SEC. 40101. SHORT TITLE.
This subtitle may be cited as the `Safe Streets for Women Act of1994'.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
(a) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2247. Repeat offenders
`Any person who violates a provision of this chapter, after one or more prior convictions for an offense punishable under this chapter, or after one or more prior convictions under the laws of any State relating to aggravated sexual abuse, sexual abuse, or abusive sexual contact have become final, is punishable by a term of imprisonment up to twice that otherwise authorized.'.
(b) AMENDMENT OF SENTENCING GUIDELINES- The Sentencing Commission shall implement the amendment made by subsection (a) by promulgating amendments, if appropriate, in the sentencing guidelines applicable to chapter 109A offenses.
(c) CHAPTER ANALYSIS- The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item:
`2247. Repeat offenders.'.
SEC. 40112. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend, where necessary, its sentencing guidelines on aggravated sexual abuse under section 2241 of title 18, United States Code, or sexual abuse under section 2242 of title 18, United States Code, as follows:
(1) The Commission shall review and promulgate amendments tothe guidelines, if appropriate, to enhance penalties if more than 1 offender is involved in the offense.
(2) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim.
(3) The Commission shall review and promulgate amendments to the guidelines to enhance penalties, if appropriate, to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States.
(4) The Commission shall review and promulgate amendments to the guidelines, if appropriate, to account for the general problem of recidivism in cases of sex offenses, the severity of the offense, and its devastating effects on survivors. (b) REPORT- Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission shall review and submit to Congress a report containing an analysis of Federal rape sentencing, accompanied by comment from independent experts in the field, describing--
(1) comparative Federal sentences for cases in which the rape victim is known to the defendant and cases in which the rape victim is not known to the defendant;
(2) comparative Federal sentences for cases on Federal territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations residing primarily on Federal territory relative to the impact of other Federal offenses in which the existence of Federal jurisdiction depends upon the offense's being committed on Federal territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE-
(1) IN GENERAL- Chapter 109A of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2248. Mandatory restitution
`(a) IN GENERAL- Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
`(b) SCOPE AND NATURE OF ORDER-
`(1) DIRECTIONS- The order of restitution under this section shall direct that--
`(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and
`(B) the United States Attorney enforce the restitution order by all available and reasonable means.
`(2) ENFORCEMENT BY VICTIM- An order of restitution also maybe enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for--
`(A) medical services relating to physical, psychiatric, or psychological care;
`(B) physical and occupational therapy or rehabilitation;
`(C) necessary transportation, temporary housing, and child care expenses;
`(D) lost income;
`(E) attorneys' fees, plus any costs incurred in obtaining a civil protection order; and
`(F) any other losses suffered by the victim as a proximate result of the offense.
`(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
`(B) A court may not decline to issue an order under this section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of insurance or any other source.
`(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid.
`(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
`(I) the financial resources and other assets of the defendant;
`(II) projected earnings, earning capacity, and other income of the defendant; and
`(III) any financial obligations of the defendant, including obligations to dependents.
`(D) Subparagraph (A) does not apply if--
`(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and
`(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
`(5) MORE THAN 1 OFFENDER- When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender.
`(6) MORE THAN 1 VICTIM- When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim.
`(7) PAYMENT SCHEDULE- An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals.
`(8) SETOFF- Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided by the law of the State.
`(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss.
`(10) CONDITION OF PROBATION OR SUPERVISED RELEASE- Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply.
`(c) PROOF OF CLAIM-
`(1) AFFIDAVIT- Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the United States Attorney's delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney's delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so.
`(2) OBJECTION- If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses.
`(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera.
`(4) FINAL DETERMINATION OF LOSSES- If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing as provided in paragraph (1), the United States Attorney (or the United States Attorney's delegee) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief.
`(d) MODIFICATION OF ORDER- A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.
`(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
`(f) DEFINITION- For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.'.
(2) TECHNICAL AMENDMENT- The chapter analysis for chapter 109A of title 18, United States Code, is amended by adding at the end the following new item:
`2248. Mandatory restitution.'.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN-
(1) IN GENERAL- Chapter 110 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2259. Mandatory restitution
`(a) IN GENERAL- Notwithstanding section 3663, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution for any offense under this chapter.
`(b) SCOPE AND NATURE OF ORDER-
`(1) DIRECTIONS- The order of restitution under this section shall direct that--
`(A) the defendant pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court, pursuant to paragraph (3); and
`(B) the United States Attorney enforce the restitution order by all available and reasonable means.
`(2) ENFORCEMENT BY VICTIM- An order of restitution may also be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term `full amount of the victim's losses' includes any costs incurred by the victim for--
`(A) medical services relating to physical, psychiatric, or psychological care;
`(B) physical and occupational therapy or rehabilitation;
`(C) necessary transportation, temporary housing, and child care expenses;
`(D) lost income;
`(E) attorneys' fees, as well as other costs incurred; and
`(F) any other losses suffered by the victim as a proximate result of the offense.
`(4) ORDER MANDATORY- (A) The issuance of a restitution order under this section is mandatory.
`(B) A court may not decline to issue an order under this section because of--
`(i) the economic circumstances of the defendant; or
`(ii) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds of insurance or any other source.
`(C)(i) Notwithstanding subparagraph (A), the court may take into account the economic circumstances of the defendant in determining the manner in which and the schedule according to which the restitution is to be paid.
`(ii) For purposes of this subparagraph, the term `economic circumstances' includes--
`(I) the financial resources and other assets of the defendant;
`(II) projected earnings, earning capacity, and other income of the defendant; and
`(III) any financial obligations of the defendant, including obligations to dependents.
`(D) Subparagraph (A) does not apply if--
`(i) the court finds on the record that the economic circumstances of the defendant do not allow for the payment of any amount of a restitution order, and do not allow for the payment of any or some portion of the amount of a restitution order in the foreseeable future (under any reasonable schedule of payments); and
`(ii) the court enters in its order the amount of the victim's losses, and provides a nominal restitution award.
`(5) MORE THAN 1 OFFENDER- When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender.
`(6) MORE THAN 1 VICTIM- When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but may provide for different payment schedules to reflect the economic circumstances of each victim.
`(7) PAYMENT SCHEDULE- An order under this section may direct the defendant to make a single lump-sum payment or partial payments at specified intervals.
`(8) SETOFF- Any amount paid to a victim under this section shall be set off against any amount later recovered as compensatory damages by the victim from the defendant in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided by the law of the State.
`(9) EFFECT ON OTHER SOURCES OF COMPENSATION- The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss.
`(10) CONDITION OF PROBATION OR SUPERVISED RELEASE- Compliance with a restitution order issued under this section shall be a condition of any probation or supervised release of a defendant. If an offender fails to comply with a restitution order, the court may, after a hearing, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, or hold the defendant in contempt pursuant to section 3583(e). In determining whether to revoke probation or a term of supervised release, modify the terms or conditions of probation or supervised release or hold a defendant serving a term of supervised release in contempt, the court shall consider the defendant's employment status, earning ability and financial resources, the willfulness of the defendant's failure to comply, and any other circumstances that may have a bearing on the defendant's ability to comply.
`(c) PROOF OF CLAIM-
`(1) AFFIDAVIT- Within 60 days after conviction and, in any event, not later than 10 days prior to sentencing, the United States Attorney (or the United States Attorney's delegee), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the United States Attorney's delegee) and the victim. Should the victim object to any of the information included in the affidavit, the United States Attorney (or the United States Attorney's delegee) shall advise the victim that the victim may file a separate affidavit and shall provide the victim with an affidavit form which may be used to do so.
`(2) OBJECTION- If, after the defendant has been notified of the affidavit, no objection is raised by the defendant, the amounts attested to in the affidavit filed pursuant to paragraph (1) shall be entered in the court's restitution order. If objection is raised, the court may require the victim or the United States Attorney (or the United States Attorney's delegee) to submit further affidavits or other supporting documents, demonstrating the victim's losses.
`(3) ADDITIONAL DOCUMENTATION AND TESTIMONY- If the court concludes, after reviewing the supporting documentation and considering the defendant's objections, that there is a substantial reason for doubting the authenticity or veracity of the records submitted, the court may require additional documentation or hear testimony on those questions. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera.
`(4) FINAL DETERMINATION OF LOSSES- If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing as provided in paragraph (1), the United States Attorney (or the United States Attorney's delegee) shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief.
`(d) MODIFICATION OF ORDER- A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.
`(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER- The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
`(f) DEFINITION- For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.'.
(2) TECHNICAL AMENDMENT- The chapter analysis for chapter 110 of title 18, United States Code, is amended by adding at the end the following new item:
`2259. Mandatory restitution.'.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS. There are authorized to be appropriated for the United States Attorneys for the purpose of appointing Victim/Witness Counselors for the prosecution of sex crimes and domestic violence crimes where applicable (such as the District of Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(a), is amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
`(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women.
`(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this part shall provide personnel, training, technical assistance, data collection and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women, and specifically, for the purposes of--
`(1) training law enforcement officers and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of sexual assault and domestic violence;
`(2) developing, training, or expanding units of law enforcement officers and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence;
`(3) developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic violence;
`(4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence;
`(5) developing, enlarging, or strengthening victim services programs, including sexual assault and domestic violence programs, developing or improving delivery of victim services to racial, cultural, ethnic, and language minorities, providing specialized domestic violence court advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, including crimes of sexual assault and domestic violence;
`(6) developing, enlarging, or strengthening programs addressing stalking; and
`(7) developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence.
`SEC. 2002. STATE GRANTS.
`(a) GENERAL GRANTS- The Attorney General may make grants to States, for use by States, units of local government, nonprofit nongovernmental victim services programs, and Indian tribal governments for the purposes described in section 2001(b).
`(b) AMOUNTS- Of the amounts appropriated for the purposes of this part--
`(1) 4 percent shall be available for grants to Indian tribal governments;
`(2) $500,000 shall be available for grants to applicants in each State; and
`(3) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio to the amount of remaining funds as the population of the State bears to the population of all of the States that results from a distribution among the States on the basis of each State's population in relation to the population of all States (not including populations of Indian tribes).
`(c) QUALIFICATION- Upon satisfying the terms of subsection (d), any State shall be qualified for funds provided under this part upon certification that--
`(1) the funds shall be used for any of the purposes described in section 2001(b);
`(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, nongovernmental victim services programs, including sexual assault and domestic violence victim services programs;
`(3) at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas: prosecution, law enforcement, and victim services; and
`(4) any Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle.
`(d) APPLICATION REQUIREMENTS- The application requirements provided in section 513 shall apply to grants made under this part. In addition, each application shall include the certifications of qualification required by subsection (c), including documentation from nonprofit, nongovernmental victim services programs, describing their participation in developing the plan required by subsection (c)(2). An application shall include--
`(1) documentation from the prosecution, law enforcement, and victim services programs to be assisted, demonstrating--
`(A) need for the grant funds;
`(B) intended use of the grant funds;
`(C) expected results from the use of grant funds; and
`(D) demographic characteristics of the populations to be served, including age, marital status, disability, race, ethnicity and language background;
`(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2005; and
`(3) proof of compliance with the requirements for paying filing and service fees for domestic violence cases provided in section 2006.
`(e) DISBisting domestic violence and sexual assault programs in the population and geographic area to be served in relation to the availability of such programs in other such populations and geographic areas;
`(B) determine the amount of subgrants based on the population and geographic area to be served;
`(C) equitably distribute monies on a geographic basis including nonurban and rural areas of various geographic sizes; and
`(D) recognize and address the needs of underserved populations.
`(f) FEDERAL SHARE- The Federal share of a grant made under this subtitle may not exceed 75 percent of the total costs of the projects described in the application submitted.
`(g) INDIAN TRIBES- Funds appropriated by the Congress for the activities of any agency of an Indian tribal government or of the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the cost of programs or projects funded under this part.
`(h) GRANTEE REPORTING-
`(1) IN GENERAL- Upon completion of the grant period under this part, a State or Indian tribal grantee shall file a performance report with the Attorney General explaining the activities carried out, which report shall include an assessment of the effectiveness of those activities in achieving the purposes of this part.
`(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES- A section of the performance report shall be completed by each grantee and subgrantee that performed the direct services contemplated in the application, certifying performance of direct services under the grant.
`(3) SUSPENSION OF FUNDING- The Attorney General shall suspend funding for an approved application if--
`(A) an applicant fails to submit an annual performance report;
`(B) funds are expended for purposes other than those described in this part; or
`(C) a report under paragraph (1) or accompanying assessments demonstrate to the Attorney General that the program is ineffective or financially unsound.
`SEC. 2003. DEFINITIONS.
`In this part--
`(1) the term `domestic violence' includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other adult person against a victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction receiving grant monies;
`(2) the term `Indian country' has the meaning stated in section 1151 of title 18, United States Code;
`(3) the term `Indian tribe' means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
`(4) the term `law enforcement' means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs);
`(5) the term `prosecution' means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency's component bureaus (such as governmental victim services programs);
`(6) the term `sexual assault' means any conduct proscribed by chapter 109A of title 18, United States Code, whether or not the conduct occurs in the special maritime and territorial jurisdiction of the United States or in a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim;
`(7) the term `underserved populations' includes populations underserved because of geographic location (such as rural isolation), underserved racial or ethnic populations, and populations underserved because of special needs, such as language barriers or physical disabilities; and
`(8) the term `victim services' means a nonprofit, nongovernmental organization that assists domestic violence or sexual assault victims, including rape crisis centers, battered women's shelters, and other sexual assault or domestic violence programs, including nonprofit, nongovernmental organizations assisting domestic violence or sexual assault victims through the legal process.
`SEC. 2004. GENERAL TERMS AND CONDITIONS.
`(a) NONMONETARY ASSISTANCE- In addition to the assistance provided under this part, the Attorney General may request any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State, tribal, and local assistance efforts.
`(b) REPORTING- Not later than 180 days after the end of each fiscal year for which grants are made under this part, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that includes, for each State and for each grantee Indian tribe--
`(1) the number of grants made and funds distributed under this part;
`(2) a summary of the purposes for which those grants were provided and an evaluation of their progress;
`(3) a statistical summary of persons served, detailing the nature of victimization, and providing data on age, sex, relationship of victim to offender, geographic distribution, race, ethnicity, language, and disability; and
`(4) an evaluation of the effectiveness of programs funded under this part.
`(c) REGULATIONS OR GUIDELINES- Not later than 120 days after the date of enactment of this part, the Attorney General shall publish proposed regulations or guidelines implementing this part. Not later than 180 days after the date of enactment, the Attorney General shall publish final regulations or guidelines implementing this part.
`SEC. 2005. RAPE EXAM PAYMENTS.
`(a) RESTRICTION OF FUNDS-
`(1) IN GENERAL- A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, unit of local government, or another governmental entity incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault.
`(2) REDISTRIBUTION- Funds withheld from a State or unit of local government under paragraph (1) shall be distributed to other States or units of local government pro rata. Funds withheld from an Indian tribal government under paragraph (1) shall be distributed to other Indian tribal governments pro rata.
`(b) MEDICAL COSTS- A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity--
`(1) provides such exams to victims free of charge to the victim;
`(2) arranges for victims to obtain such exams free of charge to the victims; or
`(3) reimburses victims for the cost of such exams if--
`(A) the reimbursement covers the full cost of such exams, without any deductible requirement or limit on the amount of a reimbursement;
`(B) the reimbursing governmental entity permits victims to apply for reimbursement for not less than one year from the date of the exam;
`(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victim's expense; and
`(D) the State, Indian tribal government, unit of local government, or reimbursing governmental entity provides information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.
`SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
`(a) IN GENERAL- A State, Indian tribal government, or unit of local government, shall not be entitled to funds under this part unless the State, Indian tribal government, or unit of local government--
`(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, that the abused bear the costs associated with the filing of criminal charges against the domestic violence offender, or the costs associated with the issuance or service of a warrant, protection order, or witness subpoena; or
`(2) gives the Attorney General assurances that its laws, policies and practices will be in compliance with the requirements of paragraph (1) within the later of--
`(A) the period ending on the date on which the next session of the State legislature ends; or
`(B) 2 years.
`(b) REDISTRIBUTION- Funds withheld from a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to other States, units of local government, and Indian tribal government, respectively, pro rata.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 32101(b), is amended by striking the matter relating to part T and inserting the following:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`Sec. 2001. Purpose of the program and grants.
`Sec. 2002. State grants.
`Sec. 2003. General definitions.
`Sec. 2004. General terms and conditions.
`Sec. 2005. Rape exam payments.
`Sec. 2006. Filing costs for criminal charges.
`PART U--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 2101. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 32101(d), is amended--
(1) in paragraph (3) by striking `and S' and inserting `S, and T'; and
(2) by adding at the end the following new paragraph:
`(18) There are authorized to be appropriated to carry out part T--
`(A) $26,000,000 for fiscal year 1995;
`(B) $130,000,000 for fiscal year 1996;
`(C) $145,000,000 for fiscal year 1997;
`(D) $160,000,000 for fiscal year 1998;
`(E) $165,000,000 for fiscal year 1999; and
`(F) $174,000,000 for fiscal year 2000.'.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION.
(a) GENERAL PURPOSE- There is authorized to be appropriated not to exceed $10,000,000, for the Secretary of Transportation (referred to in this section as the `Secretary') to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. None of the provisions of this Act may be construed to prohibit the financing of projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES-
(1) From the sums authorized for expenditure under this section for crime prevention, the Secretary is authorized to make grants and loans to States and local public bodies or agencies for the purpose of increasing the safety of public transportation by--
(A) increasing lighting within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(B) increasing camera surveillance of areas within and adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public transportation systems, including bus stops, subway stations, parking lots, or garages; or
(D) any other project intended to increase the security and safety of existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent shall be expended on projects of the type described in subsection (b)(1) (A) and (B).
(c) REPORTING- All grants under this section are contingent upon the filing of a report with the Secretary and the Department of Justice, Office of Victims of Crime, showing crime rates in or adjacent to public transportation before, and for a 1-year period after, the capital improvement. Statistics shall be compiled on the basis of the type of crime, sex, race, ethnicity, language, and relationship of victim to the offender.
(d) INCREASED FEDERAL SHARE- Notwithstanding any other provision of law, the Federal share under this section for each capital improvement project that enhances the safety and security of public transportation systems and that is not required by law (including any other provision of this Act) shall be 90 percent of the net project cost of the project.
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR WOMEN- From the sums authorized under this section, the Secretary shall provide grants and loans for the purpose of studying ways to reduce violent crimes against women in public transit through better design or operation of public transit systems.
(f) GENERAL REQUIREMENTS- All grants or loans provided under this section shall be subject to the same terms, conditions, requirements, and provisions applicable to grants and loans as specified in section 5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the following new section:
`SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
`(a) AVAILABILITY OF FUNDS- There are authorized to be appropriated out of the Violent Crime Reduction Trust Fund, not to exceed $10,000,000, for the Secretary of the Interior to take all necessary actions to seek to reduce the incidence of violent crime in the National Park System.
`(b) RECOMMENDATIONS FOR IMPROVEMENT- The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to--
`(1) compile a list of areas within the National Park System with the highest rates of violent crime;
`(2) make recommendations concerning capital improvements, and other measures, needed within the National Park System to reduce the rates of violent crime, including the rate of sexual assault; and
`(3) publish the information required by paragraphs (1) and (2) in the Federal Register.
`(c) DISTRIBUTION OF FUNDS- Based on the recommendations and list issued pursuant to subsection (b), the Secretary shall distribute the funds authorized by subsection (a) throughout the National Park System. Priority shall be given to those areas with the highest rates of sexual assault.
`(d) USE OF FUNDS- Funds provided under this section may be used--
`(1) to increase lighting within or adjacent to National Park System units;
`(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to National Park System units;
`(3) to increase security or law enforcement personnel within or adjacent to National Park System units; or
`(4) for any other project intended to increase the security and safety of National Park System units.'.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l -8) is amended by adding at the end the following new subsection:
`(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME-
`(1) AVAILABILITY OF FUNDS- In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to--
`(A) increase lighting within or adjacent to public parks and recreation areas;
`(B) provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas;
`(C) increase security personnel within or adjacent to public parks and recreation areas; and
`(D) fund any other project intended to increase the security and safety of public parks and recreation areas.
`(2) ELIGIBILITY- In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall be dependent upon a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.
`(3) FEDERAL SHARE- Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by any State for the purposes described in this subsection, and the remaining share of the cost shall be borne by the State.'.
CHAPTER 4--NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) MODIFICATION OF PROPOSED AMENDMENT- The proposed amendments to the Federal Rules of Evidence that are embraced by an order entered by the Supreme Court of the United States on April 29, 1994, shall take effect on December 1, 1994, as otherwise provided by law, but with the amendment made by subsection (b).
(b) RULE- Rule 412 of the Federal Rules of Evidence is amended to read as follows:
`Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition
`(a) EVIDENCE GENERALLY INADMISSIBLE- The following evidence is not admissible in any civil or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b) and (c):
`(1) Evidence offered to prove that any alleged victim engaged in other sexual behavior.
`(2) Evidence offered to prove any alleged victim's sexual predisposition.
`(b) EXCEPTIONS-
`(1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules:
`(A) evidence of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury or other physical evidence;
`(B) evidence of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and
`(C) evidence the exclusion of which would violate the constitutional rights of the defendant.
`(2) In a civil case, evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim is admissible if it is otherwise admissible under these rules and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. Evidence of an alleged victim's reputation is admissible only if it has been placed in controversy by the alleged victim.
`(c) PROCEDURE TO DETERMINE ADMISSIBILITY-
`(1) A party intending to offer evidence under subdivision (b) must--
`(A) file a written motion at least 14 days before trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and
`(B) serve the motion on all parties and notify the alleged victim or, when appropriate, the alleged victim's guardian or representative.
`(2) Before admitting evidence under this rule the court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.'.
(c) TECHNICAL AMENDMENT- The table of contents for the Federal Rules of Evidence is amended by amending the item relating to rule 412 to read as follows:
`412. Sex Offense Cases; Relevance of Alleged Victim's Past SexualBehavior or Alleged Sexual Predisposition:
`(a) Evidence generally inadmissible.
`(b) Exceptions.
`(c) Procedure to determine admissibility.'.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services Act (42 U.S.C. 300w et seq.) is amended by adding at the end the following new section:
`SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
`(a) PERMITTED USE- Notwithstanding section 1904(a)(1), amounts transferred by the State for use under this part may be used for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities for--
`(1) educational seminars;
`(2) the operation of hotlines;
`(3) training programs for professionals;
`(4) the preparation of informational materials; and
`(5) other efforts to increase awareness of the facts about, or to help prevent, sexual assault, including efforts to increase awareness in underserved racial, ethnic, and language minority communities.
`(b) TARGETING OF EDUCATION PROGRAMS- States providing grant monies must ensure that at least 25 percent of the monies are devoted to education programs targeted for middle school, junior high school, and high school students.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
`(1) $35,000,000 for fiscal year 1996;
`(2) $35,000,000 for fiscal year 1997;
`(3) $45,000,000 for fiscal year 1998;
`(4) $45,000,000 for fiscal year 1999; and
`(5) $45,000,000 for fiscal year 2000.
`(d) LIMITATION- Funds authorized under this section may only be used for providing rape prevention and education programs.
`(e) DEFINITION- For purposes of this section, the term `rape prevention and education' includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim.
`(f) TERMS- The Secretary shall make allotments to each State on the basis of the population of the State, and subject to the conditions provided in this section and sections 1904 through 1909.'.
SEC. 40152. TRAINING PROGRAMS.
(a) IN GENERAL- The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of--
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS- The Attorney General shall ensure, to the extent practicable, that training programs developed under subsection (a) are available in geographically diverse locations throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION- The Attorney General shall--
(1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits, taking into account the following factors:
(A) the danger that counseling programs for victims of sexual assault and domestic violence will be unable to achieve their goal of helping victims recover from the trauma associated with these crimes if there is no assurance that the records of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors, in light of the likelihood that such an absolute privilege will provide the maximum guarantee of confidentiality but also in light of the possibility that such an absolute privilege may be held to violate the rights of criminal defendants under the Federal or State constitutions by denying them the opportunity to obtain exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential communications between victims of these crimes and their counselors, short of an absolute privilege, are most likely to ensure that the counseling programs will not be undermined, and specifically whether no such disclosure should be allowed unless, at a minimum, there has been a particularized showing by a criminal defendant of a compelling need for records of such communications, and adequate procedural safeguards are in place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation.
(b) REPORT AND RECOMMENDATIONS- Not later than the date that is 1 year after the date of enactment of this Act, the Attorney General shall report to the Congress--
(1) the findings of the study and the model legislation required by this section; and
(2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government.
(c) REVIEW OF FEDERAL EVIDENTIARY RULES- The Judicial Conference of the United States shall evaluate and report to Congress its views on whether the Federal Rules of Evidence should be amended, and if so, how they should be amended, to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18, United States Code, or for the commission of a similar offense, including halfway houses and psychiatric institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.) is amended--
(1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and
(2) by inserting after section 315 the following new section:
`GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
`SEC. 316. (a) IN GENERAL- The Secretary shall make grants under this section to private, nonprofit agencies for street-based outreach and education, including treatment, counseling, provision of information, and referral for runaway, homeless, and street youth who have been subjected to or are at risk of being subjected to sexual abuse.
`(b) PRIORITY- In selecting among applicants for grants under subsection (a), the Secretary shall give priority to agencies that have experience in providing services to runaway, homeless, and street youth.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--
`(1) $7,000,000 for fiscal year 1996;
`(2) $8,000,000 for fiscal year 1997; and
`(3) $15,000,000 for fiscal year 1998.
`(d) DEFINITIONS- For the purposes of this section--
`(1) the term `street-based outreach and education' includes education and prevention efforts directed at offenses committed by offenders who are not known to the victim as well as offenders who are known to the victim; and
`(2) the term `street youth' means a juvenile who spends a significant amount of time on the street or in other areas of exposure to encounters that may lead to sexual abuse.'.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM-
(1) REAUTHORIZATION- Section 218(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to read as follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to carry out this subtitle--
`(1) $6,000,000 for fiscal year 1996;
`(2) $6,000,000 for fiscal year 1997;
`(3) $7,000,000 for fiscal year 1998;
`(4) $9,000,000 for fiscal year 1999; and
`(5) $10,000,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 216 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking `this chapter' and inserting `this subtitle'.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND PRACTITIONERS-
(1) REAUTHORIZATION- Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to read as follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to carry out this subtitle--
`(1) $750,000 for fiscal year 1996;
`(2) $1,000,000 for fiscal year 1997;
`(3) $2,000,000 for fiscal year 1998;
`(4) $2,000,000 for fiscal year 1999; and
`(5) $2,300,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 221(b) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by striking `this chapter' and inserting `this subtitle'.
(c) GRANTS FOR TELEVISED TESTIMONY- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as follows:
`(7) There are authorized to be appropriated to carry out part N--
`(A) $250,000 for fiscal year 1996;
`(B) $1,000,000 for fiscal year 1997;
`(C) $1,000,000 for fiscal year 1998;
`(D) $1,000,000 for fiscal year 1999; and
`(E) $1,000,000 for fiscal year 2000.';
(2) applicant is eligible to receive a grant under this part if--';
(ii) in paragraph (1) by striking `there is in effect in such State' and inserting `the applicant certifies and the Director determines that there is in effect in the State';
(iii) in paragraph (2) by striking `such State law shall meet' and inserting `the applicant certifies and the Director determines that State law meets';
(iv) by inserting `and' after subparagraph (E);
(v) in paragraph (3)--
(I) by inserting `the Director determines that' before `the application'; and
(II) by striking `; and' and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking `Each application' and inserting the following:
`(b) Each application'; and
(viii) by striking `the Bureau' each place it appears and inserting `the Director'; and
(B) by redesignating subsection (b) as subsection (c) and by striking `The Bureau' and inserting `The Director';
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking `State which' and inserting `State or unit of local government that';
(ii) by striking `title' and inserting `part'; and
(iii) in paragraph (1) by striking `State'; and
(B) in subsection (b)(1) by striking `such State' and inserting `the State and units of local government in the State';
(7) in section 1407 (42 U.S.C. 3796aa-6)--
(A) in subsection (c)--
(i) by striking `Each State' and all that follows through `effective audit' and inserting `Grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds) shall keep such records as the Director may require by rule to facilitate such an audit.'; and
(ii) in paragraph (2) by striking `States which receive grants, and of units of local government which receive any part of a grant made under this part' and inserting `grant recipients (or private organizations with which grant recipients have contracted to provide equipment or training using grant funds)'; and
(B) by adding at the end the following new subsection:
`(d) UTILIZATION OF PRIVATE SECTOR- Nothing in this part shall prohibit the utilization of any grant funds to contract with a private organization to provide equipment or training for the televising of testimony as contemplated by the application submitted by an applicant.';
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents--
(A) in the item relating to section 1405 by striking `Allocation and distribution of funds under formula grants' and inserting `(Repealed)'; and
(B) in the item relating to section 1408 by striking