Part 5/16, total size 65518 bytes: ------------------------------ Cut here ------------------------------ (a)(1) after the agreement is made, the Secretary may submit the copy by the 15th day after approval of the agreement. "~6715. Enforcement by the Attorney General of prohibitions on discrimination "The Attorney General may bring a civil action in an appropriate district court of the United States against a unit of general local government that the Attorney General has reason to believe 98 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) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.--If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b). (b) ADMINISTRATIVE REMEDIES Required To BE ExHAUSTED.--A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency-- "(1) issues a decision that the government has not failed to comply with this chapter; or "(2) does not issue a decision on the complaint. (c) AUTHORITY OF COURT.--In an action under this section, the court-- "(1) may grant-- "(A) a temporary restraining order; "(B) an injunction; or "(C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pend- ing the outcome of the action; and "(2) to enforce compliance with section 6711 (a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney's fee. (d) INTERVENTION BY ATTORNEY GENERAL.--In an action under this section to enforce compliance with section 6711 (a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person. "6717. Judicial review (a) APPEALS IN FEDERAL COURT OF APPEALS.--A unit of general local government which receives notice from the Secretary about withholding payments under section 6703(f), suspending payments 99 under section 6713(a)(V(B), or terminating payments under section 6712(d)(2)(A), may apply for review of the action of the Secretary by filing a petition for review with the court of appeals of the United States for the circuit in which the government is located. The petition shall be filed by the 60th day after the date the notice is received. The clerk of the court shall immediately send a copy of the petition to the Secretary. "(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.--The Secretary shall file with the court a record of the proceeding on which the Secretary based the action. The court may consider only objections to the action of the Secretary that were presented before the Secretary. "(c) COURT ACTION.--The court may affirm, change, or set aside any part of the action of the Secretary. The findings of fact by the Secretary are conclusive if supported by substantial evidence in the record. If a finding is not supported by substantial evidence in the record, the court may remand the case to the Secretary to take additional evidence. Upon such a remand, the Secretary may make new or modified findings and shall certify additional proceedings to the court. "(d) REVIEW ONLY BY SUPREME COURT.--A Judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28, United States Code. "6718. Investigations and reviews "(a) INVESTIGATIONS BY SECRETARY.-- "(1) IN GENERAL.--The Secretary shall within a reasonable time limit-- "(A) carry out an investigation and make a finding after receiving a complaint referred to in section 6716(b), a determination by a State or local administrative agency, or other information about a possible violation of this chapter; "(B) carry out audits and reviews (including investigations of allegations) about possible violations of this chapter; and "(C) advise a complainant of the status of an audit, Investigation, or review of an allegation by the complainant of a violation of section 6711 (a) or (b) or other provision of this chapter. (2) TIME LIMIT.--The maximum time limit under para graph (1)(A) is 120 days. "(b) REVIEWS BY COMPTROLLER GENERAL.--The Comptroller General of the United States shall carry out reviews of the activities of the Secretary, State governments, and units of general local government necessary for the Congress to evaluate compliance and operations under this chapter. These reviews shall include a comparison of the waste and inefficiency of local governments using funds under this chapter compared to waste and inefficiency with other comparable Federal programs. "6719. Reports (a) REPORTS BY SECRETARY TO CONGRESS.--Before June 2 of each year prior to 2002, the Secretary personally shall report to the Congress on-- 100 "(1) the status and operation of the Local Government Fiscal Assistance Fund during the prior fiscal year; and "(2) the administration of this chapter, including a complete and detailed analysis of- "(A) actions taken to comply with sections 6711 through 6715, including a description of the kind and extent of noncompliance and the status of pending complaints; "(B) the extent to which units of general local government receiving payments under this chapter have complied with the requirements of this chapter "(C) the way in which payments under this chapter have been distributed in the jurisdictions receiving payments; and "(D) significant problems in carrying out this chapter and recommendations for legislation to remedy the problems. "(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY.- (I) IN GENERAL.--At the end of each fiscal year, each unit of general local government which received a payment under this chapter for the fiscal year shall submit a report to the Secretary. The report shall be submitted in the form and at a time prescribed by the Secretary and shall be available to the public for inspection. The report shall state- "(A) the amounts and purposes for which the payment has been appropriated, expended, or obligated in the fiscal year; "(B) the relationship of the payment to the relevant functional items in the budget of the government; and "(C) the differences between the actual and proposed use of the payment. "(2) AVAILABILITY OF REPORT.--The Secretary shall provide a copy of a report submitted under paragraph (1) by a unit of general local government to the chief executive officer of the State in which the government is located. The Secretary shall provide the report in the manner and form prescribed by the Secretary. "6720. Definitions, application, and administration (a) DEFINITIONS.--In this chapter-- "(I) 'unit of general local government' means-- "(A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes, and "(B) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers; "(2) 'payment period' means each l-year period beginning on October I 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 politi- 101 cal subdivision of a State government for public purposes (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) as determined by the Secretary of Commerce for general statistical purposes; "(4) 'State' means any of the several States and the District of Columbia; "(5) 'income' means the total money income received from all sources as determined by the Secretary of Commerce for general statistical purposes, which for units of general local government is reported by the Bureau of the Census for 1990 in the publication Summary Social, Economic, and Housing Characteristics; "(6) 'per capita income' means-- "(A) in the case of the United States, the income of the United States divided by the population of the United States; "(B) in the case of a State, the income of that State, divided by the population of that State; and "(C) in the case of a unit of general local government, the income of that unit of general local government divided by the population of the unit of general local government; "(7) 'finding of discrimination' means a decision by the Secretary about a complaint described in section 6716(b), a decision by a State or local administrative agency, or other information (under regulations prescribed by the Secretary) that it is more likely than not that a unit of general local government has not complied with section 6711 (a) or (b); "(8) 'holding of discrimination' means a holding by a United States court, a State court, or an administrative law judge appointed under section 3105 of title 5, United States Code, that a unit of general local government expending amounts received under this chapter has- "(A) excluded a person in the United States from participating in, denied the person the benefits of, or subjected the person to discrimination under, a program or activity because of race, color, national origin, or sex; or "(B) violated a prohibition against discrimination de- scribed in section 6711(b); and "(9) 'Secretary' means the Secretary of Housing and Urban Development. "(b) DELEGATION OF ADMINISTRATION.--The Secretary may enter into agreements with other executive branch departments and agencies to delegate to that department or agency all or part of the Secretary's responsibility for administering this chapter. (C) TREATMENT OF SUBSUMED AREAS.--If the entire geographic area of a unit of general local government is located in a larger entity, the unit of general local government is deemed to be located in the larger entity. If only part of the geographic area of a unit is located in a larger entity, each part is deemed to be located in the larger entity and to be a separate unit of general local government in determining allocations under this chapter. Except as provided in regulations prescribed by the Secretary, the Secretary shall make all data computations based on the ratio of the estimated population of 102 the part to the population of the entire unit of general local govern- ment. (d) BOUNDARY AND OTHER CHANGES.--If a boundary line change, a State statutory or constitutional change, annexation, a governmental reorganization, or other circumstance results in the application of sections 6704 through 6708 in a way that does not carry out the purposes of sections 6701 through 6708, the Secretary shall apply sections 6701 through 6708 under regulations of the Secretary in a way that is consistent with those purposes.". (b) ISSUANCE OF REGULATIONS.--Within 90 days of the date of enactment of this Act the Secretary shall issue regulations, which may be interim regulations, to implement subsection (a), modifying the regulations for carrying into effect the Revenue Sharing Act that were in effect as of July 1, 1987, and that were published in 31 C F.R. part 51. The secretary need not hold a public hearing before issuing these regulations. (c) DEFICIT NEUTRALITY.--Any appropriation to carry out the amendment made by this subtitle to title 31, United States Code, for fiscal year 1995 or 1996 shall be offset by cuts elsewhere in appropriations for that fiscal year. SEC. 31002. TECHNICAL AMENDMENT. The table of chapters at the beginning of subtitle V of title 31 United States Code, is amended by adding after the item relating to chapter 65 the following: "67. Federal payments ................. 6701" Subtitle K--National Community Economic Partnership SEC. 31101. SHORT TITLE. This subtitle may be cited as the "National Community Economic Partnership Act of 1994". CHAPTER I--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS SEC. 31111. PURPOSE. It is the purpose of this chapter to increase private investment in distressed local communities and to build and expand the capacity of local institutions to better serve the economic needs of local residents through the provision of financial and technical assistance to community development corporations. SEC. 31112. PROVISION OF ASSISTANCE. (a) AUTHORITY.--The Secretary of Health and Human Services (referred to in this subtitle as the "Secretary") may, in accordance with this chapter, provide nonrefundable lines of credit to community development corporations for the establishment, maintenance or expansion of revolving loan funds to be utilized to finance projects contended to provide business and employment opportunities for low income, unemployed, or underemployed individuals and to improve the quality of life in urban and rural areas. (b) REVOLVING LOAN FUNDS.-- 103 (I) COMPETITIVE ASSESSMENT OF APPLICATIONS.--In providing assistance under subsection (a), the Secretary shall establish and implement a competitive process for the solicitation and consideration of applications from eligible entities for lines of credit for the capitalization of revolving funds. (2) ELIGIBLE ENTITIES.--To be eligible to receive a line of credit under this chapter an applicant shall-- (A) be a community development corporation; (B) prepare and submit an application to the Secretary that shall include a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted and the impact of such assistance on low-income, underemployed, and unemployed individuals in the target area; (C) demonstrate previous experience in the development of low-income housing or community or business development projects in a low-income community and provide a record of achievement with respect to such projects; and (D) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit or letters of commitment) in an amount that is at least equal to the amount requested in the application submitted under subparagraph (B). (3) EXCEPTION.--Notwithstanding the provisions of paragraph (2)(D), the Secretary may reduce local contributions to not less than 25 percent of the amount of the line of credit requested by the community development corporation if the Secretary determines such to be appropriate in accordance with section 31116. SEC. 31113. APPROVAL OF APPLICATIONS. (a) IN GENERAL.--In evaluating applications submitted under section 31112(b)(2)(B), the Secretary shall ensure that-- (I) the residents of the target area to be served (as identified under the strategic development plan) would have an income that is less than the median income for the area (as determined by the Secretary); (2) the applicant community development corporation possesses the technical and managerial capability necessary to administer a revolving loan fund and has past experience in the development and management of housing, community and economic development programs; (3) the applicant community development corporation has provided sufficient evidence of the existence of good working relationships with-- (A) local businesses and financial institutions, as well as with the community the corporation proposes to serve; and (B) local and regional job training programs; (4) the applicant community development corporation will target job opportunities that arise from revolving loan fund investments under this chapter so that 75 percent of the jobs retained or created under such investments are provided to-- (A) individuals with-- 104 (i) incomes that do not exceed the Federal poverty !ii) incomes that do not exceed 80 percent of the median income of the area (B) individuals who are unemployed or underemployed; (C) individuals who are participating or have participated in Job training programs authorized under the Job Training Partnership Act (29 U.S.C. 1501 et seq.) or the Family Support Act of 1988 (Public Law 100-485) (D) individuals whose jobs may be retained as a result of the provision of financing available under this chapter; (E) individuals who have historically been underrepresented in the local economy; and (5) a representative cross section of applicants are approved, including large and small community development corporations, urban and rural community development corporations and community development corporations representing diverse populations. (b) PRIORITY.--In determining which application to approve under this chapter the secretary shall give priority to those applicants proposing to serve a target area-- (1) with a median income that does not exceed 80 percent of the median for the area (as determined by the secretary); and (2) with a high rate of unemployment, as determined by the Secretary or in which the population loss is at least 7 percent from April 1, 1980, to April 1, 1990, as reported by the Bureau of the Census. SEC. 31114. Availability OF LINES OF CREDIT AND USE. (a) APPROVAL OF APPLICATION.--The secretary shall provide a community development corporation that has an application approved under section 31113 with a line of credit in an amount determined appropriate by the secretary, subject to the limitations contained in subsection (b). (b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.-- (1) MAXIMUM AMOuNT.--The secretary shall not provide in excess of $2,000,000 in lines of credit under this chapter to a single applicant. (2) PERIOD OF AVAILABILITY.--A line of credit provided under this chapter shall remain available over a period of time established by the secretary, but in no event shall any such period of time be in excess of 3 years from the date on which such line of credit is made available. (3) EXCEPTION--Notwithstanding paragraphs (1) and (2), of a recipient of a line of credit under this chapter has made full and productive use of such line of credit, can demonstrate the need and demand for additional assistance, and can meet the requirements of section 31112(b)(2), the amount of such line of credit may be increased by not more than $1,500,000 (c) AMOUNTS DRAWN FROM LINE OF CREDIT.--Amounts drawn from each line of credit under this chapter shall be used solely for the purposes described in section 31111 and shall only be drawn down as needed to provide loans, investments, or to defray administrative costs related to the establishment of a revolving loan fund. 105 (d) USE OF REVOLVING LOAN FUNDS.--Revolving loan funds established with lines of credit provided under this chapter may be used to provide technical assistance to private business enterprises and to provide financial assistance in the form of loans, loan guarantees interest reduction assistance, equity shares, and other such forms of assistance to business enterprises in target areas and who are in compliance with section 31113(a)(4) SEC. 31115. LIMITATIONS ON USE OF FUNDS. (a) MATCHING REQUIREMENT.--Not to exceed 50 percent of the total amount to be invested by an entity under this chapter may be derived from funds made available from a line of credit under this chapter. (~) TECHNICAL ASSISTANCE AND ADMINISTRATION.--Not to exceed 10 percent of the amounts available from a line of credit under this chapter shall be used for the provision of training or technical assistance and for the planning, development, and management of economic development projects. Community development corporations shall be encouraged by the Secretary to seek technical assistance from other community development corporations, with expertise in the planning, development and management of economic development projects. The Secretary shall assist in the identification and facilitation of such technical assistance. (c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.--To receive funds available under a line of credit provided under this chapter, an entity, using procedures established by the Secretary, shall demonstrate to the community development corporation that such entity agrees to provide local and private sector contributions in accordance with section 31112(b)(2)(D), will participate with such community development corporation in a loan, guarantee or investment program for a designated business enterprise, and that the total financial commitment to be provided by such entity is at least equal to the amount to be drawn from the line of credit. (d) USE OF PROCEEDS FROM INVESTMENTS.--Proceeds derived from investments made using funds made available under this chapter may be used only for the purposes described in section 31111 and shall be reinvested in the community in which they were generated. SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS. (a) IN GENERAL.--The Secretary shall give priority in providing lines of credit under this chapter to community development corporations that propose to undertake economic development activities in distressed communities that target women, Native Americans, at risk youth, farmworkers, population-losing communities, very lowincome communities, single mothers, veterans, and refugees; or that expand employee ownership of private enterprises and small businesses~ and to programs providing loans of not more than $35,000 to very small business enterprises. (b) RESERVATION OF FUNDS.--Not less than 5 percent of the amounts made available under section 31112(a)(2)(A) may be reserved to carry out the activities described in subsection (a). 106 CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS. (a) PURPOSE.--It is the purpose of this section to provide assistance to community development corporations to upgrade the management and operating capacity of such corporations and to enhance the resources available to enable such corporations to increase their community economic development activities. (b) SKILL ENHANCEMENT GRANTS.-- (I) IN GENERAL.--The Secretary shall award grants to community development corporations to enable such corporations to attain or enhance the business management and development skills of the individuals that manage such corporations to enable such corporations to seek the public and private resources necessary to develop community economic development projects. (2) USE OF FUNDS.--A recipient of a grant under paragraph (I) may use amounts received under such grant-- (A) to acquire training and technical assistance from agencies or institutions that have extensive experience in the development and management of low-income community economic development projects; or (B) to acquire such assistance from other highly successful community development corporations. (C) OPERATING GRANTS.-- (I) IN GENERAL.--The Secretary shall award grants to community development corporations to enable such corporations to support an administrative capacity for the planning, development, and management of low-income community economic development projects. (2) USE OF FUNDS.--A recipient of a grant under paragraph (I) may use amounts received under such grant-- (A) to conduct evaluations of the feasibility of potential low-income community economic development projects that address identified needs in the low-income community and that conform to those projects and activities permitted under subtitle A, (B) to develop a business plan related to such a potential proJect; or (C) to mobilize resources to be contributed to a planned low-income community economic development project or strategy. (d) APPLICATIONS.--A community development corporation that desires to receive a grant under this section shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION.--Amounts provided under this section to a community development corporation shall not exceed $75,000 per year. Such corporations may apply for grants under this section for up to 3 consecutive years, except that such corporations shall be required to submit a new application for each grant for which such corporation desires to receive and compete on the basis of such applications in the selection process. 107 SEC 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN FUNDS. (a) AUTHORITY.--The Secretary may award grants to emerging Community development corporations to enable such corporations to establish, maintain or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses. (b) ELIGIBILITY.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a community development corporation; (2) have completed not less than one nor more than two community economic development projects or related projects that improve or provide job and employment opportunities to low-income individuals; (3) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a strategic investment plan that identifies and describes the economic characteristics of the target area to be served, the types of business to be assisted using amounts received under the grant and the impact of such assistance on low-income individuals; and (4) have secured one or more commitments from local sources for contributions (either in cash or in kind, letters of credit, or letters of commitment) in an amount that is equal to at least 10 percent of the amounts requested in the application submitted underparagraph (2). (c) USE OF THE REVOLVING LOAN FUND.-- (1) IN GENERAL.--A revolving loan fund established or maintained with amounts received under this section may be utilized to provide financial and technical assistance, loans, loan guarantees or investments to private business enterprises to-- (A) finance projects intended to provide business and employment opportunities for low-income individuals and to improve the quality of life in urban and rural areas; and (B) build and expand the capacity of emerging community development corporations and serve the economic needs of local residents. (2) TECHNICAL ASSISTANCE.--The Secretary shall encourage emerging community development corporations that receive grants under this section to seek technical assistance from established community development corporations, with expertise in the planning, development and management of economic development projects and shall facilitate the receipt of such assistance. (3) LIMITATION.--Not to exceed 10 percent of the amounts received under this section by a grantee shall be used for training, technical assistance and administrative purposes. (d) USE OF PROCEEDS FROM INVESTMENTS.--Proceeds derived from investments made with amounts provided under this section may be utilized only for the purposes described in this subtitle and shall be reinvested in the community in which they were generated. 108 (e) AMOUNTS AVAILABLE.--Amounts provided under this section to a community development corporation shall not exceed $500,000 Per year. CHAPTER 3--MISCELLANEOUS PROVISIONS SEC. 31131. DEFINITIONS. As used in this subtitle: (1) COMMUNITY DEVELOPMENT CORPORATION.--The term "community development corporation" means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low- income individuals and communities. (2) LOCAL AND PRIVATE SECTOR CONTRIBUTION.--The term "local and private sector contribution" means the funds available at the local level (by private financial institutions, State and local governments) or by any private philanthropic organization and private, nonprofit organizations that will be committed and used solely for the purpose of financing private business enterprises in conjunction with amounts provided under this subtitle. (3) POPULATION-LOSING COMMUNITY.--The term "population-losing community" means any county in which the net population loss is at least 7 percent from April 1, 1980 to April 1, 1990, as reported by the Bureau of the Census. (4) PRIVATE BUSINESS ENTERPRISE.--The term private business enterprise" means any business enterprise that is engaged in the manufacture of a product, provision of a service, construction or development of a facility, or that is involved in some other commercial, manufacturing or industrial activity, and that agrees to target job opportunities stemming from investments authorized under this subtitle to certain individuals. (5) TARGET AREA.--The term target area means any area defined in an application for assistance under this subtitle that has a population whose income does not exceed the median for the area within which the target area is located. (6) VERY LOW-INCOME COMMUNITY.--The term "very low-income community" means a community in which the median income of the residents of such community does not exceed 50 percent of the median income of the area. S~C. 31132. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.--There are authorized to be appropriated to carry out chapters 1 and 2-- (1) $50,000,000 for fiscal year 1996; (2) $80,000,000 for fiscal year 1997; (3) $85,000,000 for fiscal year 1998; and (4) $85,000,000 for fiscal year 1999. (b) EARMARKS.--Of the aggregate amount appropriated under sr4bsection (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. 109 (C) AMOUNTS.--Amounts appropriated under subsection (a) shall remain available for expenditure without fiscal year limitation. SEC. 31133. PROHIBITION. None of,the funds authorized under this subtitle shall be used to finance the construction of housing. Subtitle L-Gang Prevention Services for Boys and Girls SEC. 31201. PROGRAM AUTHORITY. (a) IN GENERAL.--The Attorney General, in consultation with the Secretary of Education and Secretary of Health and Human Services, may make grants to eligible service providers to carry out pro~rams that prevent young children from becoming gang involved. In making such grants, the Attorney General shall give priority to eligible service providers that have a proven track record of serving young children and have an overall budget of not more than $750,000 per program per fiscal year, prior to receiving a grant under this section. (b) CONSULTATION WITH OUNCE OF PREVENTION COUNCIL.-- The Attorney General may consult with the Ounce of Prevention Council in making grants under subsection (a). SEC. 31202. PROGRAM REQUIREMENTS. The eligible service providers receiving a grant under section 31201 shall-- (1) provide a comprehensive array of support services to assist the participants to reach their full potential as contributing law-abiding citizens (which support services may include education and health services; career development training; music, art, and drama activities; physical fitness training; life skills training~; mental health counseling; and job placement counseling); (2) to the extent practicable, involve the parents and other family members of participating children, and the members of local organizations that support the educational and law enforcement institutions of the community, as is appropriate, in the administration and operation of the gang prevention program; (3) utilize community resources and related support services as needed in the operation of the program; (4) accept referrals from public institutions, as is appropriate, such as law enforcement, mental health, local school systems, and other entities of local government; and (5) utilize volunteer staff, including participants in programs funded under the National and Community Service Program, Public Law 103~2, to the maximum extent practicable in the operation of the program. SEC. 31203. ELIGIBLE PROVIDERS. Community-based service providers, as defined in the Juvenile Justice and Delinquency Prevention Act of 1974, that have a proven ~track record of providing services to children ages 5 to 18 shall be 110 eligible to apply for funds under this subtitle. A priority shall be given to service providers that have a history of providing services uniquely designed to meet the needs of young children such as the Boys and Girls Clubs of America or service providers that display the potential for providing such targeted services. SEC. 31204. ELIGIBLE PARTICIPANTS. Children that have the potential, because of community composition and other factors, to come into contact with gangs, or who have a family member that has come into contact with a gang, and are not more than 18 years old at the time of entry into the program, shall be eligible to receive services provided by programs receiving assistance under this subtitle. SEC. 31206. APPLICATIONS PROCESS. Eligible service providers may submit to the Attorney General, for approval, an application in such form at such time as the Attorney General deems appropriate. SEC. 31206. EVALUATION. The Attorney General shall conduct an evaluation of the effectiveness of the program model grants authorized under this subtitle, and the extent to which it can be replicated by other local communities. The Attorney General shall report to the Congress no later than January 1, 1999, on the details of such evaluations. SEC. 31207. Authorization OF Appropriations. There are authorized to be appropriated to carry out this subtitle (1) $3,000,000 for fiscal year 1996; (2) $3,000,000 for fiscal year 1997; (3) $4,000,000 for fiscal year 1998; (4) $5,000,000 for fiscal year 1999; and (5) $5,000,000 for fiscal year 2000. Subtitle M-Olympic Youth Development Centers SEC. 31301. OLYMPIC Youth DEVELOPMENT CENTERS. (a) DEFINITIONS.--In this section-- "child" means an individual who is not younger than 8 and not older than 18. "Committee" means the United States Olympic Committee. "Council" means the Ounce of Pretention Council. "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (b) Grant.--The Council may make a grant to United States Olympic Committee for the purpose of establishing Olympic Youth Development Centers and carrying out programs through such centers. (c) PROGRAM Requirements.-- (1) LOCATION.--The Committee, on receiving a grant under this section to establish such a center shall ensure that the cen- ter is established in an appropriate facility in a State, such as 111 a college or university, a local or State park or recreation center, church, or military base, that is-- (A) in a location that is easily accessible to children in the community; and (B) in compliance with all applicable local ordinances. (2) CENTERS.--The Committee shall, subject to the availability of appropriations, not later than 1 year after the date of enactment of this Act, establish not fewer than 6 such centers, and shall, subject to the availability of appropriations, to the extent possible, establish not less than 1 such center in each state by fiscal year 1997. In selecting locations for such centers, the Committee shall consider the need to maintain geographic diversity, and to maintain a balance of urban and rural locations for such centers. (3) USE OF FUNDS.--The Committee-- (A) may use funds made available through the grant to provide supervised sports and recreation programs that are offered-- (i) after school and on weekends and holidays, during the school year; and (ii) as daily (or weeklong) full-day programs (to the extent available resources permit) or as part-day programs, during the summer months; (B) may use-- (i) such funds for the minor renovation of facilities that are in existence prior to the operation of the program and necessary for the operation of the program for which the Committee receives the grant, purchase of sporting and recreational equipment and supplies, rea- sonable cost for transportation of participants in the program, hiring of staff, provision of meals for such participants, provision of health services consisting of an initial basic physical examination, and provision of first aid and nutrition guidance; and (ii) not more than 5 percent of such funds to pay for the administrative~ costs of the program; and (C) may not use such funds to provide sectarian wor- ship or sectarian instruction. (4) EXECUTIVE DIRECTOR.--The Committee shall appoint an Executive Director to coordinate the centers and programs described in subsection (b), and shall appoint a Director for each such center to carry out such programs at the center. (d) APPLICATION.-- (I) IN GENERAL--TO be eligible to receive a grant under this section, the Committee shall submit an application to the Council at such time, in such manner, and accompanied by such information, as the Council may reasonably require, and obtain approval of such application. (2) CONTENTS OF APPLICATION.--The application submitted pursuant to paragraph (1) shall-- (A) contain an assurance that the program to be car- ried out through the center for which the grant is sought will maintain an average attendance rate of not less than 112 75 percent of the participants enrolled in the program, or will enroll additional participants in the program; (B) contain an assurance that the Committee will comply with any evaluation under subsection (i), any research effort authorized under Federal law, and any investigation by the Administrator; (C) contain an assurance that the Committee shall prepare and submit to the Administrator an annual report regarding any program conducted under this section; (D) 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 nonFederal private or nonprofit sources; (E) contain an assurance that the Committee will maintain separate accounting records for the program; and (F) contain an assurance that the program will include outreach efforts in order to encourage participation in the program. (e) ELIGIBILITY OF PARTICIPANTS.-- (1) IN GENERAL.--The Committee shall select children to participate in programs that receive assistance under this section without regard to the athletic ability of the children. In selecting children to participate in programs that receive assistance under this section, the Committee shall give priority to children from low-income communities and high-crime areas with demonstrated gang activity as determined by the Council. (2) PARENTAL APPROVAL.--To be eligible to participate in a program that receives assistance under this section, a child shall provide the express written approval of a parent or guardian, and shall submit an official application and agree to the terms and conditions of participation in the program. (3) NONDISCRIMINATION.--In selecting children to participate in a program that receives assistance under this section, the Committee shall not discriminate on the basis of race, color, religion, sex, national origin, or disability. (4) BEHAVIOR PROBLEMS.--The Committee may find a child ineligible to participate in such a program if the Committee determines that the child has behavior problems that pose an unacceptable risk of injury or illness to other participants or has a physical or mental disability so serious that the child would be unable to participate in the program with reasonable accommodation. (f) INVESTIGATIONS AND INSPECTIONS.--The Council may conduct such investigations and inspections as may be necessary to ensure compliance with the provisions of this section. (g) FEDERAL SHARE.-- (1) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.-- (A) PAYMENTs. On approval of an application under subsection (d), the Council shall, subject to the availability of appropriations pay to the Committee the Federal share of the costs of establishing the centers and carrying out the programs described in subsection (b). (B) FEDERAL SHARE.--The Federal share of such costs shall be not more than- 113 (i) 75 percent for fiscal years 1995 and 1996;(ii) 70 percent for fiscal year 1997; and (iii) 60 percent for fiscal year 1998. (2) NON-FEDERAL SHARE.- (A) IN GENERAL.--The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services (including the services described in subsection (d)(2)(D)). (B) SPECIAL RULE.--The Committee may not charge fees for the participation of children in programs carried out under this section. (h) REPORTS.--At the end of each fiscal year, the Council shall submit to Congress a report on the activities conducted under this section, including a summary of the information in the report submitted under subsection (d)(2)(C). (i) EVALUATION.--The Council shall conduct a thorough evaluation of the programs assisted under this section, which shall include an assessment of- (1) the number of children participating in each program assisted under this section; (2) the academic achievement of such children; (3) school attendance and graduation rates of such chil- dren; and (4) the number of such children being processed by the juve- nile Justice system. (j) AUTHORIZATION OF APPROPRIATIONS.- (1) IN GENERAL.--There are authorized to be appropriated to carry out this section-- (A) $7,000,000 for fiscal year 1996; (B) $8,000,000 for fiscal year 1997; (C) $10,000,000 for fiscal year 1998; (D) $11,000,000 for fiscal year 1999; and (E) $13,000,000 for fiscal year 2000. (2) AVAILABILITY.--Amounts appropriated to carry out this section shall remain available until expended. Subtitle N--Anticrime Youth Councils SEC 31401. PURPOSE. The purpose of this subtitle is to provide for the establishment of youth anticrime councils to give intermediate and secondary school students a structured forum through which to work with community organizations, law enforcement officials, government and media representatives, and school administrators and faculty to address issues regarding youth and violence. The purpose of such councils is to empower local youth and ensure that their recommendations for preventing youth involvement in crime and violence will be heard and possibly incorporated into community anticrime strategies. SEC. 3140a. AUTHORITY lo MAKE GRANTS. (a) IN GENERAL.--The Attorney General may make grants to public and nonprofit community-based organizations to establish regional anticrime youth councils each of which is composed of inter 114 mediate and secondary school students who represent all the school in a separate congressional district. (b) CONSULTATION.--The Attorney General may consult With the Ounce of Prevention Council in making grants under subsection (Q) SEC. 31403. APPLICATIONS FOR GRANTS. To request a grant under section 31402, a public and nonprofit community-based organization shall submit to the Attorney General an application in such form and containing Such information as the Attorney General may require by rule, including assurances that (I) the anticrime youth council With respect to which such grant is requested will be-- (A) selected by a teacher or administrator of an intermediate or secondary school in the congressional district involved, in consultation with teachers and administrators of other intermediate and secondary schools in Such district (B) composed of not more than 5 students from each of the intermediate and secondary schools in Such district, selected as described in subparagraph (A) from among individuals who have first-hand knowledge of issues and problems relating to students who attend schools in such di8 (C) supervised by an individual who-- (i) is familiar with issues regarding youth violence, (ii) has strong ties to the communities in such district and to the organizations with which such council~ will interact, and !iii) will be responsible for coordinating the dissemination of information to such council, supervising council meetings, and acting as a liaison between such council and communities in such district, and (D) meet not less frequently than monthly-- (i) to discuss issues of concern, including youth crime, school violence, job creation, and recreation, and (ii) to develop creative solutions for assisting community organizations, law enforcement officials, school officials, government officials, and others to address such issues, and (2) the applicant Will submit to the Attorney General a report, not later than 180 days after the first year for Which such applicant receives a grant under section 31402, that-- (A) specifies the number of students and schools involved and represented on such council, (B) specifies the number of organizationS and individuals that council and its subcommittees met with (C) specifies the number of grants, policies, and programs submitted to the youth council for review and recommendation, (D) contains evidence that-- (i) the community has consulted such council and adopted its recommendations, and (ii) a grant review process has been established within a school system or police department that includes an evaluation by the youth council, 115 (E) describes the effect that participation on Such council has had on the student representativeS, (Such as improved school attendance and academic performance, and decreased criminal involvement), (F) describes the effect that participation on such council has had on the participating schools (such as decrease in incidence of school violence), (G) describes the extent to which other students attended council and subcommittee meetings, and participated as members of the audience in such councils activities, (H) describes the extent to which family service, youth service, and the education, police, health, and judicial departments within such district coordinate anticrime efforts as a result of the recommendations and programs of such council, and (I) describes the extent to which such council raises public awareness and knowledge, via the media, about ~youth violence and such council's efforts to help prevent it. SELECTION OF GRANT RECIPIENTS. For the purpose of selecting eligible applicants to receive grants 31402, the Attorney General shall take into consideration- (1) the extent to which all schools in a congressional districts are represented on the proposed youth anticrime council, (2) the extent to which youth crime and violence are an issue of concern in such district, (3) the extent to which the community is committed to coordinating and meeting with the youth councils, and (4) the extent to which the students selected to serve on such council are representative of the geographical area and knowledgeable about the issues that such council will consider. SEC. 31405. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle-- (1) $500,000 for fiscal year 1996; (2) $800,000 for fiscal year 1997; (3) $1,000,000 for fiscal year 1998; (4) $1,300,000 for fiscal year 1999; and (5)$1,400,000 for fiscal year 2000. Subtitle O--Urban Recreation and At-Risk Youth Y...~the SEC. 31501. PURPOSE OF ASSISTANCE Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is ~ mended by adding the following at the end: It is further the purpose of thiS title to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime and to deter crime through the expansion of recreation opportunities for at-risk youth. It is the further purpose of this section to Increase the security of urban parks and to promote collaboration 116 between local agencies involved in parks and recreation, law en- forcement, youth social services, and juvenile justice system.". SEC 31602. 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 ~i) as (e) through (k), respectively: "(d) 'at-risk youth recreation grants' means-- "(I) rehabilitation grants, "(2) innovation grants, or "(3) matching grants for continuing program support for programs of demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, including grants for operating, or coordinating recreation programs and services; in neighborhoods and communities with a high prevalence of crime particularly violent crime. or crime committed by youthful offenders in addition to the purposes specified in subsection (b), rehabilitation grants referred to in paragraph (I) of this subsection may be used for the provision of lighting, emergency phones or other capital improvements which will improve the security of urban parks;3'. 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-esteem. "(C) Programs which offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities. "(D) Programs which offer services during late night or other nonschool hours. "(E) Programs which demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations. "(F) Programs which leverage public or private recreation investments in the form of services, materials, or cash. "(G) Programs which show the greatest potential of being continued with non-Federal funds or which can serve as models for other communities. ". SEC. 31504. PARKS 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 117 to be eligible to receive 'at-risk youth recreation grants' a local government shall amend its 5-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal. The plan shall also address how the local government is coordinating its recreation programS With crime prevention efforts of law enforcement, juvenile correctionS, and youth social service agencies. . SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS. (a) PROGRAM SUPPORT.--Section 1013 of the Urban Park and Recreation Recovery Act of 1978 is amended by inserting "(a) IN GENERAL.--" after "1013" and by adding the following new subsection at the end: "(b) PROGRAM SUPPORT.--Not more than 25 percent of the amountS made available under this title to any local government may be used for program support. ". (b) EXTENSION.--Section 1003 of the Urban Park and Recreation Recovery ACt of 1978 is amended by striking "for a period of five years" and by striking "short-term". (C) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this subtitle-- (2) $3,000,000 for fiscal year 1996; (3) $500,000 for fiscal year 1997; (4) $500,000 for fiscal year 1998; (5) $500,000 for fiscal year 1999; and (6) $500,000 for fiscal year 2000. Subtitle P--Boys and Girls Clubs in Public Housing SEC. 31601. ESTABLISHMENT. (a) IN GENERAL.--The Secretary of Housing and Urban Development, in consultation with the Attorney General, shall enter into contractS With the Boys and Girls Clubs of America, a national nonprofit youth organization to establish Boys and Girls Clubs in public housing (b) CONSULTATION.--The Secretary of Housing and Urban Development may consult With the Ounce of Prevention Council in making grants under subsection (a). SEC'. 31602. REPORT. By May 1 of each fiscal year for Which funds for this section are provided, the Secretary of Housing and Urban Development shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives that details the progresS of establishing boys and girls clubs in public housing and the effectiveness of the programs in reducing drug abuse and gang violence. SEC 31603. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle-- (1) $4,000,000 for fiscal year 1996; (2) $5,000,000 for fiscal year 1997; 118 (3) $6,000,000 for fiscal year 1998; (4) $7,000,000 for fiscal year 1999; and (5) $8,000,000 for fiscal year 2000. Subtitle Q- Community-Based Justice Grants for Prosecutors SEC. 31701. GRANT Authorization (a) IN GENERAL.--The Attorney General may make grants to State, Indian tribal, or local prosecutors for the purpose of Supporting the creation or expansion of community-based justice program (b) CONSULTATION.--The Attorney General may consult with the Ounce of Prevention Council in making grantS under subsection (a) SEC. 31702. USE OF FUNDS. Grants made by the Attorney General under this section shall be used- (I) to fund programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effort to reduce the incidence o~ 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 individualized sanctions, designed to deter that offender from further antisocial conduct, and impose increasingly serious sanctions on a young offender who continues to commit offenses; (3) to fund programs that coordinate criminal justice re sources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counselling, educational, and recreational programs that create alternatives to criminal activity, and (4) in rural States (as defined in section 1501(b) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 . . . 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 I directed toward the issues with which such entities are concerned. SEC. 31703. APPLICATIONS. (a) ELIGIBILITY.--In order to be eligible to receive a grant under this part for any fiscal year, a State, Indian tribal, or local prosecutor, in conjunction with the chief executive officer of the jurisdiction in which the program will be placed, shall submit an application to the Attorney General in Such form and containing Such information as the Attorney General may reasonably require (b) REQUIREMENTS.--Each applicant shall include-- 119 (1) a request for funds for the purposes described in section (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 actiuities funded under this (4) statistical information in such form and containing such information that the Attorney General may require. (C) COMPREHENSIVE PLAN.--Each applicant shall include a comprehensive plan that shall contain- (1) a description of 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; (4) a description of how the requested grant will be used to fill gaps. SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. (a) ADMINISTRATIVE COST LIMITATION.--The Attorney General shall use not more than 5 percent of the funds available under this program for the purposes of administration and technical assistance. (b) RENEWAL OF GRANTS.--A grant under this part may be re- newed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant under this part, subject to the auailability 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 pro- gram described in the comprehensive plan required by section 31703. SEC. 31705. AWARD OF GRANTS. The Attorney General shall consider the following facts in awarding grants: (1) Demonstrated need and evidence of the ability to pro- vide the services described in the plan required under section 31703. (2) The Attorney General shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. SEC. 31706. REPORTS. (a) REPORT TO ATTORNEY GENERAL. State and local prosecu- tors that receive funds under this subtitle shall submit to the Attor- pey General a report not later than March 1 of each year that de-. 120 scribes progress achieved in carrying out the plan described under (b) REPORT TO CONGRESS.--The Attorney General shall submit to the Congress a report by October I of each year in Which grant are made available under this subtitle which shall contain a de tailed statement regarding grant awards, activitieS of grant recipients, a compilation of statistical information submitted by applicants, and an evaluation of programs established under this sub SEC. 31707. AUTHORIZATION OF APPROPRIATIONS There are authorized to be appropriated to carry out this sub (1) $7,000,000 for fiscal year 1996; (2) $10,000,000 for fiscal year 1997(3) $10,000,000 for fiscal year 1998; (4) $11,000,000 for fiscal year 1999; and (5) $12,000,000 for fiscal year 2000. SEC 31708. DEFINITIONS In this subtitle-- "Indian tribe" meanS a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (As defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized As eligible for the special programs and services pro- vided by the United States to Indians because of their status as "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands. Young violent offender" means individuals, ages 7 through 22, who have committed crimes of violence, weapons offenses drug distribution, hate crimes and civil rights violations, and offenses against personal property of another. Subtitle R-Child Safety SEC. 31801. SHORT TITLE. This subtitle may be cited As the "Child Safety Act" SEC. 31802. PURPOSE. The purpose of thiS subtitle is to authorize funding to enable su- pervised visitation centers and programs to provide the following: (I) Supervised visitation for children whose parents are separated or divorced and the children are at risk because-- (A) there is documented sexual, physical, or emotional abuse As determined by the a court of competent jurisdiction; (B) there is suspected or elevated risk of sexual, physical, or emotional abuse, or there have been threats of parental abduction of the child; (C) due to domestic violence, there is an ongoing risk of harm to a parent or child; 121 (D) a parent is impaired because of substance abuse or mental illness; (E) there are allegations that a child is at risk for any of the reasons stated in subparagraphs (A), (B), (C), and (D), pending an investigation of the allegations; or (F) other circumstances, as determined by a court of competent jurisdiction, point to the existence of such a risk. (2) Supervised visitation for children who have been removed from their parentS and placed outside the home as a result of abuse or neglect or other risk of harm to them. (3) An evaluation of visitation within the center or program, or contracted out to appropriately trained professionals, to Assist in making determinations of future placement of children or access to the parents. (4) A safe location for custodial parents to temporarily transfer custody of their children to noncustodial parents, or ~-. where a parent or child is at risk for any of the reasons stated in paragraph (1). (5) An additional safeguard against the child witnessing abuse or a safeguard against the injury or death of a child or parent. (6) An environment for families to have positive interaction activities, quality time, non-violent memory building experiences during visitation to help build the parent/child relationship. (7) Parent and child education and support groups to help parents heal and learn new skills, and to help children heal from past abuse or family conflict. (8) Documentation of visitation for use by child protective services, court-ordered evaluators, individuals or entities treating a family member, or a court of competent jurisdiction. SEC 31803. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS. (a) IN GENERAL.--The Secretary of Health and Human Services (hereafter referred to in thiS subtitle as the "Secretary") is authorized to) award grantS to and enter into contracts and cooperative agreements With new or existing Public or nonprofit private entities to assist Such entitieS in the establishment or operation of supervised visitation centers. (b) CONSIDERATIONS.--In awarding grants, contracts and agreements under subsection (a), the Secretary shall take into acCount-- (1) the number of families to be served by the existing or proposed visitation center to be funded under the grant, contract, or agreement; (2) the extent to which supervised visitation centers are needed locally; (3) the relative need of the applicant; and (4) the capacity of the applicant to make rapid and effective use of assistance provided under the grant, contract, or agreement. (c) USE OF FUNDS.-- (1) IN GENERAL.--Amounts provided under a grant, contract or cooperative agreement awarded under this section shall 122 be used to support existing programs or establish new supervised visitation centers and for the purposes described in section 31802. In using such amounts, granteeS shall target the economically disadvantaged and those individuals who could not otherwise afford such visitation services. Other individuals may be permitted to utilize the ------------------------------ Cut here ------------------------------ Part 6/16, total size 65488 bytes: ------------------------------ Cut here ------------------------------ service provided by the center on a fee basis. (2) PROHIBITION. NO visitation center funded under this title shall permit participation of any person denied visitation rights by a court of law. SEC. 31804. DEMONSTRATION GRANT APPLICATION. (a) IN GENERAL.--A grant, contract, or cooperative agreement may not be made or entered into under this Act unless an application for such grant, Contract or cooperative agreement has been submitted to and approved by the Secretary. (b) APPROVAL.--Grants, contracts, and cooperative agreements under this Act shall be awarded in accordance With such regulations as the Secretary may promulgate. At a minimum, to be approved by the Secretary under this section an application shall-- (1) demonstrate that the applicant has recognized expertise in the area of family violence, and a record of high-quality service to victimS of family violence; and (2) include specific procedures to minimize risk of harm to any client during services at the center or program. SEC. 31805. EVALUATION OF DEMONSTRATION PROJECTS. (a) IN GENERAL.--Not later than 30 days after the end of each fiscal year, a recipient of a grant, contract or cooperative agreement under this Act shall prepare and submit to the Secretary a report that containS information concerning-- (1) the number Of families served per year; (2) the number ~f families and the number of visits per family served per year categorized by-- (A) origin of referral, if any; (B) all reasons for Use of center or program, including--(i) child abuse or neglect; (ii) child sexual abuse; (iii) domestic violence; (iv) substance abuse; (v) mental illness; (vi) risk of parental abduction; (vii) interference With visitation, (viii) foster care arrangement; and (ix) order of protection, and (C) length of visits in hours; (3) the number of supervised visitation arrangements terminated because of violations of visitation terms, including violence; (4) the number of protective temporary transfers of custody during the report year; (5) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations; 123 (6) the number of safety and security problems that occur during the report year; (7) the number of families who are turned away because the center cannot accommodate the demand for services; (8) the process by which children or abused partners will be protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created; (9) the type of service provided, including-- (A) supervision of exchange only; (B) supervision of visits occurring on site; and (C) supervision of visits occurring off site; (10) other services provided, such as parent and child education and support groups; and (11) any other information determined appropriate in regulations promulgated by the Secretary. (o EVALUATION.--The Secretary shall designate an appropriate agency to conduct or coordinate an evaluation of the supervised visitation center or program operated under the grant, contract, or agreement. The selected agency shall make agreements with the court and the child protection social services division of the State to participate in the evaluation of the center or program, and shall ensure that local domestic violence agencies or state and local domestic violence coalitions are solicited and their evaluations and opinions are included in the evaluation. The entities conducting such evaluations, separately or in combination, shall submit a narrative evaluation of the center or program to the center or program, the coordinating State agency, and the secretary. (c) DEMONSTRATION OF NEED.--The recipient of a grant, contract or cooperative agreement under thiS Act shall demonstrate, during the first 3 yearS of the project operated under the grant, contract or agreement, the need for continued funding. SEC. 31806. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN. (a) AUTHORIZATION.--The Secretary may award special grants to public or nonprofit private entitieS to assist such entities in designing and implementing research on supervised visitation centers or programS established under thiS Act to determine-- (1) the performances of the supervised visitation centers and programs receiving grants, making Use of the data reported under section 31805 where possible; (2) the effect of supervised visitation on children, including in particular-- (A) the effect on children who have been sexually abused or severely physically abused by a parent; (B) whether the effect on such children is different if contact is allowed only when the abusive parent has completed a certified course for such abusers; or (C) whether the effect on such children is different if contact is allowed only where the Child expresses a positive wish for contact; 124 (3) the effect of the families' use of supervised visitation services on their use of the court system, including in particular, the number and nature of subsequent returns to court; (4) the relationship between the type of abuse or neglect experienced by the child and the use of supervised visitation centers by the maltreating parent; (5) in cases of spouse or partner abuse only, the extent to which supervised visitation should be predicated on participa- tion by the abusive spouse in a specialized treatment program; and (6) such other issues as determined by the Secretary. (b) Application.--To be eligible to receive a grant under this section an entity shall prepare and submit to the Secretary an application at such time, in such manner and containing such information as the Secretary may require, including documentary evidence to demonstrate that the entity possesses significant experience in social science research with particular experience in research concerning clinical issues involving children, abuse, and visitation. The level of clinical expertise and experience required will be determined by the Secretary. (C) REPORT.--For the duration of the grant, the grantee shall prepare and submit to the Secretary a report of the research and data collected, at such times as the Secretary may require. SEC. 31807. REPORTING. Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to the appropriate committees of Congress a report containing the information collected under the reports received under sections 31805 and 31806 including recommendations made by the Secretary concerning whether or not the supervised visitation center demonstration and research programs should be reauthorized. SEC. 31808. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.--There are authorized to be appropriated for the purpose of awarding grants, contracts, and cooperative agreements under this subtitle (1) $4,000,000 for fiscal year 1996; (2) $5,000,000 for fiscal year 1997; (3) $6,000,000 for fiscal year 1998; (4) $7,000,000 for fiscal year 1999; and (5) $8,000,000 for fiscal year 2000. (b) Distribution.~f the amountS appropriated under subsection (a) for each fiscal year-- (1) not less than 90 percent shall be used to award grants, contracts, or cooperative agreementS under section 31804; and (2) not more than 10 percent shall be used to award grants under section 31806. 125 Subtitle S--Family Unity Demonstration Project SEC. 31901. SHORT TITLE. This subtitle may be cited as the "Family Unity Demonstration Project Act". SEC'. 31902. PURPOSE. The purpose of this subtitle is to evaluate the effectiveness of certain demonstration projects in helping to-- (I) alleviate the harm to children and primary caretaker parents caused by separation due to the incarceration of the parents; (2) reduce recidivism rates of prisoners by encouraging strong and supportive family relationships; and (3! explore the cost effectiveness of community correctional facilities. SEC. 31903. DEFINITIONS. In this subtitle-- "child" means a person who is less than 7 years of age. "community correctional facility" means a residential facility that-- (A) is used only for eligible offenders and their children under 7 years of age; (B) is not within the confines of a jail or prison, (C) houses no more than 50 prisoners in addition to their children; and (D) provides to inmates and their children-- (i) a safe, stable, environment for children; (ii) pediatric and adult medical care consistent with medical standards for correctional facilities; (iii) programs to improve the stability of the parent-child relationship, including educating parents re- garding-- (I) child development; and (IV household management; (iv) alcoholism and drug addiction treatment for prisoners; and (v) programs and support services to help in mates-- (I) to improve and maintain mental and physical health, including access to counseling; (II) to obtain adequate housing upon release from State incarceration; (III) to obtain suitable education, employment, or training for employment; and (IV) to obtain suitable child care. "eligible offender" meanS a primary caretaker parent who-- (A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and (B) has not engaged in conduct that-- 126 (i) knowingly resulted in death or serious bodily injury; (ii) is a felony for a crime of violence against a per son; or (iii) constitutes child neglect or mental, physical, or sexual abuse of a child. "primary caretaker parent" means-- (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or (B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child, a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category ~primary caretaker". "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United states virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. SEC. 31904. AUTHORIZATION OF Appropriations. (a) AUTHORIZATION.--There are authorized to be appropriated to carry out this subtitle-- (I) $4,000,000 for fiscal year 1996; (2) $4,000,000 for fiscal year 1997; (3) $4,000,000 for fiscal year 1998; (4) $4,000,000 for fiscal year 1999; and (5) $6,000,000 for fiscal year 2000. (b) AVAILABILITY OF APPROPRIATIONS. If the amount appropriated under subsection (a) for any fiscal year-- (I) 90 percent shall be available to carry out chapter 1; and (2) 10 percent shall be available to carry out chapter 2. CHAPTER I~RANTS TO STATES SEC 31911. AUTHORITY TO MAKE GRANTS. (a) GENERAL AUTHORITY.--The Attorney General may make grants, on a competitive basis, to States to carry out in accordance with this subtitle family unity demonstration projects that enable eligible offenders to live in community correctional facilities with their children. (b) PREFERENCES.--For the purpose of making grants under subsection (a), the Attorney General shall give preference to a state that includes in the application required by section 31912 assurances that if the State receives a grant-- (I) both the State corrections agency and the State health and human serviceS agency will participate substantially in, and cooperate closely in all aspects of the development and operation of the family unity demonstration project for Which such a grant IS requested; (2) boards made up of community members, including residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and 127 child health professionals will be established to advise the State regarding the operation of such project; (3) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes; (4) unless the Attorney General determines that a longer timeline is appropriate in a particular case, the State will implement the project not later than 180 days after receiving a grant under subsection (a) and will expend all of the grant during a l-year period; (5) the State has the capacity to continue implementing a community correctional facility beyond the funding period to ensure the continuity of the work; (6) unless the Attorney General determines that a different process for selecting participants in a project is desirable, the state will-- (A) give written notice to a prisoner, not later than 30 days after the state first receives a grant under subsection (a) or 30 days after the prisoner is sentenced to a term of imprisonment of not more than 7 years (whichever is later), of the proposed or current operation of the project; (B) accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoner's sentence exceeds 180 days; (C) review applications by prisoners in the sequence in which the State receives such applications; and (D) not more than 50 days after reviewing such applications approve or disapprove the application; and (7) for the purposes of selecting eligible offenders to participate in such project, the State has authorized state courts to sentence an eligible offender directly to a community correctional facility, provided that the court gives assurances that the offender would have otherwise served a term of imprisonment. (c) SELECTION OF GRANTEES.-- The Attorney General shall make grants under subsection (a) on a competitive basis, based on such criteria as the Attorney General shall issue by rule and taking into account the preferences described in subsection (b). SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS. To be eligible to receive a grant under section 31911, a State shall submit to the Attorney General an application at such time, in such form, and containing such information as the Attorney General reasonably may require by rule. SEC 31913. REPORT. (a) IN GENERAL.--A State that receives a grant under this title shall, not later than 90 days after the 1-year period in which the grant is required to be expended, submit a report to the Attorney General regarding the family unity demonstration project for which the grant was expended. (b) CONTENTS.--A report under subsection (a) shall-- 128 (1) state the number of prisoners who submitted applications to participate in the project and the number of prisoners who were placed in community correctional facilities (2) state, with respect to prisoners placed in the project, the number of prisoners who are returned to that jurisdiction and custody and the reasons for such return, (3) describe the nature and scope of educational and training activities provided to prisoners participating in the project (4) state the number, and describe the scope of contracts made with public and nonprofit private community-based organizations to carry out such project; and (5) evaluate the effectiveness of the project in accomplishing the purposes described in section 31902. CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL. (a) IN GENERAL.--With the funds available to carry out this subtitle for the benefit of Federal prisoners, the Attorney General acting through the Director of the Bureau of Prisons, shall select eligible prisoners to live in community correctional facilities with their (b) GENERAL CONTRACTING AUTHORITY.--In implementing this title, the Attorney General may enter into contracts with appropriate public or private agencies to provide housing, sustenance services and supervision of inmates eligible for placement in community correctional facilities under this title. (C) USE OF STATE FACILITIES.--At the discretion of the Attorney General, Federal participants may be placed in State projects as de- fined in chapter 1. For such participants, the Attorney General shall, with funds available under section 31904(b)(2), reimburse the State for all project costs related to the Federal participant's placement, including administrative costs. SEC. 31922. REQUIREMENTS. For the purpose of placing Federal participants in a family unity demonstration project under section 31921, the Attorney General shall consult with the Secretary of Health and Human Services regarding the development and operation of the project. Subtitle T--Substance Abuse Treatment in Federal Prisons SEC 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS Section 3621 of title 18, United States Code, is amended-- (I) in the last sentence of subsection (b), by striking " to the extent practicable,"; and (2) by adding at the end the following new subsection: (e) SUBSTANCE ABUSE TREATMENT.-- (I) PHASE-IN.--In order to carry out the requirement of the last sentence of subsection (b) of this section, that every prisoner with a substance abuseproblem have the opportunity to participate in appropriate Substance abuse treatment, the Bureau of 129 Prisons shall, subject to the availability of appropriations, provide residential substance abuse treatment (and make arrangements for appropriate aftercare)-- "(A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; "(B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; and "(C) for all eligible prisoners by the end of fiscal year 1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner's proximity to release date. "(2) INCENTIVE FOR PRISONERS SUCCESSFUL COMPLETION OF TREATMENT PROGRAM.-- "(A) GENERALLY.--Any prisoner who, in the judgment of the Director of the Bureau of Prisons, has successfully completed a program of residential substance abuse treatment provided under paragraph (V of this subsection, shall remain in the custody of the Bureau under such conditions as the Bureau deems appropriate. If the conditions of con- finement are different from those the prisoner would have experienced absent the successful completion of the treatment, the Bureau shall periodically test the prisoner for substance abuse and discontinue such conditions on determining that substance abuse has recurred. '(B) PERIOD OF CUSTODY.--The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve. "(3) REPORT.--The Bureau of Prisons shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives on January 1, 1995, and on January 1 of each year thereafter, a report. Such report shall contain-- "(A) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau; "(B) a full explanation of how eligibility for such programs is determined, with complete information on what proportion of prisoners with substance abuse problems are eligible; and "(C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title. (4) AUTHORIZATION OF APPROPRIATION.--There are authorized to be appropriated to carry out this subsection-- "(A) $15,000,000 for fiscal year 1996; "(B) $21,000,000 for fiscal year 1997; "(C) $28,000,000 for fiscal year 1998; "(D) $30,000,000 for fiscal year 1999; and "(E) $31,000,000 for fiscal year 2000. 130 "(5) DEFINITIONS.--As used in this subsection-- "(A) the term 'residential substance abuse treatment' means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population-- "(i) directed at the substance abuse problems of the prisoner; and "(ii) intended to develop the prisoner's cognitive, behavioral, social, vocational and other skills so as to solve the prisoner's substance abuse and related problems; "(B) the term 'eligible prisoner' means a prisoner who is-- "(i) determined by the Bureau of Prisons to have a substance abuse problems, and "(ii) willing to participate in a residential sub stance abuse treatment program; and "(C) the term 'aftercare' means placement, case management and monitoring of the participant in a community based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons. (6) COORDINATION OF FEDERAL ASSISTANCE.--The Bureau of Prisons shall consult with the Department of Health and Human Services concerning substance abuse treatment and related services and the incorporatiOn of applicable components of existing comprehensive approaches including relapse prevention and aftercare services.". Subtitle U--Residential Substance Abuse Treatment for State Prisoners SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(a), Is amended-- (1) by redesignating part S as part T; (2) by redesignating section 1901 as section 2001; and (3) by inserting after part R the following new part: "PARTS--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS "SEC 1901. GRANT AUTHORIZATION. "(a) The Attorney General may make grants under this part to States, for use by States and units Of local government for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in Which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. 131 "(b) Consultation.--The Attorney General shall consult with the secretary of Health and Human Services to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches including relapse prevention and after care services. SEC. 1902. STATE APPLICATIONS. "(a) IN GENERAL. (1) To request a grant under this part the chief exeCUtiVe of a State shall submit an application to the Attorney General in Such form and containing such information as the Attorney General may reasonably require. "(2) Such application shall include assurances that Federal funds received under thiS part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. "(3) Such application shall coordinate the design and implementation of treatment programs between State correctional representativeS and the State Alcohol and Drug Abuse agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency). "(b) SUBSTANCE ABUSE TESTING REQUIREMENT.--To be eligible to receive funds under this part, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. "(C) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT.-- "(1) To be eligible for a preference under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services. "(2) state aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self-help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program. "(3) To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole. (d) COORDINATION OF FEDERAL ASSISTANCE.--Each application submitted for a grant under this section shall include a description of how the funds made available under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services currently provided by the Department of 132 Health and Human Services' Substance Abuse and Mental Health &rvices Administration. (e) STATE OFFICE.--The Office designated under section 507 "(1) shall prepare the application as required under this section; and "(2) shall administer grant fiunds received under thiS part including review of spending, processing, progreSS, financial re- porting, technical assistance, grant adjustments, accounting auditing, and fund disburse nent. "SEC. 1903. REVIEW OF STATE APPLICATIONS. "(a) IN GENERAL.--The Attorney General shall make a grant under section 1901 to carry out the projectS described in the application submitted under section 1902 upon determining that-- "(I) the application is consistent with the requirements of this part; and "(2) before the approval of the application the Attorney Gen eral has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part "(b) APPROVAL.-- Each application submitted under section 1902 shall be considered approved, in whole or in part, by the Attorney General not later than 90 days after first received unless the Attorney General informs the applicant of specific reasons for disapproval. "(c) RESTRICTION.--Grant funds received under this part shall not be used for land acquisition or construction projects (d) DISAPPROVAL NOTICE AND RECONSIDERATION.--The Attorney General shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. "SEC 1904. ALLOCATION AND DISTRIBUTION OF FUNDS. "!a) ALLOCATION.--Of the total amount appropriated under this part in any fiscal year-- "(1) 0.4 percent shall be allocated to each of the participat ing States; and "(2) of the total fiunds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining fiunds described in this paragraph as the State prison populntion of such State bears to the total prison population of all the participating States. '(b) FEDERAL SHARE.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the proJects described in the application submitted under section 1902 for the fiscal year for which the projects receive assistance under this part. "SEC. 1905. EVALUATION. "Each State that receives a grant under this part shall submit to the Attorney General an evaluation not later than March I of each year in such form and containing such information as the Attorney General may reasonably require.". (b) TECHNICAL AMENDMENT.--The table of contents of title I of the Omncbus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 133 3711 et seq.), as amended by section 20201(b), cs amended by inserting after the matter relating to part R the following new part: "PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 1901. Grant authorization, ~or, 1902. State applications. 1903. Review of State applications. 1904. Allocation and distribution of funds. 1905. Evaluation. "PART T--TRANSITION-EFFECTIVE DATE-REPEALER Sec. 2001. Confirmation of rules, authorities, and proceedings (C) DEFINITIONS.--Section 901(a) of the Omnibus Crime Control Safe Streets Act of 1968 (42 U.S.C. 3791(a)), (as amended by 'ion 20201(c), is amended-- (1) by striking "and" at the end of paragraph (23); (2) by striking the period at the end of paragraph (24) and inserting~ "; and"; and (3) by adding at the end the following new paragraph: "(25) the term 'residential substance abuse treatment program' means a course of individual and ,~roup activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population-- "(A) directed at the substance abuse problems of the prisoner; and "(B) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems.". (d) AUTHORIZATION OF APPROPRIATIONS.--Section 1OO1(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 2 U.S.C. 3793), as amended by section 20201(d), is amended-- (I) in paragraph (3) by striking ~and R" and inserting ~R, or S"; and (2) by adding at the end the following new paragraph: "(17) There are authorized to be appropriated to carry out the projects under part S-- "(A) $30,000,000 for fiscal year 1996; "(B) $40,000,000 for fiscal year 1997; "(C) $70,000,000 for fiscal year 1998; "(D) $80,000,000 for fiscal year 1999; and "(E) $80,000,000 for fiscal year 2000." Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions Sec. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN CORRECTIONAL INSTITUTIONS. (a) GUIDELINES.--The Attorney General, in consultation with he 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 correc- tional institutions and the Immigration and Naturalization Service, guidelines for the prevention, diagnosis, treatment, and followup 134 care of tuberculosis among inmates of correctional institutiOns an~persons held in holding facilities operated by or under contract wit~ the Immigration and Naturalization Service. (b) COMPLIANCE.--The Attorney General shall ensure that prisons in the Federal prison system and holding facilities operated b or under contract with the Immigration and Naturalization Service comply with the guidelines described in subsection (a). (c) GRANTS.-- (1) IN GENERAL.--The Attorney General shall make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates of correctional institutions (2) FEDERAL SHARE.--The Federal share of funding of a program funded with a grant under paragraph (1) shall not exceed 50 percent. (3) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (A) $700,000 for fiscal year 1996; (B) $1,000,000 for fiscal year 1997; (C) $1,000,000 for fiscal year 1998; (D) $1,100,000 for fiscal year 1999, and (E) $1,200,000 for fiscal year 2000. (d) DEFINITIONS.--In this section-- "Indian tribe means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "Staten means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands. Subtitle W--Nope in Youth Program SEC. 32301. PROGRAM AUTHORITY. (a) IN GENERAL.--The Secretary of Health and Human Services (referred to in this subtitle as the "Secretary") may make grants to eligible service providers in one or more political subdivisions of a State containing an area designated as an empowerment zone or enterprise community, as authorized under the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), that have submitted an approved plan to establish advisory organizations in low-income communities within the political subdivision containing an empowerment zone which will serve as umbrella agencies for strategic planning and evaluation of service programs serving the low-income communities in which the advisory organization operates. (b) COORDINATION WITH THE OUNCE OF PREVENTION COUNCIL.--The Secretary may coordinate with the Ounce of Prevention Council in making grants under subsection (a). 135 SEC. 32302. PROGRAM REQUIREMENTS. Each advisory organization established as described in section 32301 shall-- (1) provide a permanent multi-issue forum for public discussion which will serve as part a stable infrastructure of community outreach and support, (2) develop a mechanism by which local support service providers may be evaluated and assessed in the level of service they provide to the community, and which establishes a method for advisory organization participants to review and participate in efforts to maintain or increase the quality of services provided by such providers, (3) create a Family Outreach Team approach which provides a youth worker, a parent worker, and a school-parent organizer to provide training in outreach, mentoring, community organizing and peer counseling and mentoring to locally recruited volunteers in a particular area. The Family Outreach Team assists such volunteers in outreach, development and coordination of service delivery from among the service providers in the area, including the schools, (4) establish processes by which local public agencies can effectively involve the private sector in the provision of services that meet the needs of local communities, (5) establish processes of coalition building in which diverse groups within low-income communities attempt to work cooperatively to meet the collective needs of low-income communities, and (6) create a training program to foster community-based leadership in low-income communities. SEC. 32303. ELIGIBLE PROVIDERS. Consortia of public and private nonprofit local social service or- ganizations that have a proven ability to involve disparate populations of low-income citizens and competing service providers are eligible to receive grants under section 32301. SEC. 32304. APPLICATIONS. Applications may be submitted, for approval by the Secretary, by eligible service providers at such time and in such manner as the Secretary may reasonably require. Such applications shall contain-- (1) assurances that selection of participants, organizations, and citizens will not be on the basis of religious preference or affiliation, (2) assurances that participating organizations and citizens will not offer services based on any religious preference or affiliation, and (3) assurances that such service providers will, to the extent practicable, involve participation by citizens not traditionally involved in such activities, including homeless individuals, alcohol- and drug-addicted individuals, and gang involved or violent youth. SEC. 32305. EVALUATION The Secretary shall commence a program to evaluate the success and effectiveness of this program 2 years after the program has 136 received an appropriation, and such evaluation shall be completed no later than 1 year after the second program year has been completed. A report thereon shall be submitted to the Congress within~ 60 days of the completion of the evaluation. SEC. 32306. DEFINITION. As used in this subtitle, the term "state" meanS a state, the District of Columbia, the Commonwealth of Puerto Rico, the United States virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. SEC. 32307. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this subtitle-- (1) $3,000,000 for fiscal year 1996; (2) $3,500,000 for fiscal year 1997; (3) $4,000,000 for fiscal year 1998; (4) $4,500,000 for fiscal year 1999; (5) $5,000,000 for fiscal year 2000; Subtitle X-Gang Resistance Education and Training SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS. (a) ESTABLISHMENT OF PROJECTS.-- (I) IN GENERAL.--The Secretary of the Treasury shall establish not less than 50 Gang Resistance Education and Training (GREAT) projects, to be located in communities across the country, in addition to the number of projects currently funded. (2) SELECTION OF COMMUNITIES.--Communities identified for such GREAT projects shall be selected by the Secretary of the Treasury on the basis of gang-related activity in that particular community. (3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.-The Secretary of the Treasury shall make available not less than $800,000 per project, subject to the availability of appropriations, and such funds shall be allocated-- (A) 50 percent to the affected State and local law enforcement and prevention organizations participating in such projects; and (B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for salaries, expenses, and associated administrative costs for operating and overseeing such projects. (b) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 1995; (2) $8,000,000 for fiscal year 1996; (3) $8,000,000 for fiscal year 1997; (4) $8,000,000 for fiscal year 1998; (5) $8,000,000 for fiscal year 1999; and (6) $8,000,000 for fiscal year 2000. 137 TITLE IV--VIOLENCE AGAINST WOMEN SEC 40001. SHORT TITLE. This title may be cited as the "Violence Against Women Act of 1994" Subtitle A--Safe Streets for Women SEC. 40001 SHORT TITLE. This title may be cited as the "Safe Streets for Women Act CHAPTER I--FEDERAL PENALTIES FOR SEX Crimes SEC. 40111. REPEAT OFFENDERS. (a) IN GENERAL.--Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section: "2247. Repeat offenders "Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact have become final, is punishable by a term of imprisonment up to twice that otherwise authorized.". (b) AMENDMENT OF SENTENCING GUIDELINES.--The Sentencing Commission shall implement the amendment made by subsection (a) by promulgating amendments, if appropriate, in the sentencing guidelines applicable to chapter 109A offenses. (c) CHAPTER ANALYSIS.--The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item: 2247. Repeat offenders. SEC. 40112. FEDERAL PENALTIES. (a) AMENDMENT OF SENTENCING GUIDELINES.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, or sexual abuse under section 2242 of title 18, United States Code, as follows: (I) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to enhance penalties if more than 1 offender is involved in the offense. (2) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim. (3) The Commission shall review and promulgate amendments to the guidelines to enhance penalties, if appropriate, to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States. 138 (4) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to account for the general problem of recidivism in cases of sex offenses, the severity of the offense, and its devastating effects on survivors. (b) REPORT.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission shall review and submit to Congress a report containing an analysis Of Federal rape sentencing, accompanied by comment from independent experts in the field, describing-- (1) comparative Federal sentences for cases in which the rape victim iS known to the defendant and cases in which the rape victim is not known to the defendant (2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and (3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense's being committed on Federal territory. SEC. 40113. MANDATORY RESTRICTION FOR SEX CRIMES (a) SEXUAL ABUSE.-- (1) IN GENERAL.--Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section: "~2248. Mandatory restitution "(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. (b) SCOPE AND NATURE OF ORDER.-- "(1) DIRECTIONS.--The order of restitution under this section shall direct that-- "(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. (2) ENFORCEMENT BY VICTIM.--An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. (3) DEFINITION.--For purposes of this subsection, the term full amount of the victim's losses' includes any costs incurred by the victim for-- "(A) medical services relating to physical, psychiatric, or psychological care; "(B) physical and occupational therapy or rehabilitation; "(C) necessary transportation, temporary housing, and child care expenses; "(D) lost income; "(E) attorneys' fees, plus any costs incurred in obtain in~ a civil protection order: and 139 "(F) any other losses suffered by the victim as a proximate result of the offense. "(4) ORDER MANDATORY. "A) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of-- "(i) the economic circumstances of the defendant; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid. "(ii) For purposes of this subparagraph, the term 'economic circumstances' includes-- "(V the financial resources and other assets of the defendant; "(II) projected earnings, earning capacity, and other in come of the defendant; and "(III) any financial obligations of the defendant, including obligations to dependents. "(D) Subparagraph (A) does not apply if-- "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a 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 victim's losses, and provides a nominal restitution award. "(5) MORE THAN 1 OFFENDER.--When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. (6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. (7) PAYMENT SCHEDULE.--An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. (8) SETOFF.--Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in-- "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State. "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from in- 140 surance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss. "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probatIon or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply "(c) PROOF OF CLAIM.-- "(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the United States Attorney's delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney's delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. "(2) OBJECTION.--If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses. "(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. (4) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not ascertainable by the date that is 10 days prior to sentenCing as provided in paragraph (1), the United States Attorney (or the United States Attorney's delegee) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. 141 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 fail- ure to include such losses in the initial claim for restitutionary "(d) MODIFICATION OF ORDER.--A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the of "(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subJect to a de novo determination of the issue by the court. "(f) DEFINITION.--For purposes of this section, the term victim means the individual harmed as a result of a commission of a crime t- under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victims estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian. (2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by adding at the end the following new item: "2248. Mandatory restitution.~. (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.-- (1) IN GENERAL.--Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section: "2259. Mandatory restitution "(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any other civil or criminal penalty author~zed by law, the court shall order restitution for any offense under this chapter. "(b) SCOPE AND NATURE OF ORDER.-- "(1) DIRECTIONS.--The order of restitution under this section shall direct that-- "(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victims losses as determined by the court, pursuant to paragraph (3); and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. "(2) ENFORCEMENT BY VICTIM.--An order of restitution may also be enforced by a victim named in the order to receive the restitution in the same manner as a Judgment in a civil action. "(3) DEFINITION.--For purposes of this subsection, the term 'full amount of the victim's losses' includes any costs incurred by the victim for-- "(A) medical services relating to physical, psychiatric, or psychological care; 142 "(B) physical and occupational therapy or rehabilitation; "(C) necessary transportation, temporary housing, and child care expenses; "(D) lost income; "(E) attorneys' fees, as well as other costs incurred; and "(F) any other losses suffered by the victim as a proximate result of the offense. (4) ORDER MANDATORY. "(A) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of-- "(i) the economic circumstances of the defendant; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid. "(ii) For purposes of this subparagraph, the term 'economic circumstances includes-- "(V the financial resources and other assets of the defendant; "(II) projected earnings, earning capacity, and other in come of the defendant; and "(III) any financial obligations of the defendant, including obligations to dependents. "(D) Subparagraph (A) does not apply if-- "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a 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 victim's losses, and provides a nominal restitution award. (5) MORE THAN 1 OFFENDER.--When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. (6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim. (7) PAYMENT SCHEDuLE.--An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. "(8) SETOFF.--Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in-- 143 "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State. "(9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss. "(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply. "(c) PROOF OF CLAIM.-- "(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the United States Attorney's delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney's delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so. "(2) OBJECTION.--If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses. '(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. 144 "(4) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not ascertainable by the date that is 10 days prior sentencing as provided in paragraph (1), the United States Attorney (or the United States Attorney's delegee) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing if the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. "(d) MODIFICATION OF ORDER.--A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender. (e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. (f) DEFINITION.--For purposes of this section, the term victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.". (2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by adding at the end the following new item 2259. Mandatory restitution E SEC. 40114. Authorization FOR FEDERAL VICTIM'S COUNSELORS There are authorized to be appropriated for the United States Attorneys for the purpose of appointing Victim/Witness Counselors for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia)-- (1) $500,000 for fiscal year 1996- (2) $600,000 for fiscal year 1997; and (3) $500,000 for fiscal year 1998. CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN SEC. 40121. GRANTs TO COMPARE VIOLENT CRIMES AGAINST WOMEN (a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(a), is amended-- (1) by redesignating part T as part U (2) by redesignating section 2001 as section 2101; and (3) by inserting after part S the following new part: 145 "PART T-GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS. "(a) GENERAL PROGRAM PURPOSE.--The purpose of this part is to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crime, against women. (B) Purposes for Which Grants May Be USED. Grants under this part shall provide personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, and specifically, for the purposes of-- "1) training law enforcement officers and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault and domestic violence "(2) developing training, or expanding units of law enforcement officers and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence; "(3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence; "(4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence; "(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to racial, cultural, ethnic, and language minorities, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence; "(6) developing, enlarging, or strengthening programs addressing stalking; and "(7) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence. SEC.2002. STATE GRANTS. (a) GENERAL GRANTS.--The Attorney General may make grantS to States, for use by States, units of local government, non- profit nongovernmental victim services programs, and Indian tribal governments for the purposes described in section 2001(b). 146 "(b) Amounts. Of the amounts appropriated for the purpose- "(1) 4 percent shall be available for grants to Indian tribal governments; "(2) $500,000 shall be available for grants to applicants in each state; and "(3) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the state bears to the States that result from a distribution among the States on the basis of each State's population in relation to the population of all States (not including populations of Indian tribes) "(c) QUALIFICATION.--Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this pa upon certification that-- "(1) the funds shall be used for any of the purposes described in section 2001(b); "(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit nongovernmental victim services programs, including sexual as assault and domestic violence victim services programs; "(3) at least 26 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas prosecution, law enforcement, and victim services, and "(4) any Federal funds received under this part shall be used to ------------------------------ Cut here ------------------------------ Part 7/16, total size 65533 bytes: ------------------------------ Cut here ------------------------------ supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. (d) APPLICATION REQuIREMENTs.--The application requirements provided in section 513 shall apply to grants made under this part. In addition, each application shall include the certifications of qualification required by subsection (c), including documentation from nonprofit, nongovernmental victim services programs, describing their participation in developing the plan required by subsection (c)(2). An application shall include-- "(1) documentation from the prosecution, law enforcement, and victim services programs to be assisted, demonstrating-- "(A) need for the grant funds- "(B) intended use of the grant funds; "(C) expected results from the use of grant funds; and (D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background; "(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2005- and "(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases provided in section 2006. "(e) DISBURSEMENT.-- "(1) IN GENERAL.--Not later than 60 days after the receipt of an application under this part, the Attorney General shall-- "(A) disburse the appropriate sums provided for under this part; or 147 "(B) inform the applicant why the application does not conform to the terms of section 513 or to the requirements of this section. "(2) REGULATIONS.--In disbursing monies under this part, the Attorney General shall issue regulations to ensure that States will-- "(A) give priority to areas of varying geographic size with the greatest showing of need based on the availability of existing domestic violence and sexual assault programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas; "(B) determine the amount of subgrants based on the population and geographic area to be served; "(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and "(D) recognize and address the needs of underserved populations. "(f) FEDERAL SHARE.--The Federal share of a grant made under t is subtitle may not exceed 75 percent of the total costs of the projects described in the application submitted. "(g) INDIAN TRIBES.--Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this part. ~h) GRANTEE REPORTING.-- (1) IN GENERAL.--Upon completion of the grant period under this part, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this part. (2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.--A section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in t~e application, certifying performance of direct services under the grant. (3) SUSPENSION OF FUNDING.--The Attorney General shall suspend funding for an approved application if-- "(A) an applicant fails to submit an annual performance report; "(B) funds are expended for purposes other than those described in this part; or "(C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the pro- gram is ineffective or financially unsound. "SEC. 2003. DEFINITIONS. "In this part-- "(1) the term 'domestic violence' includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has 148 cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other adult person against a victim who is protected from that persons acts under the domestic or family violence laws of the Jurisdiction receiving grant monies; "(2) the term 'Indian country' has the meaning stated in section 1151 of title 18, United States Code "(3) the term 'Indian tribe' means a tribe, band, pueblo, nahon, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; "(4) the term 'law enforcement' means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs); "(5) the term 'prosecution' means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency's component bureaus (such as governmental victim services programs); "(6) the term 'sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim; "(7) the term 'underserved populations' includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities; and (8) the term 'victim services' means a nonprofit, nongovernmental organization that assists domestic violence or sexual assault victims, including rape crisis centers, battered women's shelters, and other sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations ass~sting domestic violence or sexual assault victims through the legal process. "SEC. 2004. GENERAL Terms AND CONDITIONS. (a) NONMONETARY ASSISTANCE.--In addition to the assistance provided under this part, the Attorney General may request any Federal agency to use its authorities and the resources granted to the under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts "(b) REPORTING.--Not later than 180 days after the end of each fiscal year for which grants are made under this part, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the 149 Senate a report that includes, for each State and for each grantee "(1) the number of grants made and funds distributed under this part . "(2) a summary of the purposes for which those grants were provided and an evaluation of their progress; "(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and "(4) an evaluation of the effectiveness of programs funded under this part. "(c) REGULATIONS OR GUIDELINES.--Not later than 120 days after the date of enactment of this part, the Attorney General shall publish proposed regulations or guidelines implementing this part. Not later than 180 days after the date of enactment, the Attorney General shall publish final regulations or guidelines implementing this part. c. 2005. RAPE EXAM PAYMENTS. "(a) RESTRICTION OF FUNDS.-- "(1) IN. GENERAL.--A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault. (2) REDISTRIBUTION.--Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata. "(b) MEDICAL COSTS.--A State, Indian tribal government, or unit of local government shall be deemed to incur the full out of pocket cost of forensic medical exams for victims of sexual assault if any government entity-- "(1) provides such exams to victims free of charge to the VICtim; pocket cost of forensic medical exams for victims of sexual assault "(2) arranges for victims to obtain such exams free of charge to the victims; or "(3) reimburses victims for the cost of such exams if-- "(A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement; "(B) the reimbursing governmental entity permits ViCtims to apply for reimbursement for not less than one year from the date of the exam; "(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victim's expense; and "(D) the State, Indian tribal government, unit of local government, or reimbursing governmental entity provides information at the time of the exam to all victims, includ- 150 ing victims with limited or no English proficiency, regarding how to obtain reimbursement. "SEC 2006. FILING COSTS FOR CRIMINAL CHARGES. "(a) IN GENERAL.--A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, or unit of local govern "(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or "!2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the require- ments of paragraph (V within the later of-- "(A) the period ending on the date on which the next session of the State legislature ends; or "(B) 2 years. "(b) REDISTRIBUTION.--Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.". (b) TECHNICAL AMENDMENT.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C 3711 et seq.), as amended by section 32101(b) is amended by striking the matter relating to part T and inserting the following: "PART T--GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN Sec. 2001. Purpose of the program and grants. ySec. 2002. State grants. Sec. 2003. General definitions. Sec. 2004. General terms and conditions. Sec. 2005. Rape exam payments. ySec. 2006. Filing costs for criminal charges. "PART U--TRANSITION--EFFECTIVE DATE--REPEALER "Sec. 2101. Continuation of rules, authorities, and proceedings. (c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 32101(d), is amended-- (I) in paragraph (3) by striking "and S" and inserting "S, (2) by adding at the end the following new paragraph: (18) There are authorized to be appropriated to carry out part "(A) $85,000,000 for fiscal year 1995; "(B) $150,000,000 for fiscal year 1996; "(C) $175,000,000 for fiscal year 1997 "(D) $190,000,000 for fiscal year 1998; "(E) $195,000,000 for fiscal year 1999; and "(F) $205,000,000 for fiscal year 2000". 151 SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION. (a) GENERAL PURPOSE.--There is authorized to be appropriated out of the general fund of the Treasury not to exceed $10,000,000, for the Secretary of Transportation (referred to in this section as the '~secretary~) to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the ~rant applicant. (b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES.-- (1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by- (A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; (B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; (C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or (D) any other project intended to increase the security and safety of existing or planned public transportation systems. (2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the types described in subsection (b)(1) (A) and (B). "(c) REPORTING.--All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be compiled on the basis of the type of crime, sex, race, ethnicity, language, and relationship of victim to the offender. (d) INCREASED FEDERAL SHARE.--Notwithstanding any other provision of law, the Federal share under this section for each capital improvement project that enhances the safety and security of public transportation systems and that is not required by law (including any other provision of this Act) shall be 90 percent of the net project cost of the project. (e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR WOMEN.--From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. (f) GENERAL REQUIREMENTS.--All grants or loans provided under this section shall be subject to the same terms, conditions, re- 152 quirements, and provisions applicable to grants and loans as specified in section 5321 of title 49, United States Code. SEC. 40132. GRANTS FOR CAPITAL IMPROvEMENTs TO PREVENT CRIME IN NATIONAL PARKS. Public Law 91-383 (16 U.S.C. la-1 et seq.) is amended by adding at the end the following new section: "SEC 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE (a) AVAILABILITY OF FUNDS.--From sums appropriated out of the general fund of the Treasury, not to exceed $10,000,000, the Secretary of the Interior shall take all necessary actions to seek to reduce the incidence of violent crime in the National Park System "(b) RECOMMENDATIONS FOR IMPROVEMENT.--The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to-- "(1) compile a list of areas within the National Park System with the highest rates of violent crime "(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and "(3) publish the information required by paragraphs (1) and (2) in the Federal Register. (c) DISTRIBUTION OF FUNDS.--Based on the recommendations and last issued pursuant to subsection (b), the Secretary shall distribute the funds authorized by subsection (a) throughout the National Park System. Priority shall be given to those areas with the highest rates of sexual assault. "(d) USE OF FUNDS.--Funds provided under this section may be used-- "(1) to increase lighting within or adjacent to National Park System units; "(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to National Park System units; "(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or (4) for any other project intended to increase the security and safety of National Park System units.". SEC 40133. GRANTs FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN Public PARKS. Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601~) is amended by adding at the end the following new subsection: (h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE (1) AVAILABILITY OF FUNDS.--In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated out of the general fund of the Treasury, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to-- 153 "(A) increase lighting within or adjacent to public parks and recreation areas; "(B) provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas; "(C) increase security personnel within or adjacent to public parks and recreation areas; and "(D) fund any other project intended to increase the security and safety of public parks and recreation areas. "(2) ELIGIBILITY.--In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall be dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault. "(3) FEDERAL SHARE.--Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes described in this subsection, and the remaining share of the cost shall be borne by the State.". CHAPTER 4-- NEW EVIDENTIARY RULES SEC. 40141. Sexual HISTORY IN CRIMINAL AND CIVIL CASES. (a) MODIFICATION OF PROPOSED AMENDMENT.--The proposed amendments to the Federal Rules of Evidence that are embraced by an order entered by the Supreme Court of the United States on April 29 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the amendment made by subsection (b). (b) RULE.--Rule 412 of the Federal Rules of Evidence is amended to read as follows: (b) Rule 412. sex Offense cases; Relevance of Alleged victim's Past Sexual behavior or Alleged Sexual Predisposition (a) EVIDENCE GENERALLY INADMISSIBLE.--The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c): "(1) Evidence offered to prove that any alleged victim engaged in other sexual behavior. "(2) Evidence offered to prove any alleged victims sexual predisposition. (b) EXCEPTIONS.-- "(1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules: "(A) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or other physical evidence; "(B) evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and 154 "(C) evidence the exclusion of which would violate the constitutional rights of the defendant. "(2) In a civil case, evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Evidence of an alleged victim's reputation is admissible only if it has been place~l in controversy by the alleged victim. (c) PROCEDURE To DETERMINE ADMISSIBILITY.-- "(1) A party intending to offer evidence under subdivision (b) must-- "(A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause re- quires a different time for filing or permits filing during trial; and "(B) serve the motion on all parties and notify the alleged victim or, when appropriate, the alleged victim's guardian or representative. "(2) Before admitting evidence under this rule the court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise." (c) TECHNICAL AMENDMENT.--The table of contents for the Federal Rules of Evidence is amended by amending the item relating to rule 412 to read as follows: ~412. Sex Offense Cases; Relevance of Alleged Victim~s Past Sexual behavior or Alleged Sexual Predisposition: ~(a) Evidence generally inadmissible. "(b) Exceptions. "(c) Procedure to determine admissibility.". CHAPTER ~ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT SEC 40161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN Part A of title X~X of the Public Health and Human Services Act (42 U.S.C. 300w et seq.) is amended by adding at the end the following new section: "SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. "(a) PERMITTED USE.--Notwithstanding section 1904(a)(1), amounts transferred by the State for use under this part may be used for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities for-- "(V educational seminars; "(2) the operation of hotlines "(3) training programs for professionals; "(4) the preparation of informational materials; and "(5) other efforts to increase awareness of the facts about, or to help prevent, sexual assault, including efforts to increase 155 awareness in underserved racial, ethnic, and language minority communities. "(b) TARGETING OF EDUCATION PROGRAMS.--States providing grant monies must ensure that at least 25 percent of the monies are devoted to education programs targeted for middle school, junior high school, and high school students. "(c) Authorization OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- "(1) $35,000,000 for fiscal year 1996 "(2) $40,000,000 for fiscal year 1997; "(3) $45,000,000 for fiscal year 1998; "(4) $50,000,000 for fiscal year 1999; and "(5) $50,000,000 for fiscal year 2000. "(d) LIMITATION.--Funds authorized under this section may only be used for providing rape prevention and education programs. "(e) DEFINITIoN.--For purposes of this section, the term 'rape prevention and education' includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim. "(~9 TERMS.--The Secretary shall make allotments to each State on the basis of the population of the State, and subject to the conditions provided in this section and sections 1904 through 1909.". SEC.40152. TRAINING PROGRAMS. (a) IN GENERAL.--The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of-- (1) case management; (2) supervision; and (3) relapse prevention. (b) TRAINING PROGRAMS.--The Attorney General shall ensure, to the extent practicable, that training programs developed under subsection (a) are available in geographically diverse locations throughout the country. (c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- (1) $1,000,000 for fiscal year 1996; and (2) $1,000,000 for fiscal year 1997. SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS. (a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.--The Attorney General shall-- (1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors; (2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits, taking into account the following factors: (A) the danger that counseling programs for victims of sexual assault and domestic violence will be unable to 156 achieve their goal of helping victims recover from the trauma associated with these crimes if there is no assurance that the records of the counseling sessions will be kept confidential; (B) consideration of the appropriateness of an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors, in light of the likelihood that such an absolute privilege will provide the maximum guarantee of confidentiality but also in light of the possibility that such an abso- lute privilege may be held to violate the rights of criminal defendants under the Federal or State constitutions by denying them the opportunity to obtain exculpatory evidence and present it at trial; and (C) consideration of what limitations on the disclosure of confidential communications between victims of these crimes and their counselors, short of an absolute privilege, are most likely to ensure that the counseling programs will not be undermined, and specifically whether no such disclosure should be allowed unless, at a minimum, there has been a particularized showing by a criminal defendant of a compelling need for records of such communications, and adequate procedural safeguards are in place to prevent unnecessary or damaging disclosures; and (3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation. (b) REPORT AND RECOMMENDATIONS.--Not later than the date that is 1 year after the date of enactment of this Act, the Attorney General shall report to the Congress-- (1) the findings of the study and the model legislation required by this section; and (2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government. (c) REVIEW OF FEDERAL EVIDENTIARY RULES.--The Judicial Conference of the United States shall evaluate and report to Congress its views on whether the Federal Rules of Evidence should be amended, and if so, how they should be amended, to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings. SEC 40154. INFORMATION PROGRAMS. The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18, United States Code, or for the commission of a similar offense, including halfway houses and psychiatric institutions. 157 c. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF RUNAWAY, HOMELESS, AND STREET YOUTH. Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended-- (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: "GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION "SEC. 31fi (a) IN GENERAL.--The Secretary shall make grants under this section to private, nonprofit agencies for street-based outreach and education, including treatment, counseling, provision of information~ and referral for runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse. "(b) PRIORITY.--In selecting among applicants for grants under subsection (a), the Secretary shall give priority to agencies that have experience in providing services to runaway, homeless, and street youth. "~C) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- "(1) $7,000,000 for fiscal year 1996; "(2) $8,000,000 for fiscal year 1997; and "(3) $15,000,000 for fiscal year 1998. "(d) DEFINITIONS.--For the purposes of this section-- "(1) the term 'street-based outreach and education' includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offend- ers who are known to the victim; and "(2) the term 'street youth' means a juvenile who spends a significant amount of time on the street or in other areas of exposure to encounters that may lead to sexual abuse.". SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS. (a) COURT APPOINTED SPECIAL ADVOCATE PROGRAM.-- (1) REAUTHORIZATION.--Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.s.c. 13014(a)) is amended to read as follows: "(a) AUTHORIZATION.--There are authorized to be appropriated to carry out this subtitle-- "(1) $6,000,000 for fiscal year 1996; "(2) $6,000,000 for fiscal year 1997; "(3) $7,000,000 for fiscal year 1998; "(4) $9,000,000 for fiscal year 1999; and "(5) $10,000,000 for fiscal year 2000.". (2) TECHNICAL AMENDMENT.--Section 216 of the Victims of Child Abuse Act of 1990 (42 U.s.C. 13012) is amended by striking "this chapter" and inserting "this subtitle". ~b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS-- (1) REAUTHORIZATION.--Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.s.c. 13024(a)) is amended to read as follows: 158 "(a) AUTHORIZATION.--There are authorized to be appropriate~ to carry out this subtitle-- (V $750,000 for fiscal year 1996; "(2) $1,000,000 for fiscal year 1997; "(3) $2,000,000 for fiscal year 1998; "(4) $2,000,000 for fiscal year 1999; and "(5) $2,300,000 for fiscal year 2000.". (2) TECHNICAL AMENDMENT.--Section 221(b) of the Victim~ of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended b~ striking "this chapter" and inserting "this subtitle". (c) GRANTS FOR TELEVISED TESTIMONY.--Title I of the Omnibus crime Control and Safe Streets Act of 1968 is amended-- (1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as follows: "(7) There are authorized to be appropriated to carry out part "(A) $250,000 for fiscal year 1996- "(B) ~/;1,000,000 for fiscal year 1997; "(C) ~1,000,000 for fiscal year 1998; "(D) $1,000,000 for fiscal year 1999; and "(E) $1,000,000 for fiscal year 2000 u. (2) in section 1402 (42 U.S.C. 3i96aa-1) by striking "to States, for the use of States and units of local government in the States; (3) in section 1403 (42 U.S.C. 3796aa-2)-- (A) by inserting "or unit of local government" after "of (B) by inserting "and " after paragraph (l); (C) in paragraph (2) by striking the semicolon at the end and InsertIng a period; and (D) by striking paragraphs (3) and (4); (4) in section 1404 (42 U.S.C. 3796aa-3)-- (A) in subsection (a)-- (i) by striking "The Bureau" and all that follows through "determining that" and inserting "An applicant is eligible to receive a grant under this part if-- (ii) in paragraph (1) by striking "there is in effect in such State" and inserting "the applicant certifies and the Director determines that there is in effect in (iii) in paragraph (2) by striking "such State law shall meet and inserting "the applicant certifies and the Director determines that State law meets"; (iv) by inserting "and " after subparagraph (E); (v) in paragraph (3)-- (V by inserting "the Director determines that" before "the application"; and (II) by striking "; and inserting a period; (vi) by striking paragraph (4); (vii) by striking "Each application" and inserting the following: "(b) Each application;'; and 159 (viii) by striking "the Bureau" each place it appears and inserting "the Director"; and (B) by redesignating subsection (b) as subsection (c) and by striking "The Bureau" and inserting "The Director"; (5) by striking section 1406 (42 U.S.C. 3796aa-4); (6) in section 1406 (42 U.S.C. 3796aa-5)-- (A) in subsection (a)-- (i) by striking "State which" and inserting "State or unit of local government that"; (ii) by striking "title" and inserting "part"; and (iii) in paragraph (1) by striking "State"; and (B) in subsection (b)(l) by striking "such State" and inserting "the State and units of local government in the State"; (7) in section 1407 (42 U.S.C. 3796aa-6)-- (A) in subsection (c)-- (i) by striking "Each State" and all that follows through "effective audit" and inserting "Grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) shall keep such records as the Director may require by rule to facilitate such an audit."; and (ii) in paragraph (2) by striking 'States which receive grants, and of units of local government which receive any part of a grant made under this part and inserting "grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds)"; and (B) by adding at the end the following new subsection: ~d) UTILIZATION OF PRIVATE SECTOR.--Nothing in this part shall prohibit the utilization of any grant funds to contract with a private organization to provide equipment or training for the televising of testimony as contemplated by the application submitted by an (8) by striking section 1408 (42 U.S.C. 3796aa-7); and (9) in the table of contents-- (A) in the item relating to section 1405 by striking "Allocation and distribution of funds under formula grants and inserting "(Repealed)"; and (B) in the item relating to section 1408 by striking "State office" and inserting "(Repealed)". Subtitle B--Safe Homes for Women SEC.40201. SHORT TITLE. This title may be cited as the "Safe Homes for Women Act of 1994" 160 CHAPTER I--NATIONAL DOMESTIC VIOLENCE HOTLINE SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE The Family Violence Prevention and Services Act (42 U.S C 10401 et seq.) is amended by adding at the end the following new section: "SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT. "(a) IN GENERAL.--The Secretary may award a grant to a private, nonprofit entity to provide for the operation of a national, toll free telephone hotline to provide information and assistance to victims of domestic violence. "(b) DURATION.--A grant under this section may extend over period of not more than 5 years. "(c) ANNUAL APPROVAL.--The provision of payments under ~I grant under this section shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year to make the payments. "(d) ACTIVITIES.--Funds received by an entity under this section shall be used to establish and operate a national, toll-free telephone hotlIne to provide information and assistance to victims of domestic violence. In establishing and operating the hotline, a private, non- profit entity shall-- "(1) contract with a carrier for the use of a toll-free telephone line; "(2) employ, train, and supervise personnel to answer in comIng calls and provide counseling and referral services to callers on a 24-hour-a-day basis- "(3) assemble and maintain a current database of information relating to services for victims of domestic violence to which callers may be referred throughout the United States, including information on the availability of shelters that serve battered women; and "(4) publicize the hotline to potential users throughout the United States. "(e) APPLICATION.--A grant may not be made under this section unless an application for such grant has been approved by the Secretary To be approved by the Secretary under this subsection an application shall-- "(1) contain such agreements, assurances, and information, be in such form and be submitted in such manner as the Sec- retary shall prescribe through notice in the Federal Register (2) include a complete description of the applicant's plan for the operation of a national domestic violence hotline, includ- ing descriptions of-- "(A) the training program for hotline personnel; "(B) the hiring criteria for hotline personnel; "(C) the methods for the creation, maintenance and up dating of a resource database "(D) a plan for publicizing the availability of the hot line, "(E) a plan for providing service to non-English speak ing callers, including hotline personnel who speak Spanish; and 161 "(F) a plan for facilitating access to the hotline by per sons with hearing impairments; "(3) demonstrate that the applicant has nationally recognized expertise in the area of domestic violence and a record of high quality service to victims of domestic violence, includIng a demonstration of support from advocacy groups, such as domestic violence State coalitions or recognized national domestic VZO "(4) demonstrates that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, and non-English speaking minorities, in addition to older Individuals and individuals with disabilities; and "(~) contain such other information as the Secretary may require. ';(,f) AUTHORIZATION OF Appropriations.-- "(1) IN GENERAL.--There are authorized to be appropriated to carry out this section-- "(A) $1,000,000 for fiscal year 1995; "(B) $400,000 for fiscal year 1996; "(C) $400,000 for fiscal year 1997; "(D) $400,000 for fiscal year 1998; "(E) $400,000 for fiscal year 1999; and "(F) $400,000 for fiscal year 2000. "(2) AVAILABILITY.--Funds authorized to be appropriated under paragraph (1) shall remain available until expended. . CHAPTER 2--INTERSTATE ENFORCEMENT SEC. 40221. INTERSTATE ENFORCEMENT. (a) IN GENERAL.--Part 1 of title 18, United States Code, is amended by inserting after chapter 110 the following new chapter: "CHAPTER 110A--DOMESTIC VIOLENCE "Sec. 2261. Interstate domestic violence. "Sec 2262 Interstate violation of protection order. "Sec 2263 Pretrial release of defendant. "Sec. 2264. Restitution. "Sec 2265. Full faith and credit given to protect~on orders. "Sec. 2266. Definitions. "2261. Interstate dome~tic violence (a) OFFENSES.-- "(1) CROSSING A STATE LINE.--A person who travels across u State line or enters or leaves Indian country with the intent to injure, harass, or intimidate that person's spouse or intimate partner, and who, in the course of or as a result of such travel, intentionally commits a crime of violence and thereby causes daily injury to such spouse or intimate partner, shall be punished as provided in subsection (b). (2) CAUSING THE CROSSING OF A STATE LINE.--A person u~ho causes a spouse or intimate partner to cross a State l~ne or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course or as a result of that conduct, intentionally commits a crime of violence and thereby causes bodily 162 injury to the person's spouse or intimate partner, shall be punished as provided in subsection (b). "(b) PENALTIES.--A person who violates this section shall be fined under this title, imprisoned-- "(1) for life or any term of years, if death of the offender's spouse or intimate partner results; "(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender's spouse or intimate partner results; "(3) for not more than 10 years, if serious bodily injury to the offender's spouse or intimate partner results or if the offender uses a dangerous weapon during the offense "(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in the special maritime and territorial jurisdiction of the United States or in a Federal prison)- and "(5) for not more than 5 years, in any other case, or both fined and imprisoned. "~2262. Interstate violation of protection order "(a) OFFENSES.-- '(1) CROSSING A STATE LINE.--A person who travels across a State line or enters or leaves Indian country with the intent to engage in conduct that-- "(A)(i) violates the portion of a protection order that in values protection against credible threats of violence, repeated harassment, or bodily injury to the person or per sons for whom the protection order was issued; or (ii) would violate subparagraph (A) if the conduct occurred in the jurisdiction in which the order was issued; and "(B) subsequently engages in such conduct shall be punished as provided in subsection (b) (2) CAUSING T~E CROSSING OF A STATE LINE.--A person who causes a spouse or intimate partner to cross a State line or to enter or leave Indian country by force, coercion, duress, or fraud, and, in the course or as a result of that conduct, intentionally commits an act that injures the person's spouse or intimate partner in violation of a valid protection order issued by a State shall be punished as provided in subsection (b). "(b) PENALTIES.--A person who violates this section shall be fined under this title, imprisoned-- "(1) for life or any term of years, if death of the offender's spouse or intimate partner results; "(2) for not more than 20 years if permanent disfigurement or life threatening bodily injury to the offender's spouse or intimate partner results; "(3) for not more than 10 years, if serious bodily injury to the offender's spouse or intimate partner results or if the offender uses a dangerous weapon during the offense "(4) as provided for the applicable conduct under chapter 109A if the offense would constitute an offense under chapter 109A (without regard to whether the offense was committed in 163 the special maritime and territorial jurisdiction of the United States or in a Federal prison); and "(5) for not more than 5 years, in any other case, or both fined and imprisoned. "2263. Pretrial release of defendant "In any proceeding pursuant to section 3142 for the purpose of determining whether a defendant charged under this chapter shall be released pending trial, or for the purpose of determining conditions of such release, the alleged victim shall be given an opportunity to be heard regarding the danger posed by the defendant. "2264. Restitution "(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter. "(b) SCOPE AND NATURE OF ORDER.-- "(1) DIREcTIoNs.--The order of restitution under this section shall direct that-- "(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victims losses as determined by the court, pursuant to paragraph (3), and "(B) the United States Attorney enforce the restitution order by all available and reasonable means. "(2) ENFORCEMENT BY VICTIM.--An order of restitution also may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. "(3) DEFINITIoN.--For purposes of this subsection, the term 'full amount of the victim's losses' includes any costs incurred by the victim for-- "(A) medical services relating to physical, psychiatric, or psychological care; "(B) physical and occupational therapy or rehabilitation "(C) necessary transportation, temporary housing, and child care expenses; "(D) lost income; "(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and "(F) any other losses suffered by the victim as a proximate result of the offense. (4) ORDER MANDATORY.IA) The issuance of a restitution order under this section is mandatory. "(B) A court may not decline to issue an order under this section because of-- "(i) the economic circumstances of the defendant; or "(ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of in surance or any other source. "(C)(i) Notwithstanding subparagraph (A), the court maytake into account the economic circumstances of the defendant in determining the manner in which and the schedule accordin~ to which the restitution is to be paid. 164 "(ii) For purposes of this subparagraph, the term 'economic circumstances' includes-- "(l) the financial resources and other assets of the defendant; "(II) projected earnings, earning capacity, and other income of the defendant; and "(III) any financial obligations of the defendant, including obligations to dependents "(D) Subparagraph (A) does not apply if-- "(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments), and "(ii) the court enters in its order the amount of the victim s losses, and provides a nominal restitution award. (5) MORE THAN 1 OFFENDER.--When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender. '(6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim (7) PAYMENT SCHEDULE.--An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals. (8) SETOFF.--Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in-- "(A) any Federal civil proceeding; and "(B) any State civil proceeding, to the extent provided by the law of the State (9) Effect ON OTHER SOURCES OF COMPENSATION.--The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss (10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in con 165 tempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply. "(c) Affidavit.-- Within 60 days after conviction and, in any event not later than 10 days before sentencing, the United States Attorney (or such Attorney's delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or ~he delegate) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the delegate) shall advise the victim that the victim may file a separate affidavit and assist the victim in the preparation of the affidavit. "~d) Objection.--If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts at- tested to in the affidavit filed pursuant to subsection (a) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegate) to submit further affidavits or other supporting documents, demonstrating the victim's losses. ' ~e) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section, shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. '(f) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not ascertainable 10 days before sentencing as provided in subsection (c), the United States Attorney (or the United States Attorney's delegate) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 90 days after discovery of those losses in which to petition the court for an amended restitution ~ order. Such order may be granted only upon a showing of good I cause for the failure to include such losses in the initial claim for restitutionary relief. (g) RESTITUTION IN ADDITION TO PUNISHMENT.--An award of restitution to the victim of an offense under this chapter is not a substitute for imposition of punishment under this chapter. "226~;. Full faith and credit given to protection order~ (a) FULL FAITH AND CREDIT.--Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be ac- corded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe. (b) PROTECTION ORDER.--A protection order issued by a State or tribal court is consistent with this subsection if-- 166 "(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights. (C) CROSS OR COUNTER PETITION.--A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if- - "(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or "(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. "2266. Definitions "In this chapter-- "'bodily injury' means any act, except one done in self-defense, that results in physical injury or sexual abuse. "'Indian country' has the meaning stated in section 1151. protection order' includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection. "'spouse or intimate partner' includes-- "(A) a spouse, a former spouse, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited with the abuser as a spouse; and "(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or where the victim resides. "'State' includes a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States. "'travel across State lines' does not include travel across State lines by an individual who is a member of an Indian tribe when such individual remains at all times in the territory of the Indian tribe of which the individual is a member.". (b) TECHNICAL AMENDMENT.--The part analysis for part I of title 18, United States Code, is amended by inserting after the item for chapter 110 the following new item: 167 CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES SEC. 40231. ENCOURAGING ARREST POLICIES. (a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(a), is amended-- (1) by redesignating part U as part V; (2) by redesignating section 2101 as section 2201; and (3) by inserting after part T the following new part: "PART U--GRANTS TO ENCOURAGE ARREST POLICIES "SEC. 2101. G~ANTS. '(a) PURPOSE.--The purpose of this part is to encourage States, Indian tribal governments, and units of local government to treat domestic violence as a serious violation of criminal law. "(b) GRANT AUTHORITY.--The Attorney General may make grants to eligible States, Indian tribal governments, or units of local government for the following purposes: "(1) To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations. "(2) To develop policies and training in police departments to improve tracking of cases involving domestic violence. "(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, or Judges. "(4) To coordinate computer tracking systems to ensure communication between police, prosecutors, and both criminal and family courts. "(5) To strengthen legal advocacy service programs for victims of domestic violence. "(6) To educate judges in criminal and other courts about domestic violence and to improve judicial handling of such "ELIGIBILITY.--Eligible grantees are States, Indian tribal governments, or units of local government that-- "(I) certify that their laws or official policies-- "(A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and "(B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; "(2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; "(3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as 168 aggressors and that neither spouse acted primarily in self, defense- and "(4) certify that their laws, policies, or practices do not. quire, in connection with the prosecution of any misdemeanor felony domestic violence offense, that the abused bear t costs associated with the filing of criminal charges or the se; ice of such charges on an abuser, or that the abused bears the costs associated with the issuance or service of a warrant, protection order, or witness subpoena. "SEC. 2102. APPLICATIONS. "(a) APPLICATION.--An eligible grantee shall submit an application to the Attorney General that-- "(V contains a certification by the chief executive officer the State, Indian tribal government, or local government entity that the conditions of section 2101(c) are met or will be met within the later of-- "(A) the period ending on the date on which the session of the State or Indian tribal legislature ends- or "(B) 2 years of the date of enactment of this part "(2) describes plans to further the purposes stated in section 2101a "(3) identifies the agency or office or groups of agencies offices responsible for carrying out the program; and "(4) includes documentation from nonprofit, private sexual assault and domestic violence programs demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation. "(b) PRIORITY.--In awarding grants under this part, the Attorney General shall give priority to applicants that-- "(1) do not currently provide for centralized handling of cases involving domestic violence by police, prosecutors, and courts; and "(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence. "SEC. 2103. REPORTS. "Each grantee receiving funds under this part shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this part and containing such additional information as the Attorney General may prescribe. "SEC. 2104. REGULATIONS OR GUIDELINES. "Not later than 120 days after the date of enactment of this part, the Attorney General shall publish proposed regulations or guidelines implementing this part. Not later than 180 days after the date of enactment of this part, the Attorney General shall publish final regulations or guidelines implementing this part. "SEC. 2105. DEFINITIONS. "For purposes of this part-- "(1) the term 'domestic violence' includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has 169 cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other adult person against a victim who is protected from that person's acts under the domestic or family violence laws of the eligible State, Indian tribal government, or unit of local government that receives a grant under this part; and "(2) the term 'protection order' includes any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding. (b) Technical AMENDMENT.--The table of contents of title I of Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 11 et seq.), as amended by section 40121(b), is amended by striking the matter relating to part U and inserting the following: "PART U--GRANTS TO ENCOURAGE ARREST POLICIES Sec. 2101. Grants. Sec. 2102. Applications. Sec. 2103. Reports. Sec. 2104. Regulations or guidelines. Sec. 2105. Definitions. "PART V--TRANSITION--EFFECTIVE DATE--REPEALER "Sec. 2201. Continuation of rules, authorities, and proceedings.~. (c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 40121(c), is amended-- (1) in paragraph (3) by striking "and r~ and inserting 'T, and U"; and ~2) by adding at the end the following new paragraph: ' '1.9~ There are authorized to be appropriated to carry out part U-- "(A) $28,000,000 for fiscal year 1996; "(B) $33,000,000 for fiscal year 1997; and "(C) $59,000,000 for fiscal year 1998. ~d) ADMINISTRATIVE PROVISIONS.-- (1) REGuLATIoNs.--Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), is amended by striking "and O" and inserting "O, and U . (2) DENIAL OF Application.--Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783 (b)) is amended in the first sentence by striking or O" and inserting "O, or U". CHAPTER 4--SHELTER GRANTS SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS. Section 310(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as follows: (a) IN GENERAL.--There are authorized to be appropriated to carry out this title-- "(1) $50,000,000 for fiscal year 1996; "(2) $60,000,000 for fiscal year 1997; 170 "(3) $70,000,000 for fiscal year 1998 "(4) $72,500,000 for fiscal year 1999, and "(5) $72,500,000 for fiscal year 2000.". CHAPTER 5-YOUTH EDUCATION SEC 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE. The Family Violence Prevention and Services Act (42 U.S C 10401 et seq.), as amended by section 40211, is amended by adding at the end the following new section: Sec. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE. "(a) GENERAL PURPOSE.--For purposes of this section, the Secretary may, in consultation with the Secretary of Education, select implement and evaluate 4 model programs for education of young people about domestic violence and violence among intimate part '(b) NATURE OF PROGRAM.--The Secretary shall select, implement and evaluate separate model programs for 4 different audiences: pr~mary schools, middle schools, secondary schools, and institutions of higher education. The model programs shall be selected, implemented, and evaluated in consultation with educational experts, legal and psychological experts on battering, and victim advocate organizations such as battered women's shelters, State coalitions and resource centers. (c) REVIEW AND DISSEMINATION.--Not later than 2 years after the date of enactment of this section, the Secretary shall transmit the design and evaluation of the model programs, along with a plan and cost est~mate for nationwide distribution, to the relevant committees of Congress for review. (d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- "$400,000 for fiscal year 1996. CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE The Family Violence Prevention and Services Act (42 U.S.C 10401 et seq.), as amended by section 40251, is amended by adding at the end the following new section: "SEC. 318. DEMONSTRATION GRANTS FOR Community INITIATIVES (a) IN GENERAL.--The Secretary shall provide grants to nonprofit private organizations to establish projects in local communities involving many sectors of each community to coordinate intervention and ------------------------------ Cut here ------------------------------ Part 8/16, total size 65491 bytes: ------------------------------ Cut here ------------------------------ prevention of domestic violence. "(b) ELIGIBILITY.--To be eligible for a grant under this section, an entity-- "(1) shall be a nonprofit organization organized for the purpose of coordinating community projects for the intervention in and prevention of domestic violence; and "(2) shall include representatives of pertinent sectors of the local community, which may include-- "(A) health care providers; 171 "(B) the education community; "(C) the religious community; "(D) the justice system; "(E) domestic violence program advocates; "(F) human service entities such as State child services divisions; "(G) business and civic leaders; and "(H) other pertinent sectors. (c) APPLICATIONs--An organization that desires to receive a grant under this section shall submit to the Secretary an application in such form and in such manner as the Secretary shall prescribe through notice in the Federal Register, that-- "(1) demonstrates that the applicant will serve a community leadership function, bringing together opinion leaders from each sector of the community to develop a coordinated community consensus opposing domestic violence, "(2) demonstrates a community action component to improve and expand current intervention and prevention strategies through increased communication and coordination among all affected sectors "(3) includes a complete description of the applicant's plan for the establishment and operation of the community project, including a description of-- "(A) the method for identification and select~on of an administrative committee made up of persons knowledgeable in domestic violence to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project; "(B) the method for identification and select~on of project staff and a project evaluator; "(C) the method for identification and selection of a project council consisting of representatives of the community sectors listed in subsection (b)(2); "(D) the method for identification and selection of a steering committee consisting of representatives of the various community sectors who will chair subcommittees of the project council focusing on each of the sectors; and "(E) a plan for developing outreach and public education campaigns regarding domestic violence; and "(4) contains such other information, agreements, and assurances as the Secretary may require. "(d) TERM.--A grant provided under this section may extend over a period of not more than 3 fiscal years. (e) CONDITIONS ON PAYMENT.--Payments under a grant under this section shall be subject to-- "(1) annual approval by the Secretary; and "(2) availability of appropriations. (f) GEOGRAPHICAL DISPERSION.--The Secretary shall award grants under this section to organizations in communities geographically dispersed throughout the country. (g) USE OF GRANT MONIES.-- (1) IN GENERAL.--A grant made under subsection (a) shall be used to establish and operate a community project to coordinator intervention and prevention of domestic violence. 172 "(2) REQUIREMENTs.--In establishing and operating a project, a nonprofit private organization shall-- "(A) establish protocols to improve and expand domestic violence intervention and prevention strategies among all affected sectors; "(B) develop action plans to direct responses within each community sector that are in conjunction with development in all other sectors, and "(C) provide for periodic evaluation of the project with a written report and analysis to assist application of this concept in other communities "(h) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- "(1) $4,000,000 for fiscal year 1996, and "(2) $6,000,000 for fiscal year 1997. "(i) REGULATIONS.--Not later than 60 days after the date of enactment of this section, the Secretary shall publish proposed regulations implementing this section. Not later than 120 days after the date of enactment, the Secretary shall publish final regulations implementing this section.". CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS SEC 40271. GRANTEE REPORTING. (a) SUBMISSION OF APPLICATION.--Section 303(a)(2)(C) of the Family Violence Prevention and Services Act (42 U.S.C 10402(a)(2)(C)) is amended by inserting "and a plan to address the needs of underserved populations, including populations underserved because of ethnic, racial, cultural, language diversity or geographic isolation" after "such State". (b) APPROVAL OF APPLICATION.--Section 303(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding at the end the following new paragraph: "(4) Upon completion of the activities funded by a grant under this subpart, the State grantee shall file a performance report with the Director explaining the activities carried out together with an assessment of the effectiveness of those activities in achieving the purposes of this subpart. A section of this performance report shall be completed by each grantee or subgrantee that performed the direct services contemplated in the application certifying performance of direct services under the grant. The Director shall suspend funding for an approved application if an applicant fails to submit an annual performance report or if the funds are expended for purposes other than those set forth under this subpart, after following the procedures set forth in paragraph (3). Federal funds may be used only to supplement, not supplant, State funds.". SEC.40272. TECHNICAL AMENDMENTS (a) DEFINITIONS.--Section 309(5)(B) of the Family Violence Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting "or other supportive services" before "by peers individually or in groups, (b) SPECIAL ISSUE RESOURCE CENTERS-- 173 (1) GRANTs.--Section 308(a)(2) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended by striking "six" and inserting "seven". (2) FUNCTIONS.--Section 308(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10407(c)) is amended-- (A) by striking the period at the end of paragraph (6) and inserting ", including the issuance and enforcement of protection orders."; and (B) by adding at the end the following new paragraph: "(7) Providing technical assistance and training to State domestic violence coalitions.". 'c) STATE DOMESTIC VIOLENCE COALITIONS.--Section 311(a) of the Family Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5); (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following new paragraph: "(1) working with local domestic violence programs and providers of direct services to encourage appropriate responses to domestic violence within the State, including-- "(A) training and technical assistance for local pro grams and professionals working with victims of domestic violence; "(B) planning and conducting State needs assessments and planning for comprehensive services; "(C) serving as an information clearinghouse and re source center for the State; and "(D) collaborating with other governmental systems which affect battered women;"; (3) in paragraph (2)(K), as redesignated by paragraph (1),by striking "and court officials and other professionals" and inserting ", judges, court officers and other criminal justice professionals,"; (4) in paragraph (3), as redesignated by paragraph (1)-- (A) by inserting ', criminal court judges," after "family law judges," each place it appears; (B) in subparagraph (F), by inserting "custody" after "temporary", and (C) in subparagraph (H), by striking "supervised visitations that do not endanger victims and their children," and inserting "supervised visitations or denial of visitation to protect against danger to victims or their children"; and (~) in paragraph (4), as redesignated by paragraph (1), by inserting ", including information aimed at underserved racial, ethnic or language-minority populations" before the semicolon. CHAPTER 8 CONFIDENTIALITY FOR ABUSED PERSONS SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS. (a) REGULATIONS.--Not later than 90 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses. 174 (b) REQUIREMENTs.--The regulations under subsection (a) shall (1) in the case of an individual, the presentation to an appropriate postal official of a valid, outstanding protection order- and (2) in the case of a domestic violence shelter, the presentation to an appropriate postal authority of proof from a State domestic violence coalition that meets the requirements of sec- tion 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10410)) verifying that the organization is a domestic vio- lence shelter (c) DISCLOSURE FOR CERTAIN PURPOSES.--The regulations under subsection (a) shall not prohibit the disclosure of addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes. (d) EXISTING COMPILATIONS.--Compilations of addresses existing at the time at which order is presented to an appropriate postal official shall be excluded from the scope of the regulations under subsection (a). CHAPTER 9--DATA AND RESEARCH SEC. 40291. RESEARCH AGENDA. (a) REQuEsT FOR CONTRACT.--The Attorney General shall request the National Academy of Sciences, through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. In furtherance of the contract, the National Academy shall convene a panel of nationally recognized experts on violence against women, in the fields of law, medicine, criminal justice, and direct services to victims and experts on domestic violence in diverse, ethnic, social, and language minority communities and the social sciences. In setting the agenda, the Academy shall focus primarily on preventive, educative, social, and legal strategies, including addressing the needs of underserved populations. (b) DECLINATION OF REQuEsT.--If the National Academy of Sciences declines to conduct the study and develop a research agenda, tit shall recommend a nonprofit private entity that is qualified to conduct such a study. In that case, the Attorney General shall carry out subsection (a) through the nonprofit private entity recommended by the Academy. In either case, whether the study is conducted by the National Academy of Sciences or by the nonprofit group it recommends, the funds for the contract shall be made available from sums appropriated for the conduct of research by the National Institute of Justice. (c) REPORT.--The Attorney General shall ensure that no later than 1 year after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. 175 SEC. 40292. STATE DATABASES. (a) IN GENERAL.--The Attorney General shall study and report to the States and to Congress on how the States may collect centralized databases on the incidence of sexual and domestic violence offenses within a State. (b) CoNsuLTATIoN.--In conducting its study, the Attorney General shall consult persons expert in the collection of criminal justice data, State statistical administrators, law enforcement personnel, ar nonprofit nongovernmental agencies that provide direct services to victims of domestic violence. The final report shall set forth the views of the persons consulted on the recommendations. R~PORT.--The Attorney General shall ensure that no later t,.~- year after the date of enactment of this Act, the study required under subsection (a) is completed and a report describing the findings made is submitted to the Committees on the Judiciary of the Senate and the House of Representatives. (d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section-- $200,000 for fiscal year 1996. SEC 40293. NUMBER AN~ COST OF INJURIES. (a) STUDY.--The Secretary of Health and Human Services, acting through the Centers for Disease Control Injury Control Division, shall conduct a study to obtain a national projection of the incidence of injuries resulting from domestic violence, the cost of injuries to health care facilities, and recommend health care strategies for reducing the incidence and cost of such injuries. (b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized , to be appropriated to carry out this section-- $100,000 for fiscal year 1996. CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD A~USE ENFORCEMENT ASSISTANCE. (a) GRANTS.--The Attorney General may make grants to States, Indian tribal governments, and local governments of rural States, and to other public or private entities of rural States-- (1) to implement, expand, and establish cooperative efforts and projects between law enforcement officers, prosecutors, victim advocacy groups, and other related parties to investigate and prosecute incidents of domestic violence and child abuse; (2) to provide treatment and counseling to victims of domestic violence and child abuse; and (3) to work in cooperation with the community to develop education and prevention strategies directed toward such issues. (b) DEFINITIONS.--In this section-- "Indian tribe" means a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services pro- 176 vided by the United States to Indians because of their status as Indians. "rural Stat~" has the meaning stated in section 1501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)). (c) AUTHORIZATION OF APPROPRIATIONS.-- (1) IN GENERAL.--There are authorized to be appropriated to carry out this section-- (A) $7,000,000 for fiscal year 1996 (B) $8,000,000 for fiscal year 1997 (C) $15,000,000 for fiscal year 1998 (2) ADDITIONAL FUNDING.--In addition to funds received under a grant under subsection (a), a law enforcement agency may use funds received under a grant under section 103 to accomplish the objectives of this section. Subtitle Civil Rights for Women SEC. 40301. SHORT TITLE. This subtitle may be cited as the "Civil Rights Remedies for Gender-Motivated Violence Act". SEC. 40302. CIVIL RIGHTS. (a) PURPOSE.--Pursuant to the affirmative power of Congress to enact this subtitle under section 5 of the Fourteenth Amendment to the Constitution, as well as under section 8 of Article I of the Con- stitution, it is the purpose of this subtitle to protect the civil rights of victims of gender motivated violence and to promote public safety, health, and activities affecting interstate commerce by establishing a Federal civil rights cause of action for victims of crimes of violence motivated by gender. (b) RIGHT To BE FREE FROM CRIMES OF VIOLENCE.--All persons within the United States shall have the right to be free from crimes of violence motivated by gender (as defined in subsection (d)). (c) CAUSE OF ACTION.--A person (including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State) who commits a crime of violence motivated by gender and thus deprives another of the right declared in subsection (b) shall be liable to the party injured, in an action for the recovery of compensatory and punitive damages, injunctive and declaratory relief, and such other relief as a court may deem appropriate (d) DEFINITIONS.--For purposes of this section-- !l) the term "crime of violence motivated by gender" means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim's gender; and (2) the term "crime of violence" means-- (A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18, United States Code, whether or not those acts have actually resulted in criminal charges, prosecution, or 177 conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and (B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship between the person who takes such action and the individual against whom such action is taken. (e) LIMITATION AND PROCEDURES.-- (V LIMITATION.--Nothing in this section entitles a person to a cause of action under subsection (c) for random acts of violence unrelated to gender or for acts that cannot be demonstrated, by a preponderance of the evidence, to be motivated by gender (within the meaning of subsection (d)). (2) No PRIOR CRIMINAL ACTION.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the elements of a cause of action under subsection (c). (3) CONCURRENT JURISDICTION.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this subtitle. ~4) SUPPLEMENTAL JURISDICTION.--Neither section 1367 of title 28, United States Code, nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. '5) LIMITATION ON REMOVAL.--Section 1445 of title 28, United States Code, is amended by adding at the end the following new subsection: (d) A civil action in any State court arising under section 4030.~ of the Violence Against Women Act of 1994 may not be removed by any district court of the United States.". SEC. '10303. ATTORNEY'S FEES. Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the last sentence-- ~1) by striking "or" after "Public Law 92~18,"; and '2) by inserting ', or section 40302 of the Violence Against Women Act of 1994," after "1964". SEC. 10304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF RAPE VICTIMS. It is the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the consent of the victim. Subtitle D--Equal Justice for Women in the Courts Act SEC. 40401. SHORT TITLE. This subtitle may be cited as the "Equal Justice for Women in the Courts Act of 1994". 178 CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN STATE COURTS SEC. 40411. GRANTS AUTHORIZED. The State Justice Institute may award grants for the purpose of developing, testing, presenting, and disseminating model programs to be used by States (as defined in section 202 of the State Justice Institute Act of 1984 (42 U.S.C. 10701)) in training judge and court personnel in the laws of the States and by Indian tribe~ in training tribal judges and court personnel in the laws of t~ tribes on rape, sexual assault, domestic violence, and other crime of violence motivated by the victim's gender. SEC. 40412. TRAINING PROVIDED BY GRANTS. Training provided pursuant to grants made under this subtitle, may include current information, existing studies, or current data on-- (1) the nature and incidence of rape and sexual assault by strangers and nonstrangers, marital rape, and incest (2) the underreporting of rape, sexual assault, and child sexual abuse; (3) the physical, psychological, and economic impact of rape and sexual assault on the victim, the costs to society, and the implications for sentencing; (4) the psychology of sex offenders, their high rate of recidivism, and the implications for sentencing; (5) the historical evolution of laws and attitudes on rape and sexual assault; (6) sex stereotyping of female and male victims of rape and sexual assault, racial stereotyping of rape victims and defendants, and the impact of such stereotypes on credibility of witnesses, sentencing, and other aspects of the administration of Justice; (7) application of rape shield laws and other limits on introduction of evidence that may subject victims to improper sex stereotyping and harassment in both rape and nonrape cases including the need for sua sponte judicial intervention in inappropriate cross-examination; (8) the use of expert witness testimony on rape trauma syndrome, child sexual abuse accommodation syndrome, post-traumatic stress syndrome, and similar issues; (9) the legitimate reasons why victims of rape, sexual assault, and incest may refuse to testify against a defendant (10) the nature and incidence of domestic violence (11) the physical, psychological, and economic impact of domestic violence on the victim, the costs to society, and the implications for court procedures and sentencing (12) the psychology and self-presentation of batterers and victims and the implications for court proceedings and credibility of witnesses; (13) sex stereotyping of female and male victims of domestic violence, myths about presence or absence of domestic violence in certain racial, ethnic, religious, or socioeconomic groups, and their impact on the administration of justice; 179 (14) historical evolution of laws and attitudes on domestic violence (15) proper and improper interpretations of the defenses of self-defense and provocation, and the use of expert witness testimony on battered woman syndrome; (16) the likelihood of retaliation, recidivism, and escalation of violence by batterers, and the potential impact of incarceration and other meaningful sanctions for acts of domestic violence including violations of orders of protection; (17) economic, psychological, social and institutional reasons for victims' inability to leave the batterer, to report domestic violence or to follow through on complaints, including the influence of lack of support from police, judges, and court personnel, and the legitimate reasons why victims of domestic violence may refuse to testify against a defendant; (18) the need for orders of protection, and the implications of mutual orders of protection, dual arrest policies, and mediation in domestic violence cases; and (19) recognition of and response to gender-motivated crimes of violence other than rape, sexual assault and domestic violence, such as mass or serial murder motivated by the gender of the victims. SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER THIS TITLE. The State Justice Institute shall ensure that model programs carried out pursuant to grants made under this subtitle are developed with the participation of law enforcement officials, public and private nonprofit victim advocates, legal experts, prosecutors, defense attorneys, and recognized experts on gender bias in the courts. SEC. 40414. AUTHORIZATION OF APPROPRIATIONS. ~a) IN GENERAL.--There are authorized to be appropriated to carry out this chapter-- $600,000 for fiscal year 1996. (b) MODEL Programs.~f 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. C~APTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN FEDERAL COURTS SEC. 10421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING GRANTS. ~a) STUDIES.--In order to gain a better understanding of the nature and the extent of gender bias in the Federal courts, the circuit judicial councils are encouraged to conduct studies of the instances if any, of gender bias in their respective circuits and to implement recommended reforms. (b) MATTERS FOR EXAMINATION.--The studies under subsection (a) may include an examination of the effects of gender on-- (1) the treatment of litigants, witnesses, attorneys, jurors, and judges in the courts, including before magistrate and bankruptcy judges; 180 (2) the interpretation and application of the law, both civil and criminal; (3) treatment of defendants in criminal cases (4) treatment of victims of violent crimes in judicial proceedings; (5) sentencing; (6) sentencing alternatives and the nature of supervision of probation and parole; (7) appointments to committees of the Judicial Conference and the courts; (8) case management and court sponsored alternative dispute resolution programs; (9) the selection, retention, promotion, and treatment of employees; (10) appointment of arbitrators, experts, and special masters; (11) the admissibility of the victim's past sexual history in civil and criminal cases, and (12) the aspects of the topics listed in section 40412 that pertain to issues within the jurisdiction of the Federal courts (C) CLEARINGHOUSE.--The Administrative Office of the United States Courts shall act as a clearinghouse to disseminate any reports and materials issued by the gender bias task forces under subsection (a) and to respond to requests for such reports and materials. The gender bias task forces shall provide the Administrative Office of the Courts of the United States with their reports and related material. (d) MODEL PROGRAMS.--The Federal Judicial Center, in carrying out section 620(b)(3) of title 28, United States Code, may-- (1) include in the educational programs it presents and prepares, including the training programs for newly appointed judges, information on issues related to gender bias in the courts including such areas as are listed in subsection (a) along with such other topics as the Federal Judicial Center deems appropriate; (2) prepare materials necessary to implement this subsection; and (3) take into consideration the findings and recommendations of the studies conducted pursuant to subsection (a), and to consult with individuals and groups with relevant expertise in gender bias issues as it prepares or revises such materials. SEC. 40422. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Salaries and Expenses Account of the Courts of Appeals, District Courts, and other Judicial Services to carry out section 40421(a)-- $500,000 for fiscal year 1996. (2) to the Federal Judicial Center to carry out section 40421(d)-- $100,000 for fiscal year 1996. (3) to the Administrative Office of the United States Courts to carry out section 40421(c)-- $100,000 for fiscal year 1996. 181 Subtitle E--Violence Against Women Act Improvements SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES. Section 3156(a)(4) of title 18, United States Code, is amended-- (1) by striking "or" at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ", or"; and (3) by adding after subparagraph (B) the following new subparagraph: "(C) any felony under chapter 109A or chapter 110.". SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW THE AGE OF 16. Section 2245(2) of title 18, United States Code, is amended-- (1) by striking "or" at the end of subparagraph (B); (2) by striking "; and at the end of subparagraph (C) and inserting "; or"; and (3) by inserting after subparagraph (C) the following new subparagraph: "(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;". SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED DISEASES. ~a) FOR VICTIMS IN SEX OFFENSE CASES.--Section 503(c)(7) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by adding at the end the following: "The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section.". (b) PENALTIES FOR INTENTIONAL Transmission OF HIV.--Not later than 6 months after the date of enactment of this Act, the United States Sentencing Commission shall conduct a study and prepare and submit to the committees on the Judiciary of the Senate and the House of Representatives a report concerning recommendations for the revision of sentencing guidelines that relate to offenses in which an HIV infected individual engages in sexual activity if the individual knows that he or she is infected with HIV and intends through such sexual activity, to expose another to HIV. SEC. 40604. EXTENSION AND STRENGTHENING OF RESTITUTION. Section 3663(b) of title 18, United States Code, is amended-- (1) in paragraph (2) by inserting "including an offense under chapter 109A or chapter 110" after "an offense resulting in bodily injury to a victim; (2) by striking "and" at the end of paragraph (3); 182 (3) by redesignating paragraph (4) as paragraph (5); a (4) by inserting after paragraph (3) the following new pa graph: "(4) in any case, reimburse the victim for lost income a necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and". SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERs THROUGH SUSPENSION OF FEDERAL BENEFITs. Section 3663 of title 18, United States Code, is amended by adding at the end the following new subsection "(i)(1) A Federal agency shall immediately suspend all Federal benefits provided by the agency to the defendant, and shall terminate the defendant's eligibility for Federal benefits administered by that agency, upon receipt of a certified copy of a written judicial finding that the defendant is delinquent in making restitution in accordance with any schedule of payments or any requirement of immediate payment imposed under this section. "(2) Any written finding of delinquency described in paragraph (1) shall be made by a court, after a hearing, upon motion of the victim named in the order to receive the restitution or upon motion of the United States "(3) A defendant found to be delinquent may subsequently seek a written finding from the court that the defendant has rectified the delinquency or that the defendant has made and will make good faith efforts to rectify the delinquency. The defendant's eligibility for Federal benefits shall be reinstated upon receipt by the agency of a certified copy of such a finding. "(4) In this subsection, "Federal benefit" means a grant, contract, loan, professional license, or commercial license provided by an agency of the United States.". SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT. (a) STUDY.--The Attorney General, in consultation with the Secretary of Education, shall provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims. The Attorney General may utilize the Bureau of Justice Statistics, the National Institute of Justice, and the Office for Victims of Crime in carrying out this section (b) REPORT.--Based on the study required by subsection (a) and data collected under the Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act, the Attorney General shall prepare a report including an analysis of-- (1) the number of reported allegations and estimated number of unreported allegations of campus sexual assaults, and to whom the allegations are reported (including authorities of the educational institution, sexual assault victim service entities, and local criminal authorities) (2) the number of campus sexual assault allegations reported to authorities of educational institutions which are reported to criminal authorities; 183 (3) the number of campus sexual assault allegations that result in criminal prosecution in comparison with the number of non-campus sexual assault allegations that result in criminal prosecution; (4) Federal and State laws or regulations pertaining specifically to campus sexual assaults; (5) the adequacy of policies and practices of educational institutions in addressing campus sexual assaults and protecting victims, including consideration of-- (A) the security measures in effect at educational institutions, such as utilization of campus police and security guards, control over access to grounds and buildings, supervision of student activities and student living arrangements, control over the consumption of alcohol by students, lighting, and the availability of escort services; (B) the articulation and communication to students of the institution's policies concerning sexual assaults; (C) policies and practices that may prevent or discourage the reporting of campus sexual assaults to local criminal authorities or that may otherwise obstruct justice or interfere with the prosecution of perpetrators of campus sexual assaults (D) the nature and availability of victim services for victims of campus sexual assaults; (E) the ability of educational institutions' disciplinary processes to address allegations of sexual assault adequately and fairly; (F) measures that are taken to ensure that victims are free of unwanted contact with alleged assailants, and disciplinary sanctions that are imposed when a sexual assault is determined to have occurred; and (G) the grounds on which educational institutions are subject to lawsuits based on campus sexual assaults, the resolution of these cases, and measures that can be taken to avoid the likelihood of lawsuits and civil liability; (6) in conjunction with the report produced by the Department of Education in coordination with institutions of education under the Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act, an assessment of the policies and practices of educational institutions that are of greatest effectiveness in addressing campus sexual assaults and protecting victims, including policies and practices relating to the particular issues described in paragraph (5); and (7) any recommendations the Attorney General may have for reforms to address campus sexual assaults and protect ViCtims more effectively, and any other matters that the Attorney General deems relevant to the subject of the study and report required by this section. (c) SUBMISSION OF REPORT.--The report required by subsection ~) shall be submitted to the Congress no later than September 1, 1996 (d) DEFINITION.--For purposes of this section, "campus sexual assault includes sexual assaults occurring at institutions of post- 184 secondary education and sexual assaults committed against or by students or employees of such institutions. (e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out the study required by this section $200,000 for fiscal year 1996. SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME. (a) REPORT.--Not less than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall transmit to the House Committee on Energy and Commerce, the Senate Committee on Labor and Human Resources, and the Committees on the Judiciary of the Senate and the House of Representatives a report on the medical and psychological basis of "battered women's syndrome" and on the extent to which evidence of the syndrome has been considered in criminal trials. (b) COMPONENTS.--The report under subsection (a) shall include-- (1) medical and psychological testimony on the validity of battered women's syndrome as a psychological condition; (2) a compilation of State, tribal, and Federal court cases in which evidence of battered women's syndrome was offered in criminal trials, and (3) an assessment by State, tribal, and Federal judges, prosecutors, and defense attorneys of the effects that evidence of battered women's syndrome may have in criminal trials. SEC. 40608. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF DOMEsTIC VIOLENCE. (a) REPORT.--The Attorney General shall conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses, notwithstanding the desire of the victims to have such information withheld to avoid further exposure to abuse. Based on the study, the Attorney General shall transmit a report to Congress including-- (1) the findings of the study concerning the means by which information concerning the addresses or locations of abused spouses may be obtained by abusers; and (2) analysis of the feasibility of creating effective means of protecting the confidentiality of information concerning the addresses and locations of abused spouses to protect such persons from exposure to further abuse while preserving access to such information for legitimate purposes. (b) USE OF COMPONENTS.--The Attorney General may use the National Institute of Justice and the Office for Victims of Crime in carrying out this section. SEC. 40509. REPORT ON RECORD KEEPING RELATING TO DOMESTIC VIOLENCE Not later than 1 year after the date of enactment of this Act, the Attorney General shall complete a study of, and shall submit to Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. The study and report shall examine-- (1) the efforts that have been made by the Department of Justice, including the Federal Bureau of Investigation, to collect statistics on domestic violence; and 185 (2) the feasibility of requiring that the relationship between an offender and victim be reported in Federal records of crimes of aggravated assault, rape, and other violent crimes. Subtitle F--National Stalker and Domestic Violence Reduction C. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES. (a) ACCESS AND ENTRY.--Section ~34 of title 28~ United States 'e, is amended by adding at the end the following. "(e)(1) Information from national crime information databases consisting of identification records, criminal /. story records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose. ~ "(2) Federal and State criminal justice agencies authorized to enter information into criminal information databases may in Include-- . "(A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and "(B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification. "(3) AS used in this subsection-- "(A) the term 'national crime information databases' means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and "(B) the term 'protection order' includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.". (b) RULEMAKING.--The Attorney General may make rules to try 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 e Criminal Justice Information Services Advisory Policy Board. SEC. 40602. GRANT PROGRAM. (a) IN GENERAL.--The Attorney General is authorized to provide grants to States and units of local government to improve processes r entering data regarding stalking and domestic violence into local, State, and national crime information databases. (b) ELIGIBILITY.--To be eligible to receive a grant under subsection (a), a State or unit of local government shall certify that it 186 has or intends to establish a program that enters into the National Crime Information Center records of-- (1) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; (2) arrests or convictions of persons violating protection or domestic violence; and (3) protection orders for the protection of persons from stalking or domestic violence.SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this sub (1) $1,500,000 for fiscal year 1996; (2) $1,750,000 for fiscal year 1997; and (3) $2,750,000 for fiscal year 1998.SEC. 40604. APPLICATION REQUIREMENTS. An application for a grant under this subtitle shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing-- (1) the need for grant funds and that State or local funding, as the case may be, does not already cover these operations (2) intended use of the grant funds, including a plan of action to increase record input; and (3) an estimate of expected results from the use of the grant funds.SEC. 40605. DISBURSEMENT. Not later than 90 days after the receipt of an application under this subtitle, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided. SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS. The Attorney General may provide technical assistance and training in furtherance of the purposes of this subtitle, and may provide for the evaluation of programs that receive funds under this subtitle, in addition to any evaluation requirements that the Attorney General may prescribe for grantees. The technical assistance training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities. SEC. 40607. TRAINING PROGRAMS FOR JUDGES. The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 202 of the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources. SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION. The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing 187 among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts. SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM. Not later than 2 years after the date of enactment of this Act, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System (NIBRS). SEC. 40610. REPORT TO CONGRESS. The Attorney General shall submit to the Congress an annual report, beginning one year after the date of the enactment of this Act, that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation. SEC. 40611. DEFINITIONS. As used in this subtitle-- (1) the term "national crime information databases" refers to the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and (2) the term "protection order" includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. Subtitle G--Protections for Battered Immigrant Women and Children SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS. (a) IN GENERAL.--Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended-- fl) in subparagraph (A)-- (A) by inserting "(i)" after "(A)", (B) by redesignating the second sentence as clause (ii), and (C) by adding at the end the following new clauses: "(iii) An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who has resided in the United States with the alien's spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if 188 such a child has not been classified under clause (iv)) under such section if the alien demonstrates to the Attorney General that-- "(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's spouse; and "(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien. "(iv) An alien who is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under section 201(b)(2)(A)(i), and who has resided in the United States with the citizen parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien dem- onstrates to the Attorney General that-- "(I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent; and "(IV the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien."; (2) in subparagraph (B)-- (A) by inserting "(i)n after "(B)"- and (B) by adding at the end the following new clauses: "(ii) An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who has resided in the United States with the alien's legal permanent resident spouse may file a petition with the Attorney General under this subparagraph for classification of the alien (and any child of the alien if such a child has not been classified under clause (iii)) under such section if the alien demonstrates to the Attorney General that the conditions described in subclauses (V and (Il) of subparagraph (A)(iii) are met with respect to the alien. "(iii) An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under section 203(a)(2)(A), and who has resided in the United States with the alien's permanent resident alien parent may file a petition with the Attorney General under this subparagraph for classification of the alien under such section if the alien demonstrates to the Attorney General that-- "(V the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent; and "(IV the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien.; and (3) by adding at the end the following new subparagraph: 189 "(H) In acting on petitions filed under clause (iii) or (iv) of sub- paragraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". (b) CONFORMING AMENDMENTS.~1) Section 204(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended-- (A) in subparagraph (A) by striking "filed by an alien who,n and inserting "for the classification of the spouse of an alien if the alien,"; and (B) in subparagraph (B) by striking "by an alien whose prior marriage" and inserting "for the classification of the spouse of an alien if the prior marriage of the alien". (2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1161(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and inserting"204(a)(1)(A)(ii)". (c) SURVIVAL RIGHTS To PETITION.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: "(h) The legal termination of a marriage may not be the sole basis for revocation under section 20~; of a petition filed under subsection (a)(1)(A)(iii) or a petition filed under subsection (a)(V(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(V.". (d) EFFECTIVE DATE.--The amendments made by this section shall take effect January 1, 1995. SEC 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS. (a) IN GENERAL.--Section 216(c)(4) of the Immigration and nationality Act (8 U.S.c. 1186a(c)(4)) is amended by inserting after the second sentence the following: "In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.". (b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take effect on the date of enactment of this Act and shall apply to applications made before, on, or after such date. SEC.40703. SUSPENSION OF DEPORTATION. (a) BATTERED SPOUSE OR CHILD. Section 244(a) of the Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended-- (1) by striking "or" at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting "; or"; and (3) by inserting after paragraph (2) the following: "(3) is deportable under any law of the United States except section 241(a)(1)(G) and the provisions specified in paragraph (2); has been physically present in the United States for a con- tinuous period of not less than 3 years immediately preceding the date of such application; has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is 190 nt t resident ~ =subJected to et Unt~ted States the alienP was atnhdatisdUring all of such tlme in tehnet er, and IS a person whose deportation would, in the opinion orf the aAltitexnr,snepYarGeennteral~hr.elSdUIt in extreme hardship to the alien tu~n an~ection 244 of the Immigra nleiycaGteneraT shall cons~der any crediole evidence relevan)t tohethAettaxpr wfetlhghtAto be given th4t evldencfe shaaltl ebVeidwentchei iShCredible and the TITLE V--DRUG COURT~ SEC. 50001. DRUG COURTS. tSiOane !~jt~rc~ f 1968 (42 U.S.C 3711 et seq.), as amendnedrxblyasencd (1) by redesignating part V as part W (2) by redesignating section 2201 as section 2301- and (3) by ~nsertlng after part U the following new part: "PART V--DRUG COURTS "SEC. 2201. GRANTAUTHORITY. l CxUrtS units of local gOyuernnameengtrantd to States, State cOurts private entitige6~ for pryogorramhsrothgth iagrleements with other public or (1) continuing judicial superuision over offenders with sub- stance abuse problems who are not violent offenders; and services, which shall include-- f anctions and "(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 partici "(B) substance abuse treatment for each participant inVolv~ng the possibility of pnr'Osoecuot.ther Supervised releasecarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and aftercare services such as relapse prevention, health care ed ucation, vocational training, job placement, housing placement, and child care or other family support services r each participant who requires such services 191 "SEC 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS. ~The Attorney General shall-- "(V 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. DEFINITIOM "In this part, 'violent offender' means a person who-- "(1) is charged with or convicted of an offense, during the course of which offense or conduct-- "(A) the person carried, possessed, or used a firearm or dangerous weapon; "(B) there occurred the death of or serious bodily inJury to any person; or "(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A), (B), or (C) is an element of the offense or conduct of which or for which the person IS charged or convicted; or . y fel ime of "(2) has one or more prlor convlctlons for a ony cr violence involving the use or attempted use of force against a person with the intent to cause death or serious bod~ly harm. "SEC. 2204. ADII~NISTRATION. (a) CONSULTATION.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. "(b) USE OF COMPONENTS.--The Attorney General may utilize any component or components of the Department of Justice ln carrying out this part. (c) REGULATORY AUTHORITY.--The Attorney General may issue regulations and guidelines necessary to carry out this part. "(d) APPLICATIONS.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall-- "(1) include a long-term strategy and detailed implementa "(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 localsources of funding that would otherwise be available; "(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; "(~) 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; R1-787 O--94--7 QL 3 192 "(6) certify that participating offenders will be supervised by one or more designate judges with responsibility for the drug court program; "(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support, and "(8) describe the methodology that will be used in evaluating the program."SEC 2205. APPLICATIONS. "To request funds under this part, the chief executive or the chief Justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. "SEC 2206. FEDERAL SHARE. "The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2205 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. "SEC. 2207. Geographic Distribution. "The Attorney General shall ensure that, to the extent practical an equitable geographic distribution of grant awards is made. ~SEC. 2208. REPORT. "A State, Indian tribal government, or unit of local government t at receives funds under this part during a fiscal year shall submit to the Attorney General a report in March of the following year re- garding the effectiveness of this part. "SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION (a) TECHNICAL ASSISTANCE AND TRAINING.--The Attorney Genera may provide technical assistance and training in furtherance of the purposes of this part. (b) EVALUATIONS.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry or make arrangements for evaluations of programs that receive support under this part. (c) ADMINISTRATION.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.". (b) TECHNICAL AMENDMENT.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U S C et seq.), as amended by section 40231(b), is amended by striking the matter relating to part V and inserting the following: 'PART V--DRUG COURTS Sec. 2201 Grant authority. Sec. 2202 Prohibition of participation by violent offenders Sec. 2203 Definition. 193 "Sec. 2204. Administration. "Sec. 2205. Applications. "Sec. 2206. Federal share. "Sec. 2207. Geographic distribution. "Sec. 2208. Report. "Sec. 2209. Technical assistance, training, and evaluation. "PART W--TRANSMISSION-EFFECTIVE DATE-REPEALER ~Sec. 2301. Continuation of rules, authorities, and proceedings.~. (c) Authorization OF appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 40231(c), is amended-- (1) in paragraph (3) by striking "and U" and inserting "U, and V"; and (2) by adding at the end the following new paragraph: "(20) There are authorized to be appropriated to carry out part "(1) $100,000,000 for fiscal year 1995; "(2) $150,000,000 for fiscal year 1996; "(3) $200,000,000 for fiscal year 1997; "(4) $250,000,000 for fiscal year 1998; "(5) $300,000,000 for fiscal year 1999; and "(6) $300,000,000 for fiscal year 2000.". SEC. 5002. STUDY BY THE GENERAL ACCOUNTING OFFICE. (a) IN GENERAL.--The Comptroller General of the United States shall study and assess the effectiveness and impact of grants authorized by part V of title I of the Omnibus Crime Control and Safe Streets Act of 1968 as added by section 50001(a), and report to Congress the results of the study on or before January 1, 1997. (b) DOCUMENTS AND INFORMATION.--The Attorney General and grant recipients shall provide the Comptroller General with all relevant documents and information that the Comptroller General deems necessary to conduct the study under subsection (a), including the identities and criminal records of program participants. (c) CRITERIA.--In assessing the effectiveness of the grants made under programs authorized by part V of the Omnibus Crime Control and Safe Streets Act of 1968, the Comptroller General shall consider, among other things-- (1) recidivism rates of program participants, (2) completion rates among program participants; (3) drug use by program participants; and (4) the costs of the program to the criminal justice system. TITLE VI--DEATH PENALTY SEC. 60001. SHORT TITLE. This title may be cited as the "Federal Death Penalty Act of 1994". SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE OF DEATH. (a) IN GENERAL.--Part 11 of title 18, United States Code, is amended by inserting after chapter 227 the following new chapter: 194 "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 if 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 provided, if the defendant, as determined beyond a reasonable doubt at the hearing under section 3693-- "(A) intentionally killed the victim "(B! intentionally inflicted serious bodily injury that resulted in the death of the victim "(C) intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense, and the victim died as a direct result of the act, or "(D) intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act, shall be sentenced to death if, after consideration of the factors set forth in section 3592 in the course of a hearing held pursuant to sect- ion , it Is determined that imposition of a sentence of death is Justified, except that no person may be sentenced to death who was less than 18 years of age at the time of the offense. "(b) A defendant who has been found guilty of-- (1) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C 848(c)(1)), committed as part a continuing criminal enterprise offense under the conditions ascribed in subsection (b) of that section which involved not less than twice the quantity of controlled substance described in subsection (b)(2)(A) or twice the gross receipts described in subsection (b)(2)(B); or "(2) an offense referred to in section 408(c)(1) of the Controlled Substances Act (21 U.S.C. 848(c)(l)), committed as part of a continuing criminal enterprise offense under that section, where the defendant is a principal administrator, organizer, or leader of such an enterprise, and the defendant, in order to obstruct the investigation or ------------------------------ Cut here ------------------------------