section, the term

‘tampers with’ includes covering a program decal or device affixed

to a motor vehicle pursuant to the Motor Vehicle Theft Prevention

Act for the purpose of obstructing its visibility.’’.

(d) U

NAUTHORIZED

PPLICATION OF A

ECAL OR

EVICE

.—

(1) I

N GENERAL

.—Chapter 25 of title 18, United States

Code, is amended by adding after section 511 the following

new section:

‘‘§ 511A. Unauthorized application of theft prevention decal

or device

‘‘(a) Whoever affixes to a motor vehicle a theft prevention decal

or other device, or a replica thereof, unless authorized to do so pur-

suant to the Motor Vehicle Theft Prevention Act, shall be punished

by a fine not to exceed $1,000.

‘‘(b) For purposes of this section, the term ‘theft prevention

decal or device’ means a decal or other device designed in accord-

ance with a uniform design for such devices developed pursuant to

the Motor Vehicle Theft Prevention Act.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

298 Sec. 230101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) T

ECHNICAL AMENDMENT

.—The chapter analysis for

chapter 25 of title 18, United States Code, is amended by add-

ing after the item relating to section 511 the following new

item:

‘‘511A. Unauthorized application of theft prevention decal or device.’’.

TITLE XXIII—VICTIMS OF CRIME

Subtitle A—Victims of Crime

SEC. 230101. ø28 U.S.C. 2074 note¿ VICTIM’S RIGHT OF ALLOCUTION IN

SENTENCING.

(a) M

ODIFICATION OF

ROPOSED

MENDMENTS

.—The proposed

amendments to the Federal Rules of Criminal Procedure which are

embraced by an order entered by the Supreme Court of the United

States on April 29, 1994, shall take effect on December 1, 1994, as

otherwise provided by law, but with the following amendments:

(b) I

ENERAL

.—Rule 32 of the Federal Rules of Criminal

Procedure is amended by—

(1) striking ‘‘and’’ following the semicolon in subdivision

(c)(3)(C);

(2) striking the period at the end of subdivision (c)(3)(D)

and inserting ‘‘; and’’;

(3) inserting after subdivision (c)(3)(D) the following:

‘‘(E) if sentence is to be imposed for a crime of violence

or sexual abuse, address the victim personally if the victim

is present at the sentencing hearing and determine if the

victim wishes to make a statement or present any informa-

tion in relation to the sentence.’’;

(4) in subdivision (c)(3)(D), striking ‘‘equivalent oppor-

tunity’’ and inserting in lieu thereof ‘‘opportunity equivalent to

that of the defendant’s counsel’’;

(5) in the last sentence of subdivision (c)(4), striking ‘‘and

(D)’’ and inserting ‘‘(D), and (E)’’;

(6) in the last sentence of subdivision (c)(4), inserting ‘‘the

victim,’’ before ‘‘or the attorney for the Government.’’; and

(7) adding at the end the following:

‘‘(f) D

EFINITIONS

.—For purposes of this rule—

‘‘(1) ‘victim’ means any individual against whom an offense

has been committed for which a sentence is to be imposed, but

the right of allocution under subdivision (c)(3)(E) may be exer-

cised instead by—

‘‘(A) a parent or legal guardian if the victim is below

the age of eighteen years or incompetent; or

‘‘(B) one or more family members or relatives des-

ignated by the court if the victim is deceased or incapaci-

tated;

if such person or persons are present at the sentencing hear-

ing, regardless of whether the victim is present; and

‘‘(2) ‘crime of violence or sexual abuse’ means a crime that

involved the use or attempted or threatened use of physical

force against the person or property of another, or a crime

under chapter 109A of title 18, United States Code.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

299 Sec. 230201 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

FFECTIVE

ATE

.—The amendments made by subsection (b)

shall become effective on December 1, 1994.

SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A

VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO

SPEAK AT AN OFFENDER’S SENTENCING HEARING AND

ANY PAROLE HEARING.

It is the sense of the Senate that—

(1) the law of a State should provide for a victim’s right

of allocution at a sentencing hearing and at any parole hearing

if the offender has been convicted of a crime of violence or sex-

ual abuse;

(2) such a victim should have an opportunity equivalent to

the opportunity accorded to the offender to address the sen-

tencing court or parole board and to present information in re-

lation to the sentence imposed or to the early release of the of-

fender; and

(3) if the victim is not able to or chooses not to testify at

a sentencing hearing or parole hearing, the victim’s parents,

legal guardian, or family members should have the right to ad-

dress the court or board.

Subtitle B—Crime Victims’ Fund

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

(a) G

ENERALLY

.—Section 1402(d) of the Victims of Crime Act

of 1984 (42 U.S.C. 10601(d)) is amended by—

(1) striking paragraph (2) and inserting the following:

‘‘(2) the next $10,000,000 deposited in the Fund shall be

available for grants under section 1404A.’’;

(2) striking paragraph (3) and inserting the following:

‘‘(3) Of the remaining amount deposited in the Fund in a

particular fiscal year—

‘‘(A) 48.5 percent shall be available for grants under

section 1403;

‘‘(B) 48.5 percent shall be available for grants under

section 1404(a); and

‘‘(C) 3 percent shall be available for grants under sec-

tion 1404(c).’’;

(3) striking paragraph (4) and inserting the following:

‘‘(4) The Director may retain any portion of the Fund that

was deposited during a fiscal year that is in excess of 110 per-

cent of the total amount deposited in the Fund during the pre-

ceding fiscal year as a reserve for use in a year in which the

Fund falls below the amount available in the previous year.

Such reserve may not exceed $20,000,000.’’; and

(4) striking paragraph (5).

(b) C

ONFORMING

ROSS

EFERENCE

.—Section 1402(g)(1) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended by

striking ‘‘(d)(2)(D)’’ and inserting ‘‘(d)(2)’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

300 Sec. 230202 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO

CERTAIN FEDERAL PROGRAMS.

Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.

10602) is amended by adding at the end the following new sub-

section:

‘‘(e) Notwithstanding any other law, if the compensation paid

by an eligible crime victim compensation program would cover

costs that a Federal program, or a federally financed State or local

program, would otherwise pay,—

‘‘(1) such crime victim compensation program shall not pay

that compensation; and

‘‘(2) the other program shall make its payments without

regard to the existence of the crime victim compensation pro-

gram.’’.

SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSA-

TION.

(a) C

REATION OF

XCEPTION

.—The final sentence of section

1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.

10602(a)(1)) is amended by striking ‘‘A grant’’ and inserting ‘‘Ex-

cept as provided in paragraph (3), a grant’’.

(b) R

EQUIREMENTS OF

XCEPTION

.—Section 1403(a) of the Vic-

tims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by add-

ing at the end the following new paragraph:

‘‘(3) Not more than 5 percent of a grant made under this sec-

tion may be used for the administration of the State crime victim

compensation program receiving the grant.’’.

SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.

Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42

U.S.C. 10603(c)(1)(A)) is amended by inserting ‘‘demonstration

projects and’’ before ‘‘training’’.

SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.

(a) C

REATION OF

XCEPTION

.—Section 1404(b)(2) of the Victims

of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking

‘‘An eligible’’ and inserting ‘‘Except as provided in paragraph (3), an

eligible’’.

(b) R

EQUIREMENTS OF

XCEPTION

.—Section 1404(b) of the Vic-

tims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by add-

ing at the end the following new subsection:

‘‘(3) Not more than 5 percent of sums received under sub-

section (a) may be used for the administration of the State crime

victim assistance program receiving such sums.’’.

SEC. 230206. MAINTENANCE OF EFFORT.

Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C.

10604) is amended by adding at the end the following new sub-

section:

‘‘(h) Each entity receiving sums made available under this Act

for administrative purposes shall certify that such sums will not be

used to supplant State or local funds, but will be used to increase

the amount of such funds that would, in the absence of Federal

funds, be made available for these purposes.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

301 Sec. 240001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

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

Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.

10604(g)) is amended by striking ‘‘and on December 31 every two

years thereafter’’, and inserting ‘‘and on June 30 every two years

thereafter’’.

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

Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42

U.S.C. 10603(a)(5)(B)) is amended to read as follows:

‘‘(B) $200,000 thereafter.’’.

TITLE XXIV—PROTECTIONS FOR THE

ELDERLY

SEC. 240001. ø34 U.S.C. 12621¿ MISSING AMERICANS ALERT PROGRAM.

(a) G

RANT

ROGRAM TO

EDUCE

NJURY AND

EATH OF

ISS

ING

MERICANS

ITH

EMENTIA AND

EVELOPMENTAL

ISABIL

ITIES

.—Subject to the availability of appropriations to carry out

this section, the Attorney General, through the Bureau of Justice

Assistance and in consultation with the Secretary of Health and

Human Services—

(1) shall award competitive grants to health care agencies,

State and local law enforcement agencies, or public safety

agencies and nonprofit organizations to assist such entities in

planning, designing, establishing, or operating locally based,

proactive programs to prevent wandering and locate missing

individuals with forms of dementia, such as Alzheimer’s Dis-

ease, or developmental disabilities, such as autism, who, due

to their condition, wander from safe environments, including

programs that—

(A) provide prevention and response information, in-

cluding online training resources, and referrals to families

or guardians of such individuals who, due to their condi-

tion, wander from a safe environment;

(B) provide education and training, including online

training resources, to first responders, school personnel,

clinicians, and the public in order to—

(i) increase the safety and reduce the incidence of

wandering of persons, who, due to their dementia or

developmental disabilities, may wander from safe en-

vironments;

(ii) facilitate the rescue and recovery of individ-

uals who, due to their dementia or developmental dis-

abilities, wander from safe environments; and

(iii) recognize and respond to and appropriately

interact with endangered missing individuals with de-

mentia or developmental disabilities who, due to their

condition, wander from safe environments;

emergency protocols for school administrators, staff, and

families or guardians of individuals with dementia, such

as Alzheimer’s Disease, or developmental disabilities, such

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302 Sec. 240001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

as autism, to help reduce the risk of wandering by such in-

dividuals; and

(D) develop, operate, or enhance a notification or com-

munications systems for alerts, advisories, or dissemina-

tion of other information for the recovery of missing indi-

viduals with forms of dementia, such as Alzheimer’s Dis-

ease, or with developmental disabilities, such as autism;

and

(2) shall award grants to health care agencies, State and

local law enforcement agencies, or public safety agencies to as-

sist such agencies in designing, establishing, and operating loc-

ative tracking technology programs for individuals with forms

of dementia, such as Alzheimer’s Disease, or children with de-

velopmental disabilities, such as autism, who have wandered

from safe environments.

(b) A

PPLICATION

.—To be eligible to receive a competitive grant

under subsection (a), an agency or organization shall submit an ap-

plication to the Attorney General at such time, in such manner,

and containing such information as the Attorney General may re-

quire, including, at a minimum, an assurance that the agency or

organization will obtain and use assistance from private nonprofit

organizations to support the program. The Attorney General shall

periodically solicit applications for grants under this section by

publishing a request for applications in the Federal Register and

by posting such a request on the website of the Department of Jus-

tice.

REFERENCE

.—In awarding grants under subsection (a)(1),

the Attorney General shall give preference to law enforcement or

public safety agencies that partner with nonprofit organizations

that appropriately use person-centered plans minimizing restrictive

interventions and that have a direct link to individuals, and fami-

lies of individuals, with forms of dementia, such as Alzheimer’s

Disease, or developmental disabilities, such as autism.

(d) A

UTHORIZATION OF

PPROPRIATIONS

.—There are authorized

to be appropriated to carry out this section $2,000,000 for each of

fiscal years 2023 through 2027.

(e) G

RANT

CCOUNTABILITY

.—All grants awarded by the Attor-

ney General under this section shall be subject to the following ac-

countability provisions:

(1) A

UDIT REQUIREMENT

.—

(A) D

EFINITION

.—In this paragraph, the term ‘‘unre-

solved audit finding’’ means a finding in the final audit re-

port of the Inspector General of the Department of Justice

that the audited grantee has utilized grant funds for an

unauthorized expenditure or otherwise unallowable cost

that is not closed or resolved within 12 months from the

date when the final audit report is issued.

(B) A

UDITS

.—Beginning in the first fiscal year begin-

ning after the date of enactment of this subsection, and in

each fiscal year thereafter, the Inspector General of the

Department of Justice shall conduct audits of recipients of

grants under this section to prevent waste, fraud, and

abuse of funds by grantees. The Inspector General shall

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303 Sec. 240001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

determine the appropriate number of grantees to be au-

dited each year.

ANDATORY EXCLUSION

.—A recipient of grant

funds under this section that is found to have an unre-

solved audit finding shall not be eligible to receive grant

funds under this section during the first 2 fiscal years be-

ginning after the end of the 12-month period described in

subparagraph (A).

(D) P

RIORITY

.—In awarding grants under this section,

the Attorney General shall give priority to eligible appli-

cants that did not have an unresolved audit finding during

the 3 fiscal years before submitting an application for a

grant under this section.

(E) R

EIMBURSEMENT

.—If an entity is awarded grant

funds under this section during the 2-fiscal-year period

during which the entity is barred from receiving grants

under subparagraph (C), the Attorney General shall—

(i) deposit an amount equal to the amount of the

grant funds that were improperly awarded to the

grantee into the General Fund of the Treasury; and

(ii) seek to recoup the costs of the repayment to

the fund from the grant recipient that was erroneously

awarded grant funds.

(2) N

ONPROFIT ORGANIZATION REQUIREMENTS

.—

(A) D

EFINITION OF NONPROFIT ORGANIZATION

.—For

purposes of this paragraph and the grant programs under

this section, the term ‘‘nonprofit organization’’ means an

organization that is described in section 501(c)(3) of the In-

ternal Revenue Code of 1986 and is exempt from taxation

under section 501(a) of such Code.

(B) P

ROHIBITION

.—The Attorney General may not

award a grant under this section to a nonprofit organiza-

tion that holds money in offshore accounts for the purpose

of avoiding paying the tax described in section 511(a) of

the Internal Revenue Code of 1986.

ISCLOSURE

.—Each nonprofit organization that is

awarded a grant under this section and uses the proce-

dures prescribed in regulations to create a rebuttable pre-

sumption of reasonableness for the compensation of its of-

ficers, directors, trustees, and key employees, shall disclose

to the Attorney General, in the application for the grant,

the process for determining such compensation, including

the independent persons involved in reviewing and approv-

ing such compensation, the comparability data used, and

contemporaneous substantiation of the deliberation and

decision. Upon request, the Attorney General shall make

the information disclosed under this subparagraph avail-

able for public inspection.

(3) C

ONFERENCE EXPENDITURES

.—

(A) L

IMITATION

.—No amounts made available to the

Department of Justice under this section may be used by

the Attorney General, or by any individual or entity

awarded discretionary funds through a cooperative agree-

ment under this section, to host or support any expendi-

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304 Sec. 240002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ture for conferences that uses more than $20,000 in funds

made available by the Department of Justice, unless the

head of the relevant agency or department, provides prior

written authorization that the funds may be expended to

host the conference.

(B) W

RITTEN APPROVAL

.—Written approval under sub-

paragraph (A) shall include a written estimate of all costs

associated with the conference, including the cost of all

food, beverages, audio-visual equipment, honoraria for

speakers, and entertainment.

EPORT

.—The Deputy Attorney General shall sub-

mit an annual report to the Committee on the Judiciary of

the Senate and the Committee on the Judiciary of the

House of Representatives on all conference expenditures

approved under this paragraph.

(4) A

NNUAL CERTIFICATION

.—Beginning in the first fiscal

year beginning after the date of enactment of this subsection,

the Attorney General shall submit, to the Committee on the

Judiciary and the Committee on Appropriations of the Senate

and the Committee on the Judiciary and the Committee on Ap-

propriations of the House of Representatives, an annual certifi-

cation—

(A) indicating whether—

(i) all audits issued by the Office of the Inspector

General under paragraph (1) have been completed and

reviewed by the appropriate Assistant Attorney Gen-

eral or Director;

(ii) all mandatory exclusions required under para-

graph (1)(C) have been issued; and

(iii) all reimbursements required under paragraph

(1)(E) have been made; and

(B) that includes a list of any grant recipients ex-

cluded under paragraph (1) from the previous year.

(f) P

REVENTING

UPLICATIVE

RANTS

.—

(1) I

N GENERAL

.—Before the Attorney General awards a

grant to an applicant under this section, the Attorney General

shall compare potential grant awards with other grants award-

ed by the Attorney General to determine if grant awards are

or have been awarded for a similar purpose.

(2) R

EPORT

.—If the Attorney General awards grants to the

same applicant for a similar purpose the Attorney General

shall submit to the Committee on the Judiciary of the Senate

and the Committee on the Judiciary of the House of Represent-

atives a report that includes—

(A) a list of all such grants awarded, including the

total dollar amount of any such grants awarded; and

(B) the reason the Attorney General awarded multiple

grants to the same applicant for a similar purpose.

SEC. 240002. ø28 U.S.C. 994 note¿ CRIMES AGAINST THE ELDERLY.

(a) I

ENERAL

.—Pursuant to its authority under the Sen-

tencing Reform Act of 1984 and section 21 of the Sentencing Act

of 1987 (including its authority to amend the sentencing guidelines

and policy statements) and its authority to make such amendments

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305 Sec. 250002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

on an emergency basis, the United States Sentencing Commission

shall ensure that the applicable guideline range for a defendant

convicted of a crime of violence against an elderly victim is suffi-

ciently stringent to deter such a crime, to protect the public from

additional crimes of such a defendant, and to adequately reflect the

heinous nature of such an offense.

(b) C

RITERIA

.—In carrying out subsection (a), the United States

Sentencing Commission shall ensure that—

(1) the guidelines provide for increasingly severe punish-

ment for a defendant commensurate with the degree of phys-

ical harm caused to the elderly victim;

(2) the guidelines take appropriate account of the vulner-

ability of the victim; and

(3) the guidelines provide enhanced punishment for a de-

fendant convicted of a crime of violence against an elderly vic-

tim who has previously been convicted of a crime of violence

against an elderly victim, regardless of whether the conviction

occurred in Federal or State court.

EFINITIONS

.—In this section—

‘‘crime of violence’’ means an offense under section 113,

114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18,

United States Code.

‘‘elderly victim’’ means a victim who is 65 years of age or

older at the time of an offense.

TITLE XXV—SENIOR CITIZENS AGAINST

MARKETING SCAMS

SEC. 250001. ø18 U.S.C. 2325 note¿ SHORT TITLE.

This Act may be cited as the ‘‘Senior Citizens Against Mar-

keting Scams Act of 1994’’.

SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.

(a) O

FFENSE

.—Part I of title 18, United States Code, is

amended—

(1) by redesignating chapter 113A as chapter 113B; and

(2) by inserting after chapter 113 the following new chap-

ter:

‘‘CHAPTER 113A—TELEMARKETING FRAUD

‘‘Sec.

‘‘2325. Definition.

‘‘2326. Enhanced penalties.

‘‘2327. Mandatory restitution.

‘‘§ 2325. Definition

‘‘In this chapter, ‘telemarketing’—

‘‘(1) means a plan, program, promotion, or campaign that

is conducted to induce—

‘‘(A) purchases of goods or services; or

‘‘(B) participation in a contest or sweepstakes,

by use of 1 or more interstate telephone calls initiated either

by a person who is conducting the plan, program, promotion,

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306 Sec. 250002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

or campaign or by a prospective purchaser or contest or sweep-

stakes participant; but

‘‘(2) does not include the solicitation of sales through the

mailing of a catalog that—

‘‘(A) contains a written description or illustration of

the goods or services offered for sale;

‘‘(B) includes the business address of the seller;

‘‘(C) includes multiple pages of written material or il-

lustration; and

‘‘(D) has been issued not less frequently than once a

year,

if the person making the solicitation does not solicit customers

by telephone but only receives calls initiated by customers in

response to the catalog and during those calls takes orders

without further solicitation.

‘‘§ 2326. Enhanced penalties

‘‘A person who is convicted of an offense under section 1028,

1029, 1341, 1342, 1343, or 1344 in connection with the conduct of

telemarketing—

‘‘(1) may be imprisoned for a term of up to 5 years in addi-

tion to any term of imprisonment imposed under any of those

sections, respectively; and

‘‘(2) in the case of an offense under any of those sections

that—

‘‘(A) victimized ten or more persons over the age of 55;

‘‘(B) targeted persons over the age of 55,

may be imprisoned for a term of up to 10 years in addition to

any term of imprisonment imposed under any of those sections,

respectively.

‘‘§ 2327. Mandatory restitution

‘‘(a) I

ENERAL

.—Notwithstanding section 3663, and in addi-

tion to any other civil or criminal penalty authorized by law, the

court shall order restitution for any offense under this chapter.

‘‘(b) S

COPE AND

ATURE OF

RDER

.—

‘‘(1) D

IRECTIONS

.—The order of restitution under this sec-

tion shall direct that—

‘‘(A) the defendant pay to the victim (through the ap-

propriate court mechanism) the full amount of the victim’s

losses as determined by the court, pursuant to paragraph

(3); and

‘‘(B) the United States Attorney enforce the restitution

order by all available and reasonable means.

‘‘(2) E

NFORCEMENT BY VICTIM

.—An order of restitution may

be enforced by a victim named in the order to receive the res-

titution as well as by the United States Attorney, in the same

manner as a judgment in a civil action.

‘‘(3) D

EFINITION

.—For purposes of this subsection, the term

‘full amount of the victim’s losses’ means all losses suffered by

the victim as a proximate result of the offense.

‘‘(4) O

RDER MANDATORY

.—(A) The issuance of a restitution

order under this section is mandatory.

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‘‘(B) A court may not decline to issue an order under this

section because of—

‘‘(i) the economic circumstances of the defendant; or

‘‘(ii) the fact that a victim has, or is entitled to, receive

compensation for his or her injuries from the proceeds of

insurance or any other source.

‘‘(C)(i) Notwithstanding subparagraph (A), the court may

take into account the economic circumstances of the defendant

in determining the manner in which and the schedule accord-

ing to which the restitution is to be paid.

‘‘(ii) For purposes of this subparagraph, the term ‘economic

circumstances’ includes—

‘‘(I) the financial resources and other assets of the de-

fendant;

‘‘(II) projected earnings, earning capacity, and other

income of the defendant; and

‘‘(III) any financial obligations of the defendant, in-

cluding obligations to dependents.

‘‘(D) Subparagraph (A) does not apply if—

‘‘(i) the court finds on the record that the economic cir-

cumstances of the defendant do not allow for the payment

of any amount of a restitution order, and do not allow for

the payment of any or some portion of the amount of a res-

titution order in the foreseeable future (under any reason-

able schedule of payments); and

‘‘(ii) the court enters in its order the amount of the vic-

tim’s losses, and provides a nominal restitution award.

‘‘(5) M

ORE THAN 1 OFFENDER

.—When the court finds that

more than 1 offender has contributed to the loss of a victim,

the court may make each offender liable for payment of the full

amount of restitution or may apportion liability among the of-

fenders to reflect the level of contribution and economic cir-

cumstances of each offender.

‘‘(6) M

ORE THAN 1 VICTIM

.—When the court finds that more

than 1 victim has sustained a loss requiring restitution by an

offender, the court shall order full restitution of each victim

but may provide for different payment schedules to reflect the

economic circumstances of each victim.

‘‘(7) P

AYMENT SCHEDULE

.—An order under this section may

direct the defendant to make a single lump-sum payment or

partial payments at specified intervals.

‘‘(8) S

ETOFF

.—Any amount paid to a victim under this sec-

tion shall be set off against any amount later recovered as com-

pensatory damages by the victim from the defendant in—

‘‘(A) any Federal civil proceeding; and

‘‘(B) any State civil proceeding, to the extent provided

by the law of the State.

‘‘(9) E

FFECT ON OTHER SOURCES OF COMPENSATION

.—The

issuance of a restitution order shall not affect the entitlement

of a victim to receive compensation with respect to a loss from

insurance or any other source until the payments actually re-

ceived by the victim under the restitution order fully com-

pensate the victim for the loss.

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308 Sec. 250002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(10) C

ONDITION OF PROBATION OR SUPERVISED RELEASE

.—

Compliance with a restitution issued under this section shall

be a condition of any probation or supervised release of a de-

fendant. The court may revoke probation or a term of super-

vised release, modify the terms or conditions of probation or a

term of supervised release, hold the defendant in contempt

pursuant to section 3583(e), or suspend the offender’s eligibility

for any grant, contract, loan, professional license, or commer-

cial license provided by an agency of the United States or with

appropriated funds of the United States if the defendant fails

to comply with the order. In determining whether to revoke

probation or a term of supervised release, modify the terms or

conditions of probation or supervised release or hold a defend-

ant serving a term of supervised release in contempt, the court

shall consider the defendant’s employment status, earning abil-

ity and financial resources, the willfulness of the defendant’s

failure to comply, and any other circumstances that may have

a bearing on the defendant’s ability to comply.

‘‘(c) P

ROOF OF

LAIM

.—

‘‘(1) A

FFIDAVIT

.—Within 60 days after conviction and, in

any event, not later than 10 days prior to sentencing, the

United States Attorney (or the United States Attorney’s

delegee), after consulting with the victim, shall prepare and

file an affidavit with the court listing the amounts subject to

restitution under this section. The affidavit shall be signed by

the United States Attorney (or the United States Attorney’s

delegee) and the victim. Should the victim object to any of the

information included in the affidavit, the United States Attor-

ney (or the United States Attorney’s delegee) shall advise the

victim that the victim may file a separate affidavit and shall

provide the victim with an affidavit form which may be used

to do so.

‘‘(2) O

BJECTION

.—If, after the defendant has been notified

of the affidavit, no objection is raised by the defendant, the

amounts attested to in the affidavit filed pursuant to para-

graph (1) shall be entered in the court’s restitution order. If ob-

jection is raised, the court may require the victim or the

United States Attorney (or the United States Attorney’s

delegee) to submit further affidavits or other supporting docu-

ments, demonstrating the victim’s losses.

‘‘(3) A

DDITIONAL DOCUMENTATION AND TESTIMONY

.—If the

court concludes, after reviewing the supporting documentation

and considering the defendant’s objections, that there is a sub-

stantial reason for doubting the authenticity or veracity of the

records submitted, the court may require additional docu-

mentation or hear testimony on those questions. The privacy

of any records filed, or testimony heard, pursuant to this sec-

tion shall be maintained to the greatest extent possible, and

such records may be filed or testimony heard in camera.

‘‘(4) F

INAL DETERMINATION OF LOSSES

.—If the victim’s

losses are not ascertainable by the date that is 10 days prior

to sentencing as provided in paragraph (1), the United States

Attorney (or the United States Attorney’s delegee) shall so in-

form the court, and the court shall set a date for the final de-

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termination of the victim’s losses, not to exceed 90 days after

sentencing. If the victim subsequently discovers further losses,

the victim shall have 60 days after discovery of those losses in

which to petition the court for an amended restitution order.

Such order may be granted only upon a showing of good cause

for the failure to include such losses in the initial claim for

restitutionary relief.

‘‘(d) M

ODIFICATION OF

RDER

.—A victim or the offender may

petition the court at any time to modify a restitution order as ap-

propriate in view of a change in the economic circumstances of the

offender.

‘‘(e) R

EFERENCE TO

AGISTRATE OR

PECIAL

ASTER

.—The

court may refer any issue arising in connection with a proposed

order of restitution to a magistrate or special master for proposed

findings of fact and recommendations as to disposition, subject to

a de novo determination of the issue by the court.

‘‘(f) D

EFINITION

.—For purposes of this section, the term ‘victim’

includes the individual harmed as a result of a commission of a

crime under this chapter, including, in the case of a victim who is

incompetent, incapacitated, or deceased, the legal guardian of the

victim or representative of the victim’s estate, another family mem-

ber, or any other person appointed as suitable by the court, but in

no event shall the defendant be named as such representative or

guardian.’’.

(b) T

ECHNICAL

MENDMENTS

.—

(1) P

ART ANALYSIS

.—The part analysis for part I of title 18,

United States Code, is amended by striking the item relating

to chapter 113A and inserting the following:

‘‘113A. Telemarketing fraud .................................................................................. 2325

‘‘113B. Terrorism .................................................................................................... 2331’’.

(2) C

HAPTER 113B

.—The chapter heading for chapter 113B

of title 18, United States Code, as redesignated by subsection

(a)(1), is amended to read as follows:

‘‘CHAPTER 113B—TERRORISM’’.

SEC. 250003. ø28 U.S.C. 994 note¿ INCREASED PENALTIES FOR FRAUD

AGAINST OLDER VICTIMS.

(a) R

EVIEW

.—The United States Sentencing Commission shall

review and, if necessary, amend the sentencing guidelines to en-

sure that victim related adjustments for fraud offenses against

older victims over the age of 55 are adequate.

(b) R

EPORT

.—Not later than 180 days after the date of enact-

ment of this Act, the Sentencing Commission shall report to Con-

gress the result of its review under subsection (a).

SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION

AND CONVICTION.

Section 3059 of title 18, United States Code, is amended by

adding at the end the following new subsection:

‘‘(c)(1) In special circumstances and in the Attorney General’s

sole discretion, the Attorney General may make a payment of up

to $10,000 to a person who furnishes information unknown to the

Government relating to a possible prosecution under section 2326

which results in a conviction.

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310 Sec. 250005 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) A person is not eligible for a payment under paragraph (1)

if—

‘‘(A) the person is a current or former officer or employee

of a Federal, State, or local government agency or instrumen-

tality who furnishes information discovered or gathered in the

course of government employment;

‘‘(B) the person knowingly participated in the offense;

‘‘(C) the information furnished by the person consists of an

allegation or transaction that has been disclosed to the pub-

lic—

‘‘(i) in a criminal, civil, or administrative proceeding;

‘‘(ii) in a congressional, administrative, or General Ac-

counting Office report, hearing, audit, or investigation; or

‘‘(iii) by the news media, unless the person is the origi-

nal source of the information; or

‘‘(D) when, in the judgment of the Attorney General, it ap-

pears that a person whose illegal activities are being pros-

ecuted or investigated could benefit from the award.

‘‘(3) For the purposes of paragraph (2)(C)(iii), the term ‘original

source’ means a person who has direct and independent knowledge

of the information that is furnished and has voluntarily provided

the information to the Government prior to disclosure by the news

media.

‘‘(4) Neither the failure of the Attorney General to authorize a

payment under paragraph (1) nor the amount authorized shall be

subject to judicial review.’’.

SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for the purposes of

carrying out this Act and the amendments made by this Act—

(1) for the Federal Bureau of Investigation to hire, equip,

and train special agents and support staff to investigate tele-

marketing fraud cases—

(A) $750,000 for fiscal year 1996;

(B) $1,500,000 for fiscal year 1997;

(D) $1,800,000 for fiscal year 1999; and

(E) $1,950,000 for fiscal year 2000;

(2) to hire, equip, and train Department of Justice attor-

neys, assistant United States Attorneys, and support staff to

prosecute telemarketing fraud cases—

(A) $250,000 for fiscal year 1996;

(B) $500,000 for fiscal year 1997;

(D) $600,000 for fiscal year 1999; and

(E) $650,000 for fiscal year 2000; and

(3) for the Department of Justice to conduct, in cooperation

with State and local law enforcement agencies and senior cit-

izen advocacy organizations, public awareness and prevention

initiatives for senior citizens, such as seminars and training—

(A) $1,000,000 for fiscal year 1996;

(B) $2,000,000 for fiscal year 1997;

(D) $2,500,000 for fiscal year 1999; and

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As Amended Through P.L. 117-315, Enacted December 27, 2022

311 Sec. 250008 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(E) $2,500,000 for fiscal year 2000.

SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.

Section 1341 of title 18, United States Code, is amended—

(1) by inserting ‘‘or deposits or causes to be deposited any

matter or thing whatever to be sent or delivered by any private

or commercial interstate carrier,’’ after ‘‘Postal Service,’’; and

(2) by inserting ‘‘or such carrier’’ after ‘‘causes to be deliv-

ered by mail’’.

SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH

ACCESS DEVICES.

Section 1029 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘or’’ at the end of paragraph (3); and

(B) by inserting after paragraph (4) the following new

paragraphs:

‘‘(5) knowingly and with intent to defraud effects trans-

actions, with 1 or more access devices issued to another person

or persons, to receive payment or any other thing of value dur-

ing any 1-year period the aggregate value of which is equal to

or greater than $1,000;

‘‘(6) without the authorization of the issuer of the access

device, knowingly and with intent to defraud solicits a person

for the purpose of—

‘‘(A) offering an access device; or

‘‘(B) selling information regarding or an application to

obtain an access device; or

‘‘(7) without the authorization of the credit card system

member or its agent, knowingly and with intent to defraud

causes or arranges for another person to present to the mem-

ber or its agent, for payment, 1 or more evidences or records

of transactions made by an access device;’’;

(2) in subsection (c)(1) by striking ‘‘(a)(2) or (a)(3)’’ and in-

serting ‘‘(a) (2), (3), (5), (6), or (7)’’; and

(3) in subsection (e)—

(A) by striking ‘‘and’’ at the end of paragraph (5);

(B) by striking the period at the end of paragraph (6)

and inserting ‘‘; and’’; and

‘‘(7) the term ‘credit card system member’ means a finan-

cial institution or other entity that is a member of a credit card

system, including an entity, whether affiliated with or identical

to the credit card issuer, that is the sole member of a credit

card system.’’.

SEC. 250008. ø18 U.S.C. 2325 note¿ INFORMATION NETWORK.

(a) H

OTLINE

.—The Attorney General shall, subject to the avail-

ability of appropriations, establish a national toll-free hotline for

the purpose of—

(1) providing general information on telemarketing fraud

to interested persons; and

(2) gathering information related to possible violations of

this Act.

(b) A

CTION ON

NFORMATION

ATHERED

.—The Attorney Gen-

eral shall work in cooperation with the Federal Trade Commission

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312 Sec. 260001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

to ensure that information gathered through the hotline shall be

acted on in an appropriate manner.

TITLE XXVI—COMMISSION

MEMBERSHIP AND APPOINTMENT

SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.

(a) M

EMBERSHIP

.—Section 211(B)(f) of Public Law 101–515

(104 Stat. 2123) is amended to read as follows:

‘‘(f) N

UMBER AND

PPOINTMENT

.—

‘‘(1) I

N GENERAL

.—The Commission shall be composed of

29 members as follows:

‘‘(A) Nine individuals appointed from national law en-

forcement organizations representing law enforcement offi-

cers, of whom—

‘‘(i) two shall be appointed by the Speaker of the

House of Representatives;

‘‘(ii) two shall be appointed by the majority leader

of the Senate;

‘‘(iii) two shall be appointed by the minority leader

of the House of Representatives;

‘‘(iv) two shall be appointed by the minority leader

of the Senate; and

‘‘(v) one shall be appointed by the President.

‘‘(B) Nine individuals appointed from national law en-

forcement organizations representing law enforcement

management, of whom—

‘‘(i) two shall be appointed by the Speaker of the

House of Representatives;

‘‘(ii) two shall be appointed by the majority leader

of the Senate;

‘‘(iii) two shall be appointed by the minority leader

of the House of Representatives;

‘‘(iv) two shall be appointed by the minority leader

of the Senate; and

‘‘(v) one shall be appointed by the President.

‘‘(C) Two individuals appointed with academic exper-

tise regarding law enforcement issues, of whom—

‘‘(i) one shall be appointed by the Speaker of the

House of Representatives and the majority leader of

the Senate; and

‘‘(ii) one shall be appointed by the minority leader

of the Senate and the minority leader of the House of

Representatives.

‘‘(D) Two Members of the House of Representatives,

appointed by the Speaker and the minority leader of the

House of Representatives.

‘‘(E) Two Members of the Senate, appointed by the ma-

jority leader and the minority leader of the Senate.

‘‘(F) One individual from the Department of Justice,

appointed by the President.

‘‘(G) Two individuals representing a State or local gov-

ernmental entity, such as a Governor, mayor, or State at-

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313 Sec. 270002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

torney general, to be appointed jointly by the majority

leader and the minority leader of the Senate.

‘‘(H) Two individuals representing a State or local gov-

ernmental entity, such as a Governor, mayor, or State at-

torney general, to be appointed jointly by the Speaker and

the minority leader of the House of Representatives.

‘‘(2) C

OMPTROLLER GENERAL

.—The Comptroller General

shall serve in an advisory capacity and shall oversee the meth-

odology and approve of the Commission study.

‘‘(3) C

HAIRPERSON

.—Upon their appointment the members

of the Commission shall select one of their number to act as

chairperson.

‘‘(4) A

PPOINTMENT DATE

.—Members of the Commission

shall be appointed no later than 90 days after the enactment

of this Act.’’.

(b) R

EPORT

.—Section 211(B)(p) of Public Law 101–515 (104

Stat. 2124) is amended by striking ‘‘the expiration’’ and all that fol-

lows through ‘‘this Act,’’ and inserting ‘‘March 31, 1996,’’.

EIMBURSEMENT

.—

(1) Section 211(B)(i) of Public Law 101–515 (104 Stat.

2124) is amended by striking ‘‘non-reimbursable’’ and inserting

‘‘a reimbursable’’.

(2) Section 211(b)(j) of Public Law 101–515 (104 Stat.

2124) is amended by adding after ‘‘Commission’’ the following:

‘‘, on a reimbursable basis,’’.

SEC. 260002. CONFORMING AMENDMENT.

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

is repealed.

TITLE XXVII—PRESIDENTIAL SUMMIT

ON VIOLENCE AND NATIONAL COM-

MISSION ON CRIME PREVENTION AND

CONTROL

SEC. 270001. PRESIDENTIAL SUMMIT.

Congress calls on the President to convene a national summit

on violence in America prior to convening the Commission estab-

lished under this title.

SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REP-

RESENTATION.

(a) E

STABLISHMENT AND

PPOINTMENT OF

EMBERS

.—There is

established a commission to be known as the ‘‘National Commis-

sion on Crime Control and Prevention’’. The Commission shall be

composed of 28 members appointed as follows:

(1) 10 persons by the President, not more than 6 of whom

shall be of the same major political party.

(2) 9 persons by the President pro tempore of the Senate,

5 of whom shall be appointed on the recommendation of the

Majority Leader of the Senate and the chairman of the Com-

mittee on the Judiciary of the Senate, and 4 of whom shall be

appointed on the recommendation of the Minority Leader of

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314 Sec. 270002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

the Senate and the ranking minority member of the Committee

on the Judiciary of the Senate.

(3) 9 persons appointed by the Speaker of the House of

Representatives, in consultation with the chairman of the

Committee on the Judiciary of the House of Representatives,

and 4 of whom shall be appointed on the recommendation of

the Minority Leader of the House of Representatives, in con-

sultation with the ranking member of the Committee on the

Judiciary.

(b) C

OMMITTEES AND

ASK

ORCES

.—The Commission shall es-

tablish committees or task forces from among its members for the

examination of specific subject areas and the carrying out of other

functions or responsibilities of the Commission, including commit-

tees or task forces for the examination of the subject areas of crime

and violence generally, the causes of the demand for drugs, vio-

lence in schools, and violence against women, as described in sub-

sections (b) through (e) of section 270004.

EPRESENTATION

.—(1) At least 1 member of the Commis-

sion appointed by the President, at least 2 members of the Com-

mission appointed by the President pro tempore of the Senate, and

at least 2 members of the Commission appointed by the Speaker

of the House of Representatives shall be persons well-qualified to

participate in the Commission’s examination of the subject area of

crime and violence generally, with education, training, expertise, or

experience in such areas as law enforcement, law, sociology, psy-

chology, social work, and ethnography and urban poverty (includ-

ing health care, housing, education, and employment).

(2) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representa-

tives shall be persons well-qualified to participate in the Commis-

sion’s examination of the subject area of the causes of the demand

for drugs, with education, training, expertise, or experience in such

areas as addiction, biomedicine, sociology, psychology, law, and eth-

nography and urban poverty (including health care, housing, edu-

cation, and employment).

(3) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representa-

tives shall be persons well-qualified to participate in the Commis-

sion’s examination of the subject area of violence in schools, with

education, training, expertise, or experience in such areas as law

enforcement, education, school governance policy and teaching, law,

sociology, psychology, and ethnography and urban poverty (includ-

ing health care, housing, education, and employment).

(4) At least 1 member of the Commission appointed by the

President, at least 2 members of the Commission appointed by the

President pro tempore of the Senate, and at least 2 members of the

Commission appointed by the Speaker of the House of Representa-

tives shall be persons well-qualified to participate in the Commis-

sion’s examination of the subject area of violence against women,

as survivors of violence, or as persons with education, training, ex-

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315 Sec. 270003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

pertise, or experience in such areas as law enforcement, law, judi-

cial administration, prosecution, defense, victim services or advo-

cacy in sexual assault or domestic violence cases (including medical

services and counseling), and protection of victims’ rights.

SEC. 270003. PURPOSES.

The purposes of the Commission are as follows:

(1) To develop a comprehensive proposal for preventing

and controlling crime and violence in the United States, includ-

ing cost estimates for implementing any recommendations

made by the Commission.

(2) To bring attention to successful models and programs

in crime prevention and crime control.

(3) To reach out beyond the traditional criminal justice

community for ideas for controlling and preventing crime.

(4) To recommend improvements in the coordination of

local, State, Federal, and international crime control and pre-

vention efforts, including efforts relating to crime near inter-

national borders.

(5) To make a comprehensive study of the economic and

social factors leading to or contributing to crime and violence,

including the causes of illicit drug use and other substance

abuse, and to develop specific proposals for legislative and ad-

ministrative actions to reduce crime and violence and the fac-

tors that contribute to it.

(6) To recommend means of utilizing criminal justice re-

sources as effectively as possible, including targeting finite cor-

rectional facility space to the most serious and violent offend-

ers, and considering increased use of intermediate sanctions for

offenders who can be dealt with adequately by such means.

(7) To examine distinctive crime problems and the impact

of crime on members of minority groups, Indians living on res-

ervations, and other groups defined by race, ethnicity, religion,

age, disability, or other characteristics, and to recommend spe-

cific responses to the distinctive crime problems of such groups.

(8) To examine the problem of sexual assaults, domestic vi-

olence, and other criminal and unlawful acts that particularly

affect women, and to recommend Federal, State, and local

strategies for more effectively preventing and punishing such

crimes and acts.

(9) To examine the treatment of victims in Federal, State,

and local criminal justice systems, and to develop recommenda-

tions to enhance and protect the rights of victims.

(10) To examine the ability of Federal, State, and local

criminal justice systems to administer criminal law and crimi-

nal sanctions impartially without discrimination on the basis

of race, ethnicity, religion, gender, or other legally proscribed

grounds, and to make recommendations for correcting any defi-

ciencies in the impartial administration of justice on these

grounds.

(11) To examine the nature, scope, causes, and complex-

ities of violence in schools and to recommend a comprehensive

response to that problem.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

316 Sec. 270004 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.

(a) I

ENERAL

.—The responsibilities of the Commission shall

include such study and consultation as may be necessary or appro-

priate to carry out the purposes set forth in section 270003, includ-

ing the specific measures described in subsections (b) through (e)

in relation to the subject areas addressed in those subsections.

(b) C

RIME AND

IOLENCE

ENERALLY

.—In addressing the sub-

ject of crime and violence generally, the activities of the Commis-

sion shall include the following:

(1) Reviewing the effectiveness of traditional criminal jus-

tice approaches in preventing and controlling crime and vio-

lence.

(2) Examining the impact that changes in Federal and

State law have had in controlling crime and violence.

(3) Examining the impact of changes in Federal immigra-

tion laws and policies and increased development and growth

along United States international borders on crime and vio-

lence in the United States, particularly among the Nation’s

youth.

(4) Examining the problem of youth gangs and providing

recommendations as to how to reduce youth involvement in

violent crime.

(5) Examining the extent to which the use of dangerous

weapons in the commission of crime has contributed to violence

and murder in the United States.

(6) Convening field hearings in various regions of the coun-

try to receive testimony from a cross section of criminal justice

professionals, business leaders, elected officials, medical doc-

tors, and other persons who wish to participate.

(7) Reviewing all segments of the Nation’s criminal justice

systems, including the law enforcement, prosecution, defense,

judicial, and corrections components in developing the crime

control and prevention proposal.

AUSES OF THE

EMAND FOR

RUGS

.—In addressing the

subject of the causes of the demand for drugs, the activities of the

Commission shall include the following:

(1) Examining the root causes of illicit drug use and abuse

in the United States, including by compiling existing research

regarding those root causes, and including consideration of the

following factors:

(A) The characteristics of potential illicit drug users

and abusers or drug traffickers, including age and social,

economic, and educational backgrounds.

(B) Environmental factors that contribute to illicit

drug use and abuse, including the correlation between un-

employment, poverty, and homelessness and drug experi-

mentation and abuse.

ative or friend in contributing to the likelihood and desire

of an individual to experiment with illicit drugs.

(D) Aspects of, and changes in cultural values, atti-

tudes and traditions that contribute to illicit drug use and

abuse.

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317 Sec. 270004 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(E) The physiological and psychological factors that

contribute to the desire for illicit drugs.

(2) Evaluating Federal, State, and local laws and policies

on the prevention of drug abuse, control of unlawful produc-

tion, distribution and use of controlled substances, and the effi-

cacy of sentencing policies with regard to those laws.

(3) Analyzing the allocation of resources among interdic-

tion of controlled substances entering the United States, en-

forcement of Federal laws relating to the unlawful production,

distribution, and use of controlled substances, education with

regard to and the prevention of the unlawful use of controlled

substances, and treatment and rehabilitation of drug abusers.

(4) Analyzing current treatment and rehabilitation meth-

ods and making recommendations for improvements.

(5) Identifying any existing gaps in drug abuse policy that

result from the lack of attention to the root causes of drug

abuse.

(6) Assessing the needs of government at all levels for re-

sources and policies for reducing the overall desire of individ-

uals to experiment with and abuse illicit drugs.

(7) Making recommendations regarding necessary improve-

ments in policies for reducing the use of illicit drugs in the

United States.

(d) V

IOLENCE IN

CHOOLS

.—In addressing the subject of vio-

lence in schools, the activities of the Commission shall include the

following:

(1) Defining the causes of violence in schools.

(2) Defining the scope of the national problem of violence

in schools.

(3) Providing statistics and data on the problem of violence

in schools on a State-by-State basis.

(4) Investigating the problem of youth gangs and their re-

lation to violence in schools and providing recommendations on

how to reduce youth involvement in violent crime in schools.

(5) Examining the extent to which dangerous weapons

have contributed to violence and murder in schools.

(6) Exploring the extent to which the school environment

has contributed to violence in schools.

(7) Reviewing the effectiveness of current approaches in

preventing violence in schools.

(e) V

IOLENCE

GAINST

OMEN

.—In addressing the subject of

sexual assault, domestic violence, and other criminal and unlawful

acts that particularly affect women, the activities of the Commis-

sion shall include the following:

(1) Evaluating the adequacy of, and making recommenda-

tions regarding, current law enforcement efforts at the Federal,

State, and local levels to reduce the incidence of such crimes

and acts, and to punish those responsible for such crimes and

acts.

(2) Evaluating the adequacy of, and making recommenda-

tions regarding, the responsiveness of prosecutors and courts to

such crimes and acts.

(3) Evaluating the adequacy of rules of evidence, practice,

and procedure to ensure the effective prosecution and convic-

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318 Sec. 270005 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

tion of perpetrators of such crimes and acts and to protect vic-

tims of such crimes and acts from abuse in legal proceedings,

making recommendations, where necessary, to improve those

rules.

(4) Evaluating the adequacy of pretrial release, sentencing,

incarceration, and post-conviction release in relation to such

crimes and acts.

(5) Evaluating the adequacy of, and making recommenda-

tions regarding, the adequacy of Federal and State laws on

sexual assault and the need for a more uniform statutory re-

sponse to sex offenses, including sexual assaults and other sex

offenses committed by offenders who are known or related by

blood or marriage to the victim.

(6) Evaluating the adequacy of, and making recommenda-

tions regarding, the adequacy of Federal and State laws on do-

mestic violence and the need for a more uniform statutory re-

sponse to domestic violence.

(7) Evaluating the adequacy of, and making recommenda-

tions regarding, the adequacy of current education, prevention,

and protective services for victims of such crimes and acts.

(8) Assessing the issuance, formulation, and enforcement

of protective orders, whether or not related to a criminal pro-

ceeding, and making recommendations for their more effective

use in domestic violence and stalking cases.

(9) Assessing the problem of stalking and recommending

effective means of response to the problem.

(10) Evaluating the adequacy of, and making recommenda-

tions regarding, programs for public awareness and public dis-

semination of information to prevent such crimes and acts.

(11) Evaluating the treatment of victims of such crimes

and acts in Federal, State, and local criminal justice systems,

and making recommendations designed to improve such treat-

ment.

SEC. 270005. ADMINISTRATIVE MATTERS.

(a) C

HAIR

.—The President shall designate a member of the

Commission to chair the Commission.

(b) N

DDITIONAL

AY OR

ENEFITS

; P

IEM

.—Members of

the Commission shall receive no pay or benefits by reason of their

service on the Commission, but shall receive travel expenses, in-

cluding per diem in lieu of subsistence, at rates authorized for em-

ployees of agencies under sections 5702 and 5703 of title 5, United

States Code.

ACANCIES

.—Vacancies on the Commission shall be filled in

the same manner as initial appointments.

(d) M

EETINGS

PEN TO THE

UBLIC

.—The Commission shall be

considered to be an agency for the purposes of section 552b of title

5, United States Code, relating to the requirement that meetings

of Federal agencies be open to the public.

SEC. 270006. STAFF AND SUPPORT SERVICES.

(a) D

IRECTOR

.—With the approval of the Commission, the

chairperson shall appoint a staff director for the Commission.

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319 Sec. 270009 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) S

TAFF

.—With the approval of the Commission, the staff di-

rector may appoint and fix the compensation of staff personnel for

the Commission.

IVIL

ERVICE

AWS

.—The staff of the Commission shall be

appointed without regard to the provisions of title 5, United States

Code, governing appointments in the competitive service. Staff

compensation may be set without regard to the provisions of chap-

ter 51 and subchapter III of chapter 53 of that title relating to clas-

sification and General Schedule pay rates, but in no event shall

any such personnel be compensated at a rate greater than the rate

of basic pay for level ES–4 of the Senior Executive Service Sched-

ule under section 5382 of that title. The staff director shall be paid

at a rate not to exceed the rate of basic pay for level V of the Exec-

utive Schedule.

(d) C

ONSULTANTS

.—With the approval of the Commission, the

staff director may procure temporary and intermittent services

under section 3109(b) of title 5, United States Code.

(e) S

TAFF OF

EDERAL

GENCIES

.—Upon the request of the

Commission, the head of any Federal agency may detail, on a reim-

bursable basis, personnel of that agency to the Commission to as-

sist in carrying out its duties.

(f) P

HYSICAL

ACILITIES

.—The Administrator of the General

Service Administration shall provide suitable office space for the

operation of the Commission. The facilities shall serve as the head-

quarters of the Commission and shall include all necessary equip-

ment and incidentals required for proper functioning.

SEC. 270007. POWERS.

(a) H

EARINGS

.—For the purposes of carrying out this title, the

Commission may conduct such hearings, sit and act at such times

and places, take such testimony, and receive such evidence, as the

Commission considers appropriate. The Commission may admin-

ister oaths before the Commission.

(b) D

ELEGATION

.—Any committee, task force, member, or

agent, of the Commission may, if authorized by the Commission,

take any action that the Commission is authorized to take under

this title.

CCESS TO

NFORMATION

.—The Commission may request di-

rectly from any Federal agency or entity in the executive or legisla-

tive branch such information as is needed to carry out its functions.

(d) M

AIL

.—The Commission may use the United States mails

in the same manner and under the same conditions as other Fed-

eral agencies.

SEC. 270008. REPORT; TERMINATION.

Not later than 2 years after the date on which the Commission

is fully constituted under section 270001, the Commission shall

submit a detailed report to the Congress and the President con-

taining its findings and recommendations. The Commission shall

terminate 30 days after the submission of its report.

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this

title—

(1) $1,000,000 for fiscal year 1996.

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320 Sec. 280001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

TITLE XXVIII—SENTENCING

PROVISIONS

SEC. 280001. IMPOSITION OF SENTENCE.

Section 3553(a)(4) of title 18, United States Code, is amended

to read as follows:

‘‘(4) the kinds of sentence and the sentencing range estab-

lished for—

‘‘(A) the applicable category of offense committed by

the applicable category of defendant as set forth in the

guidelines issued by the Sentencing Commission pursuant

to section 994(a)(1) of title 28, United States Code, and

that are in effect on the date the defendant is sentenced;

‘‘(B) in the case of a violation of probation or super-

vised release, the applicable guidelines or policy state-

ments issued by the Sentencing Commission pursuant to

section 994(a)(3) of title 28, United States Code;’’.

SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS

OF PROBATION.

Section 3563(a)(3) of title 18, United States Code, is amended

by striking ‘‘possess illegal controlled substances’’ and inserting

‘‘unlawfully possess a controlled substance’’.

SEC. 280003. ø28 U.S.C. 994 note¿ DIRECTION TO UNITED STATES SEN-

TENCING COMMISSION REGARDING SENTENCING EN-

HANCEMENTS FOR HATE CRIMES.

(a) D

EFINITION

.—In this section, ‘‘hate crime’’ means a crime in

which the defendant intentionally selects a victim, or in the case

of a property crime, the property that is the object of the crime, be-

cause of the actual or perceived race, color, religion, national origin,

ethnicity, gender, gender identity, disability, or sexual orientation

of any person.

(b) S

ENTENCING

NHANCEMENT

.—Pursuant to section 994 of

title 28, United States Code, the United States Sentencing Com-

mission shall promulgate guidelines or amend existing guidelines

to provide sentencing enhancements of not less than 3 offense lev-

els for offenses that the finder of fact at trial determines beyond

a reasonable doubt are hate crimes. In carrying out this section,

the United States Sentencing Commission shall ensure that there

is reasonable consistency with other guidelines, avoid duplicative

punishments for substantially the same offense, and take into ac-

count any mitigating circumstances that might justify exceptions.

SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES

IN CERTAIN CASES.

Section 3561(a)(3) of title 18, United States Code, is amended

by inserting ‘‘that is not a petty offense’’ before the period.

SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SEN-

TENCING COMMISSION.

(a) E

STABLISHMENT OF

OSITIONS

.—Section 991 (a) of title 28,

United States Code, is amended—

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321 Sec. 290001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) in the second sentence by striking the period and in-

serting ‘‘and three of whom shall be designated by the Presi-

dent as Vice Chairs.’’;

(2) in the fourth sentence by striking the period and in-

serting ‘‘, and of the three Vice Chairs, no more than two shall

be members of the same political party.’’; and

(3) in the sixth sentence by striking ‘‘Chairman’’ and in-

serting ‘‘Chair, Vice Chairs,’’.

(b) T

ERMS AND

OMPENSATION

.—Section 992(c) of title 28,

United States Code, is amended—

(1) by amending the first sentence to read as follows: ‘‘The

Chair and Vice Chairs of the Commission shall hold full-time

positions and shall be compensated during their terms of office

at the annual rate at which judges of the United States courts

of appeals are compensated.’’;

(2) in the second sentence by striking ’’Chairman’’ and in-

serting ‘‘Chair and Vice Chairs’’; and

(3) in the third sentence by striking ‘‘Chairman’’ and in-

serting ‘‘Chair and Vice Chairs,’’.

ECHNICAL

MENDMENTS

.—Chapter 58 of title 28, United

States Code, is amended—

(1) by striking ‘‘Chairman’’ each place it appears and in-

serting ‘‘Chair’’;

(2) in the fifth sentence of section 991(a) by striking ‘‘his’’

and inserting ‘‘the Attorney General’s’’;

(3) in the fourth sentence of section 992(c) by striking ‘‘his’’

and inserting ‘‘the judge’s’’;

(4) in section 994(i)(2) by striking ‘‘he’’ and inserting ‘‘the

defendant’’ and striking ‘‘his’’ and inserting ‘‘the defendant’s’’;

and

(5) in section 996(a) by striking ‘‘him’’ and inserting ‘‘the

Staff Director’’.

SEC. 280006. COCAINE PENALTY STUDY.

Not later than December 31, 1994, the United States Sen-

tencing Commission shall submit a report to Congress on issues re-

lating to sentences applicable to offenses involving the possession

or distribution of all forms of cocaine. The report shall address the

differences in penalty levels that apply to different forms of cocaine

and include any recommendations that the Commission may have

for retention or modification of such differences in penalty levels.

TITLE XXIX—COMPUTER CRIME

SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

(a) ø18 U.S.C. 1001 note¿ S

HORT

ITLE

.—This subtitle may be

cited as the ‘‘Computer Abuse Amendments Act of 1994’’.

(b) P

ROHIBITION

.—Section 1030(a)(5) of title 18, United States

Code, is amended to read as follows:

‘‘(5)(A) through means of a computer used in interstate

commerce or communications, knowingly causes the trans-

mission of a program, information, code, or command to a com-

puter or computer system if—

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322 Sec. 290001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(i) the person causing the transmission intends that

such transmission will—

‘‘(I) damage, or cause damage to, a computer, com-

puter system, network, information, data, or program;

‘‘(II) withhold or deny, or cause the withholding or

denial, of the use of a computer, computer services,

system or network, information, data or program; and

‘‘(ii) the transmission of the harmful component of the

program, information, code, or command—

‘‘(I) occurred without the authorization of the per-

sons or entities who own or are responsible for the

computer system receiving the program, information,

code, or command; and

‘‘(II)(aa) causes loss or damage to one or more

other persons of value aggregating $1,000 or more

during any 1-year period; or

‘‘(bb) modifies or impairs, or potentially modifies

or impairs, the medical examination, medical diag-

nosis, medical treatment, or medical care of one or

more individuals; or

‘‘(B) through means of a computer used in interstate com-

merce or communication, knowingly causes the transmission of

a program, information, code, or command to a computer or

computer system—

‘‘(i) with reckless disregard of a substantial and un-

justifiable risk that the transmission will—

‘‘(I) damage, or cause damage to, a computer, com-

puter system, network, information, data or program;

‘‘(II) withhold or deny or cause the withholding or

denial of the use of a computer, computer services,

system, network, information, data or program; and

‘‘(ii) if the transmission of the harmful component of

the program, information, code, or command—

‘‘(I) occurred without the authorization of the per-

sons or entities who own or are responsible for the

computer system receiving the program, information,

code, or command; and

‘‘(II)(aa) causes loss or damage to one or more

other persons of a value aggregating $1,000 or more

during any 1-year period; or

‘‘(bb) modifies or impairs, or potentially modifies

or impairs, the medical examination, medical diag-

nosis, medical treatment, or medical care of one or

more individuals;’’.

ENALTY

.—Section 1030(c) of title 18, United States Code,

is amended—

(1) in paragraph (2)(B) by striking ‘‘and’’ after the semi-

colon;

(2) in paragraph (3)(A) by inserting ‘‘(A)’’ after ‘‘(a)(5)’’;

(3) in paragraph (3)(B) by striking the period at the end

thereof and inserting ‘‘; and’’; and

(4) by adding at the end the following new paragraph:

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323 Sec. 300002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(4) a fine under this title or imprisonment for not more

than 1 year, or both, in the case of an offense under subsection

(a)(5)(B).’’.

(d) C

IVIL

CTION

.—Section 1030 of title 18, United States

Code, is amended by adding at the end thereof the following new

subsection:

‘‘(g) Any person who suffers damage or loss by reason of a vio-

lation of the section, other than a violation of subsection (a)(5)(B),

may maintain a civil action against the violator to obtain compen-

satory damages and injunctive relief or other equitable relief. Dam-

ages for violations of any subsection other than subsection

(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic

damages. No action may be brought under this subsection unless

such action is begun within 2 years of the date of the act com-

plained of or the date of the discovery of the damage.’’.

(e) R

EPORTING

EQUIREMENTS

.—Section 1030 of title 18,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(h) The Attorney General and the Secretary of the Treasury

shall report to the Congress annually, during the first 3 years fol-

lowing the date of the enactment of this subsection, concerning in-

vestigations and prosecutions under section 1030(a)(5) of title 18,

United States Code.’’.

(f) P

ROHIBITION

.—Section 1030(a)(3) of title 18, United States

Code, is amended by inserting ‘‘adversely’’ before ‘‘affects the use

of the Government’s operation of such computer’’.

TITLE XXX—PROTECTION OF PRIVACY

OF INFORMATION IN STATE MOTOR

VEHICLE RECORDS

SEC. 300001. ø18 U.S.C. 2721 note¿ SHORT TITLE.

This title may be cited as the ‘‘Driver’s Privacy Protection Act

of 1994’’.

SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PER-

SONAL INFORMATION FROM STATE MOTOR VEHICLE

RECORDS.

(a) I

ENERAL

.—Title 18, United States Code, is amended by

inserting after chapter 121 the following new chapter:

‘‘CHAPTER 123—PROHIBITION ON RELEASE AND USE OF

CERTAIN PERSONAL INFORMATION FROM STATE MOTOR

VEHICLE RECORDS

‘‘§ 2721. Prohibition on release and use of certain personal

information from State motor vehicle records

‘‘(a) I

ENERAL

.—Except as provided in subsection (b), a State

department of motor vehicles, and any officer, employee, or con-

tractor, thereof, shall not knowingly disclose or otherwise make

available to any person or entity personal information about any

individual obtained by the department in connection with a motor

vehicle record.

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324 Sec. 300002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(b) P

ERMISSIBLE

SES

.—Personal information referred to in

subsection (a) shall be disclosed for use in connection with matters

of motor vehicle or driver safety and theft, motor vehicle emissions,

motor vehicle product alterations, recalls, or advisories, perform-

ance monitoring of motor vehicles and dealers by motor vehicle

manufacturers, and removal of non-owner records from the original

owner records of motor vehicle manufacturers to carry out the pur-

poses of the Automobile Information Disclosure Act, the Motor Ve-

hicle Information and Cost Saving Act, the National Traffic and

Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992,

and the Clean Air Act, and may be disclosed as follows:

‘‘(1) For use by any government agency, including any

court or law enforcement agency, in carrying out its functions,

or any private person or entity acting on behalf of a Federal,

State, or local agency in carrying out its functions.

‘‘(2) For use in connection with matters of motor vehicle or

driver safety and theft; motor vehicle emissions; motor vehicle

product alterations, recalls, or advisories; performance moni-

toring of motor vehicles, motor vehicle parts and dealers; motor

vehicle market research activities, including survey research;

and removal of non-owner records from the original owner

records of motor vehicle manufacturers.

‘‘(3) For use in the normal course of business by a legiti-

mate business or its agents, employees, or contractors, but

only—

‘‘(A) to verify the accuracy of personal information sub-

mitted by the individual to the business or its agents, em-

ployees, or contractors; and

‘‘(B) if such information as so submitted is not correct

or is no longer correct, to obtain the correct information,

but only for the purposes of preventing fraud by, pursuing

legal remedies against, or recovering on a debt or security

interest against, the individual.

‘‘(4) For use in connection with any civil, criminal, admin-

istrative, or arbitral proceeding in any Federal, State, or local

court or agency or before any self-regulatory body, including

the service of process, investigation in anticipation of litigation,

and the execution or enforcement of judgments and orders, or

pursuant to an order of a Federal, State, or local court.

‘‘(5) For use in research activities, and for use in producing

statistical reports, so long as the personal information is not

published, redisclosed, or used to contact individuals.

‘‘(6) For use by any insurer or insurance support organiza-

tion, or by a self-insured entity, or its agents, employees, or

contractors, in connection with claims investigation activities,

antifraud activities, rating or underwriting.

‘‘(7) For use in providing notice to the owners of towed or

impounded vehicles.

‘‘(8) For use by any licensed private investigative agency or

licensed security service for any purpose permitted under this

subsection.

‘‘(9) For use by an employer or its agent or insurer to ob-

tain or verify information relating to a holder of a commercial

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325 Sec. 300002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

driver’s license that is required under the Commercial Motor

Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.).

‘‘(10) For use in connection with the operation of private

toll transportation facilities.

‘‘(11) For any other use in response to requests for indi-

vidual motor vehicle records if the motor vehicle department

has provided in a clear and conspicuous manner on forms for

issuance or renewal of operator’s permits, titles, registrations,

or identification cards, notice that personal information col-

lected by the department may be disclosed to any business or

person, and has provided in a clear and conspicuous manner

on such forms an opportunity to prohibit such disclosures.

‘‘(12) For bulk distribution for surveys, marketing or solici-

tations if the motor vehicle department has implemented meth-

ods and procedures to ensure that—

‘‘(A) individuals are provided an opportunity, in a clear

and conspicuous manner, to prohibit such uses; and

‘‘(B) the information will be used, rented, or sold solely

for bulk distribution for surveys, marketing, and solicita-

tions, and that surveys, marketing, and solicitations will

not be directed at those individuals who have requested in

a timely fashion that they not be directed at them.

‘‘(13) For use by any requester, if the requester dem-

onstrates it has obtained the written consent of the individual

to whom the information pertains.

‘‘(14) For any other use specifically authorized under the

law of the State that holds the record, if such use is related

to the operation of a motor vehicle or public safety.

‘‘(c) R

ESALE OR

EDISCLOSURE

.—An authorized recipient of per-

sonal information (except a recipient under subsection (b)(11) or

(12)) may resell or redisclose the information only for a use per-

mitted under subsection (b) (but not for uses under subsection (b)

(11) or (12)). An authorized recipient under subsection (b)(11) may

resell or redisclose personal information for any purpose. An au-

thorized recipient under subsection (b)(12) may resell or redisclose

personal information pursuant to subsection (b)(12). Any author-

ized recipient (except a recipient under subsection (b)(11)) that re-

sells or rediscloses personal information covered by this title must

keep for a period of 5 years records identifying each person or enti-

ty that receives information and the permitted purpose for which

the information will be used and must make such records available

to the motor vehicle department upon request.

‘‘(d) W

AIVER

ROCEDURES

.—A State motor vehicle department

may establish and carry out procedures under which the depart-

ment or its agents, upon receiving a request for personal informa-

tion that does not fall within one of the exceptions in subsection

(b), may mail a copy of the request to the individual about whom

the information was requested, informing such individual of the re-

quest, together with a statement to the effect that the information

will not be released unless the individual waives such individual’s

right to privacy under this section.

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326 Sec. 300002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 2722. Additional unlawful acts

‘‘(a) P

ROCUREMENT FOR

NLAWFUL

URPOSE

.—It shall be un-

lawful for any person knowingly to obtain or disclose personal in-

formation, from a motor vehicle record, for any use not permitted

under section 2721(b) of this title.

‘‘(b) F

ALSE

EPRESENTATION

.—It shall be unlawful for any per-

son to make false representation to obtain any personal informa-

tion from an individual’s motor vehicle record.

‘‘§ 2723. Penalties

‘‘(a) C

RIMINAL

INE

.—A person who knowingly violates this

chapter shall be fined under this title.

‘‘(b) V

IOLATIONS BY

TATE

EPARTMENT OF

OTOR

EHICLES

.—

Any State department of motor vehicles that has a policy or prac-

tice of substantial noncompliance with this chapter shall be subject

to a civil penalty imposed by the Attorney General of not more

than $5,000 a day for each day of substantial noncompliance.

‘‘§ 2724. Civil action

‘‘(a) C

AUSE OF

CTION

.—A person who knowingly obtains, dis-

closes or uses personal information, from a motor vehicle record, for

a purpose not permitted under this chapter shall be liable to the

individual to whom the information pertains, who may bring a civil

action in a United States district court.

‘‘(b) R

EMEDIES

.—The court may award—

‘‘(1) actual damages, but not less than liquidated damages

in the amount of $2,500;

‘‘(2) punitive damages upon proof of willful or reckless dis-

regard of the law;

‘‘(3) reasonable attorneys’ fees and other litigation costs

reasonably incurred; and

‘‘(4) such other preliminary and equitable relief as the

court determines to be appropriate.

‘‘§ 2725. Definitions

‘‘In this chapter—

‘‘(1) ‘motor vehicle record’ means any record that pertains

to a motor vehicle operator’s permit, motor vehicle title, motor

vehicle registration, or identification card issued by a depart-

ment of motor vehicles;

‘‘(2) ‘person’ means an individual, organization or entity,

but does not include a State or agency thereof; and

‘‘(3) ‘personal information’ means information that identi-

fies an individual, including an individual’s photograph, social

security number, driver identification number, name, address

(but not the 5-digit zip code), telephone number, and medical

or disability information, but does not include information on

vehicular accidents, driving violations, and driver’s status.’’.

(b) C

LERICAL

MENDMENT

.—The table of parts at the begin-

ning of part I of title 18, United States Code, is amended by adding

at the end the following new item:

‘‘123. Prohibition on release and use of certain personal information from

State motor vehicle records ............................................................................... 2271’’

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327 Sec. 310001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 300003. ø18 U.S.C. 2721 note¿ EFFECTIVE DATE.

The amendments made by section 300002 shall become effec-

tive on the date that is 3 years after the date of enactment of this

Act. After the effective date, if a State has implemented a proce-

dure under section 2721(b) (11) and (12) of title 18, United States

Code, as added by section 2902, for prohibiting disclosures or uses

of personal information, and the procedure otherwise meets the re-

quirements of subsection (b) (11) and (12), the State shall be in

compliance with subsection (b) (11) and (12) even if the procedure

is not available to individuals until they renew their license, title,

registration or identification card, so long as the State provides

some other procedure for individuals to contact the State on their

own initiative to prohibit such uses or disclosures. Prior to the ef-

fective date, personal information covered by the amendment made

by section 300002 may be released consistent with State law or

practice.

TITLE XXXI—VIOLENT CRIME

REDUCTION TRUST FUND

SEC. 310001. ø34 U.S.C. 12631¿ CREATION OF VIOLENT CRIME REDUC-

TION TRUST FUND.

(a) V

IOLENT

RIME

EDUCTION

RUST

UND

.—There is estab-

lished a separate account in the Treasury, known as the ‘‘Violent

Crime Reduction Trust Fund’’ (referred to in this section as the

‘‘Fund’’) into which shall be transferred, in accordance with sub-

section (b), savings realized from implementation of section 5 of the

Federal Workforce Restructuring Act of 1994 (5 U.S.C. 3101 note;

Public Law 103–226).

(b) T

RANSFERS

NTO THE

UND

.—On the first day of the fol-

lowing fiscal years (or as soon thereafter as possible for fiscal year

1995), the following amounts shall be transferred from the general

fund to the Fund—

(1) for fiscal year 1995, $2,423,000,000;

(2) for fiscal year 1996, $4,287,000,000;

(3) for fiscal year 1997, $5,000,000,000;

(4) for fiscal year 1998, $5,500,000,000;

(5) for fiscal year 1999, $6,500,000,000; and

(6) for fiscal year 2000, $6,500,000,000.

PPROPRIATIONS

ROM THE

UND

.—(1) Amounts in the

Fund may be appropriated exclusively for the purposes authorized

in this Act and for those expenses authorized by any Act enacted

before this Act that are expressly qualified for expenditure from

the Fund.

(2) Amounts appropriated under paragraph (1) and outlays

flowing from such appropriations shall not be taken into account

for purposes of any budget enforcement procedures under the Bal-

anced Budget and Emergency Deficit Control Act of 1985 except

section 251A of that Act as added by subsection (g), or for purposes

of section 605(b) of the Congressional Budget Act of 1974. Amounts

of new budget authority and outlays under paragraph (1) that are

included in concurrent resolutions on the budget shall not be taken

into account for purposes of sections 601(b), 606(b), and 606(c) of

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328 Sec. 310001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

the Congressional Budget Act of 1974, or for purposes of section 24

of House Concurrent Resolution 218 (One Hundred Third Con-

gress).

(d) L

ISTING OF THE

UND

MONG

OVERNMENT

RUST

UNDS

.—Section 1321(a) of title 31, United States Code, is amend-

ed by inserting at the end the following new paragraph:

‘‘(91) Violent Crime Reduction Trust Fund.’’.

(e) R

EQUIREMENT FOR THE

RESIDENT

EPORT

NNUALLY

ON THE

TATUS OF THE

RUST

UND

.—Section 1105(a) of title 31,

United States Code, is amended by adding at the end the following

new paragraphs:

‘‘(30) information about the Violent Crime Reduction Trust

Fund, including a separate statement of amounts in that Trust

Fund.

‘‘(31) an analysis displaying, by agency, proposed reduc-

tions in full-time equivalent positions compared to the current

year’s level in order to comply with section 5 of the Federal

Workforce Restructuring Act of 1994.’’.

(f) A

LLOCATION AND

UBALLOCATION OF

MOUNTS IN THE

UND

.—

(1) I

N GENERAL

.—Section 602(a) of the Congressional

Budget Act of 1974 is amended—

(A) in paragraph (1)(A) by striking ‘‘and’’ at the end of

clause (ii), by striking the semicolon and inserting a

comma at the end of clause (iii), and by adding after clause

(iii) the following:

‘‘(iv) new budget authority from the Violent Crime

Reduction Trust Fund, and

‘‘(v) outlays from the Violent Crime Reduction

Trust Fund;’’;

(B) in paragraph (2) by striking ‘‘and’’ at the end of

subparagraph (B) and by adding after subparagraph (C)

the following:

‘‘(D) new budget authority from the Violent Crime Re-

duction Trust Fund; and

‘‘(E) outlays from the Violent Crime Reduction Trust

Fund;’’; and

‘‘(4) N

O DOUBLE COUNTING

.—Amounts allocated among

committees under clause (iv) or (v) of paragraph (1)(A) or

under subparagraph (D) or (E) of paragraph (2) shall not be in-

cluded within any other allocation under that paragraph.’’.

(2) F

ISCAL YEAR 1995

.—The chairman of the Committee on

the Budget shall submit to the House of Representatives or the

Senate, as the case may be, appropriately revised allocations

under clauses (iv) and (v) of paragraph (1)(A) or subparagraphs

(D) and (E) of paragraph (2) of section 602(a) of the Congres-

sional Budget Act of 1974 for fiscal year 1995 to carry out sub-

section (b)(1).

(g) V

IOLENT

RIME

EDUCTION

RUST

UND

EQUESTRATION

.—

(1) S

EQUESTRATION

.—Part C of the Balanced Budget and

Emergency Deficit Control Act of 1985 is amended by adding

after section 251 the following new section:

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329 Sec. 310001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME RE-

DUCTION TRUST FUND.

‘‘(a) S

EQUESTRATION

.—Within 15 days after Congress adjourns

to end a session, there shall be a sequestration to eliminate any

budgetary excess in the Violent Crime Reduction Trust Fund as de-

scribed in subsection (b).

‘‘(b) E

LIMINATING A

UDGETARY

XCESS

.—

‘‘(1) I

N GENERAL

.—Except as provided by paragraph (2),

appropriations from the Violent Crime Reduction Trust Fund

shall be reduced by a uniform percentage necessary to elimi-

nate any amount by which estimated outlays in the budget

year from the Fund exceed the following levels of outlays:

‘‘(A) For fiscal year 1995, $703,000,000.

‘‘(B) For fiscal year 1996, $2,334,000,000.

‘‘(C) For fiscal year 1997, $3,936,000,000.

‘‘(D) For fiscal year 1998, $4,904,000,000.

For fiscal year 1999, the comparable level for budgetary pur-

poses shall be deemed to be $5,639,000,000. For fiscal year

2000, the comparable level for budgetary purposes shall be

deemed to be $6,225,000,000.

‘‘(2) S

PECIAL OUTLAY ALLOWANCE

.—If estimated outlays

from the Fund for a fiscal year exceed the level specified in

paragraph (1) for that year, that level shall be increased by the

lesser of that excess or 0.5 percent of that level.

‘‘(c) L

OOK

-B

ACK

.—If, after June 30, an appropriation for the fis-

cal year in progress is enacted that causes a budgetary excess in

the Violent Crime Reduction Trust Fund as described in subsection

(b) for that year (after taking into account any sequestration of

amounts under this section), the level set forth in subsection (b) for

the next fiscal year shall be reduced by the amount of that excess.

‘‘(d) W

ITHIN

-S

ESSION

EQUESTRATION

.—If an appropriation for

a fiscal year in progress is enacted (after Congress adjourns to end

the session for the budget year and before July 1 of that fiscal year)

that causes a budgetary excess in the Violent Crime Reduction

Trust Fund as described in subsection (b) for that year (after tak-

ing into account any prior sequestration of amounts under this sec-

tion), 15 days later there shall be a sequestration to eliminate that

excess following the procedures set forth in subsection (b).

‘‘(e) P

ART

-Y

EAR

PPROPRIATIONS AND

OMB E

STIMATES

.—Para-

graphs (4) and (7) of section 251(a) shall apply to appropriations

from, and sequestration of amounts appropriated from, the Violent

Crime Reduction Trust Fund under this section in the same man-

ner as those paragraphs apply to discretionary appropriations and

sequestrations under that section.’’.

(2) R

EPORTS

.—Section 254(g) of the Balanced Budget and

Emergency Deficit Control Act of 1985 is amended by redesig-

nating paragraphs (4) and (5) as paragraphs (5) and (6), re-

spectively, and by inserting after paragraph (3) the following

new paragraph:

‘‘(4) R

EPORTS ON SEQUESTRATION TO REDUCE THE VIOLENT

CRIME REDUCTION TRUST FUND

.—The final reports shall set

forth for the budget year estimates for each of the following:

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330 Sec. 310003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(A) The amount of budget authority appropriated

from the Violent Crime Reduction Trust Fund and outlays

resulting from those appropriations.

‘‘(B) The sequestration percentage and reductions, if

any, required under section 251A.’’.

øSection 310002 repealed by section 10204(b) of Public Law

105–33, 111 Stat. 702.¿

SEC. 310003. ø34 U.S.C. 12632¿ EXTENSION OF AUTHORIZATIONS OF AP-

PROPRIATIONS FOR FISCAL YEARS FOR WHICH THE FULL

AMOUNT AUTHORIZED IS NOT APPROPRIATED.

If, in making an appropriation under any provision of this Act

or amendment made by this Act that authorizes the making of an

appropriation for a certain purpose for a certain fiscal year in a

certain amount, the Congress makes an appropriation for that pur-

pose for that fiscal year in a lesser amount, that provision or

amendment shall be considered to authorize the making of appro-

priations for that purpose for later fiscal years in an amount equal

to the difference between the amount authorized to be appropriated

and the amount that has been appropriated.

SEC. 310004. ø34 U.S.C. 12633¿ FLEXIBILITY IN MAKING OF APPROPRIA-

TIONS.

(a) F

EDERAL

NFORCEMENT

.—In the making of appropria-

tions under any provision of this Act or amendment made by this

Act that authorizes the making of an appropriation for a Federal

law enforcement program for a certain fiscal year in a certain

amount out of the Violent Crime Reduction Trust Fund, not to ex-

ceed 10 percent of that amount is authorized to be appropriated for

that fiscal year for any other Federal law enforcement program for

which appropriations are authorized by any other Federal law en-

forcement provision of this Act or amendment made by this Act.

The aggregate reduction in the authorization for any particular

Federal law enforcement program may not exceed 10 percent of the

total amount authorized to be appropriated from the Violent Crime

Reduction Trust Fund for that program in this Act or amendment

made by this Act.

(b) S

TATE AND

OCAL

NFORCEMENT

.—In the making of

appropriations under any provision of this Act or amendment made

by this Act that authorizes the making of an appropriation for a

State and local law enforcement program for a certain fiscal year

in a certain amount out of the Violent Crime Reduction Trust

Fund, not to exceed 10 percent of that amount is authorized to be

appropriated for that fiscal year for any other State and local law

enforcement program for which appropriations are authorized by

any other State and local law enforcement provision of this Act or

amendment made by this Act. The aggregate reduction in the au-

thorization for any particular State and local law enforcement pro-

gram may not exceed 10 percent of the total amount authorized to

be appropriated from the Violent Crime Reduction Trust Fund for

that program in this Act or amendment made by this Act.

REVENTION

.—In the making of appropriations under any

provision of this Act or amendment made by this Act that author-

izes the making of an appropriation for a prevention program for

a certain fiscal year in a certain amount out of the Violent Crime

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331 Sec. 310004 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

Reduction Trust Fund, not to exceed 10 percent of that amount is

authorized to be appropriated for that fiscal year for any other pre-

vention program for which appropriations are authorized by any

other prevention provision of this Act or amendment made by this

Act. The aggregate reduction in the authorization for any par-

ticular prevention program may not exceed 10 percent of the total

amount authorized to be appropriated from the Violent Crime Re-

duction Trust Fund for that program in this Act or amendment

made by this Act.

(d) D

EFINITIONS

.—In this section—‘‘Federal law enforcement

program’’ means a program authorized in any of the following sec-

tions:

(1) section 190001(a);

(2) section 190001(b);

(3) section 190001(c);

(4) section 190001(d);

(5) section 190001(e);

(6) section 320925;

(7) section 150008;

(8) section 220002;

(9) section 130002;

(10) section 130005;

(11) section 130006;

(12) section 130007;

(13) section 250005;

(14) sections 210303–210306;

(15) section 180104; and

(16) section 270009.

‘‘State and local law enforcement program’’ means a program

authorized in any of the following sections:

(1) sections 10001–10003;

(2) section 210201;

(3) section 210603;

(4) section 180101;

(5) section 180103;

(6) sections 31701–31708;

(7) section 210602;

(8) sections 30801–30802;

(9) section 210302;

(10) section 210501;

(11) section 210101;

(12) section 320930;

(13) sections 20101–20109;

(14) section 20301;

(15) section 32201; and

(16) section 20201.

‘‘prevention program’’ means a program authorized in any of

the following sections:

(1) section 50001;

(2) sections 30101–30104;

(3) sections 30201–30208;

(4) sections 30301–30307;

(5) sections 30401–30403;

(6) sections 30701–30702;

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As Amended Through P.L. 117-315, Enacted December 27, 2022

332 Sec. 320101 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(7) sections 31001–31002;

(8) sections 31101–31133;

(9) sections 31501–31505;

(10) sections 31901–31922;

(11) section 32001;

(12) section 32101;

(13) section 32401;

(14) section 40114;

(15) section 40121;

(16) section 40151;

(17) section 40152;

(18) section 40155;

(19) section 40156;

(20) section 313 of the Family Violence Prevention and

Services Act (relating to a hotline);

(21) section 40231;

(22) sections 301 through 312 of the Family Violence Pre-

vention and Services Act;

(23) section 40251;

(24) section 314 of the Family Violence Prevention and

Services Act (relating to community projects to prevent family

violence, domestic violence, and dating violence);

(25) section 40292;

(26) section 40293;

(27) section 40295;

(28) sections 40411–40414;

(29) sections 40421–40422;

(30) section 40506;

(31) sections 40601–40611; and

(32) section 24001.

TITLE XXXII—MISCELLANEOUS

Subtitle A—Increases in Penalties

SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

(a) C

ERTAIN

FFICERS AND

MPLOYEES

.—Section 111 of title

18, United States Code, is amended—

(1) in subsection (a) by inserting ‘‘, where the acts in viola-

tion of this section constitute only simple assault, be fined

under this title or imprisoned not more than one year, or both,

and in all other cases,’’ after ‘‘shall’’; and

(2) in subsection (b) by inserting ‘‘or inflicts bodily injury’’

after ‘‘weapon’’.

(b) F

OREIGN

FFICIALS

, O

FFICIAL

UESTS

AND

NTERNATION

ALLY

ROTECTED

ERSONS

.—Section 112(a) of title 18, United

States Code, is amended—

(1) by striking ‘‘not more than $5,000’’ and inserting

‘‘under this title’’;

(2) by inserting ‘‘, or inflicts bodily injury,’’ after ‘‘weapon’’;

and

(3) by striking ‘‘not more than $10,000’’ and inserting

‘‘under this title’’.

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333 Sec. 320103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ARITIME AND

ERRITORIAL

URISDICTION

.—Section 113 of

title 18, United States Code, is amended—

(1) in subsection (c)—

(A) by striking ‘‘of not more than $1,000’’ and inserting

‘‘under this title’’; and

(B) by striking ‘‘five’’ and inserting ‘‘ten’’; and

(2) in subsection (e)—

(A) by striking ‘‘of not more than $300’’ and inserting

‘‘under this title’’; and

(B) by striking ‘‘three’’ and inserting ‘‘six’’.

(d) C

ONGRESS

, C

ABINET

UPREME

OURT

.—Section 351(e) of

title 18, United States Code, is amended—

(1) by striking ‘‘not more than $5,000,’’ and inserting

‘‘under this title,’’;

(2) by inserting ‘‘the assault involved in the use of a dan-

gerous weapon, or’’ after ‘‘if’’;

(3) by striking ‘‘not more than $10,000’’ and inserting

‘‘under this title’’; and

(4) by striking ‘‘for’’.

(e) P

RESIDENT AND

RESIDENT

’

TAFF

.—Section 1751(e) of title

18, United States Code, is amended—

(1) by striking ‘‘not more than $10,000,’’ both places it ap-

pears and inserting ‘‘under this title,’’;

(2) by striking ‘‘not more than $5,000,’’ and inserting

‘‘under this title,’’; and

(3) by inserting ‘‘the assault involved the use of a dan-

gerous weapon, or’’ after ‘‘if’’.

SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

Section 1112 of title 18, United States Code, is amended—

(1) in subsection (b)—

(A) by inserting ‘‘fined under this title or’’ after ‘‘shall

be’’ in the first undesignated paragraph; and

(B) by inserting ‘‘, or both’’ after ‘‘years’’;

(2) by striking ‘‘not more than $1,000’’ and inserting

‘‘under this title’’; and

(3) by striking ‘‘three’’ and inserting ‘‘six’’.

SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

(a) C

ONSPIRACY

GAINST

IGHTS

.—Section 241 of title 18,

United States Code, is amended—

(1) by striking ‘‘not more than $10,000’’ and inserting

‘‘under this title’’;

(2) by inserting ‘‘from the acts committed in violation of

this section or if such acts include kidnapping or an attempt

to kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill’’ after ‘‘results’’;

(3) by striking ‘‘subject to imprisonment’’ and inserting

‘‘fined under this title or imprisoned’’; and

(4) by inserting ‘‘, or both’’ after ‘‘life’’.

(b) D

EPRIVATION OF

IGHTS

.—Section 242 of title 18, United

States Code, is amended—

(1) by striking ‘‘not more than $1,000’’ and inserting

‘‘under this title’’;

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334 Sec. 320103 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(2) by inserting ‘‘from the acts committed in violation of

this section or if such acts include the use, attempted use, or

threatened use of a dangerous weapon, explosives, or fire,’’

after ‘‘bodily injury results’’;

(3) by inserting ‘‘from the acts committed in violation of

this section or if such acts include kidnapping or an attempt

to kidnap, aggravated sexual abuse, or an attempt to commit

aggravated sexual abuse, or an attempt to kill, shall be fined

under this title, or’’ after ‘‘death results’’;

(4) by striking ‘‘shall be subject to imprisonment’’ and in-

serting ‘‘imprisoned’’; and

(5) by inserting ‘‘, or both’’ after ‘‘life’’.

EDERALLY

ROTECTED

CTIVITIES

.—Section 245(b) of title

18, United States Code, is amended in the matter following para-

graph (5)—

(1) by striking ‘‘not more than $1,000’’ and inserting

‘‘under this title’’;

(2) by inserting ‘‘from the acts committed in violation of

this section or if such acts include the use, attempted use, or

threatened use of a dangerous weapon, explosives, or fire’’ after

‘‘bodily injury results;

(3) by striking ‘‘not more than $10,000’’ and inserting

‘‘under this title’’;

(4) by inserting ‘‘from the acts committed in violation of

this section or if such acts include kidnapping or an attempt

to kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill,’’ after ‘‘death

results’’;

(5) by striking ‘‘subject to imprisonment’’ and inserting

‘‘fined under this title or imprisoned’’; and

(6) by inserting ‘‘, or both’’ after ‘‘life’’.

(d) D

AMAGE TO

ELIGIOUS

ROPERTY

.—Section 247 of title 18,

United States Code, is amended—

(1) in subsection (c)(1) by inserting ‘‘from acts committed

in violation of this section or if such acts include kidnapping

or an attempt to kidnap, aggravated sexual abuse or an at-

tempt to commit aggravated sexual abuse, or an attempt to

kill’’ after ‘‘death results’’;

(2) in subsection (c)(2)—

(A) by striking ‘‘serious’’; and

(B) by inserting ‘‘from the acts committed in violation

of this section or if such acts include the use, attempted

use, or threatened use of a dangerous weapon, explosives,

or fire’’ after ‘‘bodily injury results’’; and

(3) by amending subsection (e) to read as follows:

‘‘(e) As used in this section, the term ‘religious property’ means

any church, synagogue, mosque, religious cemetery, or other reli-

gious property.’’.

(e) F

AIR

OUSING

.—Section 901 of the Fair Housing Act

(42 U.S.C. 3631) is amended—

(1) in the caption by striking ‘‘bodily injury; death;’’;

(2) by striking ‘‘not more than $1,000,’’ and inserting

‘‘under this title’’;

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335 Sec. 320106 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) by inserting ‘‘from the acts committed in violation of

this section or if such acts include the use, attempted use, or

threatened use of a dangerous weapon, explosives, or fire’’ after

‘‘bodily injury results’’;

(4) by striking ‘‘not more than $10,000,’’ and inserting

‘‘under this title’’;

(5) by inserting ‘‘from the acts committed in violation of

this section or if such acts include kidnapping or an attempt

to kidnap, aggravated sexual abuse or an attempt to commit

aggravated sexual abuse, or an attempt to kill,’’ after ‘‘death

results’’;

(6) by striking ‘‘subject to imprisonment’’ and inserting

‘‘fined under this title or imprisoned’’; and

(7) by inserting ‘‘, or both’’ after ‘‘life’’.

SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS

AND SERVICES.

(a) I

ENERAL

.—Section 2320(a) of title 18, United States

Code, is amended—

(1) in the first sentence—

(A) by striking ‘‘$250,000 or imprisoned not more than

five years’’ and inserting ‘‘$2,000,000 or imprisoned not

more than 10 years’’; and

(B) by striking ‘‘$1,000,000’’ and inserting

‘‘$5,000,000’’; and

(2) in the second sentence—

(A) by striking ‘‘$1,000,000 or imprisoned not more

than fifteen years’’ and inserting ‘‘$5,000,000 or impris-

oned not more than 20 years’’; and

(B) by striking ‘‘$5,000,000’’ and inserting

‘‘$15,000,000’’.

(b) L

AUNDERING

ONETARY

NSTRUMENTS

.—Section

1956(c)(7)(D) of title 18, United States Code, is amended by strik-

ing ‘‘or section 2319 (relating to copyright infringement),’’ and in-

serting ‘‘section 2319 (relating to copyright infringement), or sec-

tion 2320 (relating to trafficking in counterfeit goods and serv-

ices),’’.

SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT

MURDER FOR HIRE.

Section 1958(a) of title 18, United States Code, is amended by

inserting ‘‘or who conspires to do so’’ before ‘‘shall be fined’’ the first

place it appears.

SEC. 320106. INCREASED PENALTIES FOR ARSON.

Section 844 of title 18, United States Code, is amended—

(1) in subsection (f)—

(A) by striking ‘‘not more than ten years, or fined not

more than $10,000’’ and inserting ‘‘not more than 20 years,

fined the greater of the fine under this title or the cost of

repairing or replacing any property that is damaged or de-

stroyed,’’; and

(B) by striking ‘‘not more than twenty years, or fined

not more than $10,000’’ and inserting ‘‘not more than 40

years, fined the greater of the fine under this title or the

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336 Sec. 320107 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

cost of repairing or replacing any property that is damaged

or destroyed,’’;

(2) in subsection (h)—

(A) in the first sentence by striking ‘‘five years’’ and

inserting ‘‘5 years but not more than 15 years’’; and

(B) in the second sentence by striking ‘‘ten years’’ and

inserting ‘‘10 years but not more than 25 years’’; and

(3) in subsection (i)—

(A) by striking ‘‘not more than ten years or fined not

more than $10,000’’ and inserting ‘‘not more than 20 years,

fined the greater of the fine under this title or the cost of

repairing or replacing any property that is damaged or de-

stroyed,’’; and

(B) by striking ‘‘not more than twenty years or fined

not more than $20,000’’ and inserting ‘‘not more than 40

years, fined the greater of the fine under this title or the

cost of repairing or replacing any property that is damaged

or destroyed,’’.

SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR

PUBLIC HOUSING.

Section 419 of the Controlled Substances Act (21 U.S.C. 860)

is amended—

(1) in subsection (a) by striking ‘‘playground, or within’’

and inserting ‘‘playground, or housing facility owned by a pub-

lic housing authority, or within’’; and

(2) in subsection (b) by striking ‘‘playground, or within’’

and inserting ‘‘playground, or housing facility owned by a pub-

lic housing authority, or within’’.

SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO

THE INTRODUCTION OF NONINDIGENOUS SPECIES.

(a) ø34 U.S.C. 12641¿ T

ASK

ORCE

.—

(1) I

N GENERAL

.—The Attorney General is authorized to

convene a law enforcement task force in Hawaii to facilitate

the prosecution of violations of Federal laws, and laws of the

State of Hawaii, relating to the wrongful conveyance, sale, or

introduction of nonindigenous plant and animal species.

(2) M

EMBERSHIP

.—(A) The task force shall be composed of

representatives of—

(i) the Office of the United States Attorney for the Dis-

trict of Hawaii;

(ii) the United States Customs Service;

(iii) the Animal and Plant Health Inspection Service;

(iv) the Fish and Wildlife Service;

(v) the National Park Service;

(vi) the United States Forest Service;

(vii) the Military Customs Inspection Office of the De-

partment of Defense;

(viii) the United States Postal Service;

(ix) the office of the Attorney General of the State of

Hawaii;

(x) the Hawaii Department of Agriculture;

(xi) the Hawaii Department of Land and Natural Re-

sources; and

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337 Sec. 320108 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(xii) such other individuals as the Attorney General

deems appropriate.

(B) The Attorney General shall, to the extent practicable,

select individuals to serve on the task force who have experi-

ence with the enforcement of laws relating to the wrongful con-

veyance, sale, or introduction of nonindigenous plant and ani-

mal species.

(3) D

UTIES

.—The task force shall—

(A) facilitate the prosecution of violations of Federal

and State laws relating to the conveyance, sale, or intro-

duction of nonindigenous plant and animal species into

Hawaii; and

(B) make recommendations on ways to strengthen

Federal and State laws and law enforcement strategies de-

signed to prevent the introduction of nonindigenous plant

and animal species.

(4) R

EPORT

.—The task force shall report to the Attorney

General, the Secretary of Agriculture, the Secretary of the In-

terior, and to the Committee on the Judiciary and Committee

on Agriculture, Nutrition, and Forestry of the Senate and the

Committee on the Judiciary, Committee on Agriculture, and

Committee on Merchant Marine and Fisheries of the House of

Representatives on—

(A) the progress of its enforcement efforts; and

(B) the adequacy of existing Federal laws and laws of

the State of Hawaii that relate to the introduction of non-

indigenous plant and animal species.

Thereafter, the task force shall make such reports as the task

force deems appropriate.

(5) C

ONSULTATION

.—The task force shall consult with Ha-

waii agricultural interests and representatives of Hawaii con-

servation organizations about methods of preventing the

wrongful conveyance, sale, or introduction of nonindigenous

plant and animal species into Hawaii.

(b) C

RIMINAL

ENALTY

.—

(1) I

N GENERAL

.—Chapter 83 of title 18, United States

Code, is amended by inserting after section 1716C the fol-

lowing new section:

‘‘§ 1716D. Nonmailable injurious animals, plant pests, plants,

and illegally taken fish, wildlife, and plants

‘‘A person who knowingly deposits for mailing or delivery, or

knowingly causes to be delivered by mail, according to the direction

thereon, or at any place at which it is directed to be delivered by

the person to whom it is addressed, anything that section 3015 of

title 39 declares to be nonmailable matter shall be fined under this

title, imprisoned not more than 1 year, or both.’’.

(2) T

ECHNICAL AMENDMENT

.—The chapter analysis for

chapter 83 of title 18, United States Code, is amended by in-

serting after the item relating to section 1716C the following

new item:

‘‘1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish,

wildlife, and plants.’’.

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338 Sec. 320109 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

So in law. There is no opening quotation mark.

SEC. 320109. MILITARY MEDALS AND DECORATIONS.

Section 704 of title 18, United States Code, is amended—

(1) by striking ‘‘Whoever’’ and inserting

(a) I

ERAL

.—Whoever’’;

(2) by striking ‘‘not more than $250’’ and inserting ‘‘under

this title’’; and

(3) by adding at the end the following new subsection:

‘‘(b) C

ONGRESSIONAL

EDAL OF

ONOR

.—

‘‘(1) I

N GENERAL

.—If a decoration or medal involved in an

offense under subsection (a) is a Congressional Medal of Honor,

in lieu of the punishment provided in that subsection, the of-

fender shall be fined under this title, imprisoned not more than

1 year, or both.

‘‘(2) D

EFINITIONS

.—(A) As used in subsection (a) with re-

spect to a Congressional Medal of Honor, ‘sells’ includes trades,

barters, or exchanges for anything of value.

‘‘(B) As used in this subsection, ‘Congressional Medal of

Honor’ means a medal awarded under section 3741 of title 10.’’.

Subtitle B—Extension of Protection of

Civil Rights Statutes

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

(a) C

ONSPIRACY

GAINST

IGHTS

.—Section 241 of title 18,

United States Code, is amended by striking ‘‘inhabitant of’’ and in-

serting ‘‘person in’’.

(b) D

EPRIVATION OF

IGHTS

NDER

OLOR OF

.—Section

242 of title 18, United States Code, is amended—

(1) by striking ‘‘inhabitant of’’ and inserting ‘‘person in’’;

and

(2) by striking ‘‘such inhabitant’’ and inserting ‘‘such per-

son’’.

Subtitle C—Audit and Report

SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW EN-

FORCEMENT AGENCIES RECEIVING FEDERAL ASSET FOR-

FEITURE FUNDS.

(a) S

TATE

EQUIREMENT

.—Section 524(c)(7) of title 28, United

States Code, is amended to read as follows:

‘‘(7)(A) The Fund shall be subject to annual audit by the

Comptroller General.

‘‘(B) The Attorney General shall require that any State or

local law enforcement agency receiving funds conduct an an-

nual audit detailing the uses and expenses to which the funds

were dedicated and the amount used for each use or expense

and report the results of the audit to the Attorney General.’’.

(b) I

NCLUSION IN

TTORNEY

ENERAL

’

EPORT

.—Section

524(c)(6)(C) of title 28, United States Code, is amended by adding

at the end the following flush sentence: ‘‘The report should also

contain all annual audit reports from State and local law enforce-

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339 Sec. 320601 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ment agencies required to be reported to the Attorney General

under subparagraph (B) of paragraph (7).’’.

SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND CON-

TRACTING EXPENSES.

Section 524(c)(6) of title 28, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) a report for such fiscal year containing a description

of the administrative and contracting expenses paid from the

Fund under paragraph (1)(A).’’.

Subtitle D—Coordination

SEC. 320401. ø34 U.S.C. 12642¿ COORDINATION OF SUBSTANCE ABUSE

TREATMENT AND PREVENTION PROGRAMS.

The Attorney General shall consult with the Secretary of the

Department of Health and Human Services in establishing and car-

rying out the substance abuse treatment and prevention compo-

nents of the programs authorized under this Act, to assure coordi-

nation of programs, eliminate duplication of efforts and enhance

the effectiveness of such services.

Subtitle E—Gambling

SEC. 320501. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHI-

BITION AGAINST GAMBLING ON SHIPS IN INTER-

NATIONAL WATERS.

The paragraph of section 1081 of title 18, United States Code,

defining the term ‘‘gambling ship’’ is amended by adding at the end

the following: ‘‘Such term does not include a vessel with respect to

gambling aboard such vessel beyond the territorial waters of the

United States during a covered voyage (as defined in section 4472

of the Internal Revenue Code of 1986 as in effect on January 1,

1994).’’.

Subtitle F—White Collar Crime

Amendments

SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAP-

PING.

(a) P

ROCEEDS OF

XTORTION

.—Chapter 41 of title 18, United

States Code, is amended—

(1) by adding at the end the following new section:

‘‘§ 880. Receiving the proceeds of extortion

‘‘A person who receives, possesses, conceals, or disposes of any

money or other property which was obtained from the commission

of any offense under this chapter that is punishable by imprison-

ment for more than 1 year, knowing the same to have been unlaw-

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340 Sec. 320602 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

fully obtained, shall be imprisoned not more than 3 years, fined

under this title, or both.’’; and

(2) in the table of sections, by adding at the end the fol-

lowing new item:

‘‘880. Receiving the proceeds of extortion.’’.

(b) R

ANSOM

ONEY

.—Section 1202 of title 18, United States

Code, is amended—

(1) by designating the existing matter as subsection ‘‘(a)’’;

and

(2) by adding the following new subsections:

‘‘(b) A person who transports, transmits, or transfers in inter-

state or foreign commerce any proceeds of a kidnapping punishable

under State law by imprisonment for more than 1 year, or receives,

possesses, conceals, or disposes of any such proceeds after they

have crossed a State or United States boundary, knowing the pro-

ceeds to have been unlawfully obtained, shall be imprisoned not

more than 10 years, fined under this title, or both.

‘‘(c) For purposes of this section, the term ‘State’ has the mean-

ing set forth in section 245(d) of this title.’’.

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

Section 2114 of title 18, United States Code, is amended—

(1) by striking ‘‘whoever’’ and inserting:

‘‘(a) A

SSAULT

.—A person who’’; and

(2) by adding at the end the following new subsection:

‘‘(b) R

ECEIPT

, P

OSSESSION

, C

ONCEALMENT

ISPOSAL OF

ROPERTY

.—A person who receives, possesses, conceals, or disposes

of any money or other property that has been obtained in violation

of this section, knowing the same to have been unlawfully obtained,

shall be imprisoned not more than 10 years, fined under this title,

or both.’’.

SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE

BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT

INTERSTATE COMMERCE.

(a) I

ENERAL

.—Chapter 47 of title 18, United States Code,

is amended by adding at the end the following new sections:

‘‘§ 1033. Crimes by or affecting persons engaged in the busi-

ness of insurance whose activities affect interstate

commerce

‘‘(a)(1) Whoever is engaged in the business of insurance whose

activities affect interstate commerce and knowingly, with the in-

tent to deceive, makes any false material statement or report or

willfully and materially overvalues any land, property or security—

‘‘(A) in connection with any financial reports or documents

presented to any insurance regulatory official or agency or an

agent or examiner appointed by such official or agency to ex-

amine the affairs of such person, and

‘‘(B) for the purpose of influencing the actions of such offi-

cial or agency or such an appointed agent or examiner,

shall be punished as provided in paragraph (2).

‘‘(2) The punishment for an offense under paragraph (1) is a

fine as established under this title or imprisonment for not more

than 10 years, or both, except that the term of imprisonment shall

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be not more than 15 years if the statement or report or overvaluing

of land, property, or security jeopardized the safety and soundness

of an insurer and was a significant cause of such insurer being

placed in conservation, rehabilitation, or liquidation by an appro-

priate court.

‘‘(b)(1) Whoever—

‘‘(A) acting as, or being an officer, director, agent, or em-

ployee of, any person engaged in the business of insurance

whose activities affect interstate commerce, or

‘‘(B) is engaged in the business of insurance whose activi-

ties affect interstate commerce or is involved (other than as an

insured or beneficiary under a policy of insurance) in a trans-

action relating to the conduct of affairs of such a business,

willfully embezzles, abstracts, purloins, or misappropriates any of

the moneys, funds, premiums, credits, or other property of such

person so engaged shall be punished as provided in paragraph (2).

‘‘(2) The punishment for an offense under paragraph (1) is a

fine as provided under this title or imprisonment for not more than

10 years, or both, except that if such embezzlement, abstraction,

purloining, or misappropriation described in paragraph (1) jeopard-

ized the safety and soundness of an insurer and was a significant

cause of such insurer being placed in conservation, rehabilitation,

or liquidation by an appropriate court, such imprisonment shall be

not more than 15 years. If the amount or value so embezzled, ab-

stracted, purloined, or misappropriated does not exceed $5,000,

whoever violates paragraph (1) shall be fined as provided in this

title or imprisoned not more than one year, or both.

‘‘(c)(1) Whoever is engaged in the business of insurance and

whose activities affect interstate commerce or is involved (other

than as an insured or beneficiary under a policy of insurance) in

a transaction relating to the conduct of affairs of such a business,

knowingly makes any false entry of material fact in any book, re-

port, or statement of such person engaged in the business of insur-

ance with intent to deceive any person, including any officer, em-

ployee, or agent of such person engaged in the business of insur-

ance, any insurance regulatory official or agency, or any agent or

examiner appointed by such official or agency to examine the af-

fairs of such person, about the financial condition or solvency of

such business shall be punished as provided in paragraph (2).

‘‘(2) The punishment for an offense under paragraph (1) is a

fine as provided under this title or imprisonment for not more than

10 years, or both, except that if the false entry in any book, report,

or statement of such person jeopardized the safety and soundness

of an insurer and was a significant cause of such insurer being

placed in conservation, rehabilitation, or liquidation by an appro-

priate court, such imprisonment shall be not more than 15 years.

‘‘(d) Whoever, by threats or force or by any threatening letter

or communication, corruptly influences, obstructs, or impedes or

endeavors corruptly to influence, obstruct, or impede the due and

proper administration of the law under which any proceeding in-

volving the business of insurance whose activities affect interstate

commerce is pending before any insurance regulatory official or

agency or any agent or examiner appointed by such official or agen-

cy to examine the affairs of a person engaged in the business of in-

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342 Sec. 320603 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

surance whose activities affect interstate commerce, shall be fined

as provided in this title or imprisoned not more than 10 years, or

both.

‘‘(e)(1)(A) Any individual who has been convicted of any crimi-

nal felony involving dishonesty or a breach of trust, or who has

been convicted of an offense under this section, and who willfully

engages in the business of insurance whose activities affect inter-

state commerce or participates in such business, shall be fined as

provided in this title or imprisoned not more than 5 years, or both.

‘‘(B) Any individual who is engaged in the business of insur-

ance whose activities affect interstate commerce and who willfully

permits the participation described in subparagraph (A) shall be

fined as provided in this title or imprisoned not more than 5 years,

or both.

‘‘(2) A person described in paragraph (1)(A) may engage in the

business of insurance or participate in such business if such person

has the written consent of any insurance regulatory official author-

ized to regulate the insurer, which consent specifically refers to

this subsection.

‘‘(f) As used in this section—

‘‘(1) the term ‘business of insurance’ means—

‘‘(A) the writing of insurance, or

‘‘(B) the reinsuring of risks,

by an insurer, including all acts necessary or incidental to such

writing or reinsuring and the activities of persons who act as,

or are, officers, directors, agents, or employees of insurers or

who are other persons authorized to act on behalf of such per-

sons;

‘‘(2) the term ‘insurer’ means any entity the business activ-

ity of which is the writing of insurance or the reinsuring of

risks, and includes any person who acts as, or is, an officer, di-

rector, agent, or employee of that business;

‘‘(3) the term ‘interstate commerce’ means—

‘‘(A) commerce within the District of Columbia, or any

territory or possession of the United States;

‘‘(B) all commerce between any point in the State, ter-

ritory, possession, or the District of Columbia and any

point outside thereof;

‘‘(C) all commerce between points within the same

State through any place outside such State; or

‘‘(D) all other commerce over which the United States

has jurisdiction; and

‘‘(4) the term ‘State’ includes any State, the District of Co-

lumbia, the Commonwealth of Puerto Rico, the Northern Mar-

iana Islands, the Virgin Islands, American Samoa, and the

Trust Territory of the Pacific Islands.

‘‘§ 1034. Civil penalties and injunctions for violations of sec-

tion 1033

‘‘(a) The Attorney General may bring a civil action in the ap-

propriate United States district court against any person who en-

gages in conduct constituting an offense under section 1033 and,

upon proof of such conduct by a preponderance of the evidence,

such person shall be subject to a civil penalty of not more than

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343 Sec. 320604 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

$50,000 for each violation or the amount of compensation which the

person received or offered for the prohibited conduct, whichever

amount is greater. If the offense has contributed to the decision of

a court of appropriate jurisdiction to issue an order directing the

conservation, rehabilitation, or liquidation of an insurer, such pen-

alty shall be remitted to the appropriate regulatory official for the

benefit of the policyholders, claimants, and creditors of such in-

surer. The imposition of a civil penalty under this subsection does

not preclude any other criminal or civil statutory, common law, or

administrative remedy, which is available by law to the United

States or any other person.

‘‘(b) If the Attorney General has reason to believe that a person

is engaged in conduct constituting an offense under section 1033,

the Attorney General may petition an appropriate United States

district court for an order prohibiting that person from engaging in

such conduct. The court may issue an order prohibiting that person

from engaging in such conduct if the court finds that the conduct

constitutes such an offense. The filing of a petition under this sec-

tion does not preclude any other remedy which is available by law

to the United States or any other person.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections for chapter

47 of such title is amended by adding at the end the following new

items:

‘‘1033. Crimes by or affecting persons engaged in the business of insurance whose

activities affect interstate commerce.

‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.

SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED

STATES CODE.

(a) T

AMPERING

ITH

NSURANCE

EGULATORY

ROCEEDINGS

.—

Section 1515(a)(1) of title 18, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (B);

(2) by inserting ‘‘or’’ at the end of subparagraph (C); and

(3) by adding at the end thereof the following new sub-

paragraph:

‘‘(D) a proceeding involving the business of insurance

whose activities affect interstate commerce before any in-

surance regulatory official or agency or any agent or exam-

iner appointed by such official or agency to examine the af-

fairs of any person engaged in the business of insurance

whose activities affect interstate commerce; or’’.

(b) L

IMITATIONS

.—Section 3293 of such title is amended by in-

serting ‘‘1033,’’ after ‘‘1014,’’.

BSTRUCTION OF

RIMINAL

NVESTIGATIONS

.—Section 1510

of title 18, United States Code, is amended by adding at the end

the following new subsection:

‘‘(d)(1) Whoever—

‘‘(A) acting as, or being, an officer, director, agent or em-

ployee of a person engaged in the business of insurance whose

activities affect interstate commerce, or

‘‘(B) is engaged in the business of insurance whose activi-

ties affect interstate commerce or is involved (other than as an

insured or beneficiary under a policy of insurance) in a trans-

action relating to the conduct of affairs of such a business,

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344 Sec. 320605 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

with intent to obstruct a judicial proceeding, directly or indirectly

notifies any other person about the existence or contents of a sub-

poena for records of that person engaged in such business or infor-

mation that has been furnished to a Federal grand jury in response

to that subpoena, shall be fined as provided by this title or impris-

oned not more than 5 years, or both.

‘‘(2) As used in paragraph (1), the term ‘subpoena for records’

means a Federal grand jury subpoena for records that has been

served relating to a violation of, or a conspiracy to violate, section

1033 of this title.’’.

SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.

Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C.

1829(a)) is amended in paragraph (2)(A)(i)(I)—

(1) by striking ‘‘or 1956’’; and

(2) by inserting ‘‘1517, 1956, or 1957’’.

SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS.

Section 205(d) of the Federal Credit Union Act (12 U.S.C.

1785(d)) is amended to read as follows:

‘‘(d) P

ROHIBITION

.—

‘‘(1) I

N GENERAL

.—Except with prior written consent of the

Board—

‘‘(A) any person who has been convicted of any crimi-

nal offense involving dishonesty or a breach of trust, or

has agreed to enter into a pretrial diversion or similar pro-

gram in connection with a prosecution for such offense,

may not—

‘‘(i) become, or continue as, an institution-affili-

ated party with respect to any insured credit union; or

‘‘(ii) otherwise participate, directly or indirectly, in

the conduct of the affairs of any insured credit union;

and

‘‘(B) any insured credit union may not permit any per-

son referred to in subparagraph (A) to engage in any con-

duct or continue any relationship prohibited under such

subparagraph.

‘‘(2) M

INIMUM 10

YEAR PROHIBITION PERIOD FOR CERTAIN

OFFENSES

.—

‘‘(A) I

N GENERAL

.—If the offense referred to in para-

graph (1)(A) in connection with any person referred to in

such paragraph is—

‘‘(i) an offense under—

‘‘(I) section 215, 656, 657, 1005, 1006, 1007,

1008, 1014, 1032, 1344, 1517, 1956, or 1957 of

title 18, United States Code; or

‘‘(II) section 1341 or 1343 of such title which

affects any financial institution (as defined in sec-

tion 20 of such title); or

‘‘(ii) the offense of conspiring to commit any such

offense,

the Board may not consent to any exception to the applica-

tion of paragraph (1) to such person during the 10-year pe-

riod beginning on the date the conviction or the agreement

of the person becomes final.

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345 Sec. 320701 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(B) E

XCEPTION BY ORDER OF SENTENCING COURT

.—

‘‘(i) I

N GENERAL

.—On motion of the Board, the

court in which the conviction or the agreement of a

person referred to in subparagraph (A) has been en-

tered may grant an exception to the application of

paragraph (1) to such person if granting the exception

is in the interest of justice.

‘‘(ii) P

ERIOD FOR FILING

.—A motion may be filed

under clause (i) at any time during the 10-year period

described in subparagraph (A) with regard to the per-

son on whose behalf such motion is made.

‘‘(3) P

ENALTY

.—Whoever knowingly violates paragraph (1)

or (2) shall be fined not more than $1,000,000 for each day

such prohibition is violated or imprisoned for not more than 5

years, or both.’’.

SEC. 320607. ADDITION OF PREDICATE OFFENSES TO FINANCIAL IN-

STITUTIONS REWARDS STATUTE.

Section 3059A of title 18, United States Code, is amended—

(1) by inserting ‘‘225,’’ after ‘‘215’’;

(2) by striking ‘‘or’’ before ‘‘1344’’; and

(3) by inserting ‘‘, or 1517’’ after ‘‘1344’’.

SEC. 320608. DEFINITION OF ‘‘SAVINGS AND LOAN ASSOCIATION’’ FOR

PURPOSES OF THE OFFENSE OF BANK ROBBERY AND RE-

LATED OFFENSES.

Section 2113 of title 18, United States Code, is amended by

adding at the end the following new subsection:

‘‘(h) As used in this section, the term ‘savings and loan associa-

tion’ means—

‘‘(1) a Federal savings association or State savings associa-

tion (as defined in section 3(b) of the Federal Deposit Insur-

ance Act (12 U.S.C. 1813(b))) having accounts insured by the

Federal Deposit Insurance Corporation; and

‘‘(2) a corporation described in section 3(b)(1)(C) of the Fed-

eral Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that is op-

erating under the laws of the United States.’’.

SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE

OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT.

Section 1516(b) of title 18, United States Code, is amended—

(1) by striking ‘‘section the term’’ and inserting ‘‘section—

‘‘(1) the term’’;

(2) by striking the period at the end and inserting a semi-

colon; and

(3) by adding at the end the following new paragraph:

‘‘(2) the term ‘in any 1 year period’ has the meaning given

to the term ‘in any one-year period’ in section 666.’’.

Subtitle G—Safer Streets and

Neighborhoods

SEC. 320701. SHORT TITLE.

This subtitle may be cited as the ‘‘Safer Streets and Neighbor-

hoods Act of 1994’’.

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346 Sec. 320702 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320702. LIMITATION ON GRANT DISTRIBUTION.

(a) A

MENDMENT

.—Section 510(b) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is

amended by inserting ‘‘non-Federal’’ after ‘‘with’’.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on October 1, 1994.

Subtitle H—Recreational Hunting Safety

SEC. 320801. ø16 U.S.C. 5201 note¿ SHORT TITLE.

This subtitle may be cited as the ‘‘Recreational Hunting Safety

and Preservation Act of 1994’’.

SEC. 320802. ø16 U.S.C. 5201¿ OBSTRUCTION OF A LAWFUL HUNT.

It is a violation of this section intentionally to engage in any

physical conduct that significantly hinders a lawful hunt.

SEC. 320803. ø16 U.S.C. 5202¿ CIVIL PENALTIES.

(a) I

ENERAL

.—A person who violates section 320802 shall

be assessed a civil penalty in an amount computed under sub-

section (b).

(b) C

OMPUTATION OF

ENALTY

.—The penalty shall be—

(1) not more than $10,000, if the violation involved the use

of force or violence, or the threatened use of force or violence,

against the person or property of another person; and

(2) not more than $5,000 for any other violation.

ELATIONSHIP TO

THER

ENALTIES

.—The penalties estab-

lished by this section shall be in addition to other criminal or civil

penalties that may be levied against the person as a result of an

activity in violation of section 320802.

(d) P

ROCEDURE

.—Upon receipt of—

(1) a written complaint from an officer, employee, or agent

of the Forest Service, Bureau of Land Management, National

Park Service, United States Fish and Wildlife Service, or other

Federal agency that a person violated section 320802; or

(2) a sworn affidavit from an individual and a determina-

tion by the Secretary that the statement contains sufficient

factual allegations to create a reasonable belief that a violation

of section 320802 has occurred;

the Secretary may request the Attorney General of the United

States to institute a civil action for the imposition and collection of

the civil penalty under this section.

(e) U

SE OF

ENALTY

ONEY

OLLECTED

.—After deduction of

costs attributable to collection, money collected from penalties shall

be—

(1) deposited into the trust fund established pursuant to

the Act entitled ‘‘An Act to provide that the United States shall

aid the States in wildlife-restoration projects, and for other

purposes’’, approved September 2, 1937 (16 U.S.C. 669) (com-

monly known as the ‘‘Pitman-Robertson Wildlife Restoration

Act’’), to support the activities authorized by such Act and un-

dertaken by State wildlife management agencies; or

(2) used in such other manner as the Secretary determines

will enhance the funding and implementation of—

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347 Sec. 320808 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) the North American Waterfowl Management Plan

signed by the Secretary of the Interior and the Minister of

Environment for Canada in May 1986; or

(B) a similar program that the Secretary determines

will enhance wildlife management—

(i) on Federal lands; or

(ii) on private or State-owned lands when the ef-

forts will also provide a benefit to wildlife manage-

ment objectives on Federal lands.

SEC. 320804. ø16 U.S.C. 5203¿ OTHER RELIEF.

Injunctive relief against a violation of section 320802 may be

sought by—

(1) the head of a State agency with jurisdiction over fish

or wildlife management;

(2) the Attorney General of the United States; or

(3) any person who is or would be adversely affected by the

violation.

SEC. 320805. ø16 U.S.C. 5204¿ RELATIONSHIP TO STATE AND LOCAL LAW

AND CIVIL ACTIONS.

This subtitle does not preempt a State law or local ordinance

that provides for civil or criminal penalties for conduct that violates

this subtitle.

SEC. 320806. ø16 U.S.C. 5205¿ REGULATIONS.

The Secretary may issue such regulations as are necessary to

carry out this subtitle.

SEC. 320807. ø16 U.S.C. 5206¿ RULE OF CONSTRUCTION.

Nothing in this subtitle shall be construed to impair a right

guaranteed to a person under the first article of amendment to the

Constitution or limit any legal remedy for forceful interference with

a person’s lawful participation in speech or peaceful assembly.

SEC. 320808. ø16 U.S.C. 5207¿ DEFINITIONS.

As used in this subtitle:

(1) F

EDERAL LANDS

.—The term ‘‘Federal lands’’ means—

(A) national forests;

(B) public lands;

(D) wildlife refuges.

(2) L

AWFUL HUNT

.—The term ‘‘lawful hunt’’ means the tak-

ing or harvesting (or attempted taking or harvesting) of wild-

life or fish, on Federal lands, which—

(A) is lawful under the laws applicable in the place it

occurs; and

(B) does not infringe upon a right of an owner of pri-

vate property.

(3) N

ATIONAL FOREST

.—The term ‘‘national forest’’ means

lands included in the National Forest System (as defined in

section 11(a) of the Forest and Rangeland Renewable Re-

sources Planning Act of 1974 (16 U.S.C. 1609(a))).

(4) N

ATIONAL PARK

.—The term ‘‘national park’’ means

lands and waters included in the National Park System (as de-

fined in section 2(a) of the Act entitled ‘‘An Act to facilitate the

management of the National Park System and miscellaneous

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As Amended Through P.L. 117-315, Enacted December 27, 2022

348 Sec. 320901 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

areas administered in connection with that system, and for

other purposes’’, approved August 8, 1953 (16 U.S.C. 1c(a))).

(5) P

UBLIC LANDS

.—The term ‘‘public lands’’ has the same

meaning as is provided in section 103(e) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

(6) S

ECRETARY

.—The term ‘‘Secretary’’ means—

(A) the Secretary of Agriculture with respect to na-

tional forests; and

(B) the Secretary of the Interior with respect to—

(i) public lands;

(ii) national parks; and

(iii) wildlife refuges.

(7) W

ILDLIFE REFUGE

.—The term ‘‘wildlife refuge’’ means

lands and waters included in the National Wildlife Refuge Sys-

tem (as established by section 4 of the National Wildlife Refuge

System Administration Act of 1966 (16 U.S.C. 668dd)).

(8) C

ONDUCT

.—The term ‘‘conduct’’ does not include speech

protected by the first article of amendment to the Constitution.

Subtitle I—Other Provisions

SEC. 320901. WIRETAPS.

Section 2511(1) of title 18, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (c);

(2) by inserting ‘‘or’’ at the end of paragraph (d); and

(3) by adding after paragraph (d) the following new para-

graph:

‘‘(e)(i) intentionally discloses, or endeavors to disclose, to

any other person the contents of any wire, oral, or electronic

communication, intercepted by means authorized by sections

2511(2)(A)(ii), 2511(b)–(c), 2511(e), 2516, and 2518 of this sub-

chapter, (ii) knowing or having reason to know that the infor-

mation was obtained through the interception of such a com-

munication in connection with a criminal investigation, (iii)

having obtained or received the information in connection with

a criminal investigation, and (iv) with intent to improperly ob-

struct, impede, or interfere with a duly authorized criminal in-

vestigation,’’.’’

SEC. 320902. THEFT OF MAJOR ARTWORK.

(a) O

FFENSE

.—Chapter 31 of title 18, United States Code, is

amended by adding at the end the following new section:

‘‘§ 668. Theft of major artwork

‘‘(a) D

EFINITIONS

.—In this section—

‘‘ ‘museum’ means an organized and permanent institution,

the activities of which affect interstate or foreign commerce,

that—

‘‘(A) is situated in the United States;

‘‘(B) is established for an essentially educational or

aesthetic purpose;

‘‘(C) has a professional staff; and

‘‘(D) owns, utilizes, and cares for tangible objects that

are exhibited to the public on a regular schedule.

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349 Sec. 320903 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘ ‘object of cultural heritage’ means an object that is—

‘‘(A) over 100 years old and worth in excess of $5,000;

‘‘(B) worth at least $100,000.’’.

‘‘(b) O

FFENSES

.—A person who—

‘‘(1) steals or obtains by fraud from the care, custody, or

control of a museum any object of cultural heritage; or

‘‘(2) knowing that an object of cultural heritage has been

stolen or obtained by fraud, if in fact the object was stolen or

obtained from the care, custody, or control of a museum

(whether or not that fact is known to the person), receives, con-

ceals, exhibits, or disposes of the object,

shall be fined under this title, imprisoned not more than 10 years,

or both.’’.

(b) P

ERIOD OF

IMITATION

.—Chapter 213 of title 18, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 3294. Theft of major artwork

‘‘No person shall be prosecuted, tried, or punished for a viola-

tion of or conspiracy to violate section 668 unless the indictment

is returned or the information is filed within 20 years after the

commission of the offense.’’.

(d) T

ECHNICAL

MENDMENTS

.—

(1) C

HAPTER 31

.—The chapter analysis for chapter 31 of

title 18, United States Code, is amended by adding at the end

the following new item:

‘‘668. Theft of major artwork.’’.

(2) C

HAPTER 213

.—The chapter analysis for chapter 213 of

title 18, United States Code, is amended by adding at the end

the following new item:

‘‘3294. Theft of major artwork.’’.

SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING,

SMUGGLING, AND PROPERTY DAMAGE OFFENSES TO

ELIMINATE INCONSISTENCIES AND GAPS IN COVERAGE.

(a) R

OBBERY AND

URGLARY

.—(1) Section 2111 of title 18,

United States Code, is amended by inserting ‘‘or attempts to take’’

after ‘‘takes’’.

(2) Section 2112 of title 18, United States Code, is amended by

inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

(3) Section 2114 of title 18, United States Code, is amended by

inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

(b) K

IDNAPPING

.—Section 1201(d) of title 18, United States

Code, is amended by striking ‘‘Whoever attempts to violate sub-

section (a)(4) or (a)(5)’’ and inserting ‘‘Whoever attempts to violate

subsection (a)’’.

MUGGLING

.—Section 545 of title 18, United States Code, is

amended by inserting ‘‘or attempts to smuggle or clandestinely in-

troduce’’ after ‘‘smuggles, or clandestinely introduces’’.

(d) M

ALICIOUS

ISCHIEF

.—(1) Section 1361 of title 18, United

States Code, is amended—

(A) by inserting ‘‘or attempts to commit any of the fore-

going offenses’’ before ‘‘shall be punished’’, and

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350 Sec. 320904 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(B) by inserting ‘‘or attempted damage’’ after ‘‘damage’’

each place it appears.

(2) Section 1362 of title 18, United States Code, is amended by

inserting ‘‘or attempts willfully or maliciously to injure or destroy’’

after ‘‘willfully or maliciously injures or destroys’’.

(3) Section 1366 of title 18, United States Code, is amended—

(A) by inserting ‘‘or attempts to damage’’ after ‘‘damages’’

each place it appears;

(B) by inserting ‘‘or attempts to cause’’ after ‘‘causes’’; and

been completed have exceeded’’ after ‘‘exceeds’’ each place it ap-

pears.

SEC. 320904. GUN-FREE SCHOOL ZONES.

Section 922(q) of title 18, United States Code, is amended—

(1) by redesignating paragraphs (1), (2), and (3) as para-

graphs (2), (3), and (4), respectively; and

(2) by inserting after ‘‘(q)’’ the following new paragraph:

‘‘(1) The Congress finds and declares that—

‘‘(A) crime, particularly crime involving drugs and guns, is

a pervasive, nationwide problem;

‘‘(B) crime at the local level is exacerbated by the inter-

state movement of drugs, guns, and criminal gangs;

‘‘(C) firearms and ammunition move easily in interstate

commerce and have been found in increasing numbers in and

around schools, as documented in numerous hearings in both

the Judiciary Committee of the House of Representatives and

Judiciary Committee of the Senate;

‘‘(D) in fact, even before the sale of a firearm, the gun, its

component parts, ammunition, and the raw materials from

which they are made have considerably moved in interstate

commerce;

‘‘(E) while criminals freely move from State to State, ordi-

nary citizens and foreign visitors may fear to travel to or

through certain parts of the country due to concern about vio-

lent crime and gun violence, and parents may decline to send

their children to school for the same reason;

‘‘(F) the occurrence of violent crime in school zones has re-

sulted in a decline in the quality of education in our country;

‘‘(G) this decline in the quality of education has an adverse

impact on interstate commerce and the foreign commerce of

the United States;

‘‘(H) States, localities, and school systems find it almost

impossible to handle gun-related crime by themselves; even

States, localities, and school systems that have made strong ef-

forts to prevent, detect, and punish gun-related crime find

their efforts unavailing due in part to the failure or inability

of other States or localities to take strong measures; and

‘‘(I) Congress has power, under the interstate commerce

clause and other provisions of the Constitution, to enact meas-

ures to ensure the integrity and safety of the Nation’s schools

by enactment of this subsection.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

351 Sec. 320908 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320905. INTERSTATE WAGERING.

Section 1301 of title 18, United States Code, is amended by in-

serting ‘‘or, being engaged in the business of procuring for a person

in 1 State such a ticket, chance, share, or interest in a lottery, gift,

enterprise or similar scheme conducted by another State (unless

that business is permitted under an agreement between the States

in question or appropriate authorities of those States), knowingly

transmits in interstate or foreign commerce information to be used

for the purpose of procuring such a ticket, chance, share, or inter-

est;’’ after ‘‘scheme;’’.

SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE

AGAINST TRUCKERS.

It is the sense of Congress that—

(1) when there is Federal jurisdiction, Federal authorities

should prosecute to the fullest extent of the law murders,

rapes, burglaries, kidnappings and assaults committed against

commercial truckers; and

(2) appropriate Federal agencies should acknowledge this

problem and place a priority on evaluating how best to prevent

these crimes and apprehend those involved, and continue to co-

ordinate their activities with multi-jurisdictional authorities to

combat violent crimes committed against truckers.

SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-

WEDLOCK BIRTHS.

It is the sense of the Senate that—

(1) the Secretary of Health and Human Services, in con-

sultation with the National Center for Health Statistics, should

prepare an analysis of the causes of the increase in out-of-wed-

lock births, and determine whether there is any historical

precedent for such increase, as well as any equivalent among

foreign nations, and

(2) the Secretary of Health and Human Services should re-

port to Congress within 12 months after the date of the enact-

ment of this Act on the Secretary’s analysis of the out-of-wed-

lock problem and its causes, as well as possible remedial meas-

ures that could be taken.

SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE

UNITED NATIONS IN INTERNATIONAL ORGANIZED CRIME

CONTROL.

It is the sense of the Senate that—

(1) the United States should encourage the development of

a United Nations Convention on Organized Crime; and

(2) the United Nations should—

(A) provide significant additional resources to the

Commission on Crime Prevention and Criminal Justice;

(B) consider an expansion of the Commission’s role

and authority; and

nized crime problem.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

352 Sec. 320909 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320909. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OF-

FENSES.

(a) I

ENERAL

.—Chapter 211 of title 18, United States Code,

is amended by inserting after section 3238 the following new sec-

tion:

‘‘§ 3239. Optional venue for espionage and related offenses

‘‘The trial for any offense involving a violation, begun or com-

mitted upon the high seas or elsewhere out of the jurisdiction of

any particular State or district, of—

‘‘(1) section 793, 794, 798, or section 1030(a)(1) of this title;

‘‘(2) section 601 of the National Security Act of 1947 (50

U.S.C. 421); or

‘‘(3) section 4(b) or 4(c) of the Subversive Activities Control

Act of 1950 (50 U.S.C. 783 (b) or (c));

may be in the District of Columbia or in any other district author-

ized by law.’’.

(b) T

ECHNICAL

MENDMENT

.—The item relating to section 3239

in the table of sections of chapter 211 of title 18, United States

Code, is amended to read as follows:

‘‘3239. Optional venue for espionage and related offenses.’’.

SEC. 320910. UNDERCOVER OPERATIONS.

(a) I

ENERAL

.—Chapter 1 of title 18, United States Code, is

amended by adding at the end the following new section:

‘‘§ 21. Stolen or counterfeit nature of property for certain

crimes defined

‘‘(a) Wherever in this title it is an element of an offense that—

‘‘(1) any property was embezzled, robbed, stolen, converted,

taken, altered, counterfeited, falsely made, forged, or obliter-

ated; and

‘‘(2) the defendant knew that the property was of such

character;

such element may be established by proof that the defendant, after

or as a result of an official representation as to the nature of the

property, believed the property to be embezzled, robbed, stolen,

converted, taken, altered, counterfeited, falsely made, forged, or ob-

literated.

‘‘(b) For purposes of this section, the term ‘official representa-

tion’ means any representation made by a Federal law enforcement

officer (as defined in section 115) or by another person at the direc-

tion or with the approval of such an officer.’’.

(b) T

ECHNICAL

MENDMENT

.—The table of sections of chapter

1 of title 18, United States Code, is amended by adding at the end

the following new item:

‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.

SEC. 320911. MISUSE OF INITIALS ‘‘DEA’’.

(a) A

MENDMENT

.—Section 709 of title 18, United States Code,

is amended—

(1) in the thirteenth unnumbered paragraph by striking

‘‘words—’’ and inserting ‘‘words; or’’; and

(2) by inserting after the thirteenth unnumbered para-

graph the following new paragraph:

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As Amended Through P.L. 117-315, Enacted December 27, 2022

353 Sec. 320914 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘A person who, except with the written permission of the Ad-

ministrator of the Drug Enforcement Administration, knowingly

uses the words ‘Drug Enforcement Administration’ or the initials

‘DEA’ or any colorable imitation of such words or initials, in con-

nection with any advertisement, circular, book, pamphlet, software

or other publication, play, motion picture, broadcast, telecast, or

other production, in a manner reasonably calculated to convey the

impression that such advertisement, circular, book, pamphlet, soft-

ware or other publication, play, motion picture, broadcast, telecast,

or other production is approved, endorsed, or authorized by the

Drug Enforcement Administration;’’.

(b) ø18 U.S.C. 709 note¿ E

FFECTIVE

ATE

.—The amendment

made by subsection (a) shall become effective on the date that is

90 days after the date of enactment of this Act.

SEC. 320912. DEFINITION OF LIVESTOCK.

Section 2311 of title 18, United States Code, is amended by in-

serting after the second paragraph relating to the definition of ‘‘cat-

tle’’ the following new paragraph:

‘‘ ‘livestock’ means any domestic animals raised for home use,

consumption, or profit, such as horses, pigs, llamas, goats, fowl,

sheep, buffalo, and cattle, or the carcasses thereof.’’.

SEC. 320913. ASSET FORFEITURE.

(a) A

MENDMENT

.—Section 524(c)(1) of title 28, United States

Code, is amended—

(1) by redesignating subparagraph (H) as subparagraph

(I); and

(2) by inserting after subparagraph (G) the following new

subparagraph:

‘‘(H) the payment of State and local property taxes on forfeited

real property that accrued between the date of the violation giving

rise to the forfeiture and the date of the forfeiture order; and’’.

(b) ø28 U.S.C. 524 note¿ A

PPLICATION OF

MENDMENT

.—The

amendment made by subsection (a) shall apply to all claims pend-

ing at the time of or commenced subsequent to the date of enact-

ment of this Act.

SEC. 320914. CLARIFICATION OF DEFINITION OF A ‘‘COURT OF THE

UNITED STATES’’ TO INCLUDE THE DISTRICT COURTS

FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND THE

VIRGIN ISLANDS.

(a) I

ENERAL

.—Chapter 1 of title 18, United States Code, is

amended by adding at the end the following new section:

‘‘§ 23. Court of the United States defined

‘‘As used in this title, except where otherwise expressly pro-

vided the term ‘court of the United States’ includes the District

Court of Guam, the District Court for the Northern Mariana Is-

lands, and the District Court of the Virgin Islands.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

1 of title 18, United States Code, is amended by adding at the end

the following new item:

‘‘23. Court of the United States defined.’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

354 Sec. 320915 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320915. LAW ENFORCEMENT PERSONNEL.

It is the sense of the Senate that law enforcement personnel

should not be reduced and calls upon the President of the United

States to exempt Federal law enforcement positions from Executive

Order 12839 and other Executive memoranda mandating reduc-

tions in the Federal workforce.

SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST

TRAVELERS.

(a) I

ENERAL

.—Chapter 33 of title 28, United States Code,

is amended by adding at the end the following new section:

‘‘§ 540A. Investigation of violent crimes against travelers

‘‘(a) I

ENERAL

.—At the request of an appropriate law en-

forcement official of a State or political subdivision, the Attorney

General and Director of the Federal Bureau of Investigation may

assist in the investigation of a felony crime of violence in violation

of the law of any State in which the victim appears to have been

selected because he or she is a traveler.

‘‘(b) F

OREIGN

RAVELERS

.—In a case in which the traveler who

is a victim of a crime described in subsection (a) is from a foreign

nation, the Attorney General and Director of the Federal Bureau

of Investigation, and, when appropriate, the Secretary of State

shall assist the prosecuting and law enforcement officials of a State

or political subdivision to the fullest extent possible in securing

from abroad such evidence or other information as may be needed

for the effective investigation and prosecution of the crime.

‘‘(c) D

EFINITIONS

.—In this section—

‘‘ ‘felony crime of violence’ means an offense punishable by

more than one year in prison that has as an element the use,

attempted use, or threatened use of physical force against the

person of another.

‘‘ ‘State’ means a State, the District of Columbia, and any

commonwealth, territory, or possession of the United States.

‘‘ ‘traveler’ means a victim of a crime of violence who is not

a resident of the State in which the crime of violence oc-

curred.’’.

(b) T

ECHNICAL

MENDMENT

.—The chapter analysis for chapter

33 of title 28, United States Code, is amended by adding at the end

the following new item:

‘‘540A. Investigation of violent crimes against travelers.’’.

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

(a) I

ENERAL

.—Section 844(i) of title 18, United States Code,

is amended by adding at the end the following: ‘‘No person shall

be prosecuted, tried, or punished for any noncapital offense under

this subsection unless the indictment is found or the information

is instituted within 7 years after the date on which the offense was

committed.’’.

(b) ø18 U.S.C. 844 note¿ A

PPLICATION OF

MENDMENT

.—The

amendment made by subsection (a) shall not apply to any offense

described in the amendment that was committed more than 5 years

prior to the date of enactment of this Act.

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355 Sec. 320921 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND

VISITATION RIGHTS.

It is the sense of the Congress that in determining child cus-

tody and visitation rights, the courts should take into consideration

the history of drunk driving that any person involved in the deter-

mination may have.

SEC. 320919. ø34 U.S.C. 12643¿ EDWARD BYRNE MEMORIAL FORMULA

GRANT PROGRAM.

Nothing in this Act shall be construed to prohibit or exclude

the expenditure of appropriations to grant recipients that would

have been or are eligible to receive grants under subpart 1 of part

E of the Omnibus Crime Control and Safe Streets Act of 1968.

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

It is the sense of the Senate that in celebration of ‘‘Law Day,

U.S.A.’’, May 1, 1995, the grateful people of this Nation should give

special emphasis to all law enforcement personnel of the United

States, and the grateful people of this Nation should acknowledge

the unflinching and devoted service law enforcement personnel per-

form as such personnel help preserve domestic tranquillity and

guarantee the legal rights of all individuals of this Nation.

SEC. 320921. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILI-

TATION PROGRAM.

(a) S

ENTENCE OF

ROBATION

.—Section 3561 of title 18, United

States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting the following new subsection after sub-

section (a):

‘‘(b) D

OMESTIC

IOLENCE

FFENDERS

.—A defendant who has

been convicted for the first time of a domestic violence crime shall

be sentenced to a term of probation if not sentenced to a term of

imprisonment. The term ‘domestic violence crime’ means a crime of

violence for which the defendant may be prosecuted in a court of

the United States in which the victim or intended victim is the

spouse, former spouse, intimate partner, former intimate partner,

child, or former child of the defendant, or any relative defendant,

child, or former child of the defendant, or any other relative of the

defendant.’’.

(b) C

ONDITIONS OF

ROBATION

.—Section 3563(a) of title 18,

United States Code, is amended by—

(1) striking ‘‘and’’ at the end of paragraph (2);

(2) striking the period at the end of paragraph (3) and in-

serting ‘‘; and’’; and

(3) by inserting the following new paragraph:

‘‘(4) for a domestic violence crime as defined in section

3561(b) by a defendant convicted of such an offense for the first

time that the defendant attend a public, private, or private

nonprofit offender rehabilitation program that has been ap-

proved by the court, in consultation with a State Coalition

Against Domestic Violence or other appropriate experts, if an

approved program is readily available within a 50-mile radius

of the legal residence of the defendant.’’.

UPERVISED

ELEASE

.—Section 3583 of title 18, United

States Code, is amended—

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356 Sec. 320923 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) in subsection (a) by inserting ‘‘or if the defendant has

been convicted for the first time of a domestic violence crime

as defined in section 3561(b)’’ after ‘‘statute’’; and

(2) in subsection (d) by inserting the following after the

first sentence: ‘‘The court shall order as an explicit condition

of supervised release for a defendant convicted for the first

time of a domestic violence crime as defined in section 3561(b)

that the defendant attend a public, private, or private non-

profit offender rehabilitation program that has been approved

by the court, in consultation with a State Coalition Against Do-

mestic Violence or other appropriate experts, if an approved

program is readily available within a 50-mile radius of the

legal residence of the defendant.’’.

øSEC. 320922. Repealed. P.L. 105–225¿

SEC. 320923. FINANCIAL INSTITUTION FRAUD.

Section 528 of Public Law 101–509, approved November 5,

1990, is amended by striking ‘‘with the authority of the Resolution

Trust Corporation or its successor’’ at the end of subsection (b)(2)

and inserting ‘‘on December 31, 2004’’.

SEC. 320924. DEFINITION OF ‘‘PARENT’’ FOR THE PURPOSES OF THE

OFFENSE OF KIDNAPPING.

Section 1201 of title 18, United States Code, is amended by

adding at the end the following new subsection:

‘‘(h) As used in this section, the term ‘parent’ does not include

a person whose parental rights with respect to the victim of an of-

fense under this section have been terminated by a final court

order.’’.

SEC. 320926. HATE CRIME STATISTICS ACT.

Subsection (b)(1) of the first section of the Hate Crime Statis-

tics Act (28 U.S.C. 534 note) is amended by inserting ‘‘disability,’’

after ‘‘religion,’’.

SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK RE-

QUIREMENT OF RETURN OF HANDGUN TO OWNER.

Section 922(s)(1) of title 18, United States Code, is amended in

the first sentence by inserting ‘‘(other than the return of a handgun

to the person from whom it was received)’’ after ‘‘handgun’’.

SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT

OF 1993.

(a) P

ROTECTION OF THE

LDERLY AND

NDIVIDUALS

ITH

ABILITIES

.—

(1) B

ACKGROUND CHECKS

.—Section 3(a)(1) of the National

Child Protection Act of 1993 (42 U.S.C. 5119a) is amended by

striking ‘‘an individual’s fitness to have responsibility for the

safety and well-being of children’’ and inserting ‘‘the provider’s

fitness to have responsibility for the safety and well-being of

children, the elderly, or individuals with disabilities’’.

(2) G

UIDELINES

.—Section 3(b) of the National Child Protec-

tion Act of 1993 (42 U.S.C. 5119b(b)) is amended—

(A) in paragraph (1)(E)—

(i) by striking ‘‘child’’ the first place it appears and

inserting ‘‘person’’; and

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(ii) by striking ‘‘child’’ the second place it appears;

and

(B) in paragraph (4) by striking ‘‘an individual’s fit-

ness to have responsibility for the safety and well-being of

children’’ and inserting ‘‘the provider’s fitness to have re-

sponsibility for the safety and well-being of children, the

elderly, or individuals with disabilities’’.

(3) D

EFINITION OF CARE

.—Section 5 of the National Child

Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended—

(A) by amending paragraph (5) to read as follows:

‘‘(5) the term ‘care’ means the provision of care, treatment,

education, training, instruction, supervision, or recreation to

children, the elderly, or individuals with disabilities;’’; and

(B) in paragraph (8) by striking ‘‘child care’’ each place

it appears and inserting ‘‘care’’.

(b) I

NFORMATION

EQUIRED

EPORTED

.—Section 2(a) of

the National Child Protection Act of 1993 (42 U.S.C. 5119(a)) is

amended by adding at the end ‘‘A criminal justice agency may sat-

isfy the requirement of this subsection by reporting or indexing all

felony and serious misdemeanor arrests and dispositions.’’.

LARIFICATION OF

MMUNITY

ROVISION

.—Section 3(d) of the

National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) is

amended by inserting ‘‘(other than itself)’’ after ‘‘failure of a quali-

fied entity’’.

(d) D

EFRAYMENT OF

OSTS TO

OLUNTEERS OF

ONDUCTING

ACKGROUND

HECKS

.—Section 4(b) of the National Child Protec-

tion Act of 1993 (42 U.S.C. 5119b(b)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (C);

(2) by striking the period at the end of subparagraph (D)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(E) to assist the State in paying all or part of the cost to

the State of conducting background checks on persons who are

employed by or volunteer with a public, not-for-profit, or vol-

untary qualified entity to reduce the amount of fees charged

for such background checks.’’.

(e) F

EES

.—Section 3(e) of the National Child Protection Act of

1993 is amended by striking ‘‘the actual cost’’ and inserting ‘‘eight-

een dollars, respectively, or the actual cost, whichever is less,’’.

(f) C

OSTS OF THE

FBI.—Funds authorized to be appropriated to

the Federal Bureau of Investigation under section 190001(c) of this

Act may be used to pay all or part of the cost to the Federal Bu-

reau of Investigation of carrying out the National Child Protection

Act of 1993, including the cost of conducting background checks on

persons who are employed by or volunteer with a public, not-for-

profit, or voluntary qualified entity to reduce the amount of fees

charged for such background checks.

(g) ø34 U.S.C. 40101 note¿ G

UIDELINES

.—

(1) I

N GENERAL

.—The Attorney General, in consultation

with Federal, State, and local officials, including officials re-

sponsible for criminal history record systems, and representa-

tives of public and private care organizations and health, legal,

and social welfare organizations, shall develop guidelines for

the adoption of appropriate safeguards by care providers and

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358 Sec. 320929 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

by States for protecting children, the elderly, or individuals

with disabilities from abuse.

(2) M

ATTERS TO BE ADDRESSED

.—In developing guidelines

under paragraph (1), the Attorney General shall address the

availability, cost, timeliness, and effectiveness of criminal his-

tory background checks and recommend measures to ensure

that fees for background checks do not discourage volunteers

from participating in care programs.

(3) D

ISSEMINATION

.—The Attorney General shall, subject

to the availability of appropriations, disseminate the guidelines

to State and local officials and to public and private care pro-

viders.

(h) C

HANGE OF

EPORT

EADLINE

.—Section 2(f)(2) of the Na-

tional Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amend-

ed by striking ‘‘1 year’’ and inserting ‘‘2 years’’.

(i) C

HANGE OF

MPLEMENTATION

EADLINE

.—Section 2(b)(2)(A)

of the National Child Protection Act of 1993 (42 U.S.C.

5119(b)(2)(A)) is amended by striking ‘‘3 years’’ and inserting ‘‘5

years’’.

(j) D

EFINITION OF

HILD

BUSE

ASES AND

NDIVIDUALS

ITH

ISABILITIES

.—Section 5 of the National Child Protection Act of

1993 (42 U.S.C. 5119c) is amended—

(1) by redesignating paragraphs (6), (7), (8), and (9) as

paragraphs (8), (9), (10), and (11), respectively; and

(2) by inserting after paragraph (5) the following new

paragraphs:

‘‘(6) the term ‘identifiable child abuse crime case’ means a

case that can be identified by the authorized criminal justice

agency of the State as involving a child abuse crime by ref-

erence to the statutory citation or descriptive label of the crime

as it appears in the criminal history record;

‘‘(7) the term ‘individuals with disabilities’ means persons

with a mental or physical impairment who require assistance

to perform one or more daily living tasks;’’.

SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT

PERSONNEL.

The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et

seq.) is amended by inserting after section 4 the following new sec-

tion:

‘‘S

. 4A. L

NFORCEMENT

.—(a) D

ESIGNATION OF

FORCEMENT

GENTS

.—The Board may designate employees of the

corporation to act as law enforcement agents in the area of jurisdic-

tion described in subsection (c).

‘‘(b) D

UTIES AND

OWERS

.—

‘‘(1) D

UTIES

.—A law enforcement agent designated under

subsection (a) shall maintain law and order and protect per-

sons and property in the area of jurisdiction described in sub-

section (c) and protect property and officials and employees of

the corporation outside that area.

‘‘(2) P

OWERS

.—In the performance of duties described in

paragraph (1), a law enforcement agent designated under sub-

section (a) may—

‘‘(A) make arrests without warrant for any offense

against the United States committed in the agent’s pres-

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359 Sec. 320929 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

ence, or for any felony cognizable under the laws of the

United States if the agent has probable cause to believe

that the person to be arrested has committed or is commit-

ting such a felony;

‘‘(B) execute any warrant or other process issued by a

court or officer of competent jurisdiction for the enforce-

ment of any Federal law or regulation issued pursuant to

law in connection with the investigation of an offense de-

scribed in subparagraph (A);

‘‘(C) conduct an investigation of an offense described in

subparagraph (A) in the absence of investigation of the of-

fense by any Federal law enforcement agency having in-

vestigative jurisdiction over the offense or with the concur-

rence of that agency; and

‘‘(D) carry firearms in carrying out any activity de-

scribed in subparagraph (A), (B), or (C).

‘‘(c) A

REA OF

URISDICTION

.—A law enforcement agent des-

ignated under subsection (a) shall be authorized to exercise the law

enforcement duties and powers described in subsection (b)—

‘‘(1) on any lands or facilities owned or leased by the cor-

poration or within such adjoining areas in the vicinities of such

lands or facilities as may be determined by the board under

subsection (e); and

‘‘(2) on other lands or facilities—

‘‘(A) when the person to be arrested is in the process

of fleeing from such lands, facilities, or adjoining areas to

avoid arrest;

‘‘(B) in conjunction with the protection of property or

officials or employees of the corporation on or within lands

or facilities other than those owned or leased by the cor-

poration; or

‘‘(C) in cooperation with other Federal, State, or local

law enforcement agencies.

‘‘(d) F

EDERAL

NVESTIGATIVE

URISDICTION AND

TATE

IVIL

AND

RIMINAL

URISDICTION

REEMPTED

.—Nothing in this

section shall be construed to—

‘‘(1) limit or restrict the investigative jurisdiction of any

Federal law enforcement agency; or

‘‘(2) affect any right of a State or a political subdivision

thereof to exercise civil and criminal jurisdiction on or within

lands or facilities owned or leased by the corporation.

‘‘(e) D

ETERMINATION OF

DJOINING

REAS

.—

‘‘(1) I

N GENERAL

.—The board shall determine and may

from time-to-time modify the adjoining areas for each facility

or particular area of land, or for individual categories of such

facilities or lands, for the purposes of subsection (c)(1).

‘‘(2) N

OTICE

.—A notice and description of each adjoining

area determination or modification of a determination made

under paragraph (1) shall be published in the Federal Register.

‘‘(f) Q

UALIFICATIONS AND

RAINING

.—The board, in consultation

with the Attorney General, shall adopt qualification and training

standards for law enforcement agents designated under subsection

(a).

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360 Sec. 320932 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(g) R

ELATION TO

THER

.—A law enforcement agent des-

ignated under subsection (a) shall not be considered to be a law en-

forcement officer of the United States for the purposes of any other

law, and no law enforcement agent designated under subsection (a)

or other employee of the corporation shall receive an increase in

compensation solely on account of this section.

‘‘(h) R

ELATIONSHIP

ITH

TTORNEY

ENERAL

.—The duties and

powers of law enforcement agents designated under subsection (a)

that are described in subsection (b) shall be exercised in accordance

with guidelines approved by the Attorney General.’’.

SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.

Section 545(a) of title 28, United States Code, is amended—

(1) by striking ‘‘and assistant United States attorney’’; and

(2) by inserting the following after the first sentence:

‘‘Each assistant United States attorney shall reside in the dis-

trict for which he or she is appointed or within 25 miles there-

of.’’.

SEC. 320933. ø15 U.S.C. 45a¿ LABELS ON PRODUCTS.

To the extent any person introduces, delivers for introduction,

sells, advertises, or offers for sale in commerce a product with a

‘‘Made in the U.S.A.’’ or ‘‘Made in America’’ label, or the equivalent

thereof, in order to represent that such product was in whole or

substantial part of domestic origin, such label shall be consistent

with decisions and orders of the Federal Trade Commission issued

pursuant to section 5 of the Federal Trade Commission Act. This

section only applies to such labels. Nothing in this section shall

preclude the application of other provisions of law relating to label-

ing. The Commission may periodically consider an appropriate per-

centage of imported components which may be included in the

product and still be reasonably consistent with such decisions and

orders. Nothing in this section shall preclude use of such labels for

products that contain imported components under the label when

the label also discloses such information in a clear and conspicuous

manner. The Commission shall administer this section pursuant to

section 5 of the Federal Trade Commission Act and may from time

to time issue rules pursuant to section 553 of title 5, United States

Code, for such purpose. If a rule is issued, such violation shall be

treated by the Commission as a violation of a rule under section

18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding

unfair or deceptive acts or practices. This section shall be effective

upon publication in the Federal Register of a Notice of the provi-

sions of this section. The Commission shall publish such notice

within six months after the enactment of this section.

SEC. 320934. NON-DISCHARGEABILITY OF PAYMENT OF RESTITUTION

ORDER.

Section 523(a) of title 11, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (11);

(2) by striking the period at the end of paragraph (12) and

inserting ‘‘; or’’; and

(3) by adding at the end the following new paragraph:

‘‘(13) for any payment of an order of restitution issued

under title 18, United States Code.’’.

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361 Sec. 320935 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 320935. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX

OFFENSE CASES.

(a) The Federal Rules of Evidence are amended by adding after

Rule 412 the following new rules:

‘‘Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

‘‘(a) In a criminal case in which the defendant is accused of an

offense of sexual assault, evidence of the defendant’s commission of

another offense or offenses of sexual assault is admissible, and may

be considered for its bearing on any matter to which it is relevant.

‘‘(b) In a case in which the Government intends to offer evi-

dence under this rule, the attorney for the Government shall dis-

close the evidence to the defendant, including statements of wit-

nesses or a summary of the substance of any testimony that is ex-

pected to be offered, at least fifteen days before the scheduled date

of trial or at such later time as the court may allow for good cause.

‘‘(c) This rule shall not be construed to limit the admission or

consideration of evidence under any other rule.

‘‘(d) For purposes of this rule and Rule 415, ‘offense of sexual

assault’ means a crime under Federal law or the law of a State (as

defined in section 513 of title 18, United States Code) that in-

volved—

‘‘(1) any conduct proscribed by chapter 109A of title 18,

United States Code;

‘‘(2) contact, without consent, between any part of the de-

fendant’s body or an object and the genitals or anus of another

person;

‘‘(3) contact, without consent, between the genitals or anus

of the defendant and any part of another person’s body;

‘‘(4) deriving sexual pleasure or gratification from the in-

fliction of death, bodily injury, or physical pain on another per-

son; or

‘‘(5) an attempt or conspiracy to engage in conduct de-

scribed in paragraphs (1)–(4).

‘‘Rule 414. Evidence of Similar Crimes in Child Molestation

Cases

‘‘(a) In a criminal case in which the defendant is accused of an

offense of child molestation, evidence of the defendant’s commission

of another offense or offenses of child molestation is admissible,

and may be considered for its bearing on any matter to which it

is relevant.

‘‘(b) In a case in which the Government intends to offer evi-

dence under this rule, the attorney for the Government shall dis-

close the evidence to the defendant, including statements of wit-

nesses or a summary of the substance of any testimony that is ex-

pected to be offered, at least fifteen days before the scheduled date

of trial or at such later time as the court may allow for good cause.

‘‘(c) This rule shall not be construed to limit the admission or

consideration of evidence under any other rule.

‘‘(d) For purposes of this rule and Rule 415, ‘child’ means a per-

son below the age of fourteen, and ‘offense of child molestation’

means a crime under Federal law or the law of a State (as defined

in section 513 of title 18, United States Code) that involved—

‘‘(1) any conduct proscribed by chapter 109A of title 18,

United States Code, that was committed in relation to a child;

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362 Sec. 320935 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(2) any conduct proscribed by chapter 110 of title 18,

United States Code;

‘‘(3) contact between any part of the defendant’s body or an

object and the genitals or anus of a child;

‘‘(4) contact between the genitals or anus of the defendant

and any part of the body of a child;

‘‘(5) deriving sexual pleasure or gratification from the in-

fliction of death, bodily injury, or physical pain on a child; or

‘‘(6) an attempt or conspiracy to engage in conduct de-

scribed in paragraphs (1)–(5).

‘‘Rule 415. Evidence of Similar Acts in Civil Cases Concern- ing

Sexual Assault or Child Molestation

‘‘(a) In a civil case in which a claim for damages or other relief

is predicated on a party’s alleged commission of conduct consti-

tuting an offense of sexual assault or child molestation, evidence of

that party’s commission of another offense or offenses of sexual as-

sault or child molestation is admissible and may be considered as

provided in Rule 413 and Rule 414 of these rules.

‘‘(b) A party who intends to offer evidence under this Rule shall

disclose the evidence to the party against whom it will be offered,

including statements of witnesses or a summary of the substance

of any testimony that is expected to be offered, at least fifteen days

before the scheduled date of trial or at such later time as the court

may allow for good cause.

‘‘(c) This rule shall not be construed to limit the admission or

consideration of evidence under any other rule.’’

(b) I

MPLEMENTATION

.—The amendments made by subsection

(a) shall become effective pursuant to subsection (d).

ECOMMENDATIONS BY

UDICIAL

ONFERENCE

.—Not later

than 150 days after the date of enactment of this Act, the Judicial

Conference of the United States shall transmit to Congress a report

containing recommendations for amending the Federal Rules of

Evidence as they affect the admission of evidence of a defendant’s

prior sexual assault or child molestation crimes in cases involving

sexual assault and child molestation. The Rules Enabling Act shall

not apply to the recommendations made by the Judicial Conference

pursuant to this section.

(d) C

ONGRESSIONAL

CTION

.—

(1) If the recommendations described in subsection (c) are

the same as the amendment made by subsection (a), then the

amendments made by subsection (a) shall become effective 30

days after the transmittal of the recommendations.

(2) If the recommendations described in subsection (c) are

different than the amendments made by subsection (a), the

amendments made by subsection (a) shall become effective 150

days after the transmittal of the recommendations unless oth-

erwise provided by law.

(3) If the Judicial Conference fails to comply with sub-

section (c), the amendments made by subsection (a) shall be-

come effective 150 days after the date the recommendations

were due under subsection (c) unless otherwise provided by

law.

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363 Sec. 330001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(e) A

PPLICATION

.—The amendments made by subsection (a)

shall apply to proceedings commenced on or after the effective date

of such amendments.

TITLE XXXIII—TECHNICAL

CORRECTIONS

SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL AS-

SISTANCE FOR LAW ENFORCEMENT.

(a) C

ROSS

EFERENCE

ORRECTIONS

.—Section 506 of title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3756) is amended—

(1) in subsection (a) by striking ‘‘Of’’ and inserting ‘‘Subject

to subsection (f), of’’;

(2) in subsection (c) by striking ‘‘subsections (b) and (c)’’

and inserting ‘‘subsection (b)’’;

(3) in subsection (e) by striking ‘‘or (e)’’ and inserting ‘‘or

(f)’’; and

(4) in subsection (f)(1)—

(A) in subparagraph (A)—

(i) by striking ‘‘, taking into consideration sub-

section (e) but’’; and

(ii) by striking ‘‘this subsection,’’ and inserting

‘‘this subsection’’; and

(B) in subparagraph (B) by striking ‘‘amount’’ and in-

serting ‘‘funds’’.

(b) C

ORRECTIONAL

PTIONS

RANTS

.—(1) Section 515(b) of title

I of the Omnibus Crime Control and Safe Streets Act of 1968 is

amended—

(A) by striking ‘‘subsection (a)(1) and (2)’’ and inserting

‘‘paragraphs (1) and (2) of subsection (a)’’; and

(B) in paragraph (2) by striking ‘‘States’’ and inserting

‘‘public agencies’’.

(2) Section 516 of title I of the Omnibus Crime Control and

Safe Streets Act of 1968 is amended—

(A) in subsection (a) by striking ‘‘for section’’ each place it

appears and inserting ‘‘shall be used to make grants under sec-

tion’’; and

(B) in subsection (b) by striking ‘‘section 515(a)(1) or (a)(3)’’

and inserting ‘‘paragraph (1) or (3) of section 515(a)’’.

(3) Section 1001(a)(5) of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended by

inserting ‘‘(other than chapter B of subpart 2)’’ after ‘‘and E’’.

ENIAL OR

ERMINATION OF

RANT

.—Section 802(b) of title

I of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3783(b)) is amended by striking ‘‘M,,’’ and inserting ‘‘M,’’.

(d) D

EFINITIONS

.—Section 901(a)(21) of title I of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is

amended by adding a semicolon at the end.

(e) P

UBLIC

AFETY

FFICERS

ISABILITY

ENEFITS

.—Title I of

the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3796) is amended—

(1) in section 1201—

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364 Sec. 330001 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(A) in subsection (a) by striking ‘‘subsection (g)’’ and

inserting ‘‘subsection (h),’’; and

(B) in subsection (b)—

(i) by striking ‘‘subsection (g)’’ and inserting ‘‘sub-

section (h)’’;

(ii) by striking ‘‘personal’’; and

(iii) in the first proviso by striking ‘‘section’’ and

inserting ‘‘subsection’’; and

(2) in section 1204(3) by striking ‘‘who was responding to

a fire, rescue or police emergency’’.

(f) H

EADINGS

.—(1) The heading for part M of title I of the Om-

nibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797)

is amended to read as follows:

‘‘

PART M

—

REGIONAL INFORMATION SHARING SYSTEMS

’’.

(2) The heading for part O of title I of the Omnibus Crime Con-

trol and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to

read as follows:

‘‘

PART O

—

RURAL DRUG ENFORCEMENT

’’.

(g) T

ABLE OF

ONTENTS

.—The table of contents of title I of the

Omnibus Crime Control and Safe Streets Act of 1968 is amended—

(1) in the item relating to section 501 by striking ‘‘Drug

Control and System Improvement Grant’’ and inserting ‘‘drug

control and system improvement grant’’;

(2) in the item relating to section 1403 by striking ‘‘Appli-

cation’’ and inserting ‘‘Applications’’; and

(3) in the items relating to part O by redesignating sec-

tions 1401 and 1402 as sections 1501 and 1502, respectively.

(h) O

THER

ECHNICAL

MENDMENTS

.—Title I of the Omnibus

Crime Control and Safe Streets Act of 1968 is amended—

(1) in section 202(c)(2)(E) by striking ‘‘crime,,’’ and insert-

ing ‘‘crime,’’;

(2) in section 302(c)(19) by striking a period at the end and

inserting a semicolon;

(3) in section 602(a)(1) by striking ‘‘chapter 315’’ and in-

serting ‘‘chapter 319’’;

(4) in section 603(a)(6) by striking ‘‘605’’ and inserting

‘‘606’’;

(5) in section 605 by striking ‘‘this section’’ and inserting

‘‘this part’’;

(6) in section 606(b) by striking ‘‘and Statistics’’ and insert-

ing ‘‘Statistics’’;

(7) in section 801(b)—

(A) by striking ‘‘parts D,’’ and inserting ‘‘parts’’;

(B) by striking ‘‘part D’’ each place it appears and in-

serting ‘‘subpart 1 of part E’’;

(D) by striking ‘‘403’’ and inserting ‘‘503’’;

(8) in the first sentence of section 802(b) by striking ‘‘part

D,’’ and inserting ‘‘subpart 1 of part E or under part’’;

(9) in the second sentence of section 804(b) by striking

‘‘Prevention or’’ and inserting ‘‘Prevention, or’’;

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365 Sec. 330002 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(10) in section 808 by striking ‘‘408, 1308,’’ and inserting

‘‘507’’;

(11) in section 809(c)(2)(H) by striking ‘‘805’’ and inserting

‘‘804’’;

(12) in section 811(e) by striking ‘‘Law Enforcement Assist-

ance Administration’’ and inserting ‘‘Bureau of Justice Assist-

ance’’;

(13) in section 901(a)(3) by striking ‘‘and,’’ and inserting ‘‘,

and’’;

(14) in section 1001(c) by striking ‘‘parts’’ and inserting

‘‘part’’.

(i) C

ONFORMING

MENDMENT TO

THER

.—Section 4351(b)

of title 18, United States Code, is amended by striking ‘‘Adminis-

trator of the Law Enforcement Assistance Administration’’ and in-

serting ‘‘Director of the Bureau of Justice Assistance’’.

SEC. 330002. GENERAL TITLE 18 CORRECTIONS.

(a) S

ECTION

1031.—Section 1031(g)(2) of title 18, United States

Code, is amended by striking ‘‘a government’’ and inserting ‘‘a Gov-

ernment’’.

(b) S

ECTION

208.—Section 208(c)(1) of title 18, United States

Code, is amended by striking ‘‘Banks’’ and inserting ‘‘banks’’.

ECTION

1007.—The heading for section 1007 of title 18,

United States Code, is amended by striking ‘‘Transactions’’ and in-

serting ‘‘transactions’’.

(d) S

ECTION

1014.—Section 1014 of title 18, United States

Code, is amended by striking the comma that follows a comma.

(e) E

LIMINATION OF

BSOLETE

ROSS

EFERENCE

.—Section

3293 of title 18, United States Code, is amended by striking

‘‘1008,’’.

(f) E

LIMINATION OF

UPLICATE

UBSECTION

ESIGNATION

.—

Section 1031 of title 18, United States Code, is amended by redes-

ignating the second subsection (g) as subsection (h).

(g) T

ECHNICAL

MENDMENT TO

ART

NALYSIS FOR

ART

I.—

The item relating to chapter 33 in the part analysis for part I of

title 18, United States Code, is amended by striking ‘‘701’’ and in-

serting ‘‘700’’.

(h) A

MENDMENT TO

ECTION

924(a

)(

1)(B).—Section 924(a)(1)(B)

of title 18, United States Code, is amended by striking ‘‘(q)’’ and in-

serting ‘‘(r)’’.

(i) P

UNCTUATION

ORRECTION

.—Section 207(c)(2)(A)(ii) of title

18, United States Code, is amended by striking the semicolon at

the end and inserting a comma.

(j) C

HAPTER

NALYSIS

ORRECTION

.—The chapter analysis for

chapter 223 of title 18, United States Code, is amended by adding

at the end the following:

‘‘3509. Child Victims’ and child witnesses’ rights.’’.

(k) Elimination of Superfluous Comma.—Section 3742(b) of

title 18, United States Code, is amended by striking ‘‘Government,’’

and inserting ‘‘Government’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

366 Sec. 330003 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND

MISDESIGNATIONS.

(a) S

ECTION

1791

ITLE

18.—Section 1791(b) of title 18,

United States Code, is amended by striking ‘‘(c)’’ each place it ap-

pears and inserting ‘‘(d)’’.

(b) S

ECTION

2703

ITLE

18.—Section 2703(d) of title 18,

United States Code, is amended by striking ‘‘section 3126(2)(A)’’

and inserting ‘‘section 3127(2)(A)’’.

ECTION

666

ITLE

18.—Section 666(d) of title 18,

United States Code, is amended—

(1) by redesignating the second paragraph (4) as para-

graph (5);

(2) by striking ‘‘and’’ at the end of paragraph (3); and

(3) by striking the period at the end of paragraph (4) and

inserting ‘‘; and’’.

(d) S

ECTION

4247

ITLE

18.—Section 4247(h) of title 18,

United States Code, is amended by striking ‘‘subsection (e) of sec-

tion 4241, 4243, 4244, 4245, or 4246,’’ and inserting ‘‘subsection (e)

of section 4241, 4244, 4245, or 4246, or subsection (f) of section

4243,’’.

(e) S

ECTION

408

OF THE

ONTROLLED

UBSTANCES

.—Sec-

tion 408(b)(2)(A) of the Controlled Substances Act (21 U.S.C.

848(b)(2)(A)) is amended by striking ‘‘subsection (d)(1)’’ and insert-

ing ‘‘subsection (c)(1)’’.

(f) M

ARITIME

RUG

NFORCEMENT

.—(1) Section

994(h) of title 28, United States Code, is amended by striking ‘‘sec-

tion 1 of the Act of September 15, 1980 (21 U.S.C. 955a)’’ each

place it appears and inserting ‘‘the Maritime Drug Law Enforce-

ment Act (46 U.S.C. App. 1901 et seq.)’’.

(2) Section 924(e) of title 18, United States Code, is amended

by striking ‘‘the first section or section 3 of Public Law 96–350 (21

U.S.C. 955a et seq.)’’ and inserting ‘‘the Maritime Drug Law En-

forcement Act (46 U.S.C. App. 1901 et seq.)’’.

(g) S

ECTION

2596

OF THE

RIME

ONTROL

CT OF

1990.—Sec-

tion 2596(d) of the Crime Control Act of 1990 is amended, effective

retroactively to the date of enactment of such Act, by striking

‘‘951(c)(1)’’ and inserting ‘‘951(c)(2)’’.

(h) F

EDERAL

ULES OF

RIMINAL

ROCEDURE

.—Rule 46(i)(1) of

the Federal Rules of Criminal Procedure for the United States

Courts is amended by striking ‘‘18 U.S.C. § 3144’’ and inserting ‘‘18

U.S.C. § 3142’’.

SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

Title 18, United States Code, is amended—

(1) in section 212 by striking ‘‘or of any National Agricul-

tural Credit Corporation,’’ and by striking ‘‘or National Agricul-

tural Credit Corporations,’’;

(2) in section 213 by striking ‘‘or examiner of National Ag-

ricultural Credit Corporations’’;

(3) in section 709 by striking the seventh and thirteenth

paragraphs;

(4) in section 711 by striking the second paragraph;

(5) by striking section 754 and amending the chapter anal-

ysis for chapter 35 by striking the item relating to section 754;

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As Amended Through P.L. 117-315, Enacted December 27, 2022

367 Sec. 330008 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(6) in sections 657 and 1006 by striking ‘‘Reconstruction

Finance Corporation,’’ and striking ‘‘Farmers’ Home Corpora-

tion,’’;

(7) in section 658 by striking ‘‘Farmers’ Home Corpora-

tion,’’;

(8) in section 1013 by striking ‘‘, or by any National Agri-

cultural Credit Corporation’’;

(9) in section 1160 by striking ‘‘white person’’ and inserting

‘‘non-Indian’’;

(10) in section 1698 by striking the second paragraph;

(11) by striking sections 1904 and 1908 and amending the

chapter analysis for chapter 93 by striking the items relating

to those sections;

(12) in section 1909 by inserting ‘‘or’’ before ‘‘farm credit

examiner’’ and by striking ‘‘or an examiner of National Agricul-

tural Credit Corporations,’’;

(13) by striking sections 2157 and 2391 and amending the

chapter analysis for chapter 105 and for 115, respectively, by

striking the items relating to those sections;

(14) in section 2257 by striking the subsections (f) and (g)

that were enacted by Public Law 100–690;

(15) in section 3113 by striking the third paragraph;

(16) in section 3281 by striking ‘‘except for offenses barred

by the provisions of law existing on August 4, 1939’’;

(17) in section 443 by striking ‘‘or (3) five years after 12

o’clock noon of December 31, 1946,’’;

(18) in sections 542, 544, and 545 by striking ‘‘the Phil-

ippine Islands,’’; and

(19) in section 1073—

(A) by striking ‘‘or which, in the case of New Jersey,

is a high misdemeanor under the laws of said State,’’; and

(B) by striking ‘‘or which in the case of New Jersey, is

a high misdemeanor under the laws of said State,’’.

SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN

CORRUPT PRACTICES ACT.

Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977

(15 U.S.C. 78dd–2) is amended by striking ‘‘issuer’’ and inserting

‘‘domestic concern’’.

SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18

U.S.C. 1116.

Section 1116(a) of title 18, United States Code, is amended by

striking ‘‘, and any such person who is found guilty of attempted

murder shall be imprisoned for not more than twenty years’’.

SEC. 330007. ELIMINATION OF REDUNDANT PENALTY.

Section 1864(c) of title 18, United States Code, is amended by

striking ‘‘(b) (3), (4), or (5)’’ and inserting ‘‘(b)(5)’’.

SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ER-

RORS.

Title 18, United States Code, is amended—

(1) in section 513(c)(4) by striking ‘‘association or persons’’

and inserting ‘‘association of persons’’;

(2) in section 1956(e) by striking ‘‘Evironmental’’ and in-

serting ‘‘Environmental’’;

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As Amended Through P.L. 117-315, Enacted December 27, 2022

368 Sec. 330009 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(3) in section 3125—

(A) in subsection (a)(2) by striking ‘‘use’’ and the

quotation mark that immediately follows it and inserting

‘‘use;’’;

(B) by realigning the matter in subsection (a)(2) that

begins with ‘‘may have installed’’ and ends with ‘‘section

3123 of this title’’ so that it is flush to the left margin; and

of’’ in subsection (d);

(4) in section 3731 by striking ‘‘order of a district courts’’

and inserting ‘‘order of a district court’’ in the second undesig-

nated paragraph;

(5) in section 151 by striking ‘‘mean’’ and inserting

‘‘means’’;

(6) in section 208(b) by inserting ‘‘if’’ after ‘‘(4)’’;

(7) in section 209(d) by striking ‘‘under the terms of the

chapter 41’’ and inserting ‘‘under the terms of chapter 41’’;

(8) in section 1014 by inserting a comma after ‘‘National

Credit Union Administration Board’’; and

(9) in section 3291 by striking ‘‘the afore-mentioned’’ and

inserting ‘‘such’’.

SEC. 330009. OTHER TECHNICAL AMENDMENTS.

(a) S

ECTION

419

ONTROLLED

UBSTANCES

.—Section

419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is

amended by striking ‘‘years Penalties’’ and inserting ‘‘years. Pen-

alties’’.

(b) S

ECTION

667.—Section 667 of title 18, United States Code,

is amended by adding at the end the following: ‘‘The term ‘live-

stock’ has the meaning set forth in section 2311 of this title.’’.

ECTION

1114.—Section 1114 of title 18, United States

Code, is amended by striking ‘‘or any other officer, agency, or em-

ployee of the United States’’ and inserting ‘‘or any other officer or

employee of the United States or any agency thereof’’.

(d) Section 408 of Controlled Substances Act.—Section

408(q)(8) of the Controlled Substances Act (21 U.S.C. 848(q)(8)) is

amended by striking ‘‘applications, for writ’’ and inserting ‘‘applica-

tions for writ’’.

SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.

Title 18, United States Code, is amended—

(1) in section 212 by striking ‘‘218’’ and inserting ‘‘213’’;

(2) in section 1917—

(A) by striking ‘‘Civil Service Commission’’ and insert-

ing ‘‘Office of Personnel Management’’; and

(B) by striking ‘‘the Commission’’ in paragraph (1) and

inserting ‘‘such Office’’;

(3) by transferring the subchapter analysis for each sub-

chapter of each of chapters 227 and 229 to follow the heading

of that subchapter;

(4) so that the heading of section 1170 reads as follows:

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369 Sec. 330011 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 1170. Illegal trafficking in Native American human re-

mains and cultural items’’;

(5) so that the item relating to section 1170 in the chapter

analysis for chapter 53 reads as follows:

‘‘1170. Illegal trafficking in Native American human remains and cultural items.’’;

(6) in section 3509(a) by striking paragraph (11) and redes-

ignating paragraphs (12) and (13) as paragraphs (11) and (12),

respectively;

(7) in section 3509—

(A) by striking ‘‘subdivision’’ each place it appears and

inserting ‘‘subsection’’; and

(B) by striking ‘‘government’’ each place it appears and

inserting ‘‘Government’’;

(8) in section 2252(a)(3)(B) by striking ‘‘materails’’ and in-

serting ‘‘materials’’;

(9) in section 14 by striking ‘‘45,’’ and ‘‘608, 611, 612,’’;

(10) in section 3059A—

(A) in subsection (b) by striking ‘‘this subsection’’ and

inserting ‘‘subsection’’; and

(B) in subsection (c) by striking ‘‘this subsection’’ and

inserting ‘‘subsection’’;

(11) in section 1761(c)—

(A) by striking ‘‘and’’ at the end of paragraph (1);

(B) by inserting ‘‘and’’ at the end of paragraph (3); and

(2)(B) and inserting a semicolon;

(12) in the chapter analysis for chapter 11—

(A) in the item relating to section 203 by inserting a

comma after ‘‘officers’’ and by striking the comma after

‘‘others’’; and

(B) in the item relating to section 204 by inserting

‘‘the’’ before ‘‘United States Court of Appeals for the Fed-

eral Circuit’’;

(13) in the chapter analysis for chapter 23, in the item re-

lating to section 437, by striking the period immediately fol-

lowing ‘‘Indians’’;

(14) in the chapter analysis for the beginning of chapter

25, in the item relating to section 491, by striking the period

immediately following ‘‘paper used as money’’;

(15) in section 207(a)(3) by striking ‘‘Clarification of Re-

strictions’’ and inserting ‘‘Clarification of restrictions’’;

(16) in section 176 by striking ‘‘the government’’ and in-

serting ‘‘the Government’’;

(17) in section 3059A(e)(2)(iii) by striking ‘‘backpay’’ and

inserting ‘‘back pay’’; and

(18) by adding a period at the end of the item relating to

section 3059A in the chapter analysis for chapter 203.

SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMEND-

MENTS.

(a) I

NCORRECT

EFERENCE

.—Section 2587(b) of Public Law

101–647 is amended, effective as of the date on which that section

took effect, by striking ‘‘The chapter heading for’’ and inserting

‘‘The chapter analysis for’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022

370 Sec. 330011 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(b) L

ACK OF

UNCTUATION IN

TRICKEN

ANGUAGE

.—Section

46(b) of the Criminal Law and Procedure Technical Amendments

Act of 1986 is amended, effective as of the date on which that sec-

tion took effect, so that—

(A) in paragraph (1), the matter proposed to be stricken

from the beginning of section 201(b) of title 18, United States

Code, reads ‘‘(b) Whoever, directly’’; and

(B) in paragraph (2), a comma, rather than a semicolon,

appears after ‘‘his lawful duty’’ in the matter to be stricken

from paragraph (3) of section 201(b) of that title.

IOLOGICAL

EAPONS

.—(1) Section 3(b) of the Biological

Weapons Anti-Terrorism Act of 1989 is amended, effective as of the

date on which that section took effect, by striking ‘‘2516(c)’’ and in-

serting ‘‘2516(1)(c)’’.

(2) The item in the part analysis for part I of title 18, United

States Code, that relates to chapter 10 is amended by striking

‘‘Weapons’’ and inserting ‘‘weapons’’.

(d) P

LACEMENT OF

ECTION

.—Section 404(a) of Public

Law 101-630 is amended, effective on the date such section took ef-

fect, by striking ‘‘adding at the end thereof’’ each place it appears

and inserting ‘‘inserting after section 1169’’.

(e) E

LIMINATION OF

RRONEOUS

HARACTERIZATION OF

ATTER

NSERTED

.—Section 225(a) of Public Law 101-647 is amended, effec-

tive as of the date on which that section took effect, by striking

‘‘new rule’’.

(f) C

LARIFICATION OF

LACEMENT OF

MENDMENT

.—Section

1205(c) of Public Law 101-647 is amended, effective as of the date

on which that section took effect, by inserting ‘‘at the end’’ after

‘‘adding’’.

(g) E

LIMINATION OF

UPLICATE

MENDMENT

.—Section 1606 of

Public Law 101-647 (amending section 1114 of title 18, United

States Code) is repealed effective as of the date of enactment of

that section.

(h) E

RROR IN

MENDMENT

HRASING

.—Section 3502 of Public

Law 101-647 is amended, effective as of the date on which that sec-

tion took effect, by striking ‘‘10’’ and inserting ‘‘ten’’.

(i) C

LARIFICATION THAT

MENDMENTS

ERE TO

ITLE

18.—Sec-

tions 3524, 3525, and 3528 of Public Law 101-647 are each amend-

ed, effective as of the date on which those sections took effect, by

inserting ‘‘of title 18, United States Code’’ before ‘‘is amended’’.

(j) C

ORRECTION OF

ARAGRAPH

EFERENCE

.—Section 3527 of

Public Law 101–647 is amended, effective as of the date on which

that section took effect, by striking ‘‘4th’’ and inserting ‘‘5th’’.

(k) R

EPEAL OF

BSOLETE

ECHNICAL

ORRECTION TO

ECTION

1345.—Section 3542 of Public Law 101–647 is repealed, effective as

of the date of its enactment.

(l) R

EPEAL OF

BSOLETE

ECHNICAL

ORRECTION TO

ECTION

1956.—Section 3557(2)(E) of Public Law 101–647 is repealed, effec-

tive as of the date of its enactment.

(m) C

LARIFICATION OF

LACEMENT OF

MENDMENTS

.—Public

Law 101-647 is amended, effective as of the date of its enactment—

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371 Sec. 330013 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(1) in section 3564(1) by inserting ‘‘each place it appears’’

after the quotation mark following ‘‘2251’’ the first place it ap-

pears; and

(2) in section 3565(3)(A) by inserting ‘‘each place it ap-

pears’’ after the quotation mark following ‘‘subchapter’’.

(n) C

ORRECTION OF

ORD

UOTED IN

MENDMENT

.—Section

3586(1) of Public Law 101-647 is amended, effective as of the date

on which that section took effect, by striking ‘‘fines’’ and inserting

‘‘fine’’.

(o) E

LIMINATION OF

BSOLETE

ECHNICAL

MENDMENT TO

TION

4013.—Section 3599 of Public Law 101-647 is repealed, effec-

tive as of the date of its enactment.

(p) C

ORRECTION OF

IRECTORY

ANGUAGE

.—Section 3550 of

Public Law 101–647 is amended, effective as of the date on which

that section took effect, by striking ‘‘not more than’’.

(q) R

EPEAL OF

UPLICATE

ROVISIONS

.—(1) Section 3568 of

Public Law 101-647 is repealed, effective as of the date on which

that section took effect.

(2) Section 1213 of Public Law 101–647 is repealed, effective as

of the date on which that section took effect.

(r) C

ORRECTION OF

ORDS

UOTED IN

MENDMENT

.—Section

2531(3) of Public Law 101–647 is amended, effective as of the date

on which that section took effect, by striking ‘‘1679(c)(2)’’ and in-

serting ‘‘1679a(c)(2)’’.

(s) F

ORFEITURE

.—(1) Section 1401 of Public Law 101–647 is

amended, effective as of the date on which that section took ef-

fect—

(A) by inserting a comma after ‘‘, 5316’’; and

(B) by inserting ‘‘the first place it appears’’ after the

quotation mark following ‘‘5313(a)’’.

(2) Section 2525(a)(2) of Public Law 101–647 is amended, effec-

tive as of the date on which that section took effect, by striking

‘‘108(3)’’ and inserting ‘‘2508(3)’’.

SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMI-

NATE DUPLICATE PREDICATE CRIMES.

Section 1956 of title 18, United States Code, is amended in

subsection (c)(7)(E), by striking the period that follows a period.

SEC. 330013. AMENDMENTS TO PART V OF TITLE 18.

Part V of title 18, United States Code, is amended—

(1) by inserting after the heading for that part the fol-

lowing:

‘‘CHAPTER 601—IMMUNITY OF

WITNESSES’’;

(2) in section 6001(1)—

(A) by striking ‘‘Atomic Energy Commission’’ and in-

serting ‘‘Nuclear Regulatory Commission’’; and

(B) by striking ‘‘the Subversive Activities Control

Board,’’

(3) by striking ‘‘part’’ the first place it appears and insert-

ing ‘‘chapter’’; and

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372 Sec. 330014 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(4) by striking ‘‘part’’ each other place it appears and in-

serting ‘‘title’’.

SEC. 330014. UPDATE OF CROSS REFERENCE.

Section 408(n)(11) of the Controlled Substances Act is amended

by striking ‘‘section 405’’ and inserting ‘‘section 418’’.

SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE.

Section 1904 of Public Law 101–647 is amended, effective as

of the date on which that section took effect, by striking ‘‘by insert-

ing a new subsection (e) as follows’’ and inserting ‘‘so that sub-

section (e) reads as follows’’.

SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE

AMOUNTS IN OFFENSES UNDER TITLE 18.

Title 18, United States Code, is amended—

(1)(A) in sections 1693, 1694, 1695, and 1696 by striking

‘‘not more than $50’’ and inserting ‘‘under this title’’;

(B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 1710,

1723, 1726, 1730, and 2390 by striking ‘‘not more than $100’’

and inserting ‘‘under this title’’;

$150’’ and inserting ‘‘under this title’’;

(D) in sections 1165 and 2279 by striking ‘‘not more than

$200’’ and inserting ‘‘under this title’’;

(E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 710,

711, 711a, 713, 715, 1164, and 1858 by striking ‘‘not more than

$250’’ each place it appears and inserting ‘‘under this title’’;

(F) in sections 916, 1501, 1502, 1719, 1725, and 1861 by

striking ‘‘not more than $300’’ and inserting ‘‘under this title’’;

(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290,

336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018,

1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707,

1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793,

1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 by

striking ‘‘not more than $500’’ each place it appears and insert-

ing ‘‘under this title’’;

(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292,

439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594,

595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648,

649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662,

665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876,

877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021,

1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302,

1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508,

1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738,

1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking ‘‘not

more than $1,000’’ each place it appears and inserting ‘‘under

this title’’;

(I) in sections 331, 482, 486, 499, 755, 873, 958, 1016,

1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622,

1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386,

and 2424 by striking ‘‘not more than $2,000’’ each place it ap-

pears and inserting ‘‘under this title’’;

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373 Sec. 330016 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and

1959 by striking ‘‘not more than $3,000’’ and inserting ‘‘under

this title’’;

(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214,

285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481,

485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544,

546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607,

642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875,

876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011,

1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231,

1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428,

1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510,

1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732,

1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072,

2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317,

2344, and 2701 by striking ‘‘not more than $5,000’’ each place

it appears and inserting ‘‘under this title’’;

(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332,

335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 595,

599, 600, 601, 641, 664, 665, 667, 757, 792, 793, 798, 844, 892,

893, 894, 924, 952, 955, 962, 963, 964, 965, 966, 967, 970,

1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 1082, 1084,

1115, 1202, 1361, 1362, 1364, 1365, 1385, 1461, 1462, 1464,

1587, 1623, 1654, 1656, 1735, 1737, 1751, 1902, 1903, 1904,

1910, 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113, 2153,

2154, 2155, 2156, 2231, 2232, 2271, 2274, 2275, 2314, 2315,

2383, 2386, 2387, 2388, and 2512 by striking ‘‘not more than

$10,000’’ each place it appears and inserting ‘‘under this title’’;

(M) in section 1028 by striking ‘‘not more than $15,000’’

and inserting ‘‘under this title’’;

(N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, and

2385 by striking ‘‘not more than $20,000’’ each place it appears

and inserting ‘‘under this title’’;

(O) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and

2118 by striking ‘‘not more than $25,000’’ each place it appears

and inserting ‘‘under this title’’;

(P) in section 2118 by striking ‘‘not more than $35,000’’

and inserting ‘‘under this title’’;

(Q) in sections 1365, 1958, and 2118 by striking ‘‘not more

than $50,000’’ and inserting ‘‘under this title’’;

(R) in section 951 by striking ‘‘not more than $75,000’’ and

inserting ‘‘under this title’’;

(S) in sections 32, 1167, 1365, 2251, and 2344 by striking

‘‘not more than $100,000’’ each place it appears and inserting

‘‘under this title’’;

(T) in section 2251 by striking ‘‘not more than $200,000’’

and inserting ‘‘under this title’’; and

(U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320,

and 2701 by striking ‘‘not more than $250,000’’ and inserting

‘‘under this title’’;

(2)(A) in sections 3 and 373 by inserting ‘‘(notwithstanding

section 3571)’’ before ‘‘fined not more than one-half’’;

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374 Sec. 330017 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

(B) in section 113 by striking ‘‘fine of not more than’’

through the immediately following dollar amount each place it

appears and inserting ‘‘a fine under this title’’;

striking ‘‘of not more than’’ through the immediately following

dollar amount each place it appears and inserting ‘‘under this

title’’;

(D) in section 201 by inserting ‘‘under this title or’’ after

‘‘be fined’’; and by inserting ‘‘whichever is greater,’’ before ‘‘or

imprisoned’’;

(E) in section 402 by striking ‘‘fine’’ the first place it ap-

pears and inserting ‘‘a fine under this title’’;

(F) in section 443 by striking ‘‘shall, if a corporation, be

fined not more than $50,000, and, if a natural person, be fined

not more than $10,000’’ and inserting ‘‘shall be fined under

this title’’;

(G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 652,

653, and 1711 by inserting ‘‘under this title or’’ after ‘‘be fined’’

the first place it appears; and by inserting ‘‘, whichever is

greater,’’ before ‘‘or imprisoned’’ the first place it appears;

(H) in sections 646 and 654 by inserting ‘‘under this title

or’’ after ‘‘be fined’’ the first place it appears; and by inserting

‘‘whichever is greater,’’ before ‘‘or imprisoned’’ the first place it

appears;

(I) in section 1029 by striking ‘‘of not more than’’ through

the immediately following dollar amount each place it appears

and inserting ‘‘under this title’’; and by inserting ‘‘, whichever

is greater,’’ before ‘‘or imprisonment’’ each place it appears;

(J) in section 2381 by inserting ‘‘under this title but’’ before

‘‘not less than $10,000’’; and

(K) in section 3146(b)(1)(A)(iv) by striking ‘‘fine under this

chapter’’ and inserting ‘‘fined under this title’’.

SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES.

(a) T

ITLE

31, U.S.C., A

MENDMENTS

.—

(1) Section 5321(a)(5)(A) of title 31, United States Code, is

amended by inserting ‘‘any violation of’’ after ‘‘causing’’.

(2) Section 5324(a) of title 31, United States Code, is

amended—

(A) by striking ‘‘section 5313(a), section 5325, or the

regulations issued thereunder or section 5325 or regula-

tions prescribed under such section 5325’’ each place it ap-

pears and inserting ‘‘section 5313(a) or 5325 or any regula-

tion prescribed under any such section’’; and

(B) by striking ‘‘with respect to such transaction’’.

(b) A

MENDMENT

ELATING TO

ITLE

31, U.S.C.—

(1) Effective as of the date of enactment of the Annunzio-

Wylie Anti-Money Laundering Act, section 1517(b) of that Act

is amended by striking ‘‘5314’’ and inserting ‘‘5318’’.

(2) Section 5239 of the Revised Statutes of the United

States is amended by redesignating the second subsection (c)

(as added by section 1502(a) of the Annunzio-Wylie Anti-Money

Laundering Act) as subsection (d).

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375 Sec. 330023 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND

TRANSFER OF CHILD ABUSE STATUTE OF LIMITATION.

(a) I

ENERAL

.—Section 3283 of title 18, United States Code,

is amended to read as follows:

‘‘§ 3283. Child abuse offenses

‘‘No statute of limitations that would otherwise preclude pros-

ecution for an offense involving the sexual or physical abuse of a

child under the age of 18 years shall preclude such prosecution be-

fore the child reaches the age of 25 years.’’.

(b) C

ONFORMING

EPEAL

.—Section 3509(k) of title 18, United

States Code, is amended by striking the subsection heading and

the first sentence and inserting ‘‘S

TAY OF

IVIL

CTION

.—’’.

ECHNICAL

MENDMENT

.—The item in the chapter analysis

for chapter 213 of title 18, United States Code, that relates to sec-

tion 3283 is amended to read as follows:

‘‘3283. Child abuse offenses.’’.

SEC. 330019. TECHNICAL ERRORS IN SECTION 1956.

(a) T

ECHNICAL

ORRECTIONS

.—Section 1956 of title 18, United

States Code, is amended—

(1) in subsection (c)(7)(B)(iii) by inserting a close paren-

thesis after ‘‘1978’’;

(2) by redesignating the second subsection (g) as sub-

section (h); and

(3) in subsection (a)(2) by inserting ‘‘not more than’’ before

‘‘$500,000’’.

(b) C

ROSS

EFERENCE

ORRECTION

.—Section 1956(c)(7)(D) of

title 18, United States Code, is amended by striking ‘‘section 9(c)

of the Food Stamp Act of 1977’’ and inserting ‘‘section 15 of the

Food Stamp Act of 1977’’.

SEC. 330020. TECHNICAL ERROR.

Section 1957(f)(1) of title 18, United States Code, is amended

by striking the comma that follows a comma.

SEC. 330021. CONFORMING SPELLING OF VARIANTS OF ‘‘KIDNAP’’.

Title 18, United States Code, is amended—

(1) by striking ‘‘kidnaping’’ each place it appears and in-

serting ‘‘kidnapping’’; and

(2) by striking ‘‘kidnaped’’ each place it appears and insert-

ing ‘‘kidnapped’’.

SEC. 330022. MARGIN ERROR.

Section 2512(2) of title 18, United States Code, is amended by

realigning the matter that begins with ‘‘to send through’’ and ends

with ‘‘electronic communications’’ so that it is flush to the left mar-

gin.

SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 OF

TITLE 18, UNITED STATES CODE.

(a) I

ENERAL

.—Chapter 13 of title 18, United States Code,

is amended—

(1) in the chapter analysis so that the item relating to sec-

tion 248 reads as follows:

‘‘248. Freedom of access to clinic entrances.’’;

(2) so that the heading of section 248 reads as follows:

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376 Sec. 330024 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘§ 248. Freedom of access to clinic entrances’’; and

(3) in section 248(b) by inserting ‘‘, notwithstanding section

3571,’’ before ‘‘be not more than $25,000’’.

(b) ø18 U.S.C. 248 note¿ E

FFECTIVE

ATE

.—The amendments

made by this subsection (a) shall take effect on the date of enact-

ment of the Freedom of Access to Clinic Entrances Act of 1994.

SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE EN-

ACTMENT OF THE DOMESTIC CHEMICAL DIVERSION CON-

TROL ACT OF 1993.

(a) M

ISSING CONJUNCTION

.—Section 102(39)(A)(iv) of the Con-

trolled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended by

striking the period at the end and inserting ‘‘; or’’.

(b) P

UNCTUATION AND

NDENTATION

ORRECTION

.—Section

102(34) of the Controlled Substances Act is amended—

(1) by moving subparagraphs (V) and (W) two ems toward

the left margin;

(2) in subparagraph (V) by striking ‘‘b’’ and inserting ‘‘B’’;

and

(3) in subparagraph (W) by striking ‘‘n’’ the first place it

appears and inserting ‘‘N’’.

RRONEOUS

ROSS

EFERENCES

.—

(1) Section 5(a) of the Domestic Chemical Diversion Con-

trol Act of 1993 is amended by striking ‘‘section 1505(a)’’ and

inserting ‘‘section 4’’.

(2) Section 9(b) of the Domestic Chemical Diversion Con-

trol Act of 1993 is amended by striking ‘‘Controlled Substances

Act’’ and inserting ‘‘Controlled Substances Import and Export

Act’’.

(d) C

ORRECTION OF

MENDATORY

ANGUAGE

.—

(1) Section 2(a)(4)(B) of the Domestic Chemical Diversion

Control Act of 1993 is amended by inserting ‘‘the first place it

appears’’ before the semicolon.

(2) Section 5(b)(3) of the Domestic Chemical Diversion

Control Act of 1993 is amended by striking ‘‘at the end’’ and

inserting ‘‘after paragraph (4)’’.

(e) M

ISSING

ONFORMING

MENDMENT

.—Section 304(g) of the

Controlled Substances Act is amended by inserting ‘‘or chemical’’

after ‘‘such substance’’ in the last sentence.

(f) ø21 U.S.C. 802 note¿ E

FFECTIVE

ATE

.—The amendments

made by this section shall take effect as of the date that is 120

days after the date of enactment of the Domestic Chemical Diver-

sion Control Act of 1993.

SEC. 330025. VICTIMS OF CRIME ACT.

(a) I

NCORRECT

ECTION

EFERENCE

.—Section 1402(d)(3) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by

striking ‘‘1404(a)’’ and inserting ‘‘1404A’’.

(b) M

ISSING

EXT

.—Section 1403(b)(1) of the Victims of Crime

Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after

‘‘domestic violence’’ the following: ‘‘for—

‘‘(A) medical expenses attributable to a physical injury

resulting from compensable crime, including expenses for

mental health counseling and care;

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377 Sec. 330025 VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF...

‘‘(B) loss of wages attributable to a physical injury re-

sulting from a compensable crime; and

‘‘(C) funeral expenses attributable to a death resulting

from a compensable crime’’.

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As Amended Through P.L. 117-315, Enacted December 27, 2022