103D CONGRESS

1ST SESSION H. R. 3355

AMENDMENT
In the Senate of the United States,

November 19 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 3355) entitled ‘‘An Act to amend the Omnibus

Crime Control and Safe Streets Act of 1968 to allow grants

to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members

of the community to address crime and disorder problems,

and otherwise to enhance public safety’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Violent Crime Control

3 and Law Enforcement Act of 1993’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The following is the table of contents for this Act:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—PUBLIC SAFETY AND POLICING

Sec. 101. Short title.

Sec. 102. Findings and purposes.
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Sec. 103. Community policing; ‘‘Cops on the Beat’’.

TITLE II—DEATH PENALTY

Sec. 201. Short title.

Sec. 202. Constitutional procedures for the imposition of the sentence of death.

Sec. 203. Specific offenses for which death penalty is authorized.

Sec. 204. Applicability to Uniform Code of Military Justice.

Sec. 205. Death penalty for murder by a Federal prisoner.

Sec. 206. Death penalty for civil rights murders.

Sec. 207. Death penalty for the murder of Federal law enforcement officials.

Sec. 208. New offense for the indiscriminate use of weapons to further drug conspiracies.

Sec. 209. Foreign murder of United States nationals.

Sec. 210. Death penalty for rape and child molestation murders.

Sec. 211. Death penalty for sexual exploitation of children.

Sec. 212. Murder by escaped prisoners.

Sec. 213. Death penalty for gun murders during Federal crimes of violence and

drug trafficking crimes.

Sec. 214. Homicides and attempted homicides involving firearms in Federal facilities.

Sec. 215. Murder in course of alien smuggling.

TITLE III—FIREARMS

Subtitle A—Restraining Orders

Sec. 301. Persons subject to restraining orders.

Subtitle B—Licensure

Sec. 311. Firearms licensure and registration to require a photograph and fingerprints.

Sec. 312. Compliance with State and local law as a condition to license.

Sec. 313. Action on firearms license application.

Sec. 314. Inspection of firearms licensees’ inventory and records.

Sec. 315. Reports of theft or loss of firearms.

Sec. 316. Responses to requests for information.

Sec. 317. Notification of names and addresses of firearms licensees.

TITLE IV—GUN CRIME PENALTIES

Sec. 401. Enhanced penalty for use of a semiautomatic firearm during a crime

of violence or a drug trafficking crime.

Sec. 402. Enhanced penalty for second offense of using an explosive to commit a

felony.

Sec. 403. Smuggling firearms in aid of drug trafficking.

Sec. 404. Theft of firearms and explosives.

Sec. 405. Revocation of supervised release.

Sec. 406. Revocation of probation.

Sec. 407. Increased penalty for knowingly making false, material statement in

connection with the acquisition of a firearm from a licensed

dealer.

Sec. 408. Possession of explosives by felons and others.

Sec. 409. Summary destruction of explosives subject to forfeiture.

Sec. 410. Elimination of outmoded language relating to parole.
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Sec. 411. Prohibition against transactions involving stolen firearms which have

moved in interstate or foreign commerce.

Sec. 412. Using a firearm in the commission of counterfeiting or forgery.

Sec. 413. Enhanced penalties for firearms possession by violent felons and serious

drug offenders.

Sec. 414. Receipt of firearms by nonresident.

Sec. 415. Firearms and explosives conspiracy.

Sec. 416. Study of incendiary ammunition; report to Congress.

Sec. 417. Theft of firearms or explosives from licensee.

Sec. 418. Disposing of explosives to prohibited persons.

Sec. 419. Clarification of ‘‘burglary’’ under the armed career criminal statute.

Sec. 420. Increased penalty for interstate gun trafficking.

TITLE V—OBSTRUCTION OF JUSTICE

Sec. 501. Protection of court officers and jurors.

Sec. 502. Prohibition of retaliatory killings of witnesses, victims and informants.

Sec. 503. Protection of jurors and witnesses in capital cases.

Sec. 504. Death penalty for the murder of State officials assisting Federal law

enforcement officials.

Sec. 505. Death penalty for murder of Federal witnesses.

TITLE VI—GANGS, JUVENILES, DRUGS, AND PROSECUTORS

Sec. 601. Short title.

Subtitle A—Criminal Youth Gangs

Sec. 611. Criminal street gangs offenses.

Sec. 612. Crimes involving the use of minors as RICO predicates.

Sec. 613. Serious juvenile drug offenses as Armed Career Criminal Act predicates.

Sec. 614. Adult prosecution of serious juvenile offenders.

Sec. 615. Increased penalties for employing children to distribute drugs near

schools and playgrounds.

Sec. 616. Increased penalties for drug trafficking near public housing.

Sec. 617. Increased penalties for Travel Act crimes involving violence and conspiracy to commit contract killings.

Sec. 618. Amendments concerning records of crimes committed by juveniles.

Sec. 619. Addition of anti-gang Byrne Grant funding objective.

Subtitle B—Gang Prosecution

Sec. 621. Additional prosecutors.

Sec. 622. Gang investigation coordination and information collection.

Sec. 623. Continuation of Federal-State funding formula.

Sec. 624. Grants for multijurisdictional drug task forces.

Subtitle C—Grants Under the Juvenile Justice and Delinquency Prevention Act

of 1974

Sec. 631. Juvenile drug trafficking and gang prevention grants.

Sec. 632. Conforming repealer and amendments.

Sec. 633. Grants for youth development centers.

Subtitle D—Bindover System for Certain Violent Juveniles

Sec. 641. Bindover system.
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Subtitle E—Federal Prosecutions

Sec. 651. Prosecution as adults of violent juvenile offenders.

Subtitle F—Youth Handgun Safety

Sec. 661. Findings and declarations.

Sec. 662. Prohibition of the possession of a handgun or ammunition by, or the

private transfer of a handgun or ammunition to, a juvenile.

Sec. 663. Prohibition of the sale and transfer for consideration of a handgun or

handgun ammunition to a juvenile.

TITLE VII—TERRORISM

Subtitle A—Maritime Navigation and Fixed Platforms

Sec. 701. Offenses of violence against maritime navigation or fixed platforms.

Sec. 702. Technical amendment.

Sec. 703. Effective dates.

Subtitle B—General Provisions

Sec. 711. Weapons of mass destruction.

Sec. 712. Enhanced penalties for certain offenses.

Sec. 713. Territorial sea extending to twelve miles included in special maritime

and territorial jurisdiction.

Sec. 714. Assimilated crimes in extended territorial sea.

Sec. 715. Jurisdiction over crimes against United States nationals on certain foreign ships.

Sec. 716. Torture.

Sec. 717. Extension of the statute of limitations for certain terrorism offenses.

Sec. 718. FBI access to telephone subscriber information.

Sec. 719. Violence at airports serving international civil aviation.

Sec. 720. Preventing acts of terrorism against civilian aviation.

Sec. 721. Counterfeiting United States currency abroad.

Sec. 722. Economic terrorism task force.

Sec. 723. Terrorist Death Penalty Act.

Sec. 724. Sentencing guidelines increase for terrorist crimes.

Sec. 725. Alien witness cooperation.

Sec. 726. Providing material support to terrorists.

TITLE VIII—SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE

ELDERLY, AND INDIVIDUALS WITH DISABILITIES

Subtitle A—Sexual Abuse

Sec. 801. Sexual abuse amendments.

Subtitle B—Protection of Children, the Elderly, and Individuals With

Disabilities

Sec. 811. Short title.

Sec. 812. Purposes.

Sec. 813. Definitions.

Sec. 814. Reporting by the States.

Sec. 815. Background checks.

Sec. 816. Funding for improvement of child abuse crime information.
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Subtitle C—Crimes Against Children

Sec. 821. Short title.

Sec. 822. Establishment of program.

Sec. 823. State compliance.

Subtitle D—Child Pornography

Sec. 824. Penalties for international trafficking in child pornography.

Sec. 825. Sense of Congress concerning State legislation regarding child pornography.

Subtitle E—Rules of Evidence, Practice and Procedure

Sec. 831. Admissibility of evidence of similar crimes in sex offense cases.

Subtitle F—Sexually Violent Predators

Sec. 841. Short title.

Sec. 842. Findings.

Sec. 843. Definitions.

Sec. 844. Establishment of program.

TITLE IX—CRIME VICTIMS

Subtitle A—Victims’ Rights

Sec. 901. Victim’s right of allocution in sentencing.

Sec. 902. Mandatory restitution and other provisions.

Sec. 903. Sense of Congress concerning the right of a victim of a violent crime

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

any parole hearing.

Subtitle B—Crime Victims’ Fund

Sec. 911. Amounts of funds for costs and grants.

Sec. 912. Relationship of crime victim compensation to certain Federal programs.

Sec. 913. Administrative costs for crime victim compensation.

Sec. 914. Use of unspent 1402(d)(2) money.

Sec. 915. Grants for demonstration projects.

Sec. 916. Administrative costs for crime victim assistance.

Sec. 917. Maintenance of effort.

Subtitle C—Senior Citizens

Sec. 921. Short title.

Sec. 922. Findings.

Sec. 923. Purposes.

Sec. 924. National assessment and dissemination.

Sec. 925. Pilot programs.

Sec. 926. Training assistance, evaluation, and dissemination awards.

Sec. 927. Report.

Sec. 928. Authorization of appropriations.

TITLE X—STATE AND LOCAL LAW ENFORCEMENT

Subtitle A—DNA Identification

Sec. 1001. Short title.
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Sec. 1002. Funding to improve the quality and availability of DNA analyses for

law enforcement identification purposes.

Sec. 1003. Quality assurance and proficiency testing standards.

Sec. 1004. Index to facilitate law enforcement exchange of DNA identification information.

Sec. 1005. Federal Bureau of Investigation.

Sec. 1006. Authorization of appropriations.

Subtitle B—Department of Justice Community Substance Abuse Prevention

Sec. 1011. Short title.

Sec. 1012. Community partnerships.

Subtitle C—Racial and Ethnic Bias Study Grants

Sec. 1021. Study grants.

Subtitle D—Improved Training and Technical Automation

Sec. 1031. Improved training and technical automation.

TITLE XI—PROVISIONS RELATING TO POLICE OFFICERS

Subtitle A—Law Enforcement Family Support

Sec. 1101. Law enforcement family support.

Subtitle B—Police Pattern or Practice

Sec. 1111. Cause of action.

Sec. 1112. Data on use of excessive force.

Subtitle C—Police Corps and Law Enforcement Officers Training and

Education

CHAPTER 1—POLICE CORPS

Sec. 1121. Short title.

Sec. 1122. Purposes.

Sec. 1123. Definitions.

Sec. 1124. Establishment of Office of the Police Corps and Law Enforcement

Education.

Sec. 1125. Designation of lead agency and submission of State plan.

Sec. 1126. Scholarship assistance.

Sec. 1127. Selection of participants.

Sec. 1128. Police Corps training.

Sec. 1129. Service obligation.

Sec. 1130. State plan requirements.

Sec. 1131. Assistance to States and localities employing Police Corps officers.

Sec. 1132. Authorization of appropriations.

Sec. 1133. Reports to Congress.

CHAPTER 2—LAW ENFORCEMENT SCHOLARSHIP PROGRAM

Sec. 1141. Short title.

Sec. 1142. Definitions.

Sec. 1143. Allotment.

Sec. 1144. Establishment of program.

Sec. 1145. Scholarships.
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Sec. 1146. Eligibility.

Sec. 1147. State application.

Sec. 1148. Local application.

Sec. 1149. Scholarship agreement.

Sec. 1150. Authorization of appropriations.

TITLE XII—DRUG COURT PROGRAMS

Sec. 1201. Coordinated administration of programs.

Sec. 1202. Drug testing upon arrest.

Sec. 1203. Certainty of punishment for young offenders.

Sec. 1204. Residential substance abuse treatment for prisoners.

TITLE XIII—PRISONS

Subtitle A—Federal Prisons

Sec. 1301. Prisoner’s place of imprisonment.

Sec. 1302. Prison impact assessments.

Sec. 1303. Federal prisoner drug testing.

Sec. 1304. Drug treatment in Federal prisons.

Sec. 1305. Sentences to account for costs to the Government of imprisonment, release, and probation.

Subtitle B—State Prisons

Sec. 1321. Boot camps and prisons for violent drug offenders.

Sec. 1322. National Institute of Justice study.

Sec. 1323. Study and assessment of alcohol use and treatment.

Sec. 1324. Notification of release of prisoners.

Sec. 1325. Application to prisoners to which prior law applies.

Subtitle C—Grants Under the Juvenile Justice and Delinquency Prevention Act

of 1974.

Sec. 1331. Grants for community-based violent-juvenile facilities.

Subtitle D—Regional Prisons and State Prisons

Sec. 1341. Regional prisons for violent criminals and violent criminal aliens.

Subtitle E—Violent Crime Reduction Trust Fund.

Sec. 1351. Purposes.

Sec. 1352. Reduction of Federal full-time equivalent positions.

Sec. 1353. Creation of violent crime reduction trust fund.

Sec. 1354. Conforming reduction in discretionary spending limits.

TITLE XIV—RURAL CRIME

Subtitle A—Drug Trafficking in Rural Areas

Sec. 1401. Authorizations for rural law enforcement agencies.

Sec. 1402. Rural crime and drug enforcement task forces.

Sec. 1403. Cross-designation of Federal officers.

Sec. 1404. Rural drug enforcement training.

Sec. 1405. More agents for the drug enforcement administration.
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Subtitle B—Drug Free Truck Stops and Safety Rest Areas

Sec. 1411. Drug free truck stops and safety rest areas.

Subtitle C—Rural Domestic Violence and Child Abuse Enforcement

Sec. 1421. Rural domestic violence and child abuse enforcement assistance.

TITLE XV—DRUG CONTROL

Subtitle A—Increased Penalties

Sec. 1501. Enhancement of penalties for drug trafficking in prisons.

Sec. 1502. Closing of loophole for illegal importation of small drug quantities.

Sec. 1503. Penalties for drug dealing in public housing authority facilities.

Sec. 1504. Anabolic steroids penalties.

Sec. 1505. Increased penalties for drug-dealing in ‘‘drug-free’’ zones.

Sec. 1506. Enhanced penalties for illegal drug use in Federal prisons.

Subtitle B—Precursor Chemicals Act

Sec. 1511. Short title.

Sec. 1512. Definition amendments.

Sec. 1513. Registration requirements.

Sec. 1514. Reporting of listed chemical manufacturing.

Sec. 1515. Reports by brokers and traders; criminal penalties.

Sec. 1516. Exemption authority; additional penalties.

Sec. 1517. Amendments to list I.

Sec. 1518. Elimination of regular supplier status and creation of regular importer status.

Sec. 1519. Administrative inspections and authority.

Sec. 1520. Threshold amounts.

Sec. 1521. Management of listed chemicals.

Sec. 1522. Forfeiture expansion.

Sec. 1523. Regulations and effective date.

Subtitle C—General Provisions

Sec. 1531. Clarification of narcotic or other dangerous drugs under RICO.

Sec. 1532. Conforming amendments to recidivist penalty provisions of the Controlled Substances Act and the Controlled Substances Import and

Export Act.

Sec. 1533. Program to provide public awareness of the provision of Public Law

101–516 that conditions portions of a State’s Federal highway

funding on the State’s enactment of legislation requiring the revocation of the driver’s licenses of convicted drug abusers.

Sec. 1534. Advertising.

Sec. 1535. National drug control strategy.

Sec. 1536. Notification of law enforcement officers of discoveries of controlled substances or large sums of cash in excess of $10,000 in weapon

screening.

Sec. 1537. Drug paraphernalia amendment.

TITLE XVI—DRUNK DRIVING PROVISIONS

Sec. 1601. Short title.

Sec. 1602. State laws applied in areas of Federal jurisdiction.

Sec. 1603. Sense of Congress concerning child custody and visitation rights.
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TITLE XVII—COMMISSIONS

Subtitle A—Commission on Crime and Violence

Sec. 1701. Establishment of Commission on Crime and Violence.

Sec. 1702. Purpose.

Sec. 1703. Responsibilities of the Commission.

Subtitle B—National Commission to Study the Causes of the Demand for

Drugs in the United States

Sec. 1711. Short title.

Sec. 1712. Establishment.

Sec. 1713. Duties.

Sec. 1714. Membership.

Sec. 1715. Staff and support services.

Sec. 1716. Powers of Commission.

Sec. 1717. Reports.

Sec. 1718. Termination.

Subtitle C—National Commission to Support Law Enforcement

Sec. 1721. Short title.

Sec. 1722. Congressional findings.

Sec. 1723. Establishment.

Sec. 1724. Duties.

Sec. 1725. Membership.

Sec. 1726. Experts and consultants.

Sec. 1727. Powers of Commission.

Sec. 1728. Report.

Sec. 1729. Termination.

Sec. 1730. Repeals.

Subtitle D—Presidential Summit on Violence

Sec. 1731. Congressional findings.

Sec. 1732. Presidential summit on violence

Subtitle E—Commission on Violence in Schools

Sec. 1741. Establishment schools.

Sec. 1742. Purposes.

Sec. 1743. Duties.

Sec. 1744. Membership.

Sec. 1745. Staff and support services.

Sec. 1746. Powers of Commission.

Sec. 1747. Reports.

Sec. 1748. Termination.

Sec. 1749. Authorization of appropriations.

TITLE XVIII—BAIL POSTING REPORTING

Sec. 1801. Short title.

Sec. 1802. Required reporting by criminal court clerks.

TITLE XIX—MOTOR VEHICLE THEFT PREVENTION

Sec. 1901. Short title.
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Sec. 1902. Motor vehicle theft prevention program.

Sec. 1903. Altering or removing motor vehicle identification numbers.

TITLE XX—PROTECTIONS FOR THE ELDERLY

Sec. 2001. Missing Alzheimer’s disease patient alert program.

Sec. 2002. Crimes against the elderly.

TITLE XXI—CONSUMER PROTECTION

Sec. 2101. Crimes by or affecting persons engaged in the business of insurance

whose activities affect interstate commerce.

Sec. 2102. Consumer Protection Against Credit Card Fraud Act of 1993.

Sec. 2103. Mail fraud.

TITLE XXII—FINANCIAL INSTITUTION FRAUD PROSECUTIONS

Sec. 2201. Short title.

Sec. 2202. Federal Deposit Insurance Act amendment.

Sec. 2203. Federal Credit Union Act amendments.

Sec. 2204. Crime Control Act amendment.

TITLE XXIII—SAVINGS AND LOAN PROSECUTION TASK FORCE

Sec. 2301. Savings and loan prosecution task force.

TITLE XXIV—SENTENCING PROVISIONS

Sec. 2401. Imposition of sentence.

Sec. 2402. Technical amendment to mandatory conditions of probation.

Sec. 2403. Supervised release after imprisonment.

Sec. 2404. Flexibility in application of mandatory minimum sentence provisions

in certain circumstances.

Sec. 2405. Mandatory prison terms for use, possession, or carrying of a firearm

or destructive device during a State crime of violence or State

drug trafficking crime.

Sec. 2406. Murder involving firearm.

Sec. 2407. Mandatory minimum prison sentences for those who sell illegal drugs

to minors or who use minors in drug trafficking activities.

Sec. 2408. Life imprisonment without release for drug felons and violent criminals convicted a third time.

Sec. 2409. Direction to United States Sentencing Commission regarding sentencing enhancements for hate crimes.

Sec. 2410. Confirmation of intent of Congress in enacting sections 2252 and 2256

of title 18, United States Code.

TITLE XXV—SENTENCING AND MAGISTRATES AMENDMENTS

Sec. 2501. Authorization of probation for petty offenses in certain cases.

Sec. 2502. Trial by a magistrate in petty offense cases.

TITLE XXVI—COMPUTER CRIME

Sec. 2601. Computer Abuse Amendments Act of 1993.

TITLE XXVII—INTERNATIONAL PARENTAL KIDNAPPING

Sec. 2701. Short title.

Sec. 2702. Title 18 amendment.
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Sec. 2703. State court programs regarding interstate and international parental

child abduction.

TITLE XXVIII—SAFE SCHOOLS

Sec. 2801. Short title.

Sec. 2802. Safe schools.

Sec. 2803. State leadership activities to promote safe schools program.

TITLE XXIX—MISCELLANEOUS

Subtitle A—Increases in Penalties

Sec. 2901. Increased penalties for assault.

Sec. 2902. Increased penalties for manslaughter.

Sec. 2903. Increased penalties for civil rights violations.

Sec. 2904. Penalties for trafficking in counterfeit goods and services.

Sec. 2905. Increased penalty for conspiracy to commit murder for hire.

Sec. 2906. Increased penalties for travel act violations.

Sec. 2907. Increased penalties for arson.

Subtitle B—Extension of Protection of Civil Rights Statutes

Sec. 2911. Extension of protection of civil rights statutes.

Subtitle C—Audit and Report

Sec. 2921. Audit requirement for State and local law enforcement agencies receiving Federal asset forfeiture funds.

Sec. 2922. Report to Congress on administrative and contracting expenses.

Subtitle D—Gambling

Sec. 2931. Criminal history record information for the enforcement of laws relating to gaming.

Sec. 2932. Clarifying amendment regarding scope of prohibition against gambling on ships in international waters.

Subtitle E—White Collar Crime Amendments

Sec. 2941. Receiving the proceeds of extortion or kidnapping.

Sec. 2942. Receiving the proceeds of a postal robbery.

Sec. 2943. Conforming addition to obstruction of civil investigative demand statute.

Sec. 2944. Conforming addition of predicate offenses to financial institutions rewards statute.

Sec. 2945. Definition of savings and loan association in bank robbery statute.

Sec. 2946. Conforming definition of ‘‘1-year period’’ in 18 U.S.C. 1516.

Subtitle F—Safer Streets and Neighborhoods

Sec. 2951. Short title.

Sec. 2952. Limitation on grant distribution.

Subtitle G—Other Provisions

Sec. 2961. Optional venue for espionage and related offenses.

Sec. 2962. Undercover operations.

Sec. 2963. Undercover operations—churning.
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Sec. 2964. Report on battered women’s syndrome.

Sec. 2965. Wiretaps.

Sec. 2966. Theft of major artwork.

Sec. 2967. Balance in the criminal justice system.

Sec. 2968. Misuse of initials ‘‘DEA’’.

Sec. 2969. Addition of attempted robbery, kidnapping, smuggling, and property

damage offenses to eliminate inconsistencies and gaps in coverage.

Sec. 2970. Definition of livestock.

Sec. 2971. Extension of statute of limitations for arson.

Sec. 2972. Gun-free school zones.

TITLE XXX—TECHNICAL CORRECTIONS

Sec. 3001. Amendments relating to Federal financial assistance for law enforcement.

Sec. 3002. General title 18 corrections.

Sec. 3003. Corrections of erroneous cross references and misdesignations.

Sec. 3004. Repeal of obsolete provisions in title 18.

Sec. 3005. Correction of drafting error in the Foreign Corrupt Practices Act.

Sec. 3006. Elimination of redundant penalty provision in 18 U.S.C. 1116.

Sec. 3007. Elimination of redundant penalty.

Sec. 3008. Corrections of misspellings and grammatical errors.

Sec. 3009. Other technical amendments.

Sec. 3010. Corrections of errors found during codification.

Sec. 3011. Problems related to execution of prior amendments.

Sec. 3012. Amendments to section 1956 of title 18 to eliminate duplicate predicate crimes.

Sec. 3013. Amendments to part V of title 18.

TITLE XXXI—DRIVER’S PRIVACY PROTECTION ACT

Sec. 3101. Short title; purpose.

Sec. 3102. Amendment to title 18, United States Code.

Sec. 3103. Effective date.

TITLE XXXII—VIOLENCE AGAINST WOMEN; SAFE STREETS FOR

WOMEN

Sec. 3201. Violence against women; short title.

Sec. 3202. Safe streets for women; short title.

Subtitle A—Federal Penalties for Sex Crimes

Sec. 3211. Repeat offenders.

Sec. 3212. Federal penalties.

Sec. 3213. Mandatory restitution for sex crimes.

Sec. 3214. Authorization for Federal victim’s counselors.

Subtitle B—Law Enforcement and Prosecution Grants to Reduce Violent

Crimes Against Women

Sec. 3221. Grants to combat violent crimes against women.

Subtitle C—Safety for Women in Public Transit and Public Parks

Sec. 3231. Grants for capital improvements to prevent crime in public transportation.
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Sec. 3232. Grants for capital improvements to prevent crime in national parks.

Sec. 3233. Grants for capital improvements to prevent crime in public parks.

Subtitle D—National Commission on Violence Against Women

Sec. 3241. Establishment.

Sec. 3242. General purposes of Commission.

Sec. 3243. Membership.

Sec. 3244. Commission operations.

Sec. 3245. Reports.

Sec. 3246. Executive director and staff.

Sec. 3247. Powers of Commission.

Sec. 3248. Authorization of appropriations.

Sec. 3249. Termination.

Subtitle E—New Evidentiary Rules

Sec. 3251. Sexual history in all criminal cases.

Sec. 3252. Sexual history in civil cases.

Sec. 3253. Amendments to rape shield law.

Sec. 3254. Evidence of clothing.

Subtitle F—Assistance to Victims of Sexual Assault

Sec. 3261. Education and prevention grants to reduce sexual assaults against

women.

Sec. 3262. Rape exam payments.

Sec. 3263. Education and prevention grants to reduce sexual abuse of female runaway, homeless, and street youth.

Sec. 3264. Victim’s right of allocution in sentencing.

TITLE XXXIII—SAFE HOMES FOR WOMEN

Sec. 3301. Short title.

Subtitle A—Family Violence Prevention and Services Act Amendments

Sec. 3311. Grant for a national domestic violence hotline.

Subtitle B—Interstate Enforcement

Sec. 3321. Interstate enforcement.

Subtitle C—Arrest in Spousal Abuse Cases

Sec. 3331. Encouraging arrest policies.

Subtitle D—Domestic Violence, Family Support, and Shelter Grants

Sec. 3341. Domestic violence and family support grant program.

Subtitle E—Family Violence Prevention and Services Act Amendments

Sec. 3351. Grantee reporting.

Subtitle F—Youth Education and Domestic Violence

Sec. 3361. Educating youth about domestic violence.
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Subtitle G—Confidentiality for Abused Persons

Sec. 3371. Confidentiality of abused person’s address.

Subtitle H—Technical Amendments

Sec. 3381. Definitions.

Sec. 3382. Special issue resource centers.

Sec. 3383. State domestic violence coalitions.

Subtitle I—Data and Research

Sec. 3391. Research agenda.

Sec. 3392. State databases.

Sec. 3393. Number and cost of injuries.

TITLE XXXIV—CIVIL RIGHTS

Sec. 3401. Short title.

Sec. 3402. Civil rights.

Sec. 3403. Attorney’s fees.

Sec. 3404. Sense of the Senate concerning protection of the privacy of rape victims.

TITLE XXXV—SAFE CAMPUSES FOR WOMEN

Sec. 3501. Authorization of appropriations.

TITLE XXXVI—EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT

Sec. 3601. Short title.

Subtitle A—Education and Training for Judges and Court Personnel in State

Courts

Sec. 3611. Grants authorized.

Sec. 3612. Training provided by grants.

Sec. 3613. Cooperation in developing programs in making grants under this title.

Sec. 3614. Authorization of appropriations.

Subtitle B—Education and Training for Judges and Court Personnel in

Federal Courts

Sec. 3621. Authorizations of circuit studies; education and training grants.

Sec. 3622. Authorization of appropriations.

TITLE XXXVII—VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS

Sec. 3701. Pre-trial detention in sex offense cases.

Sec. 3702. Increased penalties for sex offenses against victims below the age of

16.

Sec. 3703. Payment of cost of HIV testing.

Sec. 3704. Extension and strengthening of restitution.

Sec. 3705. Enforcement of restitution orders through suspension of Federal benefits.

Sec. 3706. Inadmissibility of evidence to show provocation or invitation by victim

in sex offense cases.

Sec. 3707. National baseline study on campus sexual assault.

Sec. 3708. Report on battered women’s syndrome.
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Sec. 3709. Report on confidentiality of addresses for victims of domestic violence.

Sec. 3710. Report on recordkeeping relating to domestic violence.

Sec. 3711. Report on fair treatment in legal proceedings.

Sec. 3712. Report on Federal rule of evidence 404.

Sec. 3713. Supplementary grants for States adopting effective laws relating to

sexual violence.

TITLE XXXVIII—ENHANCED PENALTIES FOR ANTI-FRAUD

ENFORCEMENT EFFORTS

Sec. 3801. Short title.

Subtitle A—Amendments to Criminal Law

Sec. 3811. Health care fraud.

Sec. 3812. Forfeitures for Federal health care offenses.

Sec. 3813. Injunctive relief relating to Federal health care offenses.

Sec. 3814. Racketeering activity relating to Federal health care offenses.

Subtitle B—Amendments to Civil False Claims Act

Sec. 3821. Amendments to Civil False Claims Act.

TITLE XXXIX—SENIOR CITIZENS AGAINST MARKETING SCAMS

Sec. 3901. Short title.

Sec. 3902. Findings and declaration.

Sec. 3903. Enhanced penalties for telemarketing fraud.

Sec. 3904. Forfeiture of fraud proceeds.

Sec. 3905. Increased penalties for fraud against older victims.

Sec. 3906. Rewards for information leading to prosecution and conviction.

Sec. 3907. Authorization of appropriations.

Sec. 3908. Broadening application of mail fraud statute.

Sec. 3909. Fraud and related activity in connection with access devices.

Sec. 3910. Information network.

TITLE XL—CHILD SAFETY

Sec. 4001. Short title.

Sec. 4002. Findings.

Sec. 4003. Purpose.

Sec. 4004. Demonstration grants for supervised visitation centers.

Sec. 4005. Demonstration grant application.

Sec. 4006. Evaluation of demonstration projects.

Sec. 4007. Special grants to study the effect of supervised visitation on sexually

abused or severely physically abused children.

Sec. 4008. Reporting.

Sec. 4009. Authorization of appropriations.

TITLE XLI—FAMILY UNITY DEMONSTRATION PROJECT

Subtitle A—Family Unity Demonstration Project

Sec. 4101. Short title.

Sec. 4102. Findings and purposes.

Sec. 4103. Definitions.

Sec. 4104. Authorization of appropriations.
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Subtitle B—Grants to States

Sec. 4111. Authority to make grants.

Sec. 4112. Eligibility to receive grants.

Sec. 4113. Report.

Subtitle C—Family Unity Demonstration Project for Federal Prisoners

Sec. 4121. Authority of the Attorney General.

Sec. 4122. Requirements.

TITLE XLII—DOMESTIC VIOLENCE

Sec. 4201. Short title.

Sec. 4202. Findings.

Sec. 4203. Prohibition against disposal of firearms to, or receipt of firearms by,

persons who have committed domestic abuse.

TITLE XLIII—MISSING AND EXPLOITED CHILDREN

Sec. 4301. Short title.

Sec. 4302. Findings.

Sec. 4303. Purpose.

Sec. 4304. Establishment of task force.

TITLE XLIV—PUBLIC CORRUPTION

Sec. 4401. Short title.

Sec. 4402. Public corruption.

Sec. 4403. Interstate commerce.

Sec. 4404. Narcotics-related public corruption.

TITLE XLV—SEMIAUTOMATIC ASSAULT WEAPONS

Sec. 4501. Short title.

Sec. 4502. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.

Sec. 4503. Exemption for firearms lawfully possessed prior to date of enactment.

Sec. 4504. Exemption for certain hunting and sporting firearms.

Sec. 4505. Exemptions for governmental and experimental use.

Sec. 4506. Recordkeeping requirements and related restrictions.

Sec. 4507. Ban of large capacity ammunition feeding devices.

Sec. 4508. Study by Attorney General.

Sec. 4509. Effective date.

Sec. 4510. Appendix A to section 922 of title 18.

TITLE XLVI—RECREATIONAL HUNTING SAFETY

Sec. 4601. Short title.

Sec. 4602. Findings.

Sec. 4603. Definitions.

Sec. 4604. Obstruction of a lawful hunt.

Sec. 4605. Civil penalties.

Sec. 4606. Other relief.

Sec. 4607. Relationship to State and local law and civil actions.

Sec. 4608. Regulations.
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TITLE XLVII—CORRECTIONAL JOB TRAINING AND PLACEMENT

Sec. 4701. Short title.

Sec. 4702. Correctional job training and placement.

TITLE XLVIII—POLICE PARTNERSHIPS FOR CHILDREN

Sec. 4801. Short title.

Sec. 4802. Findings.

Sec. 4803. Purposes.

Sec. 4804. Definitions.

Sec. 4805. Grants authorized.

Sec. 4806. Applications.

Sec. 4807. Training and technical assistance.

Sec. 4808. Evaluation and reports.

Sec. 4809. Authorization of appropriations.

TITLE XLVIX—NATIONAL COMMUNITY ECONOMIC PARETNERSHIP

Sec. 4901. Short title.

Subtitle A—Community Economic Partnership Investment Funds

Sec. 4911. Purpose.

Sec. 4912. Provision of assistance.

Sec. 4913. Approval of applications.

Sec. 4914. Availability of lines of credit and use.

Sec. 4915. Limitations on use of funds.

Sec. 4916. Program priority for special emphasis programs.

Subtitle B—Emerging Community Development Corporations

Sec. 4921. Community Development Corporation improvement grants.

Sec. 4922. Emerging Community Development Corporation revolving loan funds.

Subtitle C—Miscellaneous Provisions

Sec. 4931. Definitions.

Sec. 4932. Authorization of appropriations.

Sec. 4933. .Prohibition.

TITLE L—DEPORTATION OF ALIENS CONVICTED OF CRIMES

Sec. 5001. Expansion of definition of aggravated felony.

Sec. 5002. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 5003. Judicial deportation.

Sec. 5004. Restricting defenses to deportation for certain criminal aliens.

Sec. 5005. Enhancing penalties for failing to depart, or reentering, after final

order of deportation.

Sec. 5006. Miscellaneous and technical changes.

Sec. 5007. Criminal alien tracking center.

TITLE LI—GENERAL PROVISIONS

Sec. 5101. Crediting of ‘‘good time’’.

Sec. 5102. Prohibition on payment of Federal benefits to illegal aliens.

Sec. 5103. Civil Rights of Institutionalized Persons Act

Sec. 5104. Awards of attorney’s fees.
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Sec. 5105. Task force and criminal penalties relating to the introduction of

nonindigenous species.

Sec. 5106. Sense of the Senate regarding the role of the United Nations in international organized crime control.

Sec. 5107. Task force on prison construction standardization and techniques.

Sec. 5108. Report on success of Royal Hong Kong Police recruitment.

Sec. 5109. Interstate wagering.

Sec. 5110. Removal of alien terrorists.

Sec. 5111. Mandatory life imprisonment of persons convicted of a third violent

felony.

Sec. 5112. Efficiency in law enforcement and corrections.

Sec. 5113. Restriction on payment of benefits to individuals confined by court

order to public institutions pursuant to verdicts of not guilty by

reason of insanity or other mental disorder.

Sec. 5114. Definition.

Sec. 5115. Driving while intoxicated prosecution program.

Sec. 5116. Parental accountability.

Sec. 5117. Protection of recipients in counterterrorism rewards program.

Sec. 5118. Violent crime and drug emergency areas.

Sec. 5119. State and local cooperation with the United States Immigration and

Naturalization Service.

Sec. 5120. Amendments to the Department of Education Organization Act and

the National Literacy Act of 1991.

Sec. 5121. Prevention, diagnosis, and treatment of tuberculosis in correctional institutions.

Sec. 5122. Establishment of community programs on domestic violence.

Sec. 5123. Hate Crimes Statistics Act.

Sec. 5124. Penalties for document fraud.

Sec. 5125. Use of antiloitering laws to fight crime.

Sec. 5126. Victims of child abuse programs.

Sec. 5127. Law Day U.S.A.

Sec. 5128. Treatment of Indian tribes under title I of the Omnibus Crime Control

and Safe Streets Act of 1968.

Sec. 5129. Agreement to assist in locating missing children under the Parent Locator Service.

Sec. 5130. Solicitation of minor to commit crime.

Sec. 5131. Asylum.

Sec. 5132. Federal Judiciary.

Sec. 5133. Control and prevention of crime in Indian country.

Sec. 5134. Civil statute of limitations for tort actions brought by the RTC.

Sec. 5135. Awards of Pell Grants to prisoners prohibited.

Sec. 5136. Transfer of certain alien criminals to Federal facilities.

Sec. 5137. Federal assistance to ease the increased burdens on State court systems

resulting from enactment of this Act.

Sec. 5138. To improve Federal and State automated fingerprint systems to identify more criminal suspects.

Sec. 5139. Appropriate remedies for prison overcrowding.

Sec. 5140. Establishment of community programs on domestic violence.

Sec. 5141. Sense of the Senate.

Sec. 5142. Child-centered activities.

Sec. 5143. Olympic youth development centers.

Sec. 5144. Authority to release certain confidential information relating to aliens.

Sec. 5145. Children and youth utilizing Federal land.

Sec. 5146. Bankruptcy fraud.

Sec. 5147. Handguns in schools.
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Sec. 5148. Sense of the Senate regarding a study on out-of-wedlock births.

Sec. 5149. Congressional approval of any expansion at Lorton and congressional

hearings on future needs.

Sec. 5150. National Narcotics Leadership Act.

Sec. 5151. Supreme Court marshals and police.

Sec. 5152. Extension of full-time status of members of the United States Sentencing Commission.

Sec. 5153. Sense of the Senate that able-bodied convicted felons in the Federal

prison system work.

Sec. 5154. First time domestic violence offender rehabilitation program.

Sec. 5155. Asset forfeiture.

Sec. 5156. Clarification of definition of a ‘‘Court of the United States’’ to include

the District Courts for Guam, the Northern Mariana Islands,

and the Virgin Islands.

Sec. 5157. Extradition.

Sec. 5158. Expedited deportation for denied asylum applicants.

Sec. 5159. Improving border controls.

Sec. 5160. Expanded special deportation proceedings.

Sec. 5161. Construction of INS service processing centers to detain criminal

aliens.

Sec. 5162. Assistant United States attorney residency.

Sec. 5163. Gang resistance education and training projects.

Sec. 5164. Law enforcement personnel.

Sec. 5165. Review by the Attorney General of Federal prison capacity and construction and operational standards for State and local corrections facilities.

Sec. 5166. Coordination of substance abuse treatment and prevention programs.

Sec. 5167. Juvenile anti-drug and anti-gang grants in federally assisted low-income housing.

Sec. 5168. Definitions.

1 TITLE I—PUBLIC SAFETY AND

2 POLICING

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Public Safety Partner5 ship and Community Policing Act of 1993’’.

6 SEC. 102. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) according to data compiled by the Federal

9 Bureau of Investigation, in 1961, there was approxi10 mately 1 reported violent crime per city police officer,

11 but while from 1961 to 1991 there was no substantial
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1 increase in United States cities’ police employment

2 rate, during the same period the number of reported

3 violent crimes per city police officer rose to approxi4 mately 4.6 per officer;

5 (2) National Crime Survey figures indicate that

6 nearly 5,000,000 households in the United States had

7 at least 1 member who had been a victim of violent

8 crime during 1991;

9 (3) these victims of violence experienced more

10 than 6,400,000 crimes of which about one-half were

11 reported to law enforcement authorities;

12 (4) community-oriented policing (‘‘cops on the

13 beat’’) enhances communication and cooperation be14 tween law enforcement and members of the commu15 nity;

16 (5) such communication and cooperation between

17 law enforcement and members of the community sig18 nificantly assists in preventing and controlling crime

19 and violence, thus enhancing public safety; and

20 (6) while increasing and maintaining police re21 sources and presence in the community are the long22 term responsibility of State and local governments,

23 State and local law enforcement agencies are in need

24 of immediate assistance to begin the process of rehir25 ing officers who have been laid off for budgetary rea-
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1 sons and hiring new, additional officers to assist in

2 the implementation of community-oriented policing.

3 (b) PURPOSES.—The purposes of this title are to—

4 (1) substantially increase the number of law en5 forcement officers interacting directly with members

6 of the community (‘‘cops on the beat’’);

7 (2) provide additional and more effective train8 ing to law enforcement officers to enhance their prob9 lem solving, service, and other skills needed in inter10 acting with members of the community;

11 (3) encourage the development and implementa12 tion of innovative programs to permit members of the

13 community to assist State and local law enforcement

14 agencies in the prevention of crime in the community;

15 and

16 (4) encourage the development of new tech17 nologies to assist State and local law enforcement

18 agencies in reorienting the emphasis of their activities

19 from reacting to crime to preventing crime,

20 by establishing a program of grants and assistance in fur21 therance of these objectives, including the authorization for

22 a period of 6 years of grants for the hiring and rehiring

23 of additional career law enforcement officers.
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1 SEC. 103. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

2 (a) IN GENERAL.—Title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

4 is amended—

5 (1) by redesignating part Q as part R;

6 (2) by redesignating section 1701 as section

7 1801; and

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

9 part:

10 ‘‘PART Q—PUBLIC SAFETY AND CITY POLICING;

11 ‘COPS ON THE BEAT’

12 ‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COM13 MUNITY POLICING GRANTS.

14 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

15 may make grants to units of State and local government,

16 and to other public and private entities, to increase police

17 presence, to expand and improve cooperative efforts between

18 law enforcement agencies and members of the community

19 to address crime and disorder problems, and otherwise to

20 enhance public safety.

21 ‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—

22 Grants made under subsection (a) may be used for pro23 grams, projects, and other activities to—

24 ‘‘(1) rehire law enforcement officers who have

25 been laid off as a result of State and local budget re-
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1 ductions for deployment in community-oriented polic2 ing; and
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1 ‘‘(2) hire new, additional career law enforcement

2 officers for deployment in community-oriented polic3 ing across the Nation.

4 ‘‘(c) TROOPS-TO-COPS PROGRAMS.—(1) Grants made

5 under subsection (a) may be used to hire former members

6 of the Armed Forces to serve as career law enforcement offi7 cers for deployment in community-oriented policing, par8 ticularly in communities that are adversely affected by a

9 recent military base closing.

10 ‘‘(2) In this subsection, ‘former member of the Armed

11 Forces’ means a member of the Armed Forces of the United

12 States who is involuntarily separated from the Armed

13 Forces within the meaning of section 1141 of title 10, Unit14 ed States Code.

15 ‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made

16 under subsection (a) may include programs, projects, and

17 other activities to—

18 ‘‘(1) increase the number of law enforcement offi19 cers involved in activities that are focused on inter20 action with members of the community on proactive

21 crime control and prevention by redeploying officers

22 to such activities;

23 ‘‘(2) provide specialized training to law enforce24 ment officers to enhance their conflict resolution, me25 diation, problem solving, service, and other skills
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1 needed to work in partnership with members of the

2 community;

3 ‘‘(3) increase police participation in multidisci4 plinary early intervention teams;

5 ‘‘(4) develop new technologies to assist State and

6 local law enforcement agencies in reorienting the em7 phasis of their activities from reacting to crime to

8 preventing crime;

9 ‘‘(5) develop and implement innovative programs

10 to permit members of the community to assist State

11 and local law enforcement agencies in the prevention

12 of crime in the community, such as a citizens police

13 academy, including programs designed to increase the

14 level of access to the criminal justice system enjoyed

15 by victims, witnesses, and ordinary citizens by estab16 lishing decentralized satellite offices (including video

17 facilities) of principal criminal courts buildings;

18 ‘‘(6) establish innovative programs to reduce,

19 and keep to a minimum, the amount of time that law

20 enforcement officers must be away from the commu21 nity while awaiting court appearances;

22 ‘‘(7) establish and implement innovative pro23 grams to increase and enhance proactive crime con24 trol and prevention programs involving law enforce-
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1 ment officers and young persons in the community;

2 and

3 ‘‘(8) develop and establish new administrative

4 and managerial systems to facilitate the adoption of

5 community-oriented policing as an organization-wide

6 philosophy.

7 ‘‘(e) PREFERENTIAL CONSIDERATION OF APPLICA8 TIONS FOR CERTAIN GRANTS.—In awarding grants under

9 this part, the Attorney General shall give preferential con10 sideration, where feasible, to applications for hiring and re11 hiring additional career law enforcement officers that in12 volve—

13 (1) a non-Federal contribution exceeding the 25

14 percent minimum under subsection (i); and

15 (2) hiring former members of the Armed Forces

16 to serve as career law enforcement officers under sub17 section (c).

18 ‘‘(f) TECHNICAL ASSISTANCE.—(1) The Attorney Gen19 eral may provide technical assistance to units of State and

20 local government, and to other public and private entities,

21 in furtherance of the purposes of the Public Safety Partner22 ship and Community Policing Act of 1993.

23 ‘‘(2) The technical assistance provided by the Attorney

24 General may include the development of a flexible model

25 that will define for State and local governments, and other
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1 public and private entities, definitions and strategies asso2 ciated with community or problem-oriented policing and

3 methodologies for its implementation.

4 ‘‘(3) The technical assistance provided by the Attorney

5 General may include the establishment and operation of

6 training centers or facilities, either directly or by contract7 ing or cooperative arrangements. The functions of the cen8 ters or facilities established under this paragraph may in9 clude instruction and seminars for police executives, man10 agers, trainers and supervisors concerning community or

11 problem-oriented policing and improvements in police-com12 munity interaction and cooperation that further the pur13 poses of the Public Safety Partnership and Community Po14 licing Act of 1993.

15 ‘‘(g) UTILIZATION OF COMPONENTS.—The Attorney

16 General may utilize any component or components of the

17 Department of Justice in carrying out this part.

18 ‘‘(h) MINIMUM AMOUNT.—Each qualifying State, to19 gether with grantees within the State, shall receive in each

20 fiscal year pursuant to subsection (a) not less than 0.6 per21 cent of the total amount appropriated in the fiscal year for

22 grants pursuant to that subsection. In this subsection,

23 ‘qualifying State’ means any State which has submitted an

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

25 submitted an application for a grant, which meets the re-
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1 quirements prescribed by the Attorney General and the con2 ditions set out in this part.

3 ‘‘(i) MATCHING FUNDS.—The portion of the costs of

4 a program, project, or activity provided by a grant under

5 subsection (a) may not exceed 75 percent, unless the Attor6 ney General waives, wholly or in part, the requirement

7 under this subsection of a non-Federal contribution to the

8 costs of a program, project, or activity. In relation to a

9 grant for a period exceeding 1 year for hiring or rehiring

10 career law enforcement officers, the Federal share shall de11 crease from year to year for up to 5 years, looking toward

12 the continuation of the increased hiring level using State

13 or local sources of funding following the conclusion of Fed14 eral support, as provided in an approved plan pursuant

15 to section 1702(c)(8).

16 ‘‘(j) ALLOCATION OF FUNDS.—The funds available

17 under this part shall be allocated as provided in section

18 1001(a)(11)(B).

19 ‘‘(k) TERMINATION OF GRANTS FOR HIRING OFFI20 CERS.—The authority under subsection (a) of this section

21 to make grants for the hiring and rehiring of additional

22 career law enforcement officers shall lapse at the conclusion

23 of 6 years from the date of enactment of this part. Prior

24 to the expiration of this grant authority, the Attorney Gen25 eral shall submit a report to Congress concerning the experi-
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1 ence with and effects of such grants. The report may include

2 any recommendations the Attorney General may have for

3 amendments to this part and related provisions of law in

4 light of the termination of the authority to make grants for

5 the hiring and rehiring of additional career law enforce6 ment officers.

7 ‘‘SEC. 1702. APPLICATIONS.

8 ‘‘(a) IN GENERAL.—No grant may be made under this

9 part unless an application has been submitted to, and ap10 proved by, the Attorney General.

11 ‘‘(b) APPLICATION.—An application for a grant under

12 this part shall be submitted in such form, and contain such

13 information, as the Attorney General may prescribe by reg14 ulation or guidelines.

15 ‘‘(c) CONTENTS.—In accordance with the regulations

16 or guidelines established by the Attorney General, each ap17 plication for a grant under this part shall—

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

19 implementation plan that reflects consultation with

20 community groups and appropriate private and pub21 lic agencies and reflects consideration of the statewide

22 strategy under section 503(a)(1);

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

24 ‘‘(3) explain the locality’s inability to address

25 the need without Federal assistance;
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1 ‘‘(4) identify related governmental and commu2 nity initiatives which complement or will be coordi3 nated with the proposal;

4 ‘‘(5) certify that there has been appropriate co5 ordination with all affected agencies;

6 ‘‘(6) outline the initial and ongoing level of com7 munity support for implementing the proposal in8 cluding financial and in-kind contributions or other

9 tangible commitments;

10 ‘‘(7) specify plans for obtaining necessary sup11 port and continuing the proposed program, project, or

12 activity following the conclusion of Federal support;

13 and

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

15 or rehiring additional career law enforcement offi16 cers—

17 ‘‘(A) specify plans for the assumption by

18 the grantee of a progressively larger share of the

19 cost in the course of time, looking toward the

20 continuation of the increased hiring level using

21 State or local sources of funding following the

22 conclusion of Federal support;

23 ‘‘(B) assess the impact, if any, of the in24 crease in police resources on other components of

25 the criminal justice system; and
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1 ‘‘(C) explain how the grant will be utilized

2 to reorient the affected law enforcement agency’s

3 mission toward community-oriented policing or

4 enhance its involvement in or commitment to

5 community-oriented policing.

6 ‘‘SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.

7 ‘‘(a) IN GENERAL.—Except as provided in subsection

8 (c) or (d), an applicant for a grant under this part shall

9 submit an application to the State office designated under

10 section 507 in the State in which the applicant is located

11 for initial review.

12 ‘‘(b) INITIAL REVIEW OF APPLICATION.—(1) The State

13 office referred to in subsection (a) shall review applications

14 for grants under this part submitted to it, based upon cri15 teria specified by the Attorney General by regulation or

16 guidelines.

17 ‘‘(2) Upon completion of the reviews required by para18 graph (1), the State office referred to in subsection (a) shall

19 determine which, if any, of the applications for grants

20 under this part are most likely to be successful in achieving

21 the purposes of the Public Safety Partnership and Commu22 nity Policing Act of 1993.

23 ‘‘(3)(A) The State office referred to in subsection (a)

24 shall list the applications for grants under this part in

25 order of their likelihood of achieving the purposes of the
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1 Public Safety Partnership and Community Policing Act of

2 1993 and shall submit the list along with all grant applica3 tions and supporting materials received to the Attorney

4 General.

5 ‘‘(B) In making the submission to the Attorney Gen6 eral required by subparagraph (A), the State office referred

7 to in subsection (a) may recommend that a particular ap8 plication or applications should receive special priority and

9 provide supporting reasons for the recommendation.

10 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN11 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub12 section (a), municipalities the population of which exceeds

13 150,000 may submit an application for a grant under this

14 part directly to the Attorney General. In this subsection,

15 ‘municipalities the population of which exceeds 150,000’

16 means units of local government or law enforcement agen17 cies having jurisdiction over areas with populations exceed18 ing 150,000, and consortia or associations that include one

19 or more such units of local government or law enforcement

20 agencies.

21 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN22 ERAL BY OTHER APPLICANTS.—(1) Notwithstanding sub23 section (a), if a State chooses not to carry out the functions

24 described in subsection (b), an applicant in the State may
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1 submit an application for a grant under this part directly

2 to the Attorney General.

3 ‘‘(2) Notwithstanding subsection (a), an applicant that

4 is an Indian tribe or tribal law enforcement agency may

5 submit an application for a grant under this part directly

6 to the Attorney General.

7 ‘‘SEC. 1704. RENEWAL OF GRANTS.

8 ‘‘(a) IN GENERAL.—Except for grants made for hiring

9 or rehiring additional career law enforcement officers, a

10 grant under this part may be renewed for up to 2 addi11 tional years after the first fiscal year during which a recipi12 ent receives its initial grant, if the Attorney General deter13 mines that the funds made available to the recipient were

14 used in a manner required under an approved application

15 and if the recipient can demonstrate significant progress

16 in achieving the objectives of the initial application.

17 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

18 or rehiring additional career law enforcement officers may

19 be renewed for up to 5 years, subject to the requirements

20 of subsection (a), but notwithstanding the limitation in that

21 subsection concerning the number of years for which grants

22 may be renewed.

23 ‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex24 ceeding 1 year may be renewed as provided in this section,

25 except that the total duration of such a grant including any
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1 renewals may not exceed 3 years, or 6 years if it is a grant

2 made for hiring or rehiring additional career law enforce3 ment officers.

4 ‘‘SEC. 1705. LIMITATION ON USE OF FUNDS.

5 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds made

6 available under this part to State or local governments or

7 to Indian tribal governments shall not be used to supplant

8 State or local funds, or, in the case of Indian tribes, funds

9 supplied by the Department of the Interior, but shall be used

10 to increase the amount of funds that would, in the absence

11 of Federal funds received under this part, be made available

12 from State or local sources, or in the case of Indian tribes,

13 from funds supplied by the Department of the Interior.

14 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per15 cent of the funds available under this part may be used

16 for the costs of States in carrying out the functions de17 scribed in section 1703(b) or other administrative costs.

18 ‘‘(c) NON-FEDERAL COSTS.—State and local units of

19 government may use assets received through the Assets For20 feiture equitable sharing program to cover the non-Federal

21 portion of programs, projects, and activities funded under

22 this part.

23 ‘‘(d) HIRING COSTS.—Annual funding provided under

24 this part for hiring or rehiring a career law enforcement
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1 officer may not exceed $50,000, unless the Attorney General

2 grants a waiver from this limitation.

3 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

4 ‘‘(a) EVALUATION COMPONENTS.—Each program,

5 project, or activity funded under this part shall contain an

6 evaluation component, developed pursuant to guidelines es7 tablished by the Attorney General. The evaluations required

8 by this subsection shall include outcome measures that can

9 be used to determine the effectiveness of the funded pro10 grams, projects, and activities. Outcome measures may in11 clude crime and victimization indicators, quality of life

12 measures, community perceptions, and police perceptions of

13 their own work.

14 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney

15 General shall review the performance of each grant recipient

16 under this part. The Attorney General may require a grant

17 recipient to submit to the Attorney General the results of

18 the evaluations required under subsection (a) and such

19 other data and information as the Attorney General deems

20 reasonably necessary to carry out the responsibilities under

21 this subsection.

22 ‘‘SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.

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

24 reviews required by section 1706, or otherwise, that a grant

25 recipient under this part is not in substantial compliance
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1 with the terms and requirements of an approved grant ap2 plication submitted under section 1702, the Attorney Gen3 eral may revoke or suspend funding of that grant, in whole

4 or in part.

5 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

6 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

7 General shall have access for the purpose of audit and exam8 ination to any pertinent books, documents, papers, or

9 records of a grant recipient under this part and to the perti10 nent books, documents, papers, or records of State and local

11 governments, persons, businesses, and other entities that are

12 involved in programs, projects, or activities for which as13 sistance is provided under this part.

14 ‘‘(b) BY THE COMPTROLLER GENERAL.—Subsection

15 (a) shall apply with respect to audits and examinations

16 conducted by the Comptroller General of the United States

17 or by an authorized representative of the Comptroller Gen18 eral.

19 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

20 ‘‘The Attorney General may promulgate regulations

21 and guidelines to carry out this part.

22 ‘‘SEC. 1710. DEFINITIONS.

23 ‘‘In this part—

24 ‘‘ ‘Career law enforcement officers’ means a per25 son hired on a permanent basis who is authorized by
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1 law or by a State or local public agency to engage in

2 or supervise the prevention, detection, or investigation

3 of violations of criminal laws.

4 ‘‘ ‘Citizens police academy’ means a program by

5 local law enforcement agencies or private non profit

6 organizations in which citizens, especially those who

7 participate in neighborhood watch programs, are

8 given training in police policy and procedure, crimi9 nal law, the legal system, crime awareness, personal

10 safety measures, and ways of facilitating communica11 tion between the community and local law enforce12 ment in the prevention of crime.’ ’’.

13 (b) TECHNICAL AMENDMENT.—The table of contents of

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

15 of 1968 (42 U.S.C. 3711, et seq.) is amended by striking

16 the item relating to part Q and inserting the following:

‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’

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

‘‘Sec. 1702. Applications.

‘‘Sec. 1703. Review of applications by State office.

‘‘Sec. 1704. Renewal of grants.

‘‘Sec. 1705. Limitation on use of funds.

‘‘Sec. 1706. Performance evaluation.

‘‘Sec. 1707. Revocation or suspension of funding.

‘‘Sec. 1708. Access to documents.

‘‘Sec. 1709. General regulatory authority.

‘‘Sec. 1710. Definition.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793) is amended—

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

5 inserting ‘‘O, P, and Q’’; and

6 (2) by adding at the end the following new para7 graph:

8 ‘‘(11)(A) There are authorized to be appropriated to

9 carry out part Q, to remain available until expended—

10 ‘‘(i) $1,035,000,000 for fiscal year 1994;

11 ‘‘(ii) $1,720,000,000 for fiscal year 1995;

12 ‘‘(iii) $2,070,000,000 for fiscal year 1996;

13 ‘‘(iv) $2,270,000,000 for fiscal year 1997; and

14 ‘‘(v) $1,900,000,000 for fiscal year 1998.

15 ‘‘(B) Of funds available under part Q in any fis16 cal year, up to 5 percent may be used for technical

17 assistance under section 1701(e) or for evaluations or

18 studies carried out or commissioned by the Attorney

19 General in furtherance of the purposes of part Q, and

20 up to 5 percent may be used for the costs of States

21 in carrying out the functions described in section

22 1703(b) or other administrative costs. Of the remain23 ing funds, 60 percent shall be allocated for grants

24 pursuant to applications submitted as provided in

25 section 1703(a) or (d), and 40 percent shall be allo-
39

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1 cated for grants pursuant to applications submitted

2 as provided in section 1703(c). Of the funds available

3 in relation to grants pursuant to applications sub4 mitted as provided in section 1703(a) or (d), at least

5 85 percent shall be applied to grants for the purposes

6 specified in section 1701(b), and no more than 15

7 percent may be applied to other grants in furtherance

8 of the purposes of part Q. Of the funds available in

9 relation to grants pursuant to applications submitted

10 as provided in section 1703(c), at least 85 percent

11 shall be applied to grants for the purposes specified

12 in section 1701(b), and no more than 15 percent may

13 be applied to other grants in furtherance of the pur14 poses of part Q. In view of the extraordinary need for

15 law enforcement in Indian country, an appropriate

16 amount of funds available under part Q shall be

17 made available for grants to Indian tribes or tribal

18 law enforcement agencies.

19 ‘‘(C) Of the amounts available to be expended for

20 the Voilent Crime Reduction Trust Fund, $75,000,000

21 is authorized to be expended to constitute an Ounce

22 of Prevention Fund, to be administered as follows and

23 for the following purposes:

24 ‘‘(i) The Ounce of Prevention Fund shall be

25 for the purpose of encouraging and supporting
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1 the healthy development and nurturance of chil2 dren and youth in order to promote successful

3 transition into adulthood and for preventing vio4 lent crime through substance abuse treatment

5 and prevention.

6 ‘‘(ii) Activities to be supported by the Ounce

7 of Prevention Fund include—

8 ‘‘(I) after school and summer academic

9 enrichment and recreation conducted in safe

10 and secure settings and coordinated with

11 school curricula and programs, mentoring

12 and tutoring and other activities involving

13 extensive participation of adult role models,

14 activities directed at facilitating familiarity

15 with the labor market and ultimate success16 ful transition into the labor market; and

17 ‘‘(II) substance abuse treatment and

18 prevention program authorized in the Pub19 lic Health Service Act including outreach

20 programs for at-risk families.

21 ‘‘(iii) Except for substance abuse treatment

22 and prevention programs, the children and youth

23 to be served by Ounce of Prevention programs

24 shall be of ages appropriate for attendance at ele25 mentary and secondary schools. Applications
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1 shall be geographically based in particular

2 neighborhoods or sections of municipalities or

3 particular segments of rural areas, and applica4 tions shall demonstrate how programs will serve

5 substantial proportions of children and youth

6 resident in the target area with activities de7 signed to have substantial impact on the lives of

8 such children and youth. The Ounce of Preven9 tion Council created herein shall define more

10 precise statistical and numerical parameters for

11 target areas, numbers of children to be served,

12 and substantially of impact of activities to be

13 undertaken.

14 ‘‘(iv) Applicants may be cities, counties, or

15 other municipalities, school boards, colleges and

16 universities, nonprofit corporations, or consortia

17 of eligible applicants. Applicants must show that

18 a planning process has occurred that has in19 volved organizations, institutions, and residents

20 of target areas, including young people, as well

21 as cooperation between neighborhood-based enti22 ties, municipality-wide bodies, and local private23 sector representatives. Applicants must dem24 onstrate the substantial involvement of neighbor25 hood-based entities in the carrying out of the
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1 proposed activities. Proposals must demonstrate

2 that a broad base of collaboration and coordina3 tion will occur in the implementation of the pro4 posed activities, involving cooperation among

5 youth-serving organizations, schools, health and

6 social service providers, employers, law enforce7 ment professionals, local government, and resi8 dents of target areas, including young people.

9 The Ounce of Prevention Council shall set forth

10 guidelines elaborating these provisions.

11 ‘‘(v) The Ounce of Prevention Council shall

12 be chaired by the Attorney General and the Sec13 retaries of Education and Health and Human

14 Services, and shall include the Secretaries of Ag15 riculture, Housing and Urban Development, and

16 Labor, and the Director of the Office of National

17 Drug Control Policy. Such sums as shall be nec18 essary shall be appropriated for staff of the

19 Ounce of Prevention Council, which will be head20 ed by a Director chosen by the Council. The

21 Council shall make grant awards under this pro22 gram and develop appropriate guidelines for the

23 grant application process.

24 ‘‘(vi) The portion of the costs of a program,

25 project, or activity provided by a grant under
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1 the Ounce of Prevention Fund may not exceed 75

2 percent, unless the Ounce of Prevention Council

3 waives, wholly or in part, the requirement under

4 this subsection of a non-Federal contribution to

5 the costs of a program, project, or activity.

6 Grants may be renewed for up to 4 additional

7 years after the first fiscal year during which a

8 recipient receives an initial grant, provided the

9 Council is satisfied that adequate progress is

10 being made toward fulfillment of proposal goals.

11 The provision of section 1705(a) concerning

12 nonsupplantation, section 1705(b) concerning

13 limits on administrative costs, section 1706 con14 cerning performance evaluation, and section

15 1707 concerning revocation or suspension of

16 funding shall apply to the program created by

17 this subparagraph.’’.

18 TITLE II—DEATH PENALTY

19 SEC. 201. SHORT TITLE.

20 This title may be cited as the ‘‘Federal Death Penalty

21 Act of 1993’’.
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1 SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSI2 TION OF THE SENTENCE OF DEATH.

3 (a) IN GENERAL.—Part II of title 18, United States

4 Code, is amended by inserting after chapter 227 the follow5 ing new chapter:

6 ‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified.

‘‘3593. Special hearing to determine whether a sentence of death is justified.

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Special provisions for Indian country.

7 ‘‘§ 3591. Sentence of death

8 ‘‘(a) A defendant who has been found guilty of—

9 ‘‘(1) an offense described in section 794 or sec10 tion 2381;

11 ‘‘(2) an offense described in section 1751(c), if

12 the offense, as determined beyond a reasonable doubt

13 at the hearing under section 3593, constitutes an at14 tempt to intentionally kill the President of the United

15 States and results in bodily injury to the President

16 or comes dangerously close to causing the death of the

17 President; or

18 ‘‘(3) any other offense for which a sentence of

19 death is provided, if the defendant, as determined be-
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1 yond a reasonable doubt at the hearing under section

2 3593—

3 ‘‘(A) intentionally killed the victim;

4 ‘‘(B) intentionally inflicted serious bodily

5 injury that resulted in the death of the victim;

6 ‘‘(C) intentionally participated in an act,

7 contemplating that the life of a person would be

8 taken or intending that lethal force would be

9 used in connection with a person, other than one

10 of the participants in the offense, and the victim

11 died as a direct result of the act; or

12 ‘‘(D) intentionally and specifically engaged

13 in an act, knowing that the act created a grave

14 risk of death to a person, other than one of the

15 participants in the offense, such that participa16 tion in the act constituted a reckless disregard

17 for human life and the victim died as a direct

18 result of the act,

19 shall be sentenced to death if, after consideration of the fac20 tors set forth in section 3592 in the course of a hearing

21 held pursuant to section 3593, it is determined that imposi22 tion of a sentence of death is justified, except that no person

23 may be sentenced to death who was less than 18 years of

24 age at the time of the offense.

25 ‘‘(b) a defendant who has been found guilty of—
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1 ‘‘(1) an offense referred to in section 408(c)(1) of

2 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

3 committed as part of a continuing criminal enter4 prise offense under the conditions described in sub5 section (b) of that section which involved not less than

6 twice the quantity of controlled substance described in

7 subsection (b)(2)(A) or twice the gross receipts de8 scribed in subsection (b)(2)(B);

9 ‘‘(2) an offense referred to in section 408(c)(1) of

10 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

11 committed as part of a continuing criminal enter12 prise offense under that section, where the defendant

13 is a principal administrator, organizer, or leader of

14 such an enterprise, and the defendant, in order to ob15 struct the investigation or prosecution of the enter16 prise or an offense involved in the enterprise, at17 tempts to kill or knowlingly directs, advises, author18 izes, or assists another to attempt to kill any public

19 officer, juror, witness, or members of the family or

20 household of such a person;

21 ‘‘(3) an offense constituting a felony violation of

22 the Controlled Substances Act (21 U.S.C. 801 et seq.),

23 the Controlled Substances Import and Export Act (21

24 U.S.C. 951 et seq.), or the Maritime Drug Law En25 forcement Act (46 U.S.C. App. 1901 et seq.), where
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1 the defendant, intending to cause death or acting with

2 reckless disregard for human life, engages in such a

3 violation, and the death of another person results in

4 the course of the violation or from the use of the con5 trolled substance involved in the violation;

6 shall be sentenced to death if, after consideration of the fac7 tors set forth in section 3592, including the aggravating fac8 tors set forth at subsection (c) below, in the course of a hear9 ing held pursuant to section 3593, it is determined that

10 imposition of a sentence of death is justified, except that

11 no person may be sentenced to death who was less than 18

12 years of age at the time of the offense.

13 ‘‘(c) AGGRAVATING FACTORS FOR DRUG OFFENSE

14 DEATH PENALTY.—In determining whether a sentence of

15 death is justified for an offense described in subsection (b)

16 above, the jury, or if there is no jury, the court, shall con17 sider each of the following aggravating factors and deter18 mine which, if any, exist:

19 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

20 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON21 MENT WAS AUTHORIZED.—The defendant has pre22 viously been convicted of another Federal or State of23 fense resulting in the death of a person, for which a

24 sentence of life imprisonment or death was authorized

25 by statute.
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1 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERIOUS

2 OFFENSES.—The defendant has previously been con3 victed of two or more Federal or State offenses, each

4 punishable by a term of imprisonment of more than

5 one year, committed on different occasions, involving

6 the importation, manufacture, or distribution of a

7 controlled substance (as defined in section 102 of the

8 Controlled Substances Act (21 U.S.C. 802)) or the in9 fliction of, or attempted infliction of, serious bodily

10 injury or death upon another person.

11 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC12 TION.—The defendant has previously been convicted of

13 another Federal or State offense involving the manu14 facture, distribution, importation, or possession of a

15 controlled substance (as defined in section 102 of the

16 Controlled Substances Act (21 U.S.C. 802)) for which

17 a sentence of five or more years of imprisonment was

18 authorized by statute.

19 ‘‘(4) USE OF FIREARM.—In committing the of20 fense, or in furtherance of a continuing criminal en21 terprise of which the offense was a part, the defendant

22 used a firearm or knowingly directed, advised, au23 thorized, or assisted another to use a firearm to

24 threaten, intimidate, assault, or injure a person.
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1 ‘‘(5) DISTRIBUTION TO PERSONS UNDER 21.—

2 The offense, or a continuing criminal enterprise of

3 which the offense was a part, involved conduct pro4 scribed by section 418 of the Controlled Substances

5 Act (21 U.S.C. 859) which was committed directly by

6 the defendant.

7 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of8 fense, or a continuing criminal enterprise of which

9 the offense was a part, involved conduct proscribed by

10 section 419 of the Controlled Substances Act (21

11 U.S.C. 860) which was committed directly by the de12 fendant.

13 ‘‘(7) USING MINORS IN TRAFFICKING.—The of14 fense, or a continuing criminal enterprise of which

15 the offense was a part, involved conduct proscribed by

16 section 420 of the Controlled Substances Act (21

17 U.S.C. 861) which was committed directly by the de18 fendant.

19 ‘‘(8) LETHAL ADULTERANT.—The offense in20 volved the importation, manufacture, or distribution

21 of a controlled substance (as defined in section 102 of

22 the Controlled Substances Act (21 U.S.C. 802)),

23 mixed with a potentially lethal adulterant, and the

24 defendant was aware of the presence of the adulterant.
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1 The jury, or if there is no jury, the court, may consider

2 whether any other aggravating factor for which notice has

3 been given exists.

4 ‘‘§ 3592. Mitigating and aggravating factors to be con5 sidered in determining whether a sen6 tence of death is justified

7 ‘‘(a) MITIGATING FACTORS.—In determining whether

8 a sentence of death is to be imposed on a defendant, the

9 finder of fact shall consider any mitigating factor, includ10 ing the following:

11 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca12 pacity to appreciate the wrongfulness of the defend13 ant’s conduct or to conform conduct to the require14 ments of law was significantly impaired, regardless of

15 whether the capacity was so impaired as to constitute

16 a defense to the charge.

17 ‘‘(2) DURESS.—The defendant was under un18 usual and substantial duress, regardless of whether

19 the duress was of such a degree as to constitute a de20 fense to the charge.

21 ‘‘(3) MINOR PARTICIPATION.—The defendant is

22 punishable as a principal in the offense, which was

23 committed by another, but the defendant’s participa24 tion was relatively minor, regardless of whether the
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1 participation was so minor as to constitute a defense

2 to the charge.

3 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An4 other defendant or defendants, equally culpable in the

5 crime, will not be punished by death.

6 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The defend7 ant did not have a significant prior history of other

8 criminal conduct.

9 ‘‘(6) DISTURBANCE.—The defendant committed

10 the offense under severe mental or emotional disturb11 ance.

12 ‘‘(7) VICTIM’S CONSENT.—The victim consented

13 to the criminal conduct that resulted in the victim’s

14 death.

15 ‘‘(8) OTHER FACTORS.—Other factors in the de16 fendant’s background, record, or character or any

17 other circumstance of the offense that mitigate against

18 imposition of the death sentence.

19 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

20 TREASON.—In determining whether a sentence of death is

21 justified for an offense described in section 3591(1), the

22 jury, or if there is no jury, the court, shall consider each

23 of the following aggravating factors for which notice has

24 been given and determine which, if any, exist:
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1 ‘‘(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—

2 The defendant has previously been convicted of an3 other offense involving espionage or treason for which

4 a sentence of either life imprisonment or death was

5 authorized by law.

6 ‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In

7 the commission of the offense the defendant knowingly

8 created a grave risk of substantial danger to the na9 tional security.

10 ‘‘(3) GRAVE RISK OF DEATH.—In the commis11 sion of the offense the defendant knowingly created a

12 grave risk of death to another person.

13 The jury, or if there is no jury, the court, may consider

14 whether any other aggravating factor for which notice has

15 been given exists.

16 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND FOR

17 ATTEMPTED MURDER OF THE PRESIDENT.—In determin18 ing whether a sentence of death is justified for an offense

19 described in section 3591 (2) or (3), the jury, or if there

20 is no jury, the court, shall consider each of the following

21 aggravating factors for which notice has been given and de22 termine which, if any, exist:

23 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

24 CRIME.—The death, or injury resulting in death, oc25 curred during the commission or attempted commis-
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HR 3355 EAS

1 sion of, or during the immediate flight from the com2 mission of, an offense under section 32 (destruction of

3 aircraft or aircraft facilities), section 33 (destruction

4 of motor vehicles or motor vehicle facilities), section

5 36 (violence at international airports), section 351

6 (violence against Members of Congress, Cabinet offi7 cers, or Supreme Court Justices), an offense under

8 section 751 (prisoners in custody of institution or of9 ficer), section 794 (gathering or delivering defense in10 formation to aid foreign government), section 844(d)

11 (transportation of explosives in interstate commerce

12 for certain purposes), section 844(f) (destruction of

13 Government property by explosives), section 1118

14 (prisoners serving life term), section 1201 (kidnap15 ing), section 844(i) (destruction of property affecting

16 interstate commerce by explosives), section 1116 (kill17 ing or attempted killing of diplomats), section 1203

18 (hostage taking), section 1992 (wrecking trains), sec19 tion 2280 (maritime violence), section 2281 (mari20 time platform violence), section 2332 (terrorist acts

21 abroad against United States nationals), section 2339

22 (use of weapons of mass destruction), or section 2381

23 (treason) of this title, or section 902 (i) or (n) of the

24 Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or

25 (n)) (aircraft piracy).
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1 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

2 CONVICTION OF VIOLENT FELONY INVOLVING FIRE3 ARM.—For any offense, other than an offense for

4 which a sentence of death is sought on the basis of sec5 tion 924(c), the defendant—

6 ‘‘(A) during and in relation to the commis7 sion of the offense or in escaping or attempting

8 to escape apprehension used or possessed a fire9 arm (as defined in section 921); or

10 ‘‘(B) has previously been convicted of a Fed11 eral or State offense punishable by a term of im12 prisonment of more than 1 year, involving the

13 use or attempted or threatened use of a firearm

14 (as defined in section 921) against another per15 son.

16 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

17 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON18 MENT WAS AUTHORIZED.—The defendant has pre19 viously been convicted of another Federal or State of20 fense resulting in the death of a person, for which a

21 sentence of life imprisonment or a sentence of death

22 was authorized by statute.

23 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS

24 OFFENSES.—The defendant has previously been con25 victed of 2 or more Federal or State offenses, punish-
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1 able by a term of imprisonment of more than 1 year,

2 committed on different occasions, involving the inflic3 tion of, or attempted infliction of, serious bodily in4 jury or death upon another person.

5 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

6 PERSONS.—The defendant, in the commission of the

7 offense, or in escaping apprehension for the violation

8 of the offense, knowingly created a grave risk of death

9 to 1 or more persons in addition to the victim of the

10 offense.

11 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

12 OF COMMITTING OFFENSE.—The defendant committed

13 the offense in an especially heinous, cruel, or depraved

14 manner in that it involved torture or serious physical

15 abuse to the victim.

16 ‘‘(7) PROCUREMENT OF OFFENSE BY PAYMENT.—

17 The defendant procured the commission of the offense

18 by payment, or promise of payment, of anything of

19 pecuniary value.

20 ‘‘(8) PECUNIARY GAIN.—The defendant commit21 ted the offense as consideration for the receipt, or in

22 the expectation of the receipt, of anything of pecu23 niary value.

24 ‘‘(9) SUBSTANTIAL PLANNING AND

25 PREMEDITATION.—The defendant committed the of-
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1 fense after substantial planning and premeditation to

2 cause the death of a person or commit an act of ter3 rorism.

4 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF5 FENSES.—The defendant has previously been con6 victed of 2 or more State or Federal offenses punish7 able by a term of imprisonment of more than one

8 year, committed on different occasions, involving the

9 distribution of a controlled substance.

10 ‘‘(11) VULNERABILITY OF VICTIM.—The victim

11 was particularly vulnerable due to old age, youth, or

12 infirmity.

13 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL DRUG

14 OFFENSES.—The defendant had previously been con15 victed of violating title II or III of the Controlled

16 Substances Act for which a sentence of 5 or more

17 years may be imposed or had previously been con18 victed of engaging in a continuing criminal enter19 prise.

20 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN21 VOLVING DRUG SALES TO MINORS.—The defendant

22 committed the offense in the course of engaging in a

23 continuing criminal enterprise in violation of section

24 408(c) of the Controlled Substances Act (21 U.S.C.

25 848(c)), and that violation involved the distribution
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1 of drugs to persons under the age of 21 in violation

2 of section 418 of that Act (21 U.S.C. 859).

3 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defendant

4 committed the offense against—

5 ‘‘(A) the President of the United States, the

6 President-elect, the Vice President, the Vice7 President-elect, the Vice-President-designate, or,

8 if there is no Vice President, the officer next in

9 order of succession to the office of the President

10 of the United States, or any person who is acting

11 as President under the Constitution and laws of

12 the United States;

13 ‘‘(B) a chief of state, head of government, or

14 the political equivalent, of a foreign nation;

15 ‘‘(C) a foreign official listed in section

16 1116(b)(3)(A), if the official is in the United

17 States on official business; or

18 ‘‘(D) a Federal public servant who is a

19 judge, a law enforcement officer, or an employee

20 of a United States penal or correctional institu21 tion—

22 ‘‘(i) while he or she is engaged in the

23 performance of his or her official duties;

24 ‘‘(ii) because of the performance of his

25 or her official duties; or
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HR 3355 EAS

1 ‘‘(iii) because of his or her status as a

2 public servant.

3 For purposes of this subparagraph, a ‘law en4 forcement officer’ is a public servant authorized

5 by law or by a Government agency or Congress

6 to conduct or engage in the prevention, inves7 tigation, or prosecution or adjudication of an of8 fense, and includes those engaged in corrections,

9 parole, or probation functions.

10 The jury, or if there is no jury, the court, may consider

11 whether any other aggravating factor for which notice has

12 been given exists.

13 ‘‘§ 3593. Special hearing to determine whether a sen14 tence of death is justified

15 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case in16 volving an offense described in section 3591, the attorney

17 for the government believes that the circumstances of the of18 fense are such that a sentence of death is justified under

19 this chapter, the attorney shall, a reasonable time before the

20 trial or before acceptance by the court of a plea of guilty,

21 sign and file with the court, and serve on the defendant,

22 a notice—

23 ‘‘(1) stating that the government believes that the

24 circumstances of the offense are such that, if the de25 fendant is convicted, a sentence of death is justified
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1 under this chapter and that the government will seek

2 the sentence of death; and

3 ‘‘(2) setting forth the aggravating factor or fac4 tors that the government, if the defendant is convicted,

5 proposes to prove as justifying a sentence of death.

6 The factors for which notice is provided under this sub7 section may include factors concerning the effect of the of8 fense on the victim and the victim’s family, and may in9 clude oral testimony, a victim impact statement that identi10 fies the victim of the offense and the extent and scope of

11 the injury and loss suffered by the victim and the victim’s

12 family, and any other relevant information. The court may

13 permit the attorney for the government to amend the notice

14 upon a showing of good cause.

15 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the at16 torney for the government has filed a notice as required

17 under subsection (a) and the defendant is found guilty of

18 or pleads guilty to an offense described in section 3591, the

19 judge who presided at the trial or before whom the guilty

20 plea was entered, or another judge if that judge is unavail21 able, shall conduct a separate sentencing hearing to deter22 mine the punishment to be imposed. The hearing shall be

23 conducted—

24 ‘‘(1) before the jury that determined the defend25 ant’s guilt;
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HR 3355 EAS

1 ‘‘(2) before a jury impaneled for the purpose of

2 the hearing if—

3 ‘‘(A) the defendant was convicted upon a

4 plea of guilty;

5 ‘‘(B) the defendant was convicted after a

6 trial before the court sitting without a jury;

7 ‘‘(C) the jury that determined the defend8 ant’s guilt was discharged for good cause; or

9 ‘‘(D) after initial imposition of a sentence

10 under this section, reconsideration of the sentence

11 under this section is necessary; or

12 ‘‘(3) before the court alone, upon the motion of

13 the defendant and with the approval of the attorney

14 for the government.

15 A jury impaneled pursuant to paragraph (2) shall consist

16 of 12 members, unless, at any time before the conclusion

17 of the hearing, the parties stipulate, with the approval of

18 the court, that it shall consist of a lesser number.

19 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC20 TORS.—Notwithstanding rule 32(c) of the Federal Rules of

21 Criminal Procedure, when a defendant is found guilty or

22 pleads guilty to an offense under section 3591, no

23 presentence report shall be prepared. At the sentencing hear24 ing, information may be presented as to any matter rel25 evant to the sentence, including any mitigating or aggra-
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1 vating factor permitted or required to be considered under

2 section 3592. Information presented may include the trial

3 transcript and exhibits. The defendant may present any in4 formation relevant to a mitigating factor. The government

5 may present any information relevant to an aggravating

6 factor for which notice has been provided under subsection

7 (a). Information is admissible regardless of its admissibil8 ity under the rules governing admission of evidence at

9 criminal trials except that information may be excluded if

10 its probative value is outweighed by the danger of creating

11 unfair prejudice, confusing the issues, or misleading the

12 jury. The government and the defendant shall be permitted

13 to rebut any information received at the hearing, and shall

14 be given fair opportunity to present argument as to the ade15 quacy of the information to establish the existence of any

16 aggravating or mitigating factor, and as to the appro17 priateness in the case of imposing a sentence of death. The

18 government shall open the argument. The defendant shall

19 be permitted to reply. The government shall then be per20 mitted to reply in rebuttal. The burden of establishing the

21 existence of any aggravating factor is on the government,

22 and is not satisfied unless the existence of such a factor is

23 established beyond a reasonable doubt. The burden of estab24 lishing the existence of any mitigating factor is on the de-
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1 fendant, and is not satisfied unless the existence of such a

2 factor is established by a preponderance of the information.

3 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or if

4 there is no jury, the court, shall consider all the information

5 received during the hearing. It shall return special findings

6 identifying any aggravating factor or factors set forth in

7 section 3592 found to exist and any other aggravating fac8 tor for which notice has been provided under subsection (a)

9 found to exist. A finding with respect to a mitigating factor

10 may be made by 1 or more members of the jury, and any

11 member of the jury who finds the existence of a mitigating

12 factor may consider such factor established for purposes of

13 this section regardless of the number of jurors who concur

14 that the factor has been established. A finding with respect

15 to any aggravating factor must be unanimous. If no aggra16 vating factor set forth in section 3592 is found to exist, the

17 court shall impose a sentence other than death authorized

18 by law.

19 ‘‘(e) RETURN OF A FINDING CONCERNING A SENTENCE

20 OF DEATH.—If, in the case of—

21 ‘‘(1) an offense described in section 3591(1), an

22 aggravating factor required to be considered under

23 section 3592(b) is found to exist; or
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1 ‘‘(2) an offense described in section 3591 (2) or

2 (3), an aggravating factor required to be considered

3 under section 3592(c) is found to exist,

4 the jury, or if there is no jury, the court, shall consider

5 whether all the aggravating factor or factors found to exist

6 sufficiently outweigh all the mitigating factor or factors

7 found to exist to justify a sentence of death, or, in the ab8 sence of a mitigating factor, whether the aggravating factor

9 or factors alone are sufficient to justify a sentence of death.

10 Based upon this consideration, the jury by unanimous vote,

11 or if there is no jury, the court, shall recommend whether

12 the defendant should be sentenced to death, to life imprison13 ment without possibility of release or some other lesser sen14 tence.

15 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DIS16 CRIMINATION.—In a hearing held before a jury, the court,

17 prior to the return of a finding under subsection (e), shall

18 instruct the jury that, in considering whether a sentence

19 of death is justified, it shall not consider the race, color,

20 religious beliefs, national origin, or sex of the defendant or

21 of any victim and that the jury is not to recommend a sen22 tence of death unless it has concluded that it would rec23 ommend a sentence of death for the crime in question no

24 matter what the race, color, religious beliefs, national ori25 gin, or sex of the defendant or of any victim may be. The
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1 jury, upon return of a finding under subsection (e), shall

2 also return to the court a certificate, signed by each juror,

3 that consideration of the race, color, religious beliefs, na4 tional origin, or sex of the defendant or any victim was

5 not involved in reaching his or her individual decision and

6 that the individual juror would have made the same rec7 ommendation regarding a sentence for the crime in question

8 no matter what the race, color, religious beliefs, national

9 origin, or sex of the defendant or any victim may be.

10 ‘‘§ 3594. Imposition of a sentence of death

11 ‘‘Upon a recommendation under section 3593(e) that

12 the defendant should be sentenced to death or life imprison13 ment without possibility of release, the court shall sentence

14 the defendant accordingly. Otherwise, the court shall impose

15 any lesser sentence that is authorized by law. Notwithstand16 ing any other law, if the maximum term of imprisonment

17 for the offense is life imprisonment, the court may impose

18 a sentence of life imprisonment without possibility of re19 lease.

20 ‘‘§ 3595. Review of a sentence of death

21 ‘‘(a) APPEAL.—In a case in which a sentence of death

22 is imposed, the sentence shall be subject to review by the

23 court of appeals upon appeal by the defendant. Notice of

24 appeal must be filed within the time specified for the filing

25 of a notice of appeal. An appeal under this section may
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1 be consolidated with an appeal of the judgment of convic2 tion and shall have priority over all other cases.

3 ‘‘(b) REVIEW.—The court of appeals shall review the

4 entire record in the case, including—

5 ‘‘(1) the evidence submitted during the trial;

6 ‘‘(2) the information submitted during the sen7 tencing hearing;

8 ‘‘(3) the procedures employed in the sentencing

9 hearing; and

10 ‘‘(4) the special findings returned under section

11 3593(d).

12 ‘‘(c) DECISION AND DISPOSITION.—

13 ‘‘(1) The court of appeals shall address all sub14 stantive and procedural issues raised on the appeal of

15 a sentence of death, and shall consider whether the

16 sentence of death was imposed under the influence of

17 passion, prejudice, or any other arbitrary factor and

18 whether the evidence supports the special finding of

19 the existence of an aggravating factor required to be

20 considered under section 3592.

21 ‘‘(2) Whenever the court of appeals finds that—

22 ‘‘(A) the sentence of death was imposed

23 under the influence of passion, prejudice, or any

24 other arbitrary factor;
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1 ‘‘(B) the admissible evidence and informa2 tion adduced does not support the special finding

3 of the existence of the required aggravating fac4 tor; or

5 ‘‘(C) the proceedings involved any other

6 legal error requiring reversal of the sentence that

7 was properly preserved for appeal under the

8 rules of criminal procedure,

9 the court shall remand the case for reconsideration

10 under section 3593 or imposition of a sentence other

11 than death. The court of appeals shall not reverse or

12 vacate a sentence of death on account of any error

13 which can be harmless, including any erroneous spe14 cial finding of an aggravating factor, where the Gov15 ernment establishes beyond a reasonable doubt that

16 the error was harmless.

17 ‘‘(3) The court of appeals shall state in writing

18 the reasons for its disposition of an appeal of a sen19 tence of death under this section.

20 ‘‘§ 3596. Implementation of a sentence of death

21 ‘‘(a) IN GENERAL.—A person who has been sentenced

22 to death pursuant to this chapter shall be committed to the

23 custody of the Attorney General until exhaustion of the pro24 cedures for appeal of the judgment of conviction and for

25 review of the sentence. When the sentence is to be imple-
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1 mented, the Attorney General shall release the person sen2 tenced to death to the custody of a United States marshal,

3 who shall supervise implementation of the sentence in the

4 manner prescribed by the law of the State in which the sen5 tence is imposed. If the law of the State does not provide

6 for implementation of a sentence of death, the court shall

7 designate another State, the law of which does provide for

8 the implementation of a sentence of death, and the sentence

9 shall be implemented in the latter State in the manner pre10 scribed by such law.

11 ‘‘(b) PREGNANT WOMAN.—A sentence of death shall not

12 be carried out upon a woman while she is pregnant.

13 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall not

14 be carried out upon a person who is mentally retarded. A

15 sentence of death shall not be carried out upon a person

16 who, as a result of mental disability, lacks the mental ca17 pacity to understand the death penalty and why it was im18 posed on that person.

19 ‘‘§ 3597. Use of State facilities

20 ‘‘(a) IN GENERAL.—A United States marshal charged

21 with supervising the implementation of a sentence of death

22 may use appropriate State or local facilities for the pur23 pose, may use the services of an appropriate State or local

24 official or of a person such an official employs for the pur-
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1 pose, and shall pay the costs thereof in an amount approved

2 by the Attorney General.

3 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI4 GIOUS GROUNDS.—No employee of any State department

5 of corrections, the United States Department of Justice, the

6 Federal Bureau of Prisons, or the United States Marshals

7 Service, and no employee providing services to that depart8 ment, bureau, or service under contract shall be required,

9 as a condition of that employment or contractual obliga10 tion, to be in attendance at or to participate in any pros11 ecution or execution under this section if such participation

12 is contrary to the moral or religious convictions of the em13 ployee. In this subsection, ‘participation in executions’ in14 cludes personal preparation of the condemned individual

15 and the apparatus used for execution and supervision of

16 the activities of other personnel in carrying out such activi17 ties.

18 ‘‘§ 3598. Special provisions for Indian country

19 ‘‘Notwithstanding sections 1152 and 1153, no person

20 subject to the criminal jurisdiction of an Indian tribal gov21 ernment shall be subject to a capital sentence under this

22 chapter for any offense the Federal jurisdiction for which

23 is predicated solely on Indian country (as defined in section

24 1151 of this title) and which has occurred within the bound25 aries of Indian country, unless the governing body of the
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1 tribe has elected that this chapter have effect over land and

2 persons subject to its criminal jurisdiction.’’.

3 (b) TECHNICAL AMENDMENT.—The part analysis for

4 part II of title 18, United States Code, is amended by in5 serting after the item relating to chapter 227 the following

6 new item:

‘‘228. Death sentence .............................................................................. 3591’’.

7 SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY

8 IS AUTHORIZED.

9 (a) CONFORMING CHANGES IN TITLE 18.—Title 18,

10 United States Code, is amended as follows:

11 (1) AIRCRAFT AND MOTOR VEHICLES.—Section

12 34 of title 18, United States Code, is amended by

13 striking the comma after ‘‘imprisonment for life’’, in14 serting a period, and striking the remainder of the

15 section.

16 (2) ESPIONAGE.—Section 794(a) of title 18,

17 United States Code, is amended by striking the period

18 at the end of the section and inserting ‘‘, except that

19 the sentence of death shall not be imposed unless the

20 jury or, if there is no jury, the court, further finds

21 that the offense directly concerned nuclear weaponry,

22 military spacecraft or satellites, early warning sys23 tems, or other means of defense or retaliation against

24 large-scale attack; war plans; communications intel25 ligence or cryptographic information; or any other
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1 major weapons system or major element of defense

2 strategy.’’.

3 (3) EXPLOSIVE MATERIALS.—(A) Section 844(d)

4 of title 18, United States Code, is amended by strik5 ing ‘‘as provided in section 34 of this title’’.

6 (B) Section 844(f) of title 18, United States

7 Code, is amended by striking ‘‘as provided in section

8 34 of this title’’.

9 (C) Section 844(i) of title 18, United States

10 Code, is amended by striking ‘‘as provided in section

11 34 of this title’’.

12 (4) MURDER.—The second undesignated para13 graph of section 1111(b) of title 18, United States

14 Code, is amended to read as follows:

15 ‘‘Whoever is guilty of murder in the first degree

16 shall be punished by death or by imprisonment for

17 life;’’.

18 (5) KILLING OF FOREIGN OFFICIAL.—Section

19 1116(a) of title 18, United States Code, is amended

20 by striking ‘‘any such person who is found guilty of

21 murder in the first degree shall be sentenced to im22 prisonment for life, and’’.

23 (6) KIDNAPPING.—Section 1201(a) of title 18,

24 United States Code, is amended by inserting after ‘‘or

25 for life’’ the following: ‘‘and, if the death of any per-
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1 son results, shall be punished by death or life impris2 onment’’.

3 (7) NONMAILABLE INJURIOUS ARTICLES.—The

4 last paragraph of section 1716 of title 18, United

5 States Code, is amended by striking the comma after

6 ‘‘imprisonment for life’’ and inserting a period and

7 striking the remainder of the paragraph.

8 (8) PRESIDENTIAL ASSASSINATIONS.—Subsection

9 (c) of section 1751 of title 18, United States Code, is

10 amended to read as follows:

11 ‘‘(c) Whoever attempts to kill or kidnap any individual

12 designated in subsection (a) of this section, shall be pun13 ished—

14 ‘‘(1) by imprisonment for any term of years or

15 for life; or

16 ‘‘(2) if the conduct constitutes an attempt to in17 tentionally kill the President of the United States and

18 results in bodily injury to the President or otherwise

19 comes dangerously close to causing the death of the

20 President, by death or imprisonment for any term of

21 years or for life.’’.

22 (9) WRECKING TRAINS.—The second to the last

23 undesignated paragraph of section 1992 of title 18,

24 United States Code, is amended by striking the
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1 comma after ‘‘imprisonment for life’’, inserting a pe2 riod, and striking the remainder of the section.

3 (10) BANK ROBBERY.—Section 2113(e) of title

4 18, United States Code, is amended by striking ‘‘or

5 punished by death if the verdict of the jury shall so

6 direct’’ and inserting ‘‘or if death results shall be

7 punished by death or life imprisonment’’.

8 (11) HOSTAGE TAKING.—Section 1203(a) of title

9 18, United States Code, is amended by inserting after

10 ‘‘or for life’’ the following: ‘‘and, if the death of any

11 person results, shall be punished by death or life im12 prisonment’’.

13 (12) MURDER FOR HIRE.—Section 1958 of title

14 18, United States Code, is amended by striking ‘‘and

15 if death results, shall be subject to imprisonment for

16 any term of years or for life, or shall be fined not

17 more than $50,000, or both’’ and inserting ‘‘and if

18 death results, shall be punished by death or life im19 prisonment, or shall be fined not more than $250,000,

20 or both’’.

21 (13) RACKETEERING.—Section 1959(a)(1) of

22 title 18, United States Code, is amended to read as

23 follows:

24 ‘‘(1) for murder, by death or life imprisonment,

25 or a fine of not more than $250,000, or both; and for
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1 kidnapping, by imprisonment for any term of years

2 or for life, or a fine of not more than $250,000, or

3 both;’’.

4 (14) GENOCIDE.—Section 1091(b)(1) of title 18,

5 United States Code, is amended by striking ‘‘a fine

6 of not more than $1,000,000 or imprisonment for

7 life,’’ and inserting ‘‘, where death results, by death

8 or imprisonment for life and a fine of not more than

9 $1,000,000, or both;’’.

10 (15) CARJACKING.—Section 2119(3) of title 18,

11 United States Code, is amended by striking the period

12 after ‘‘both’’ and inserting ‘‘, or sentenced to death.’’;

13 and by striking ‘‘, possessing a firearm as defined in

14 section 921 of this title,’’.

15 (b) CONFORMING AMENDMENT TO FEDERAL AVIATION

16 ACT OF 1954.—Section 903 of the Federal Aviation Act of

17 1958 (49 U.S.C. 1473) is amended by striking subsection

18 (c).

19 SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY

20 JUSTICE.

21 Chapter 228 of title 18, United States Code, as added

22 by this title, shall not apply to prosecutions under the Uni23 form Code of Military Justice (10 U.S.C. 801).
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1 SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL

2 PRISONER.

3 (a) IN GENERAL.—Chapter 51 of title 18, United

4 States Code, is amended by adding at the end the following

5 new section:

6 ‘‘§ 1118. Murder by a Federal prisoner

7 ‘‘(a) OFFENSE.—A person who, while confined in a

8 Federal correctional institution under a sentence for a term

9 of life imprisonment, commits the murder of another shall

10 be punished by death or by life imprisonment.

11 ‘‘(b) DEFINITIONS.—In this section—

12 ‘‘ ‘Federal correctional institution’ means any

13 Federal prison, Federal correctional facility, Federal

14 community program center, or Federal halfway house.

15 ‘‘ ‘murder’ means a first degree or second degree

16 murder (as defined by section 1111).

17 ‘‘ ‘term of life imprisonment’ means a sentence

18 for the term of natural life, a sentence commuted to

19 natural life, an indeterminate term of a minimum of

20 at least fifteen years and a maximum of life, or an

21 unexecuted sentence of death.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 51 of title 18, United States Code, is amended

24 by adding at the end the following new item:

‘‘1118. Murder by a Federal prisoner.’’.
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1 SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

2 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

3 title 18, United States Code, is amended by striking the

4 period at the end of the last sentence and inserting ‘‘, or

5 may be sentenced to death.’’.

6 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

7 LAW.—Section 242 of title 18, United States Code, is

8 amended by striking the period at the end of the last sen9 tence and inserting ‘‘, or may be sentenced to death.’’.

10 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

11 245(b) of title 18, United States Code, is amended in the

12 matter following paragraph (5) by inserting ‘‘, or may be

13 sentenced to death’’ after ‘‘or for life’’.

14 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION

15 OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—Section

16 247(c)(1) of title 18, United States Code, is amended by

17 inserting ‘‘, or may be sentenced to death’’ after ‘‘or both’’.

18 SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL

19 LAW ENFORCEMENT OFFICIALS.

20 Section 1114(a) of title 18, United States Code, is

21 amended by striking ‘‘punished as provided under sections

22 1111 and 1112 of this title,’’ and inserting ‘‘punished, in

23 the case of murder, by a sentence of death or life imprison24 ment as provided under section 1111, or, in the case of

25 manslaughter, a sentence as provided under section 1112.’’.
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1 SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF

2 WEAPONS TO FURTHER DRUG CONSPIRACIES.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Drive-By Shooting Prevention Act of 1993’’.

5 (b) IN GENERAL.—Chapter 2 of title 18, United States

6 Code, is amended by adding at the end the following new

7 section:

8 ‘‘§ 36. Drive-by shooting

9 ‘‘(a) DEFINITION.—In this section, ‘major drug offense’

10 means—

11 ‘‘(1) a continuing criminal enterprise punishable

12 under section 403(c) of the Controlled Substances Act

13 (21 U.S.C. 848(c));

14 ‘‘(2) a conspiracy to distribute controlled sub15 stances punishable under section 406 of the Controlled

16 Substances Act (21 U.S.C. 846) section 1013 of the

17 Controlled Substances Import and Export Control Act

18 (21 U.S.C. 963); and

19 ‘‘(3) an offense involving major quantities of

20 drugs and punishable under section 401(b)(1)(A) of

21 the Controlled Substances Act (21 U.S.C.

22 841(b)(1)(A)) or section 1010(b)(1) of the Controlled

23 Substances Import and Export Act (21 U.S.C.

24 960(b)(1)).

25 ‘‘(b) OFFENSE AND PENALTIES.—(1) A person who, in

26 furtherance or to escape detection of a major drug offense
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1 and with the intent to intimidate, harass, injure, or maim,

2 fires a weapon into a group of two or more persons and

3 who, in the course of such conduct, causes grave risk to any

4 human life shall be punished by a term of no more than

5 25 years, by fine under this title, or both.

6 ‘‘(2) A person who, in furtherance or to escape detec7 tion of a major drug offense and with the intent to intimi8 date, harass, injure, or maim, fires a weapon into a group

9 of 2 or more persons and who, in the course of such conduct,

10 kills any person shall, if the killing—

11 ‘‘(A) is a first degree murder (as defined in sec12 tion 1111(a)), be punished by death or imprisonment

13 for any term of years or for life, fined under this title,

14 or both; or

15 ‘‘(B) is a murder other than a first degree mur16 der (as defined in section 1111(a)), be fined under

17 this title, imprisoned for any term of years or for life,

18 or both.’’.

19 (c) TECHNICAL AMENDMENT.—The chapter analysis

20 for chapter 2 of title 18, United States Code, is amended

21 by adding at the end the following new item:

‘‘36. Drive-by shooting.’’.
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1 SEC. 209. FOREIGN MURDER OF UNITED STATES NATION2 ALS.

3 (a) IN GENERAL.—Chapter 51 of title 18, United

4 States Code, is amended by adding at the end the following

5 new section:

6 ‘‘§ 1118. Foreign murder of United States nationals

7 ‘‘(a) DEFINITION.—In this section, ‘national of the

8 United States’ has the meaning stated in section 101(a)(22)

9 of the Immigration and Nationality Act (8 U.S.C.

10 1101(a)(22)).

11 ‘‘(b) OFFENSE.—A person who, being a national of the

12 United States, kills or attempts to kill a national of the

13 United States while such national is outside the United

14 States but within the jurisdiction of another country shall

15 be punished as provided under sections 1111, 1112, and

16 1113.

17 ‘‘(c) LIMITATIONS ON PROSECUTION.—(1) No prosecu18 tion may be instituted against any person under this sec19 tion except upon the written approval of the Attorney Gen20 eral, the Deputy Attorney General, or an Assistant Attorney

21 General, which function of approving prosecutions may not

22 be delegated. No prosecution shall be approved if prosecu23 tion has been previously undertaken by a foreign country

24 for the same conduct.

25 ‘‘(2) No prosecution shall be approved under this sec26 tion unless the Attorney General, in consultation with the
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1 Secretary of State, determines that the conduct took place

2 in a country in which the person is no longer present, and

3 the country lacks the ability to lawfully secure the person’s

4 return. A determination by the Attorney General under this

5 paragraph is not subject to judicial review.’’.

6 (b) TECHNICAL AMENDMENTS.—(1) Section 1117 of

7 title 18, United States Code, is amended by striking ‘‘or

8 1116’’ and inserting ‘‘1116, or 1118’’.

9 (2) The chapter analysis for chapter 51 of title 18,

10 United States Code, is amended by adding at the end the

11 following new item:

‘‘1118. Foreign murder of United States nationals.’’.

12 SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTA13 TION MURDERS.

14 (a) OFFENSE.—Chapter 109A of title 18, United

15 States Code, is amended—

16 (1) by redesignating section 2245 as section

17 2246; and

18 (2) by inserting after section 2244 the following

19 new section:

20 ‘‘§ 2245. Sexual abuse resulting in death

21 ‘‘A person who, in the course of an offense under this

22 chapter, engages in conduct that results in the death of a

23 person, shall be punished by death or imprisoned for any

24 term of years or for life.’’.
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1 (b) TECHNICAL AMENDMENTS.—The chapter analysis

2 for chapter 109A of title 18, United States Code, is amended

3 by striking the item for section 2245 and inserting the fol4 lowing:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

5 SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF

6 CHILDREN.

7 Section 2251(d) of title 18, United States Code, is

8 amended by adding at the end the following: ‘‘Whoever, in

9 the course of an offense under this section, engages in con10 duct that results in the death of a person, shall be punished

11 by death or imprisoned for any term of years or for life.’’.

12 SEC. 212. MURDER BY ESCAPED PRISONERS.

13 (a) IN GENERAL.—Chapter 51 of title 18, United

14 States Code, as amended by section 109(a), is amended by

15 adding at the end the following new section:

16 ‘‘§ 1119. Murder by escaped prisoners

17 ‘‘(a) DEFINITION.—In this section, ‘Federal prison’

18 and ‘term of life imprisonment’ have the meanings stated

19 in section 1118.

20 ‘‘(b) OFFENSE AND PENALTY.—A person, having es21 caped from a Federal prison where the person was confined

22 under a sentence for a term of life imprisonment, kills an23 other shall be punished as provided in sections 1111 and

24 1112.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 51 of title 18, United States Code, as amended

3 by section 109(b)(2), is amended by adding at the end the

4 following new item:

‘‘1119. Murder by escaped prisoners.’’.

5 SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING

6 FEDERAL CRIMES OF VIOLENCE AND DRUG

7 TRAFFICKING CRIMES.

8 Section 924 of title 18, United States Code, is amended

9 by adding at the end the following new subsection:

10 ‘‘(i) A person who, in the course of a violation of sub11 section (c), causes the death of a person through the use

12 of a firearm, shall—

13 ‘‘(1) if the killing is a murder (as defined in sec14 tion 1111), be punished by death or by imprisonment

15 for any term of years or for life; and

16 ‘‘(2) if the killing is manslaughter (as defined in

17 section 1112), be punished as provided in that sec18 tion.’’.

19 SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLV20 ING FIREARMS IN FEDERAL FACILITIES.

21 Section 930 of title 18, United States Code, is amend22 ed—

23 (1) by redesignating subsections (c), (d), (e), and

24 (f) as subsections (d), (e), (f), and (g), respectively;
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1 (2) in subsection (a) by striking ‘‘(c)’’ and in2 serting ‘‘(d)’’; and

3 (3) by inserting after subsection (b) the following

4 new subsection:

5 ‘‘(c) A person who kills or attempts to kill any person

6 in the course of a violation of subsection (a) or (b), or in

7 the course of an attack on a Federal facility involving the

8 use of a firearm or other dangerous weapon, shall be pun9 ished as provided in sections 1111, 1112, and 1113.’’.

10 SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.

11 Section 274(a) of the Immigration and Naturalization

12 Act (8 U.S.C. 1324) is amended by inserting before the pe13 riod at the end the following: ‘‘: Provided further, That if

14 during and in relation to an offense described in paragraph

15 (1) the person causes serious bodily injury to, or places in

16 jeopardy the life of, any alien, such person shall be subject

17 to a term of imprisonment of not more than 20 years, and

18 if the death of any alien results, shall be punished by death

19 or imprisoned for any term of years or for life.’’.

20 TITLE III—FIREARMS

21 Subtitle A—Restraining Orders

22 SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS.

23 (a) Section 922(d) of title 18, United States Code, is

24 amended—

25 (1) by striking ‘‘or’’ at the end of paragraph (6);
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1 (2) by adding ‘‘or’’ at the end of paragraph (7);

2 and

3 (3) by adding after paragraph (7) the following

4 new paragraph:

5 ‘‘(8)(A) is subject to an order, issued by a Fed6 eral or State court after a hearing about which that

7 person received actual notice and at which that per8 son had the opportunity to participate, restraining

9 that person from harassing, stalking, threatening, or

10 engaging in other such conduct that would place an11 other person in fear of bodily injury or the effect of

12 which conduct would be to place a reasonable person

13 in fear of bodily injury; and

14 ‘‘(B) whom the court issuing the order finds

15 under this subsection to represent a credible threat to

16 the physical safety of that other person;’’.

17 (b) Section 922(g) of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘or’’ at the end of paragraph (6);

20 (2) by adding ‘‘or’’ at the end of paragraph (7);

21 and

22 (3) by adding after paragraph (7) the following

23 new paragraph:

24 ‘‘(8)(A) who is subject to an order, issued by a

25 Federal or State court after a hearing about which
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1 that person received actual notice and at which that

2 person had the opportunity to participate, restraining

3 that person from harassing, stalking, threatening, or

4 engaging in other such conduct that would place an5 other person in fear of bodily injury or the effect of

6 which conduct would be to place a reasonable person

7 in fear of bodily injury; and

8 ‘‘(B) whom the court issuing the order finds

9 under this subsection to represent a credible threat to

10 the physical safety of that other person;’’.

11 (c) Section 926(a) of title 18, United States Code, is

12 amended—

13 (1) by striking ‘‘and’’ at the end of paragraph

14 (1);

15 (2) by replacing ‘‘.’’ with ‘‘; and’’ at the end of

16 paragraph (2); and

17 (3) by adding after paragraph (a)(2) the follow18 ing new paragraph:

19 ‘‘(3) regulations providing for effective receipt

20 and secure storage of firearms relinquished by or

21 seized from persons described in section 922(d)(8) or

22 922(g)(8).’’.

23 (d) Section 924(d)(1) of title 18, United States Code,

24 is amended—
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1 (1) by striking all between ‘‘trial,’’ and ‘‘fire2 arms’’ and inserting the following: ‘‘or lapse of or

3 court termination of the restraining order to which he

4 is subject, the seized or relinquished’’.

5 Subtitle B—Licensure

6 SEC. 311. FIREARMS LICENSURE AND REGISTRATION TO

7 REQUIRE A PHOTOGRAPH AND FINGER8 PRINTS.

9 (a) FIREARMS LICENSURE.—Section 923(a) of title 18,

10 United States Code, is amended in the second sentence by

11 inserting ‘‘and shall include a photograph and fingerprints

12 of the applicant’’ before the period.

13 (b) REGISTRATION.—Section 5802 of the Internal Rev14 enue Code of 1986 is amended by inserting after the first

15 sentence the following: ‘‘An individual required to register

16 under this section shall include a photograph and finger17 prints of the individual with the initial application.’’.

18 SEC. 312. COMPLIANCE WITH STATE AND LOCAL LAW AS A

19 CONDITION TO LICENSE.

20 Section 923(d)(1) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘and’’ at the end of subpara23 graph (D);

24 (2) by striking the period at the end of subpara25 graph (E) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new sub2 paragraph:

3 ‘‘(F) the applicant certifies that—

4 ‘‘(i) the business to be conducted under the

5 license is not prohibited by State or local law in

6 the place where the licensed premise is located;

7 ‘‘(ii)(I) within 30 days after the application

8 is approved the business will comply with the re9 quirements of State and local law applicable to

10 the conduct of the business; and

11 ‘‘(II) the business will not be conducted

12 under the license until the requirements of State

13 and local law applicable to the business have

14 been met; and

15 ‘‘(iii) that the applicant has sent or deliv16 ered a form to be prescribed by the Secretary, to

17 the chief law enforcement officer of the locality in

18 which the premises are located, which indicates

19 that the applicant intends to apply for a Federal

20 firearms license.’’.

21 SEC. 313. ACTION ON FIREARMS LICENSE APPLICATION.

22 Section 923(d)(2) of title 18, United States Code, is

23 amended by striking ‘‘forty-five-day’’ and inserting ‘‘60-

24 day’’.
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1 SEC. 314. INSPECTION OF FIREARMS LICENSEES’ INVEN2 TORY AND RECORDS.

3 Section 923(g)(1)(B)(ii) of title 18, United States

4 Code, is amended to read as follows:

5 ‘‘(ii) for insuring compliance with the

6 record keeping requirements of this chap7 ter—

8 ‘‘(I) not more than once during

9 any 12-month period; or

10 ‘‘(II) at any time with respect to

11 records relating to a firearm involved

12 in a criminal investigation that is

13 traced to the licensee.’’.

14 SEC. 315. REPORTS OF THEFT OR LOSS OF FIREARMS.

15 Section 923(g) of title 18, United States Code, is

16 amended by adding at the end the following new paragraph:

17 ‘‘(6) Each licensee shall report the theft or loss

18 of a firearm from the licensee’s inventory or collec19 tion, within 48 hours after the theft or loss is discov20 ered, to the Secretary and to the appropriate local au21 thorities.’’.

22 SEC. 316. RESPONSES TO REQUESTS FOR INFORMATION.

23 Section 923(g) of title 18, United States Code, as

24 amended by section 215, is amended by adding at the end

25 the following new paragraph:
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1 ‘‘(7) Each licensee shall respond immediately to,

2 and in no event later than 24 hours after the receipt

3 of, a request by the Secretary for information con4 tained in the records required to be kept by this chap5 ter as may be required for determining the disposition

6 of 1 or more firearms in the course of a bona fide

7 criminal investigation. The requested information

8 shall be provided orally or in writing, as the Sec9 retary may require. The Secretary shall implement a

10 system whereby the licensee can positively identify

11 and establish that an individual requesting informa12 tion via telephone is employed by and authorized by

13 the agency to request such information.’’.

14 SEC. 317. NOTIFICATION OF NAMES AND ADDRESSES OF

15 FIREARMS LICENSEES.

16 Section 923 of title 18, United States Code, is amended

17 by adding at the end the following new subsection:

18 ‘‘(1) The Secretary of the Treasury shall notify

19 the chief law enforcement officer in the appropriate

20 State and local jurisdictions of the names and ad21 dresses of all persons in the State to whom a firearms

22 license is issued.’’.
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1 TITLE IV—GUN CRIME

2 PENALTIES

3 SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTO4 MATIC FIREARM DURING A CRIME OF VIO5 LENCE OR A DRUG TRAFFICKING CRIME.

6 (a) AMENDMENT TO SENTENCING GUIDELINES.—Pur7 suant to its authority under section 994 of title 28, United

8 States Code, the United States Sentencing Commission

9 shall amend its sentencing guidelines to provide an appro10 priate enhancement of the punishment for a crime of vio11 lence (as defined in section 924(c)(3) of title 18, United

12 States Code) or a drug trafficking crime (as defined in sec13 tion 924(c)(2) of title 18, United States Code) if a semiauto14 matic firearm is involved.

15 (b) SEMIAUTOMATIC FIREARM.—In subsection (a),

16 ‘‘semiautomatic firearm’’ means any repeating firearm that

17 utilizes a portion of the energy of a firing cartridge to ex18 tract the fired cartridge case and chamber the next round

19 and that requires a separate pull of the trigger to fire each

20 cartridge.

21 SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF

22 USING AN EXPLOSIVE TO COMMIT A FELONY.

23 Pursuant to its authority under section 994 of title

24 28, United States Code, the United States Sentencing Com25 mission shall promulgate amendments to the sentencing
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1 guidelines to appropriately enhance penalties in a case in

2 which a defendant convicted under section 844(h) of title

3 18, United States Code, has previously been convicted under

4 that section.

5 SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF6 FICKING.

7 Section 924 of title 18, United States Code, as amend8 ed by section 213, is amended by adding at the end the

9 following new subsection:

10 ‘‘(j) A person who, with intent to engage in or to pro11 mote conduct that—

12 ‘‘(1) is punishable under the Controlled Sub13 stances Act (21 U.S.C. 801 et seq.), the Controlled

14 Substances Import and Export Act (21 U.S.C. 951 et

15 seq.), or the Maritime Drug Law Enforcement Act (46

16 U.S.C. App. 1901 et seq.);

17 ‘‘(2) violates any law of a State relating to any

18 controlled substance (as defined in section 102 of the

19 Controlled Substances Act, 21 U.S.C. 802); or

20 ‘‘(3) constitutes a crime of violence (as defined in

21 subsection (c)(3),

22 smuggles or knowingly brings into the United States a fire23 arm, or attempts to do so, shall be imprisoned not more

24 than 10 years, fined under this title, or both.’’.
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1 SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.

2 (a) FIREARMS.—Section 924 of title 18, United States

3 Code, as amended by section 403(a), is amended by adding

4 at the end the following new subsection:

5 ‘‘(k) A person who steals any firearm which is moving

6 as, or is a part of, or which has moved in, interstate or

7 foreign commerce shall be imprisoned for not more than 10

8 years, fined under this title, or both.’’.

9 (b) EXPLOSIVES.—Section 844 of title 18, United

10 States Code, is amended by adding at the end the following

11 new subsection:

12 ‘‘(k) A person who steals any explosives materials

13 which are moving as, or are a part of, or which have moved

14 in, interstate or foreign commerce shall be imprisoned for

15 not more than 10 years, fined under this title, or both.’’.

16 SEC. 405. REVOCATION OF SUPERVISED RELEASE.

17 Section 3583 of title 18, United States Code, is amend18 ed by striking subsection (g) and inserting the following:

19 ‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF

20 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

21 TO COOPERATE WITH DRUG TESTING.—If the defendant—

22 ‘‘(1) possesses a controlled substance in violation

23 of the condition set forth in subsection (d);

24 ‘‘(2) possesses a firearm, as such term is defined

25 in section 921 of this title, in violation of Federal

26 law, or otherwise violates a condition of supervised
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1 release prohibiting the defendant from possessing a

2 firearm; or

3 ‘‘(3) refuses to cooperate in drug testing imposed

4 as a condition of supervised release,

5 the court shall revoke the term of supervised release and re6 quire the defendant to serve a term of imprisonment not

7 to exceed the maximum term of imprisonment authorized

8 under subsection (e)(3).’’.

9 SEC. 406. REVOCATION OF PROBATION.

10 (a) CONTINUATION OR REVOCATION.—Section 3565(a)

11 of title 18, United States Code, is amended—

12 (1) in paragraph (2) by striking ‘‘impose any

13 other sentence that was available under subchapter A

14 at the time of the initial sentencing’’ and inserting

15 ‘‘resentence the defendant under subchapter A’’; and

16 (2) by striking the last sentence.

17 (b) MANDATORY REVOCATION.—Section 3565(b) of

18 title 18, United States Code, is amended to read as follows:

19 ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF

20 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

21 TO COOPERATE WITH DRUG TESTING.—If the defendant—

22 ‘‘(1) possesses a controlled substance in violation

23 of the condition set forth in section 3563(a)(3);

24 ‘‘(2) possesses a firearm (as defined in section

25 921) in violation of Federal law or otherwise violates
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1 a condition of probation prohibiting the defendant

2 from possessing a firearm; or

3 ‘‘(3) refuses to cooperate in drug testing in viola4 tion of the condition imposed under subsection (a)(4),

5 the court shall revoke the sentence of probation and

6 resentence the defendant under subchapter A to a sentence

7 that includes a term of imprisonment.’’.

8 SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING

9 FALSE, MATERIAL STATEMENT IN CONNEC10 TION WITH THE ACQUISITION OF A FIREARM

11 FROM A LICENSED DEALER.

12 Section 924(a) of title 18, United States Code, is

13 amended—

14 (1) in paragraph (a)(1)(B) by striking ‘‘(a)(6),’’;

15 and

16 (2) in subsection (a)(2) by inserting ‘‘(a)(6),’’

17 after ‘‘subsections’’.

18 SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND

19 OTHERS.

20 Section 842(i) of title 18, United States Code, is

21 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

22 SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUB23 JECT TO FORFEITURE.

24 Section 844(c) of title 18, United States Code, is

25 amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

2 (2) by adding at the end the following new para3 graphs:

4 ‘‘(2) Notwithstanding paragraph (1), in the case of the

5 seizure of any explosive materials for any offense for which

6 the materials would be subject to forfeiture in which it

7 would be impracticable or unsafe to remove the materials

8 to a place of storage or would be unsafe to store them, the

9 seizing officer may destroy the explosive materials forth10 with. Any destruction under this paragraph shall be in the

11 presence of at least 1 credible witness. The seizing officer

12 shall make a report of the seizure and take samples as the

13 Secretary may by regulation prescribe.

14 ‘‘(3) Within 60 days after any destruction made pur15 suant to paragraph (2), the owner of (including any person

16 having an interest in) the property so destroyed may make

17 application to the Secretary for reimbursement of the value

18 of the property. If the claimant establishes to the satisfac19 tion of the Secretary that—

20 ‘‘(A) the property has not been used or involved

21 in a violation of law; or

22 ‘‘(B) any unlawful involvement or use of the

23 property was without the claimant’s knowledge, con24 sent, or willful blindness,
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1 the Secretary shall make an allowance to the claimant not

2 exceeding the value of the property destroyed.’’.

3 SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELAT4 ING TO PAROLE.

5 (a) SECTION (e)(1) OF TITLE 18.—Section 924(e)(1)

6 of title 18, United States Code, is amended by striking ‘‘,

7 and such person shall not be eligible for parole with respect

8 to the sentence imposed under this subsection’’.

9 (b) SECTION 924(c)(1) OF TITLE 18.—Section

10 924(c)(1) of title 18, United States Code, is amended by

11 striking ‘‘No person sentenced under this subsection shall

12 be eligible for parole during the term of imprisonment im13 posed under this subsection.’’.

14 SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLV15 ING STOLEN FIREARMS WHICH HAVE MOVED

16 IN INTERSTATE OR FOREIGN COMMERCE.

17 Section 922(j) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(j) It shall be unlawful for any person to receive, pos20 sess, conceal, store, barter, sell, or dispose of any stolen fire21 arm or stolen ammunition, or pledge or accept as security

22 for a loan any stolen firearm or stolen ammunition, which

23 is moving as, which is a part of, which constitutes, or which

24 has been shipped or transported in, interstate or foreign

25 commerce, either before or after it was stolen, knowing or
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1 having reasonable cause to believe that the firearm or am2 munition was stolen.’’.

3 SEC. 412. USING A FIREARM IN THE COMMISSION OF COUN4 TERFEITING OR FORGERY.

5 Pursuant to its authority under section 994 of title

6 28, United States Code, the United States Sentencing Com7 mission shall amend its sentencing guidelines to provide an

8 appropriate enhancement of the punishment for a defendant

9 convicted of a felony under chapter 25 of title 18, United

10 States Code, if the defendant used or carried a firearm (as

11 defined in section 921(a)(3) of title 18, United States Code)

12 during and in relation to the felony.

13 SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSES14 SION BY VIOLENT FELONS AND SERIOUS

15 DRUG OFFENDERS.

16 Pursuant to its authority under section 994 of title

17 28, United States Code, the United States Sentencing Com18 mission shall amend its sentencing guidelines to—

19 (1) appropriately enhance penalties in cases in

20 which a defendant convicted under section 922(g) of

21 title 18, United States Code, has 1 prior conviction

22 by any court referred to in section 922(g)(1) of title

23 18 for a violent felony (as defined in section

24 924(e)(2)(B) of that title) or a serious drug offense (as

25 defined in section 924(e)(2)(A) of that title); and
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1 (2) appropriately enhance penalties in cases in

2 which such a defendant has 2 prior convictions for a

3 violent felony (as so defined) or a serious drug offense

4 (as so defined).

5 SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.

6 Section 922(a) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (7);

10 (2) by striking the period at the end of para11 graph (8) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(9) for any person, other than a licensed im15 porter, licensed manufacturer, licensed dealer, or li16 censed collector, who does not reside in any State to

17 receive any firearms unless such receipt is for lawful

18 sporting purposes.’’.

19 SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.

20 (a) FIREARMS.—Section 924 of title 18, United States

21 Code, as amended by section 404(a), is amended by adding

22 at the end the following new subsection:

23 ‘‘(l) A person who conspires to commit any offense

24 under this chapter shall be subject to the same penalties as
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1 those prescribed for the offense the commission of which was

2 the object of the conspiracy, except that—

3 ‘‘(1) in the case of a conspiracy to commit an of4 fense under subsection (c) of this section, the author5 ized term of imprisonment shall be any term of years

6 not exceeding 20; and

7 ‘‘(2) if the firearm is a machinegun or destruc8 tive device, or is equipped with a firearm silencer or

9 muffler, the authorized term of imprisonment shall be

10 any term of years or life.’’.

11 (b) EXPLOSIVES.—Section 844 of title 18, United

12 States Code, as amended by section 404(b), is amended by

13 adding at the end the following new subsection:

14 ‘‘(l) A person who conspires to commit any offense

15 under this chapter shall be subject to the same penalties as

16 those prescribed for the offense the commission of which was

17 the object of the conspiracy, except that in the case of a

18 conspiracy to commit an offense under subsection (h) of this

19 section, the authorized term of imprisonment shall be any

20 term of years not exceeding 20.

21 SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO

22 CONGRESS.

23 (a) STUDY.—The Secretary of the Treasury shall con24 duct a study of the incendiary ammunition offered for sale

25 under the brand name ‘‘Dragon’s Breath’’ and also known
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1 as the ‘‘Three Second Flame Thrower’’, and all incendiary

2 ammunition of similar function or effect, for the purpose

3 of determining whether there is a reasonable sporting use

4 for such ammunition and whether there is a reasonable use

5 for such ammunition in law enforcement.

6 (b) REPORT TO THE CONGRESS.—Not later than 1

7 year after the date of enactment of this Act, the Secretary

8 of the Treasury shall submit to the Committee on the Judi9 ciary of the House of Representatives a report containing

10 the results of the study required by subsection (a) and rec11 ommendations for such legislative or administrative action,

12 with respect to the ammunition referred to in subsection

13 (a), as the Secretary deems appropriate.

14 SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LI15 CENSEE.

16 (a) FIREARMS.—Section 924 of title 18, United States

17 Code, as amended by section 415(a), is amended by adding

18 at the end the following new subsection:

19 ‘‘(m) A person who steals any firearm from a licensed

20 importer, licensed manufacturer, licensed dealer, or licensed

21 collector shall be fined under this title, imprisoned not more

22 than 10 years, or both.’’.

23 (b) EXPLOSIVES.—Section 844 of title 18, United

24 States Code, as amended by section 415(b), is amended by

25 adding at the end the following new subsection:
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1 ‘‘(m) A person who steals any explosive material from

2 a licensed importer, licensed manufacturer, or licensed deal3 er, or from any permittee shall be fined under this title,

4 imprisoned not more than 10 years, or both.’’.

5 SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PER6 SONS.

7 Section 842(d) of title 18, United States Code, is

8 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

9 SEC. 419. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE

10 ARMED CAREER CRIMINAL STATUTE.

11 Section 924(e)(2) of title 18, United States Code, is

12 amended—

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (B)(ii);

15 (2) by striking the period at the end of subpara16 graph (C) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following new sub18 paragraph:

19 ‘‘(D) the term ‘burglary’ means any crime pun20 ishable by a term of imprisonment exceeding 1 year

21 and consisting of entering or remaining surrep22 titiously within a building that is the property of an23 other with intent to engage in conduct constituting a

24 Federal or State offense.’’.
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1 SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN

2 TRAFFICKING.

3 Section 924 of title 18, United States Code, as amend4 ed by section 417(a), is amended by adding at the end the

5 following new subsection:

6 ‘‘(n) A person who, with the intent to engage in con7 duct that constitutes a violation of section 922(a)(1)(A),

8 travels from any State or foreign country into any other

9 State and acquires, or attempts to acquire, a firearm in

10 such other State in furtherance of such purpose shall be im11 prisoned for not more than 10 years.’’.

12 TITLE V—OBSTRUCTION OF

13 JUSTICE

14 SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

15 Section 1503 of title 18, United States Code, is amend16 ed—

17 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

18 (2) by striking ‘‘fined not more than $5,000 or

19 imprisoned not more than five years, or both.’’ and

20 inserting ‘‘punished as provided in subsection (b).’’;

21 (3) by adding at the end the following new sub22 section:

23 ‘‘(b) The punishment for an offense under this section

24 is—

25 ‘‘(1) in the case of a killing, the punishment pro26 vided in sections 1111 and 1112;
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1 ‘‘(2) in the case of an attempted killing, or a

2 case in which the offense was committed against a

3 petit juror and in which a class A or B felony was

4 charged, imprisonment for not more than 20 years;

5 and

6 ‘‘(3) in any other case, imprisonment for not

7 more than 10 years.’’; and

8 (4) in subsection (a), as designated by para9 graph (1), by striking ‘‘commissioner’’ each place it

10 appears and inserting ‘‘magistrate judge’’.

11 SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WIT12 NESSES, VICTIMS AND INFORMANTS.

13 Section 1513 of title 18, United States Code, is amend14 ed—

15 (1) by redesignating subsections (a) and (b) as

16 subsections (b) and (c), respectively; and

17 (2) by inserting after the section heading the fol18 lowing new subsection:

19 ‘‘(a)(1) Whoever kills or attempts to kill another person

20 with intent to retaliate against any person for—

21 ‘‘(A) the attendance of a witness or party at an

22 official proceeding, or any testimony given or any

23 record, document, or other object produced by a wit24 ness in an official proceeding; or
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1 ‘‘(B) any information relating to the commission

2 or possible commission of a Federal offense or a viola3 tion of conditions of probation, parole, or release

4 pending judicial proceedings given by a person to a

5 law enforcement officer; shall be punished as provided

6 in paragraph (2).

7 ‘‘(2) The punishment for an offense under this sub8 section is—

9 ‘‘(A) in the case of a killing, the punishment pro10 vided in sections 1111 and 1112; and

11 ‘‘(B) in the case of an attempt, imprisonment for

12 not more than 20 years.’’.

13 SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAP14 ITAL CASES.

15 Section 3432 of title 18, United States Code, is amend16 ed by inserting before the period the following: ‘‘, except that

17 such list of the veniremen and witnesses need not be fur18 nished if the court finds by a preponderance of the evidence

19 that providing the list may jeopardize the life or safety of

20 any person’’.
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1 SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OF2 FICIALS ASSISTING FEDERAL LAW ENFORCE3 MENT OFFICIALS.

4 (a) IN GENERAL.—Chapter 51 of title 18, United

5 States Code, as amended by section 112(a), is amended by

6 adding at the end the following new section:

7 ‘‘§ 1120. Killing persons aiding Federal investigations

8 ‘‘A person who intentionally kills—

9 ‘‘(1) a State or local official, law enforcement of10 ficer, or other officer or employee while working with

11 Federal law enforcement officials in furtherance of a

12 Federal criminal investigation—

13 ‘‘(A) while the victim is engaged in the per14 formance of official duties;

15 ‘‘(B) because of the performance of the vic16 tim’s official duties; or

17 ‘‘(C) because of the victim’s status as a pub18 lic servant; or

19 ‘‘(2) any person assisting a Federal criminal in20 vestigation, while that assistance is being rendered

21 and because of it,

22 shall be sentenced as provided in section 1111, including

23 by sentence of death or by imprisonment for life.’’.

24 (b) TECHNICAL AMENDMENT.—The chapter analysis

25 for chapter 51 of title 18, United States Code, as amended
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1 by section 112(b), is amended by adding at the end the fol2 lowing new item:

‘‘1120. Killing persons aiding Federal investigations.’’.

3 SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WIT4 NESSES.

5 Section 1512(a)(2)(A) of title 18, United States Code,

6 is amended to read as follows:

7 ‘‘(A) in the case of murder (as defined in section

8 1111), the death penalty or imprisonment for life,

9 and in the case of any other killing, the punishment

10 provided in section 1112;’’.

11 TITLE VI—GANGS, JUVENILES,

12 DRUGS, AND PROSECUTORS

13 SEC. 601. SHORT TITLE.

14 This title may be cited as the ‘‘Anti-Gang and Youth

15 Protection Act of 1993’’.

16 Subtitle A—Criminal Youth Gangs

17 SEC. 611. CRIMINAL STREET GANGS OFFENSES.

18 (a) OFFENSE.—Title 18, United States Code, is

19 amended by inserting after chapter 93 the following new

20 chapter:

21 ‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN

22 CRIMINAL STREET GANGS AND GANG CRIME

‘‘Sec.

‘‘1930. Crimes in furtherance of gangs.

‘‘1931. Prohibited activity.

‘‘1932. Penalties.

‘‘1933. Joinder.
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1 ‘‘§ 1930. Crimes in furtherance of gangs

2 ‘‘(a) FINDINGS.—The Congress makes the following

3 findings:

4 ‘‘(1) Criminal street gangs have become increas5 ingly prevalent and entrenched in our society in the

6 last several decades. In many areas of the country,

7 these gangs exert considerable control over other mem8 bers of their community, particularly through the use

9 of violence and drugs. Criminal street gangs have also

10 become more national in scope, extending their influ11 ence beyond the urban areas in which they originated.

12 ‘‘(2) The major activities of criminal street

13 gangs are crimes of violence and the distribution and

14 use of illegal drugs. It is through these activities that

15 criminal street gangs directly affect interstate and

16 foreign commerce, even when their particular activi17 ties, viewed in isolation, appear to be purely intra18 state in character.

19 ‘‘(b) BASIS FOR CHAPTER.—On the basis of the find20 ings stated in subsection (a), the Congress determines that

21 the provisions of this chapter are necessary and proper for

22 the purpose of carrying into execution the powers of Con23 gress to regulate commerce and to establish criminal law.

24 ‘‘§ 1931. Prohibited activity

25 ‘‘(a) DEFINITIONS.—In this chapter—
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1 ‘‘ ‘criminal street gang’ means an organization

2 or group of 5 or more persons, whether formal or in3 formal, who act in concert, or agree to act in concert,

4 for a period in excess of 30 days, with a purpose that

5 any of those persons alone, or in any combination,

6 commit or will commit, 2 or more predicate gang

7 crimes, 1 of which must occur after the date of enact8 ment of this chapter and the last of which occurred

9 within 10 years (excluding any period of imprison10 ment) after the commission of a prior predicate gang

11 crime.

12 ‘‘ ‘participate in a criminal street gang’ means

13 to act in concert with a criminal street gang with in14 tent to commit, or with the intent that any other per15 son associated with the criminal street gang will com16 mit, 1 or more predicate gang crimes.

17 ‘‘ ‘predicate gang crime’ means—

18 ‘‘(A) any act or threat, or attempted act or

19 threat, which is chargeable under Federal or

20 State law and punishable by imprisonment for

21 more than 1 year, involving murder, attempted

22 murder, voluntary manslaughter, kidnapping,

23 robbery, extortion, arson, obstruction of justice,

24 tampering with or retaliating against a witness,

25 victim, or informant, or manufacturing, import-
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1 ing, receiving, concealing, purchasing, selling,

2 possessing, or otherwise dealing in a controlled

3 substance or controlled substance analogue (as

4 those terms are defined in section 102 of the Con5 trolled Substances Act (21 U.S.C. 802));

6 ‘‘(B) any act punishable by imprisonment

7 for more than 1 year under section 922 or 924

8 (a)(2), (b), (c), (g), or (h) (relating to receipt,

9 possession, and transfer of firearms), section

10 1503 (relating to obstruction of justice), section

11 1510 (relating to obstruction of criminal inves12 tigations), section 1512 (relating to tampering

13 with a witness, victim, or informant), or section

14 1513 (relating to retaliating against a witness,

15 victim, or informant); or

16 ‘‘(C) any act punishable under subsection

17 (b)(5).

18 ‘‘ ‘State’ means a State, the District of Columbia,

19 and any commonwealth, territory, or possession of the

20 United States.

21 ‘‘(b) UNLAWFUL ACTS.—It shall be unlawful—

22 ‘‘(1) to commit, or to attempt to commit, a pred23 icate gang crime with intent to promote or further the

24 activities of a criminal street gang or for the purpose
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1 of gaining entrance to or maintaining or increasing

2 position in such a gang;

3 ‘‘(2) to participate, or attempt to participate, in

4 a criminal street gang, or conspire to do so;

5 ‘‘(3) to command, counsel, persuade, induce, en6 tice, or coerce any individual to participate in a

7 criminal street gang;

8 ‘‘(4) to employ, use, command, counsel, persuade,

9 induce, entice, or coerce any individual to commit,

10 cause to commit, or facilitate the commission of, a

11 predicate gang crime, with intent to promote the ac12 tivities of a criminal street gang or for the purpose

13 of gaining entrance to or maintaining or increasing

14 position in such a gang; or

15 ‘‘(5) to use any communication facility, as de16 fined in section 403(b) of the Controlled Substances

17 act (21 U.S.C. 843(b)), in causing or facilitating the

18 commission, or attempted commission, of a predicate

19 gang crime with intent to promote or further the ac20 tivities of a criminal street gang or for the purpose

21 of gaining entrance to or maintaining or increasing

22 position in such a gang. Each separate use of a com23 munication facility shall be a separate offense under

24 this subsection.
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1 ‘‘§ 1932. Penalties

2 ‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IMPRIS3 ONMENT.—A person who violates section 1931(b) (1) or (2)

4 shall be punished by imprisonment for not more than 20

5 years, or by imprisonment for any term of years or for life

6 if the violation is based on a predicate gang crime for which

7 the maximum penalty includes life imprisonment, and if

8 a person commits such a violation after 1 or more prior

9 convictions for such a predicate gang crime, that is not part

10 of the instant violation, such person shall be sentenced to

11 a term of imprisonment which shall not be less than 10

12 years and which may be for any term of years exceeding

13 10 years or for life.

14 ‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—A per15 son who violates section 1931(b) (3) or (4) shall be sentenced

16 to imprisonment for not less than 5 nor more than 10 years,

17 and if a person who was the subject of the act was less than

18 18 years of age, to imprisonment for 10 years. A term of

19 imprisonment under this subsection shall run consecutively

20 to any other term of imprisonment, including that imposed

21 for any other violation of this chapter.

22 ‘‘(c) PENALTIES OF UP TO 5 YEARS.—A person who

23 violates section 1931(b)(5) shall be punished by imprison24 ment for not more than 5 years.

25 ‘‘(d) ADDITIONAL PENALTIES.—
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1 ‘‘(1) IN GENERAL.—In addition to the other pen2 alties authorized by this section—

3 ‘‘(A) a person who violates section 1931(b)

4 (1) or (2), 1 of whose predicate gang crimes in5 volves murder or conspiracy to commit murder

6 which results in the taking of a life, and who

7 commits, counsels, commands, induces, procures,

8 or causes that murder, shall be punished by

9 death or by imprisonment for life;

10 ‘‘(B) a person who violates section 1931(b)

11 (1) or (2), 1 of whose predicate gang crimes in12 volves attempted murder or conspiracy to com13 mit murder, shall be sentenced to a term of im14 prisonment which shall not be less than 20 years

15 and which may be for any term of years exceed16 ing 20 years or for life; and

17 ‘‘(C) a person who violates section 1931(b)

18 (1) or (2), and who at the time of the offense oc19 cupied a position of organizer or supervisor, or

20 other position of management in that street

21 gang, shall be sentenced to a term of imprison22 ment which shall not be less than 15 years and

23 which may be for any term of years exceeding 15

24 years or for life.
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1 ‘‘(2) PRESUMPTION.—For purposes of paragraph

2 (1)(C), if it is shown that the defendant counseled,

3 commanded, induced, or procured 5 or more individ4 uals to participate in a street gang, there shall be a

5 rebuttable presumption that the defendant occupied a

6 position of organizer, supervisor, or other position of

7 management in the gang.

8 ‘‘(e) FORFEITURE.—

9 ‘‘(1) IN GENERAL.—A person who violates sec10 tion 1931(b) (1) or (2) shall, in addition to any other

11 penalty and irrespective of any provision of State

12 law, forfeit to the United States—

13 ‘‘(A) any property constituting, or derived

14 from, any proceeds the person obtained, directly

15 or indirectly, as a result of the violation; and

16 ‘‘(B) any property used, or intended to be

17 used, in any manner or part, to commit, or to

18 facilitate the commission of, the violation.

19 ‘‘(2) APPLICATION OF CONTROLLED SUBSTANCES

20 ACT.—Section 413 (b), (c), (e), (f), (g), (h), (i), (j),

21 (k), (l), (m), (n), (o), and (p) of the Controlled Sub22 stances Act (21 U.S.C. 853 (b), (c), and (e), (f), (g),

23 (h), (i), (j), (k), (l), (m), (n), (o), and (p)) shall apply

24 to a forfeiture under this section.
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1 ‘‘§ 1933. Joinder

2 ‘‘In a prosecution of an offense under this chapter

3 charging a conspiracy to commit an offense, the trial of

4 all of the alleged conspirators shall be joined in a single

5 district court, and a motion to transfer shall not be granted

6 unless the interest of justice so requires.’’;

7 (b) TECHNICAL AMENDMENT.—The part analysis for

8 part I of title 18, United States Code, is amended by insert9 ing after the item for chapter 93 the following new item:

‘‘94. Prohibited participation in criminal street gangs

and gang crimes ......................................................... 1930’’.

10 (c) SENTENCING GUIDELINES INCREASE FOR GANG

11 CRIMES.—(1) The United States Sentencing Commission

12 shall at the earliest opportunity amend the sentencing

13 guidelines to increase by at least 4 levels the base offense

14 level for any felony committed for the purpose of gaining

15 entrance into, or maintaining or increasing position in, a

16 criminal street gang. For purposes of this subsection,

17 ‘‘criminal street gang’’ means any organization, or group,

18 of 5 or more individuals, whether formal or informal, who

19 act in concert, or agree to act in concert, for a period in

20 excess of 30 days, with the intent that any of those individ21 uals alone, or in any combination, commit or will commit,

22 2 or more acts punishable under State or Federal law by

23 imprisonment for more than 1 year.
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1 (2) The United States Sentencing Commission shall re2 view and, if necessary, amend its sentencing guidelines to

3 provide that activity of a defendant as an organizer or lead4 er of a criminal street gang shall be an aggravating factor

5 in determining a sentence for an offense under chapter 26

6 of title 18, United States Code.

7 SEC. 612. CRIMES INVOLVING THE USE OF MINORS AS RICO

8 PREDICATES.

9 Section 1961(1) of title 18, United States Code, is

10 amended—

11 (1) by striking ‘‘or’’ before ‘‘(E)’’; and

12 (2) by inserting before the semicolon at the end

13 of the paragraph the following: ‘‘, or (F) any offense

14 against the United States that is punishable by im15 prisonment for more than 1 year and that involved

16 the use of a person below the age of 18 years in the

17 commission of the offense’’.

18 SEC. 613. SERIOUS JUVENILE DRUG OFFENSES AS ARMED

19 CAREER CRIMINAL ACT PREDICATES.

20 Section 924(e)(2)(A) of title 18, United States Code,

21 is amended—

22 (1) by striking ‘‘or’’ at the end of clause (i);

23 (2) by striking ‘‘and’’ at the end of clause (ii)

24 and inserting ‘‘or’’; and

25 (3) by adding at the end the following:
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1 ‘‘(iii) any act of juvenile delinquency

2 that if committed by an adult would be a

3 serious drug offense described in this para4 graph; and’’.

5 SEC. 614. ADULT PROSECUTION OF SERIOUS JUVENILE OF6 FENDERS.

7 Section 5032 of title 18, United States Code, is amend8 ed—

9 (1) in the first undesignated paragraph—

10 (A) by striking ‘‘an offense described in sec11 tion 401 of the Controlled Substances Act (21

12 U.S.C 841), or section 1002(a), 1003, 1005,

13 1009, or 1010(b)(1), (2), or (3) of the Controlled

14 Substances Import and Export Act (21 U.S.C.

15 952(a), 953, 955, 959, 960(b)(1), (2), (3)),’’ and

16 inserting ‘‘an offense (or a conspiracy or attempt

17 to commit an offense) described in section 401,

18 or 404 (insofar as the violation involves more

19 than 5 grams of a mixture or substance which

20 contains cocaine base), of the Controlled Sub21 stances Act (21 U.S.C. 841, 844, or 846), section

22 1002(a), 1003, 1005, 1009, 1010(b)(1), (2), or

23 (3), of the Controlled Substances Import and Ex24 port Act (21 U.S.C. 952(a), 953, 955, 959,

25 960(b)(1), (2), or (3), or 963),’’; and
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1 (B) by striking ‘‘922(p)’’ and inserting

2 ‘‘924(b), (g), or (h)’’;

3 (2) in the fourth undesignated paragraph—

4 (A) by striking ‘‘an offense described in sec5 tion 401 of the Controlled Substances Act (21

6 U.S.C. 841), or section 1002(a), 1005, or 1009 of

7 the Controlled Substances Import and Export

8 Act (21 U.S.C. 952(a), 955, 959)’’ and inserting

9 ‘‘an offense (or a conspiracy or attempt to com10 mit an offense) described in section 401, or 404

11 (insofar as the violation involves more than 5

12 grams of a mixture or substance which contains

13 cocaine base), of the Controlled Substances Act

14 (21 U.S.C. 841, 844, or 846), section 1002(a),

15 1005, 1009, 1010(b)(1), (2), or (3), of the Con16 trolled Substances Import and Export Act (21

17 U.S.C. 952(a), 955, 959, 960(b)(1), (2), or (3), or

18 963), or section 924(b), (g), or (h) of this title,’’;

19 and

20 (B) by striking ‘‘subsection (b)(1)(A), (B),

21 or (C), (d), or (e) of section 401 of the Controlled

22 Substances Act, or section 1002(a), 1003, 1009,

23 or 1010(b)(1), (2), or (3) of the Controlled Sub24 stances Import and Export Act (21 U.S.C.

25 952(a), 953, 959, 960(b)(1), (2), (3))’’ and in-
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1 serting ‘‘or an offense (or conspiracy or attempt

2 to commit an offense) described in section

3 401(b)(1)(A), (B), or (C), (d), or (e), or 404 (in4 sofar as the violation involves more than 5

5 grams of a mixture or substance which contains

6 cocaine base), of the Controlled Substances Act

7 (21 U.S.C. 841(b)(1)(A), (B), or (C), (d), or (e),

8 844, or 846) or section 1002(a), 1003, 1009,

9 1010(b)(1), (2), or (3) of the Controlled Sub10 stances Import and Export Act (21 U.S.C.

11 952(a), 953, 959, 960(b)(1), (2), or (3), or 963)’’;

12 and

13 (3) in the fifth undesignated paragraph by add14 ing at the end the following: ‘‘In considering the na15 ture of the offense, as required by this paragraph, the

16 court shall consider the extent to which the juvenile

17 played a leadership role in an organization, or other18 wise influenced other persons to take part in criminal

19 activities, involving the use or distribution of con20 trolled substances or firearms. Such a factor, if found

21 to exist, shall weigh heavily in favor of a transfer to

22 adult status, but the absence of this factor shall not

23 preclude such a transfer.’’.
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1 SEC. 615. INCREASED PENALTIES FOR EMPLOYING CHIL2 DREN TO DISTRIBUTE DRUGS NEAR SCHOOLS

3 AND PLAYGROUNDS.

4 Section 419 of the Controlled Substances Act (21

5 U.S.C. 860) is amended—

6 (1) by redesignating subsections (c) and (d) as

7 subsections (d) and (e), respectively; and

8 (2) by inserting after subsection (b) the following

9 new subsection:

10 ‘‘(c) Notwithstanding any other law, any person at

11 least 18 years of age who knowingly and intentionally—

12 ‘‘(1) employs, hires, uses, persuades, induces, en13 tices, or coerces a person under 18 years of age to vio14 late this section; or

15 ‘‘(2) employs, hires, uses, persuades, induces, en16 tices, or coerces a person under 18 years of age to as17 sist in avoiding detection or apprehension for any of18 fense under this section by any Federal, State, or

19 local law enforcement official,

20 is punishable by a term of imprisonment, a fine, or both,

21 up to triple those authorized by section 401.’’.

22 SEC. 616. INCREASED PENALTIES FOR DRUG TRAFFICKING

23 NEAR PUBLIC HOUSING.

24 Section 419 of the Controlled Substances Act (21

25 U.S.C. 860) is amended—
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1 (1) in subsection (a) by striking ‘‘playground, or

2 within’’ and inserting ‘‘playground, or housing facil3 ity owned by a public housing authority, or within’’;

4 and

5 (2) in subsection (b) by striking ‘‘playground, or

6 within’’ and inserting ‘‘playground, or housing facil7 ity owned by a public housing authority, or within’’.

8 SEC. 617. INCREASED PENALTIES FOR TRAVEL ACT CRIMES

9 INVOLVING VIOLENCE AND CONSPIRACY TO

10 COMMIT CONTRACT KILLINGS.

11 (a) TRAVEL ACT PENALTIES.—Section 1952(a) of title

12 18, United States Code, is amended by striking ‘‘and there13 after performs or attempts to perform any of the acts speci14 fied in subparagraphs (1), (2), and (3), shall be fined not

15 more than $10,000 or imprisoned for not more than five

16 years, or both.’’ and inserting ‘‘and thereafter performs or

17 attempts to perform—

18 ‘‘(A) an act described in paragraph (1) or (3)

19 shall be fined under this title, imprisoned not more

20 than 5 years, or both; or

21 ‘‘(B) an act described in paragraph (2) shall be

22 fined under this title, imprisoned for not more than

23 20 years, or both, and if death results shall be impris24 oned for any term of years or for life.’’.
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1 (b) MURDER CONSPIRACY PENALTIES.—Section

2 1958(a) of title 18, United States Code, is amended by in3 serting ‘‘or who conspires to do so’’ before ‘‘shall be fined’’

4 the first place it appears.

5 SEC. 618. AMENDMENTS CONCERNING RECORDS OF CRIMES

6 COMMITTED BY JUVENILES.

7 (a) Section 5038 of title 18, United States Code, is

8 amended by striking subsections (d) and (f), redesignating

9 subsection (e) as subsection (d), and by adding at the end

10 new subsections (e) and (f) as follows:

11 ‘‘(e) Whenever a juvenile has been found guilty of com12 mitting an act which if committed by an adult would be

13 an offense described in clause (3) of the first paragraph of

14 section 5032 of this title, the juvenile shall be fingerprinted

15 and photographed, and the fingerprints and photograph

16 shall be sent to the Federal Bureau of Investigation, Identi17 fication Division. The court shall also transmit to the Fed18 eral Bureau of Investigation, Identification Division, the

19 information concerning the adjudication, including name,

20 date of adjudication, court, offenses, and sentence, along

21 with the notation that the matter was a juvenile adjudica22 tion. The fingerprints, photograph, and other records and

23 information relating to a juvenile described in this sub24 section, or to a juvenile who is prosecuted as an adult, shall
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1 be made available in the manner applicable to adult defend2 ants.

3 ‘‘(f) In addition to any other authorization under this

4 section for the reporting, retention, disclosure, or availabil5 ity of records or information, if the law of the State in

6 which a Federal juvenile delinquency proceeding takes place

7 permits or requires the reporting, retention, disclosure, or

8 availability of records or information relating to a juvenile

9 or to a juvenile delinquency proceeding or adjudication in

10 certain circumstances, then such reporting, retention, dis11 closure, or availability is permitted under this section

12 whenever the same circumstances exist.’’.

13 (b) Section 3607 of title 18, United States Code, is re14 pealed, and the corresponding item in the chapter analysis

15 for chapter 229 of title 18 is deleted.

16 (c) Section 401(b)(4) of the Controlled Substances Act

17 (21 U.S.C. 841(b)(4)) is amended by striking ‘‘and section

18 3607 of title 18’’.

19 SEC. 619. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING

20 OBJECTIVE.

21 Section 501(b) of title I of the Omnibus Crime Control

22 and Safe Streets Act of 1968 (42 U.S.C. 3751) is amend23 ed—

24 (1) in paragraph (20) by striking ‘‘and’’ at the

25 end;
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1 (2) in paragraph (21) by striking the period and

2 inserting ‘‘; and’’; and

3 (3) by inserting after paragraph (21) the follow4 ing new paragraph:

5 ‘‘(22) law enforcement and prevention programs

6 relating to gangs, or to youth who are involved or at

7 risk of involvement in gangs.’’.

8 Subtitle B—Gang Prosecution

9 SEC. 621. ADDITIONAL PROSECUTORS.

10 There is authorized to be appropriated $20,000,000 for

11 each of fiscal years 1994, 1995, 1996, 1997, and 1998 for

12 the hiring of additional Assistant United States Attorneys

13 to prosecute violent youth gangs.

14 SEC. 622. GANG INVESTIGATION COORDINATION AND IN15 FORMATION COLLECTION.

16 (a) COORDINATION.—The Attorney General (or the At17 torney General’s designee), in consultation with the Sec18 retary of the Treasury (or the Secretary’s designee), shall

19 develop a national strategy to coordinate gang-related in20 vestigations by Federal law enforcement agencies.

21 (b) DATA COLLECTION.—The Director of the Federal

22 Bureau of Investigation shall acquire and collect informa23 tion on incidents of gang violence for inclusion in an an24 nual uniform crime report.
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1 (c) REPORT.—The Attorney General shall prepare a

2 report on national gang violence outlining the strategy de3 veloped under subsection (a) to be submitted to the Presi4 dent and Congress by January 1, 1995.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated to carry out this section

7 $1,000,000 for fiscal year 1994.

8 SEC. 623. CONTINUATION OF FEDERAL-STATE FUNDING

9 FORMULA.

10 Section 504(a)(1) of title I of the Omnibus Crime and

11 Safe Streets Act of 1968 (42 U.S.C. 3754(a)(1)) is amended

12 by striking ‘‘1992’’ and inserting ‘‘1993’’.

13 SEC. 624. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK

14 FORCES.

15 Section 504(f) of title I of the Omnibus Crime and Safe

16 Streets Act of 1968 (42 U.S.C. 3754(f)) is amended by in17 serting ‘‘and gang’’ after ‘‘Except for grants awarded to

18 State and local governments for the purpose of participat19 ing in multijurisdictional drug’’.
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1 Subtitle C—Grants Under the Juve2 nile Justice and Delinquency

3 Prevention Act of 1974

4 SEC. 631. JUVENILE DRUG TRAFFICKING AND GANG PRE5 VENTION GRANTS.

6 Part B of title II of the Juvenile Justice and Delin7 quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is

8 amended—

9 (1) by inserting after the part heading the fol10 lowing subpart heading:

11 ‘‘Subpart I—General Grant Programs’’;

12 and

13 (2) by adding at the end the following new sub14 part:

15 ‘‘Subpart II—Juvenile Drug Trafficking and Gang

16 Prevention Grants

17 ‘‘FORMULA GRANTS

18 ‘‘SEC. 231. (a) AUTHORIZATION.—The Administrator

19 may make grants to States, units of general local govern20 ment, private not-for-profit anticrime organizations, or

21 combinations thereof to assist them in planning, establish22 ing, operating, coordinating, and evaluating projects, di23 rectly or through grants and contracts with public and pri24 vate agencies, for the development of more effective pro-
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1 grams including prevention and enforcement programs to

2 reduce—

3 ‘‘(1) the formation or continuation of juvenile

4 gangs; and

5 ‘‘(2) the use and sale of illegal drugs by juve6 niles.

7 ‘‘(b) PARTICULAR PURPOSES.—The grants made

8 under this section can be used for any of the following spe9 cific purposes:

10 ‘‘(1) To reduce the participation of juveniles in

11 drug-related crimes (including drug trafficking and

12 drug use), particularly in and around elementary

13 and secondary schools.

14 ‘‘(2) To reduce juvenile involvement in organized

15 crime, drug and gang-related activity, particularly

16 activities that involve the distribution of drugs by or

17 to juveniles.

18 ‘‘(3) To develop within the juvenile justice sys19 tem, including the juvenile corrections system, inno20 vative means to address the problems of juveniles con21 victed of serious drug-related and gang-related of22 fenses.

23 ‘‘(4) To reduce juvenile drug and gang-related

24 activity in public housing projects.
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1 ‘‘(5) To develop and provide parenting classes to

2 parents of at-risk youth, giving parents the skills they

3 need to provide adequate care and supervision of such

4 youth and to counteract the influences leading youth

5 to a life of gangs, crime, and drugs.

6 ‘‘(6) To develop and provide training in methods

7 of nonviolent dispute resolution to youth of junior

8 high school and high school age.

9 ‘‘(7) To reduce and prevent juvenile drug and

10 gang-related activity in rural areas.

11 ‘‘(8) To provide technical assistance and train12 ing to personnel and agencies responsible for the adju13 dicatory and corrections components of the juvenile

14 justice system to—

15 ‘‘(A) identify drug-dependent or gang-in16 volved juvenile offenders; and

17 ‘‘(B) provide appropriate counseling and

18 treatment to such offenders.

19 ‘‘(9) To promote the involvement of all juveniles

20 in lawful activities, including in-school and after21 school programs for academic, athletic, or artistic en22 richment that also teach that drug and gang involve23 ment are wrong.

24 ‘‘(10) To facilitate Federal and State cooperation

25 with local school officials to develop education, pre-
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1 vention, and treatment programs for juveniles who

2 are likely to participate in drug trafficking, drug use,

3 or gang-related activities.

4 ‘‘(11) To prevent juvenile drug and gang involve5 ment in public housing projects through programs es6 tablishing youth sports and other activities, including

7 girls’ and boys’ clubs, scout troops, and little leagues.

8 ‘‘(12) To provide pre- and post-trial drug abuse

9 treatment to juveniles in the juvenile justice system

10 with the highest possible priority to providing drug

11 abuse treatment to drug-dependent pregnant juveniles

12 and drug-dependent juvenile mothers.

13 ‘‘(13) To provide education and treatment pro14 grams for juveniles exposed to severe violence in their

15 homes, schools, or neighborhoods.

16 ‘‘(14) To establish sports mentoring and coach17 ing programs in which athletes serve as role models

18 for juveniles to teach that athletics provides a positive

19 alternative to drug and gang involvement.

20 ‘‘AUTHORIZATION OF APPROPRIATIONS

21 ‘‘SEC. 232. There are authorized to be appropriated

22 $100,000,000 for fiscal year 1994 and such sums as are nec23 essary for fiscal year 1995 to carry out this subpart.

24 ‘‘ALLOCATION OF FUNDS

25 ‘‘SEC. 233. The amounts appropriated for this subpart

26 for any fiscal year shall be allocated as follows:
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1 ‘‘(1) $500,000 or 1.0 percent, whichever is great2 er, shall be allocated to each of the States.

3 ‘‘(2) Such sums as are necessary to carry out

4 section 235.

5 ‘‘(3) Of the funds remaining after the allocation

6 under paragraphs (1) and (2), there shall be allocated

7 to each State an amount that bears the same ratio to

8 the amount of remaining funds described in this

9 paragraph as the population of juveniles residing in

10 the State bears to the population of juveniles residing

11 in all the States.

12 ‘‘APPLICATION

13 ‘‘SEC. 234. (a) IN GENERAL.—Each State or entity

14 applying for a grant under section 231 shall submit an ap15 plication to the Administrator in such form and containing

16 such information as the Administrator shall prescribe.

17 ‘‘(b) REGULATIONS.—To the extent practicable, the

18 Administrator shall prescribe regulations governing appli19 cations for this subpart that are substantially similar to

20 the regulations governing applications required under sub21 part I of this part and subpart II of part C, including the

22 regulations relating to competition.

23 ‘‘MENTAL HEALTH SCREENING

24 ‘‘SEC. 235. (a) SENSE OF THE CONGRESS.—It is the

25 sense of the Congress that no child should have to be incar-
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1 cerated in a State youth center or detention facility solely

2 in order to receive mental health treatment.

3 ‘‘(b) IN GENERAL.—Not later than two years after the

4 date of enactment of this subpart, the Attorney General, act5 ing through the Administrator of the Office of Juvenile Jus6 tice and Delinquency Prevention, in collaboration with the

7 Secretary of Health and Human Services, acting through

8 the Administrator of Substance Abuse and Mental Health

9 Services Administration, shall, subject to the availability

10 of appropriations—

11 ‘‘(1) study the nature and prevalence of mental

12 illness among youth in the juvenile justice system at

13 several different points in the system, including the

14 arrest stage, the adjudication, and dispositional state,

15 and the commitment stage;

16 ‘‘(2) develop a model system that the States can

17 use to assess, diagnose, and treat the mental health

18 needs of youth who come in contact with the juvenile

19 justice system for mental illness; and

20 ‘‘(3) disseminate the results of the study and the

21 model to each State’s Juvenile Justice Advisory

22 Group.

23 ‘‘(c) STUDY.—The study should include analysis of—
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1 ‘‘(1) national prevalence of rates of the different

2 clinical categories of mental illness for youth who

3 come in contact with the juvenile justice system;

4 ‘‘(2) the prevalence of multiple mental disorders

5 among youth who have come in contact with the juve6 nile justice system;

7 ‘‘(3) recommendations to the Committee on the

8 Judiciary of the Senate and the Committees on Edu9 cation and Labor of the House of Representatives on

10 the appropriateness and need for further Federal ac11 tion; and

12 ‘‘(4) such other analysis as is appropriate.

13 ‘‘(d) MODEL.—The model should provide—

14 ‘‘(1) guidelines for accurate and timely assess15 ment, diagnosis, and treatment at several different

16 points in the juvenile justice system including the ar17 rest stage, the adjudication and dispositional stage,

18 and the commitment stage;

19 ‘‘(2) a method for fostering collaboration between

20 the mental health agencies, juvenile justice agencies,

21 educational agencies, social services agencies, sub22 stance abuse treatment agencies, police, and families;

23 ‘‘(3) a funding mechanism for the model; and

24 ‘‘(4) such other guidelines as are appropriate.’’.
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1 SEC. 632. CONFORMING REPEALER AND AMENDMENTS.

2 (a) REPEAL OF PART D.—Part D of title II of the

3 Juvenile Justice and Delinquency Prevention Act of 1974

4 (42 U.S.C. 5667 et seq.) is repealed, and part E of title

5 II of that Act is redesignated as part D.

6 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

7 291 of title II of the Juvenile Justice and Delinquency Pre8 vention Act of 1974 (42 U.S.C. 5671) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1) by striking ‘‘(1)’’ and

11 by striking ‘‘(other than part D)’’; and

12 (B) by striking paragraph (2); and

13 (2) in subsection (b) by striking ‘‘(other than

14 part D)’’.

15 SEC. 633. GRANTS FOR YOUTH DEVELOPMENT CENTERS.

16 Part B of title II of the Juvenile Justice and Delin17 quency Prevention Act of 1974 (42 U.S.C. 5631 et seq.),

18 as amended by section 611, is amended by adding at the

19 end the following new subpart:

20 ‘‘Subpart III—Youth Violence Prevention Block Grants

21 ‘‘SEC. 238. (a) IN GENERAL.—The Administrator of

22 the Office of Juvenile Justice and Delinquency Prevention

23 shall subject to availability of appropriations make grants

24 to States to assist the States in planning, establishing, oper25 ating, coordinating, and evaluating programs directly or

26 through grants and contracts with public and private agen-
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1 cies for the development of more effective education, train2 ing, research, prevention, diversion, treatment, and reha3 bilitation programs in the area of juvenile violence.

4 ‘‘(b) ISSUES TO BE ADDRESSED.—A program funded

5 under subsection (a) shall address issues identified as con6 tributing to youth violence, which may include—

7 ‘‘(1) conflict resolution programs in schools;

8 ‘‘(2) alternatives to school suspension;

9 ‘‘(3) juvenile court diversion programs; and

10 ‘‘(4) other innovative projects.

11 ‘‘(c) ALLOCATION OF FUNDS.—The amount appro12 priated under this section for a fiscal year shall be allocated

13 among the States by allocating to each State an amount

14 that bears the same proportion to the amount appropriated

15 as the number of residents of the State under the age of

16 18 years bears to the number of residents of all of the States

17 under the age of 18 years.

18 ‘‘(d) ADMINISTRATION.—Grants made under this sec19 tion shall be administered by the State office designated

20 under section 507 of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3757).

22 ‘‘(e) APPLICATIONS BY PUBLIC AND PRIVATE AGEN23 CIES.—

24 ‘‘(1) IN GENERAL.—A public or private agency

25 desiring to receive a grant or enter into a contract
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1 under this subpart shall submit an application at

2 such time, in such manner, and containing such in3 formation as the office described in subsection (d)

4 may prescribe.

5 ‘‘(2) CONTENTS.—In accordance with guidelines

6 established by the office described in subsection (d),

7 an application under paragraph (1) shall—

8 ‘‘(A) set forth a program or activity for car9 rying out 1 or more of the purposes described in

10 subsections (a) and (b) and specifically identify

11 each such purpose that the program or activity

12 is designed to carry out;

13 ‘‘(B) provide that the program or activity

14 will be administered by or under the supervision

15 of the applicant;

16 ‘‘(C) provide for the proper and efficient ad17 ministration of the program or activity;

18 ‘‘(D) provide for regular evaluation of the

19 program or activity;

20 ‘‘(E) provide an assurance that the pro21 posed program or activity will supplement, not

22 supplant, similar programs and activities al23 ready available in the community;
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1 ‘‘(F) describe how the program or activity

2 will be coordinated with programs, activities,

3 and services available locally;

4 ‘‘(G) provide that regular reports on such

5 program or activity shall be sent to the admin6 istering office named in subsection (d); and

7 ‘‘(H) provide for such fiscal control and

8 fund accounting procedures as may be necessary

9 to ensure prudent use, proper disbursement, and

10 accurate accounting of funds received under this

11 subpart.

12 ‘‘(f) MATCHING FUNDS REQUIREMENTS.—

13 ‘‘(1) FUNDS RECEIVED UNDER THIS SUBPART.—

14 Funds received through a grant under this section

15 may not be expended for more than 75 percent of the

16 cost of any program that is so funded.

17 ‘‘(2) FUNDS FROM OTHER SOURCES.—In provid18 ing for the 25 percent share of the cost of a program

19 from other sources, a State—

20 ‘‘(A) shall provide for such share through a

21 payment in cash or in kind, fairly evaluated, in22 cluding facilities, equipment, or services; and

23 ‘‘(B) may provide for such share through

24 State sources, local sources, private sources, non-
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1 profit sources, other Federal sources, or any com2 bination of these sources.

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $25,000,000 for each of fiscal years 1995 and 1996.’’.

6 Subtitle D—Bindover System for

7 Certain Violent Juveniles

8 SEC. 641. BINDOVER SYSTEM.

9 Section 501(b) of title I of the Omnibus Crime Control

10 and Safe Streets Act of 1968 (42 U.S.C. 3751), as amended

11 by section 1002, is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (21);

14 (2) by striking the period at the end of para15 graph (22) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following new para17 graph:

18 ‘‘(23) programs that address the need for effective

19 bindover systems for the prosecution of violent juve20 niles 13 years of age and older in courts with juris21 diction over adults for the crimes of—

22 ‘‘(A) murder in the first degree;

23 ‘‘(B) murder in the second degree;

24 ‘‘(C) attempted murder;
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1 ‘‘(D) armed robbery when armed with a

2 firearm;

3 ‘‘(E) aggravated battery or assault when

4 armed with a firearm;

5 ‘‘(F) criminal sexual penetration when

6 armed with a firearm; and

7 ‘‘(G) drive-by shootings as described in sec8 tion 36 of title 18, United States Code.’’.

9 Subtitle E—Federal Prosecutions

10 SEC. 651. PROSECUTION AS ADULTS OF VIOLENT JUVENILE

11 OFFENDERS.

12 Section 5032 of title 18, United States Code, is amend13 ed by adding at the end the following new paragraph:

14 ‘‘(A) Notwithstanding any other provision of this sec15 tion or any other law, a juvenile who was 13 years old or

16 older on the date of the commission of an offense under sec17 tion 113 (a), (b), or (c), 1111, 1113, 2111 or 2113 (if the

18 juvenile was in possession of a firearm during the offense),

19 or 2241 (a) or (c) (if the juvenile was in possession of a

20 firearm during the offense) shall be prosecuted as an adult

21 in Federal court. No juvenile prosecuted as an adult under

22 this paragraph shall be incarcerated in an adult prison.

23 ‘‘(B) If a juvenile prosecuted under this paragraph is

24 convicted, the juvenile shall be entitled to file a petition for
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1 resentencing pursuant to applicable sentencing guidelines

2 when he or she reaches the age of 16.

3 ‘‘(C) The United States Sentencing Commission shall

4 promulgate guidelines, or amend existing guidelines, if nec5 essary, to carry out the purposes of this section. For

6 resentencing determinations pursuant to subsection (b), the

7 Commission may promulgate guidelines, if necessary to

8 permit sentencing adjustments which may include adjust9 ments which provide for supervised release, for defendants

10 who have clearly demonstrated (i) an exceptional degree of

11 responsibility for the offense and (ii) a willingness and abil12 ity to refrain from further criminal conduct.

13 Subtitle F—Youth Handgun Safety

14 SEC. 661. FINDINGS AND DECLARATIONS.

15 The Congress finds and declares that—

16 (1) Crime, particularly crime involving drugs

17 and guns, is a pervasive, nationwide problem.

18 (2) Problems with crime at the local level are ex19 acerbated by the interstate movement of drugs, guns,

20 and criminal gangs.

21 (3) Firearms and ammunition, and handguns in

22 particular, move easily in interstate commerce, as

23 documented in numerous hearings in both the Judici24 ary Committee of the House of Representatives and

25 Judiciary Committee of the Senate.
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1 (4) In fact, even before the sale of a handgun, the

2 gun, its component parts, ammunition, and the raw

3 materials from which they are made have consider4 ably moved in interstate commerce.

5 (5) While criminals freely move from State to

6 State, ordinary citizens may fear to travel to or

7 through certain parts of the country due to the con8 cern that violent crime is not under control, and for9 eigners may decline to travel in the United States for

10 the same reason.

11 (6) Just as the hardened drug kingpins begin

12 their life in the illicit drug culture by exposure to

13 drugs at a young age, violent criminals often start

14 their criminal careers on streets where the ready

15 availability of guns to young people results in the ac16 ceptability of their random use.

17 (7) Violent crime and the use of illicit drugs go

18 hand-in-hand, and attempts to control one without

19 controlling the other may be fruitless.

20 (8) Individual States and localities find it im21 possible to handle the problem by themselves; even

22 States and localities that have made a strong effort to

23 prevent, detect, and punish crime find their effort

24 unavailing due in part to the failure or inability of

25 other States and localities to take strong measures.
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1 (9) Inasmuch as illicit drug activity and related

2 violent crime overflow State lines and national

3 boundaries, the Congress has power, under the inter4 state commerce clause and other provisions of the

5 Constitution, to enact measures to combat these prob6 lems.

7 (10) The Congress finds that it is necessary and

8 appropriate to assist the States in controlling crime

9 by stopping the commerce in handguns with juveniles

10 nationwide, and allowing the possession of handguns

11 by juveniles only when handguns are possessed and

12 used for legitimate purposes under appropriate condi13 tions.

14 SEC. 662. PROHIBITION OF THE POSSESSION OF A HAND15 GUN OR AMMUNITION BY, OR THE PRIVATE

16 TRANSFER OF A HANDGUN OR AMMUNITION

17 TO, A JUVENILE.

18 (a) DEFINITION.—Section 921(a) of title 18, United

19 States Code, is amended by adding at the end the following

20 new paragraph:

21 ‘‘(29) The term ‘handgun’ means—

22 ‘‘(A) a firearm that has a short stock and

23 is designed to be held and fired by the use of a

24 single hand; and
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1 ‘‘(B) any combination of parts from which

2 a firearm described in subparagraph (A) can be

3 assembled.’’.

4 (b) OFFENSE.—Section 922 of title 18, United States

5 Code, is amended by adding at the end the following new

6 subsection:

7 ‘‘(s)(1) It shall be unlawful for a person to sell, deliver,

8 or otherwise transfer to a person who the transferor knows

9 or has reasonable cause to believe is a juvenile—

10 ‘‘(A) a handgun; or

11 ‘‘(B) ammunition that is suitable for use only in

12 a handgun.

13 ‘‘(2) It shall be unlawful for any person who is a juve14 nile to knowingly possess—

15 ‘‘(A) a handgun; or

16 ‘‘(B) ammunition that is suitable for use only in

17 a handgun.

18 ‘‘(3) This subsection does not apply to—

19 ‘‘(A) a temporary transfer of a handgun or am20 munition to a juvenile or to the possession or use of

21 a handgun or ammunition by a juvenile if the hand22 gun and ammunition are possessed and used by the

23 juvenile—

24 ‘‘(i) in the course of employment, in the

25 course of ranching or farming related to activi-
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1 ties at the residence of the juvenile (or on prop2 erty used for ranching or farming at which the

3 juvenile, with the permission of the property

4 owner or lessee, is performing activities related

5 to the operation of the farm or ranch), target

6 practice, hunting, or a course of instruction in

7 the safe and lawful use of a handgun;

8 ‘‘(ii) with the prior written consent of the

9 juvenile’s parent or guardian who is not prohib10 ited by Federal, State, or local law from possess11 ing a firearm, except—

12 ‘‘(I) during transportation by the juve13 nile of an unloaded handgun in a locked

14 container directly from the place of transfer

15 to a place at which an activity described in

16 clause (i) is to take place and transpor17 tation by the juvenile of that handgun, un18 loaded and in a locked container, directly

19 from the place at which such an activity

20 took place to the transferor; or

21 ‘‘(II) with respect to ranching or farm22 ing activities as described in clause (i), a

23 juvenile may possess and use a handgun or

24 ammunition with the prior written ap25 proval of the juvenile’s parent or legal
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1 guardian and at the direction of an adult

2 who is not prohibited by Federal, State or

3 local law from possessing a firearm.

4 ‘‘(iii) the juvenile has the prior written con5 sent in the juvenile’s possession at all times when

6 a handgun is in the possession of the juvenile;

7 and

8 ‘‘(iv) in accordance with State and local

9 law;

10 ‘‘(B) a juvenile who is a member of the Armed

11 Forces of the United States or the National Guard

12 who possesses or is armed with a handgun in the line

13 of duty;

14 ‘‘(C) a transfer by inheritance of title (but not

15 possession) of a handgun or ammunition to a juve16 nile; or

17 ‘‘(D) the possession of a handgun or ammunition

18 by a juvenile taken in defense of the juvenile or other

19 persons against an intruder into the residence of the

20 juvenile or a residence in which the juvenile is an in21 vited guest.

22 ‘‘(4) A handgun or ammunition, the possession of

23 which is transferred to a juvenile in circumstances in which

24 the transferor is not in violation of this subsection shall

25 not be subject to permanent confiscation by the Government
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1 if its possession by the juvenile subsequently becomes unlaw2 ful because of the conduct of the juvenile, but shall be re3 turned to the lawful owner when such handgun or ammuni4 tion is no longer required by the Government for the pur5 poses of investigation or prosecution.

6 ‘‘(5) For purposes of this subsection, the term ‘juvenile’

7 means a person who is less than 18 years of age.

8 ‘‘(6)(A) In a prosecution of a violation of this sub9 section, the court shall require the presence of a juvenile

10 defendant’s parent or legal guardian at all proceedings.

11 ‘‘(B) The court may use the contempt power to enforce

12 subparagraph (A).

13 ‘‘(C) The court may excuse attendance of a parent or

14 legal guardian of a juvenile defendant at a proceeding in

15 a prosecution of a violation of this subsection for good cause

16 shown.’’.

17 (c) PENALTIES.—Section 924(a) of title 18, United

18 States Code, is amended—

19 (1) in paragraph (1) by striking ‘‘paragraph (2)

20 or (3) of’’; and

21 (2) by adding at the end the following new para22 graph:

23 ‘‘(5)(A)(i) A juvenile who violates section 922(s) shall

24 be fined under this title, imprisoned not more than 1 year,

25 or both, except that a juvenile described in clause (ii) shall
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1 be sentenced to probation on appropriate conditions and

2 shall not be incarcerated unless the juvenile fails to comply

3 with a condition of probation.

4 ‘‘(ii) A juvenile is described in this clause if—

5 ‘‘(I) the offense of which the juvenile is charged

6 is possession of a handgun or ammunition in viola7 tion of section 922(s)(2); and

8 ‘‘(II) the juvenile has not been convicted in any

9 court of an offense (including an offense under section

10 922(s) or a similar State law, but not including any

11 other offense consisting of conduct that if engaged in

12 by an adult would not constitute an offense) or adju13 dicated as a juvenile delinquent for conduct that if

14 engaged in by an adult would constitute an offense.

15 ‘‘(B) A person other than a juvenile who knowingly

16 violates section 922(s)—

17 ‘‘(i) shall be fined under this title, imprisoned

18 not more than 1 year, or both; and

19 ‘‘(ii) if the person sold, delivered, or otherwise

20 transferred a handgun or ammunition to a juvenile

21 knowing or having reasonable cause to know that the

22 juvenile intended to carry or otherwise possess or dis23 charge or otherwise use the handgun or ammunition

24 in the commission of a crime of violence, shall be
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1 fined under this title, imprisoned not more than 10

2 years, or both.’’.

3 (d) TECHNICAL AMENDMENT OF JUVENILE DELIN4 QUENCY PROVISIONS IN TITLE 18, UNITED STATES

5 CODE.—

6 (1) SECTION 5031.—Section 5031 of title 18,

7 United States Code, is amended by inserting ‘‘or a

8 violation by such a person of section 922(s)’’ before

9 the period at the end.

10 (2) SECTION 5032.—Section 5032 of title 18,

11 United States Code, is amended—

12 (A) in the first undesignated paragraph by

13 inserting ‘‘or (s)’’ after ‘‘922(p)’’; and

14 (B) in the fourth undesignated paragraph

15 by inserting ‘‘or section 922(s) of this title,’’ be16 fore ‘‘criminal prosecution on the basis’’.

17 (e) TECHNICAL AMENDMENT OF THE JUVENILE JUS18 TICE AND DELINQUENCY PREVENTION ACT OF 1974.—Sec19 tion 223(a)(12)(A) of the Juvenile Justice and Delinquency

20 Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is

21 amended by striking ‘‘which do not constitute violations of

22 valid court orders’’ and inserting ‘‘(other than an offense

23 that constitutes a violation of a valid court order or a viola24 tion of section 922(s) of title 18, United States Code, or

25 a similar State law).’’
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1 (f) MODEL LAW.—The Attorney General, acting

2 through the Director of the National Institute for Juvenile

3 Justice and Delinquency Prevention, shall—

4 (1) evaluate existing and proposed juvenile

5 handgun legislation in each State;

6 (2) develop model juvenile handgun legislation

7 that is constitutional and enforceable;

8 (3) prepare and disseminate to State authorities

9 the findings made as the result of the evaluation; and

10 (4) report to Congress by December 31, 1994,

11 findings and recommendations concerning the need or

12 appropriateness of further action by the Federal Gov13 ernment.

14 SEC. 663. PROHIBITION OF THE SALE AND TRANSFER FOR

15 CONSIDERATION OF A HANDGUN OR HAND16 GUN AMMUNITION TO A JUVENILE.

17 (a) OFFENSE.—Section 922 of title 18, United States

18 Code, is amended by adding at the end thereof the following

19 new subsection:

20 ‘‘(t)(1) Except as provided in paragraph (3), it shall

21 be unlawful for any person to sell or otherwise transfer for

22 consideration to a person who the seller or transferor

23 knows or has reasonable cause to believe is a juvenile—

24 ‘‘(A) a handgun; or
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1 ‘‘(B) ammunition that is suitable for use only in

2 a handgun.

3 ‘‘(2) For purposes of this subsection—

4 ‘‘(i) the term ‘juvenile’ means a person who is

5 less than 18 years of age; and

6 ‘‘(ii) the term ‘handgun’ means—

7 ‘‘(I) a firearm that has a short stock and is

8 designed to be held and fired by the use of a sin9 gle hand; and

10 ‘‘(II) any combination of parts from which

11 a firearm described in subclause (I) can be as12 sembled.

13 ‘‘(3) This subsection shall not apply to a sale or a

14 transfer of a handgun or ammunition if the sale or transfer

15 was made in accordance with State and local law and with

16 the prior consent of the juvenile’s parent or legal guardian

17 who is not prohibited by Federal, State, or local law from

18 possessing a firearm.’’.

19 (b) PENALTIES.—Section 924(a) of title 18, United

20 States Code, is amended—

21 (1) in paragraph (1) by striking out ‘‘paragraph

22 (2) or (3) of’’; and

23 (2) by adding at the end the following new para24 graph:
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1 ‘‘(5)(A) Except as provided in subparagraph

2 (B), whoever knowingly violates subsection (t) of sec3 tion 922 shall be fined not more than $5,000, impris4 oned not more than five years, or both.

5 ‘‘(B) Whoever knowingly violates subsection (t) of

6 section 922 knowing or having reasonable cause to

7 know that the juvenile to whom the handgun or am8 munition was sold or otherwise transferred for consid9 eration intended to carry, possess, discharge, or other10 wise use such handgun or ammunition in the com11 mission of a crime of violence, shall be fined under

12 this title, imprisoned not more than 10 years, or

13 both.’’.

14 TITLE VII—TERRORISM

15 Subtitle A—Maritime Navigation

16 and Fixed Platforms

17 SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME

18 NAVIGATION OR FIXED PLATFORMS.

19 Chapter 111 of title 18, United States Code, is amend20 ed by adding at the end the following new sections:

21 ‘‘§ 2280. Violence against maritime navigation

22 ‘‘(a) OFFENSES.—

23 ‘‘(1) IN GENERAL.—A person who unlawfully

24 and intentionally—
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1 ‘‘(A) seizes or exercises control over a ship

2 by force or threat thereof or any other form of in3 timidation;

4 ‘‘(B) performs an act of violence against a

5 person on board a ship if that act is likely to en6 danger the safe navigation of that ship;

7 ‘‘(C) destroys a ship or causes damage to a

8 ship or to its cargo which is likely to endanger

9 the safe navigation of that ship;

10 ‘‘(D) places or causes to be placed on a ship,

11 by any means whatsoever, a device or substance

12 which is likely to destroy that ship, or cause

13 damage to that ship or its cargo which endan14 gers or is likely to endanger the safe navigation

15 of that ship;

16 ‘‘(E) destroys or seriously damages mari17 time navigational facilities or seriously interferes

18 with their operation, if such act is likely to en19 danger the safe navigation of a ship;

20 ‘‘(F) communicates information, knowing

21 the information to be false and under cir22 cumstances in which such information may rea23 sonably be believed, thereby endangering the safe

24 navigation of a ship;
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1 ‘‘(G) injures or kills any person in connec2 tion with the commission or the attempted com3 mission of any of the offenses set forth in sub4 paragraphs (A) through (F); or

5 ‘‘(H) attempts to do any act prohibited

6 under subparagraphs (A) through (G),

7 shall be fined under this title, imprisoned not more

8 than 20 years, or both; and if the death of any person

9 results from conduct prohibited by this paragraph,

10 shall be punished by death or imprisoned for any

11 term of years or for life.

12 ‘‘(2) THREAT TO NAVIGATION.—A person who

13 threatens to do any act prohibited under paragraph

14 (1) (B), (C) or (E), with apparent determination and

15 will to carry the threat into execution, if the threat16 ened act is likely to endanger the safe navigation of

17 the ship in question, shall be fined under this title,

18 imprisoned not more than 5 years, or both.

19 ‘‘(b) JURISDICTION.—There is jurisdiction over the

20 prohibited activity in subsection (b)—

21 ‘‘(1) in the case of a covered ship, if—

22 ‘‘(A) such activity is committed—

23 ‘‘(i) against or on board a ship flying

24 the flag of the United States at the time the

25 prohibited activity is committed;
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1 ‘‘(ii) in the United States and the ac2 tivity is not prohibited as a crime by the

3 State in which the activity takes place; or

4 ‘‘(iii) the activity takes place on a ship

5 flying the flag of a foreign country or out6 side the United States, by a national of the

7 United States or by a stateless person whose

8 habitual residence is in the United States;

9 ‘‘(B) during the commission of such activ10 ity, a national of the United States is seized,

11 threatened, injured or killed; or

12 ‘‘(C) the offender is later found in the Unit13 ed States after such activity is committed;

14 ‘‘(2) in the case of a ship navigating or sched15 uled to navigate solely within the territorial sea or

16 internal waters of a country other than the United

17 States, if the offender is later found in the United

18 States after such activity is committed; and

19 ‘‘(3) in the case of any vessel, if such activity is

20 committed in an attempt to compel the United States

21 to do or abstain from doing any act.

22 ‘‘(c) It is a bar to Federal presecution under subsection

23 (a) for conduct that occurred within the United States that

24 the conduct involved was during or in relation to a labor

25 dispute, and such conduct is prohibited as a felony under
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1 the law of the State in which it was committed. For pur2 poses of this section, the term ‘labor dispute’ has the mean3 ing set forth in section 2(c) of the Norris-LaGuardia Act,

4 as amended (29 U.S.C. 113(c)).

5 ‘‘(d) DEFINITIONS.—In this section—

6 ‘‘ ‘covered ship’ means a ship that is navigating

7 or is scheduled to navigate into, through or from wa8 ters beyond the outer limit of the territorial sea of a

9 single country or a lateral limit of that country’s ter10 ritorial sea with an adjacent country.

11 ‘‘ ‘national of the United States’ has the meaning

12 stated in section 101(a)(22) of the Immigration and

13 Nationality Act (8 U.S.C. 1101(a)(22)).

14 ‘‘ ‘territorial sea of the United States’ means all

15 waters extending seaward to 12 nautical miles from

16 the baselines of the United States determined in ac17 cordance with international law.

18 ‘‘ ‘ship’ means a vessel of any type whatsoever

19 not permanently attached to the sea-bed, including

20 dynamically supported craft, submersibles or any

21 other floating craft, but does not include a warship,

22 a ship owned or operated by a government when

23 being used as a naval auxiliary or for customs or po24 lice purposes, or a ship which has been withdrawn

25 from navigation or laid up.
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1 ‘‘ ‘United States’, when used in a geographical

2 sense, includes the Commonwealth of Puerto Rico, the

3 Commonwealth of the Northern Mariana Islands and

4 all territories and possessions of the United States.

5 ‘‘§ 2281. Violence against maritime fixed platforms

6 ‘‘(a) OFFENSES.—

7 ‘‘(1) IN GENERAL.—A person who unlawfully

8 and intentionally—

9 ‘‘(A) seizes or exercises control over a fixed

10 platform by force or threat thereof or any other

11 form of intimidation;

12 ‘‘(B) performs an act of violence against a

13 person on board a fixed platform if that act is

14 likely to endanger its safety;

15 ‘‘(C) destroys a fixed platform or causes

16 damage to it which is likely to endanger its safe17 ty;

18 ‘‘(D) places or causes to be placed on a fixed

19 platform, by any means whatsoever, a device or

20 substance which is likely to destroy that fixed

21 platform or likely to endanger its safety;

22 ‘‘(E) injures or kills any person in connec23 tion with the commission or the attempted com24 mission of any of the offenses set forth in sub25 paragraphs (A) through (D); or
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1 ‘‘(F) attempts to do anything prohibited

2 under subparagraphs (A) through (E),

3 shall be fined under this title, imprisoned not more

4 than 20 years, or both; and if death results to any

5 person from conduct prohibited by this paragraph,

6 shall be punished by death or imprisoned for any

7 term of years or for life.

8 ‘‘(2) THREAT TO SAFETY.—A person who threat9 ens to do anything prohibited under paragraph (1)

10 (B) or (C), with apparent determination and will to

11 carry the threat into execution, if the threatened act

12 is likely to endanger the safety of the fixed platform,

13 shall be fined under this title, imprisoned not more

14 than 5 years, or both.

15 ‘‘(b) JURISDICTION.—There is jurisdiction over the

16 prohibited activity in subsection (b) if—

17 ‘‘(1) such activity is committed against or on

18 board a fixed platform—

19 ‘‘(A) that is located on the continental shelf

20 of the United States;

21 ‘‘(B) that is located on the continental shelf

22 of another country, by a national of the United

23 States or by a stateless person whose habitual

24 residence is in the United States; or
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1 ‘‘(C) in an attempt to compel the United

2 States to do or abstain from doing any act;

3 ‘‘(2) during the commission of such activity

4 against or on board a fixed platform located on a

5 continental shelf, a national of the United States is

6 seized, threatened, injured or killed; or

7 ‘‘(3) such activity is committed against or on

8 board a fixed platform located outside the United

9 States and beyond the continental shelf of the United

10 States and the offender is later found in the United

11 States.

12 ‘‘(c) It is a bar to Federal presecution under subsection

13 (a) for conduct that occurred within the United States that

14 the conduct involved was during or in relation to a labor

15 dispute, and such conduct is prohibited as a felony under

16 the law of the State in which it was committed. For pur17 poses of this section, the term ‘labor dispute’ has the mean18 ing set forth in section 2(c) of the Norris-LaGuardia Act,

19 as amended (29 U.S.C. 113(c)).

20 ‘‘(d) DEFINITIONS.—In this section—

21 ‘‘ ‘continental shelf’ means the sea-bed and sub22 soil of the submarine areas that extend beyond a

23 country’s territorial sea to the limits provided by cus24 tomary international law as reflected in Article 76 of

25 the 1982 Convention on the Law of the Sea.
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1 ‘‘ ‘fixed platform’ means an artificial island, in2 stallation or structure permanently attached to the

3 sea-bed for the purpose of exploration or exploitation

4 of resources or for other economic purposes.

5 ‘‘ ‘national of the United States’ has the meaning

6 stated in section 101(a)(22) of the Immigration and

7 Nationality Act (8 U.S.C. 1101(a)(22)).

8 ‘‘ ‘territorial sea of the United States’ means all

9 waters extending seaward to 12 nautical miles from

10 the baselines of the United States determined in ac11 cordance with international law.

12 ‘‘ ‘United States’, when used in a geographical

13 sense, includes the Commonwealth of Puerto Rico, the

14 Commonwealth of the Northern Mariana Islands and

15 all territories and possessions of the United States.’’.

16 SEC. 702. TECHNICAL AMENDMENT.

17 The chapter analysis for chapter 111 of title 18, United

18 States Code, is amended by adding at the end the following

19 new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

20 SEC. 703. EFFECTIVE DATES.

21 This subtitle and the amendments made by this sub22 title shall take effect on the later of—

23 (1) the date of the enactment of this Act; or
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1 (2)(A) in the case of section 2280 of title 18,

2 United States Code, the date the Convention for the

3 Suppression of Unlawful Acts Against the Safety of

4 Maritime Navigation has come into force and the

5 United States has become a party to that Convention;

6 and

7 (B) in the case of section 2281 of title 18, United

8 States Code, the date the Protocol for the Suppression

9 of Unlawful Acts Against the Safety of Fixed Plat10 forms Located on the Continental Shelf has come into

11 force and the United States has become a party to

12 that Protocol.

13 Subtitle B—General Provisions

14 SEC. 711. WEAPONS OF MASS DESTRUCTION.

15 (a) FINDINGS.—The Congress finds that the use and

16 threatened use of weapons of mass destruction (as defined

17 in section 2332a of title 18, United States Code, as added

18 by subsection (b)) gravely harm the national security and

19 foreign relations interests of the United States, seriously af20 fect interstate and foreign commerce, and disturb the domes21 tic tranquility of the United States.

22 (b) OFFENSE.—Chapter 113A of title 18, United

23 States Code, is amended by inserting after section 2332 the

24 following new section:
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1 ‘‘§ 2332a. Use of weapons of mass destruction

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘ ‘national of the United States’ has the meaning

4 given in section 101(a)(22) of the Immigration and

5 Nationality Act (8 U.S.C. 1101(a)(22)).

6 ‘‘ ‘weapon of mass destruction’ means—

7 ‘‘(A) any destructive device (as defined in

8 section 921);

9 ‘‘(B) poison gas;

10 ‘‘(C) any weapon involving a disease orga11 nism; or

12 ‘‘(D) any weapon that is designed to release

13 radiation or radioactivity at a level dangerous to

14 human life.

15 ‘‘(b) OFFENSE.—A person who uses, or attempts or

16 conspires to use, a weapon of mass destruction—

17 ‘‘(1) against a national of the United States

18 while such national is outside of the United States;

19 ‘‘(2) against any person within the United

20 States; or

21 ‘‘(3) against any property that is owned, leased

22 or used by the United States or by any department

23 or agency of the United States, whether the property

24 is within or outside of the United States;
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1 shall be imprisoned for any term of years or for life, and

2 if death results, shall be punished by death or imprisoned

3 for any term of years or for life.’’.

4 (c) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 113A of title 18, United States Code, is amended

6 by inserting after the item relating to section 2332 the fol7 lowing new item:

‘‘2332a. Use of weapons of mass destruction.’’.

8 SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

9 (a) SECTION 1705(b).—Section 206(b) of the Inter10 national Economic Emergency Powers Act (50 U.S.C.

11 1705(b)) is amended by striking ‘‘$50,000’’ and inserting

12 ‘‘$1,000,000’’.

13 (b) SECTION 1705(a).—Section 206(a) of the Inter14 national Economic Emergency Powers Act (50 U.S.C.

15 1705(a)) is amended by striking ‘‘$10,000’’ and inserting

16 ‘‘$1,000,000’’.

17 (c) SECTION 1541.—Section 1541 of title 18, United

18 States Code, is amended—

19 (1) by striking ‘‘$500’’ and inserting

20 ‘‘$250,000’’; and

21 (2) by striking ‘‘one year’’ and inserting ‘‘5

22 years’’.

23 (d) CHAPTER 75.—Sections 1542, 1543, 1544 and

24 1546 of title 18, United States Code, are each amended—
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1 (1) by striking ‘‘$2,000’’ each place it appears

2 and inserting ‘‘$250,000’’; and

3 (2) by striking ‘‘five years’’ each place it appears

4 and inserting ‘‘10 years’’.

5 (e) SECTION 1545.—Section 1545 of title 18, United

6 States Code, is amended—

7 (1) by striking ‘‘$2,000’’ and inserting

8 ‘‘$250,000’’; and

9 (2) by striking ‘‘three years’’ and inserting ‘‘10

10 years’’.

11 SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES

12 INCLUDED IN SPECIAL MARITIME AND TERRI13 TORIAL JURISDICTION.

14 The Congress declares that all the territorial sea of the

15 United States, as defined by Presidential Proclamation

16 5928 of December 27, 1988, is part of the United States,

17 subject to its sovereignty, and, for purposes of Federal

18 criminal jurisdiction, is within the special maritime and

19 territorial jurisdiction of the United States wherever that

20 term is used in title 18, United States Code.

21 SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRI22 TORIAL SEA.

23 Section 13 of title 18, United States Code (relating to

24 the adoption of State laws for areas within Federal jurisdic25 tion), is amended—
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1 (1) by inserting after ‘‘title’’ in subsection (a) the

2 following: ‘‘or on, above, or below any portion of the

3 territorial sea of the United States not within the ter4 ritory of any State, Territory, Possession, or Dis5 trict’’; and

6 (2) by inserting at the end the following new

7 subsection:

8 ‘‘(c) Whenever any waters of the territorial sea of the

9 United States lie outside the territory of any State, Terri10 tory, Possession, or District, such waters (including the air11 space above and the seabed and subsoil below, and artificial

12 islands and fixed structures erected thereon) shall be deemed

13 for purposes of subsection (a) to lie within the area of that

14 State, Territory, Possession, or District it would lie within

15 if the boundaries of such State, Territory, Possession, or

16 District were extended seaward to the outer limit of the ter17 ritorial sea of the United States.’’.

18 SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED

19 STATES NATIONALS ON CERTAIN FOREIGN

20 SHIPS.

21 Section 7 of title 18, United States Code (relating to

22 the special maritime and territorial jurisdiction of the

23 United States), is amended by inserting at the end thereof

24 the following new paragraph:
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1 ‘‘(8) To the extent permitted by international law, any

2 foreign vessel during a voyage having a scheduled departure

3 from or arrival in the United States with respect to an of4 fense committed by or against a national of the United

5 States.’’.

6 SEC. 716. TORTURE.

7 (a) IN GENERAL.—Part I of title 18, United States

8 Code, is amended by inserting after chapter 113A the fol9 lowing new chapter:

10 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

11 ‘‘§ 2340. Definitions

12 ‘‘In this chapter—

13 ‘‘ ‘severe mental pain or suffering’ means the

14 prolonged mental harm caused by or resulting from—

15 ‘‘(A) the intentional infliction or threatened

16 infliction of severe physical pain or suffering;

17 ‘‘(B) the administration or application, or

18 threatened administration or application, of

19 mind altering substances or other procedures cal20 culated to disrupt profoundly the senses or the

21 personality;

22 ‘‘(C) the threat of imminent death; or
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1 ‘‘(D) the threat that another person will im2 minently be subjected to death, severe physical

3 pain or suffering, or the administration or ap4 plication of mind altering substances or other

5 procedures calculated to disrupt profoundly the

6 senses or personality.

7 ‘‘ ‘torture’ means an act committed by a person

8 acting under the color of law specifically intended to

9 inflict severe physical or mental pain or suffering

10 (other than pain or suffering incidental to lawful

11 sanctions) upon another person within his custody or

12 physical control.

13 ‘‘ ‘United States’ includes all areas under the ju14 risdiction of the United States including any of the

15 places within the provisions of sections 5 and 7 of

16 this title and section 101(38) of the Federal Aviation

17 Act of 1958 (49 U.S.C. App. 1301(38)).

18 ‘‘§ 2340A. Torture

19 ‘‘(a) OFFENSES.—A person who outside the United

20 States commits or attempts to commit torture shall be fined

21 under this title, imprisoned not more than 20 years, or both;

22 and if death results to any person from conduct prohibited

23 by this subsection, shall be punished by death or imprisoned

24 for any term of years or for life.
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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the

2 prohibited activity in subsection (a) if—

3 ‘‘(1) the alleged offender is a national of the

4 United States; or

5 ‘‘(2) the alleged offender is present in the United

6 States, irrespective of the nationality of the victim or

7 the alleged offender.

8 ‘‘§ 2340B. Exclusive remedies

9 ‘‘Nothing in this chapter shall be construed as preclud10 ing the application of State or local laws on the same sub11 ject, nor shall anything in this chapter be construed as cre12 ating any substantive or procedural right enforceable by

13 law by any party in any civil proceeding.’’.

14 (b) TECHNICAL AMENDMENT.—The part analysis for

15 part I of title 18, United States Code, is amended by insert16 ing after the item for chapter 113A the following new item:

‘‘113B. Torture ........................................................................................... 2340.’’.

17 (c) EFFECTIVE DATE.—The amendment made by this

18 section shall take effect on the later of—

19 (1) the date of enactment of this Act; or

20 (2) the date on which the United States has be21 come a party to the Convention Against Torture and

22 Other Cruel, Inhuman or Degrading Treatment or

23 Punishment.
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1 SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS

2 FOR CERTAIN TERRORISM OFFENSES.

3 (a) IN GENERAL.—Chapter 213 of title 18, United

4 States Code, is amended by inserting after section 3285 the

5 following new section:

6 ‘‘§ 3286. Extension of statute of limitations for certain

7 terrorism offenses

8 ‘‘Notwithstanding the provisions of section 3282, no

9 person shall be prosecuted, tried, or punished for any offense

10 involving a violation of section 32 (aircraft destruction),

11 section 36 (airport violence), section 112 (assaults upon

12 diplomats), section 351 (crimes against Congressmen or

13 Cabinet officers), section 1116 (crimes against diplomats),

14 section 1203 (hostage taking), section 1361 (willful injury

15 to government property), section 1751 (crimes against the

16 President), section 2280 (maritime violence), section 2281

17 (maritime platform violence), section 2331 (terrorist acts

18 abroad against United States nationals), section 2339 (use

19 of weapons of mass destruction), or section 2340A (torture)

20 of this title or section 902 (i), (j), (k), (l), or (n) of the

21 Federal Aviation Act of 1958, as amended (49 U.S.C. App.

22 1572 (i), (j), (k), (l), or (n)), unless the indictment is found

23 or the information is instituted within ten years next after

24 such offense shall have been committed.’’.

25 (b) TECHNICAL AMENDMENT.—The chapter analysis

26 for chapter 213 of title 18, United States Code, is amended
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1 by inserting after the item relating to section 3285 the fol2 lowing new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

3 SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR4 MATION.

5 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

6 title 18, United States Code, is amended to read as follows:

7 ‘‘(b) REQUIRED CERTIFICATION.—The Director of the

8 Federal Bureau of Investigation, or his designee in a posi9 tion not lower than Deputy Assistant Director, may—

10 ‘‘(1) request the name, address, length of service,

11 and toll billing records of a person or entity if the Di12 rector (or his designee in a position not lower than

13 Deputy Assistant Director) certifies in writing to the

14 wire or electronic communication service provider to

15 which the request is made that—

16 ‘‘(A) the name, address, length of service,

17 and toll billing records sought are relevant to an

18 authorized foreign counterintelligence investiga19 tion; and

20 ‘‘(B) there are specific and articulable facts

21 giving reason to believe that the person or entity

22 to whom the information sought pertains is a

23 foreign power or an agent of a foreign power as

24 defined in section 101 of the Foreign Intelligence

25 Surveillance Act of 1978 (50 U.S.C. 1801); and
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1 ‘‘(2) request the name, address, and length of

2 service of a person or entity if the Director (or his

3 designee in a position not lower than Deputy Assist4 ant Director) certifies in writing to the wire or elec5 tronic communication service provider to which the

6 request is made that—

7 ‘‘(A) the information sought is relevant to

8 an authorized foreign counterintelligence inves9 tigation; and

10 ‘‘(B) there are specific and articulable facts

11 giving reason to believe that communication fa12 cilities registered in the name of the person or

13 entity have been used, through the services of

14 such provider, in communication with—

15 ‘‘(i) an individual who is engaging or

16 has engaged in international terrorism as

17 defined in section 101(c) of the Foreign In18 telligence Surveillance Act or clandestine

19 intelligence activities that involve or may

20 involve a violation of the criminal statutes

21 of the United States; or

22 ‘‘(ii) a foreign power or an agent of a

23 foreign power under circumstances giving

24 reason to believe that the communication

25 concerned international terrorism as de-
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1 fined in section 101(c) of the Foreign Intel2 ligence Surveillance Act or clandestine in3 telligence activities that involve or may in4 volve a violation of the criminal statutes of

5 the United States.’’.

6 (b) REPORT TO JUDICIARY COMMITTEES.—Section

7 2709(e) of title 18, United States Code, is amended by add8 ing after ‘‘Senate’’ the following: ‘‘, and the Committee on

9 the Judiciary of the House of Representatives and the Com10 mittee on the Judiciary of the Senate,’’.

11 SEC. 719. VIOLENCE AT AIRPORTS SERVING INTER12 NATIONAL CIVIL AVIATION.

13 (a) OFFENSE.—Chapter 2 of title 18, United States

14 Code, is amended by adding at the end thereof the following

15 new section:

16 ‘‘§ 36. Violence at international airports

17 ‘‘(a) OFFENSE.—A person who unlawfully and inten18 tionally, using any device, substance, or weapon—

19 ‘‘(1) performs an act of violence against a person

20 at an airport serving international civil aviation that

21 causes or is likely to cause serious bodily injury (as

22 defined in section 1365 of this title) or death; or

23 ‘‘(2) destroys or seriously damages the facilities

24 of an airport serving international civil aviation or
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1 a civil aircraft not in service located thereon or dis2 rupts the services of the airport,

3 if such an act endangers or is likely to endanger safety at

4 that airport, or attempts to do such an act, shall be fined

5 under this title, imprisoned not more than 20 years, or both;

6 and if the death of any person results from conduct prohib7 ited by this subsection, shall be punished by death or im8 prisoned for any term of years or for life.

9 ‘‘(b) JURISDICTION.—There is jurisdiction over the

10 prohibited activity in subsection (a) if—

11 ‘‘(1) the prohibited activity takes place in the

12 United States; or

13 ‘‘(2) the prohibited activity takes place outside

14 the United States and the offender is later found in

15 the United States.

16 ‘‘(c) It is a bar to Federal presecution under subsection

17 (a) for conduct that occurred within the United States that

18 the conduct involved was during or in relation to a labor

19 dispute, and such conduct is prohibited as a felony under

20 the law of the State in which it was committed. For pur21 poses of this section, the term ‘labor dispute’ has the mean22 ing set forth in section 2(c) of the Norris-LaGuardia Act,

23 as amended (29 U.S.C. 113(c)).
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 2 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.

4 (c) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect on the later of—

6 (1) the date of enactment of this Act; or

7 (2) the date on which the Protocol for the Sup8 pression of Unlawful Acts of Violence at Airports

9 Serving International Civil Aviation, Supplementary

10 to the Convention for the Suppression of Unlawful

11 Acts Against the Safety of Civil Aviation, done at

12 Montreal on 23 September 1971, has come into force

13 and the United States has become a party to the Pro14 tocol.

15 SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CI16 VILIAN AVIATION.

17 (a) IN GENERAL.—Chapter 2 of title 18, United States

18 Code, as amended by section 719(a), is amended by adding

19 at the end the following new section:

20 ‘‘§ 37. Violations of Federal aviation security regula21 tions

22 ‘‘A person who willfully violates a security regulation

23 under part 107 or 108 of title 14, Code of Federal Regula24 tions (relating to airport and airline security) issued pur25 suant to section 315 or 316 of the Air Transportation Secu-
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1 rity Act of 1974 (49 U.S.C. App. 1356 and 1357), or a

2 successor part, shall be fined under this title, imprisoned

3 for not more than 1 year, or both.’’.

4 (b) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 2 of title 18, United States Code, as amended

6 by section 719(b), is amended by adding at the end the fol7 lowing new item:

‘‘37. Violations of Federal aviation security regulations.’’.

8 SEC. 721. COUNTERFEITING UNITED STATES CURRENCY

9 ABROAD.

10 (a) IN GENERAL.—Chapter 25 of title 18, United

11 States Code, is amended by adding before section 471 the

12 following new section:

13 ‘‘§ 470. Counterfeit acts committed outside the United

14 States

15 ‘‘A person who, outside the United States, engages in

16 the act of—

17 ‘‘(1) making, dealing, or possessing any counter18 feit obligation or other security of the United States;

19 or

20 ‘‘(2) making, dealing, or possessing any plate,

21 stone, or other thing, or any part thereof, used to

22 counterfeit such obligation or security,

23 if such act would constitute a violation of section 471, 473,

24 or 474 if committed within the United States, shall be fined
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1 under this title, imprisoned for not more than 15 years,

2 or both.’’.

3 (b) TECHNICAL AMENDMENTS.—

4 (1) CHAPTER ANALYSIS.—The chapter analysis

5 for chapter 25 of title 18, United States Code, is

6 amended by adding before section 471 the following

7 new item:

‘‘470. Counterfeit acts committed outside the United States.’’.

8 (2) PART ANALYSIS.—The part analysis for part

9 I of title 18, United States Code, is amended by

10 amending the item for chapter 25 to read as follows:

‘‘25. Counterfeiting and forgery ........................................................ 470’’.

11 SEC. 722. ECONOMIC TERRORISM TASK FORCE.

12 (a) ESTABLISHMENT AND PURPOSE.—There is estab13 lished an Economic Terrorism Task Force to—

14 (1) assess the threat of terrorist actions directed

15 against the United States economy, including actions

16 directed against the United States government and

17 actions against United States business interests;

18 (2) assess the adequacy of existing policies and

19 procedures designed to prevent terrorist actions di20 rected against the United States economy; and

21 (3) recommend administrative and legislative ac22 tions to prevent terrorist actions directed against the

23 United States economy.
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1 (b) MEMBERSHIP.—The Economic Terrorism Task

2 Force shall be chaired by the Secretary of State, or the Sec3 retary’s designee, and consist of—

4 (1) the Director of Central Intelligence;

5 (2) the Director of the Federal Bureau of Inves6 tigation;

7 (3) the Director of the United States Secret Serv8 ice;

9 (4) the Administrator of the Federal Aviation

10 Administration;

11 (5) the Chairman of the Board of Governors of

12 the Federal Reserve;

13 (6) the Under Secretary of the Treasury for Fi14 nance; and

15 (7) such other members of the Departments of

16 Defense, Justice, State, Treasury, or any other agency

17 of the United States government, as the Secretary of

18 State may designate.

19 (c) ADMINISTRATIVE PROVISIONS.—The Federal Advi20 sory Committee Act (5 U.S.C. App.) shall not apply with

21 respect to the Economic Terrorism Task Force.

22 (d) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the chairman of the Economic Ter24 rorism Task Force shall submit a report to the President

25 and the Congress detailing the findings and recommenda-
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1 tions of the task force. If the report of the task force is classi2 fied, an unclassified version shall be prepared for public

3 distribution.

4 SEC. 723. TERRORIST DEATH PENALTY ACT.

5 Section 2332(a)(1) of title 18, United States Code is

6 amended to read as follows:

7 ‘‘(1) if the killing is murder (as defined in sec8 tion 1111(a)), be fined under this title, punished by

9 death or imprisonment for any term of years or for

10 life, or both;’’.

11 SEC. 724. SENTENCING GUIDELINES INCREASE FOR TER12 RORIST CRIMES.

13 The United States Sentencing Commission is directed

14 to amend its sentencing guidelines to provide an appro15 priate enhancement for any felony, whether committed

16 within or outside the United States, that involves or is in17 tended to promote international terrorism, unless such in18 volvement or intent is itself an element of the crime.

19 SEC. 725. ALIEN WITNESS COOPERATION.

20 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSI21 FICATION.—Section 101(a)(15) of the Immigration and Na22 tionality Act (8 U.S.C. 1101(a)(15)) is amended—

23 (1) by striking ‘‘or’’ at the end of subparagraph

24 (Q),
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1 (2) by striking the period at the end of subpara2 graph (R) and inserting ‘‘; or’’, and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(S) subject to section 214(j), an alien—

6 ‘‘(i) who the Attorney General determines—

7 ‘‘(I) is in possession of critical reliable

8 information concerning a criminal organi9 zation or enterprise, and

10 ‘‘(II) is willing to supply such infor11 mation to Federal or State law enforcement

12 authorities or a Federal or State court of

13 law, and

14 ‘‘(ii) whose presence in the United States

15 the Attorney General determines is essential to

16 the success of an authorized criminal investiga17 tion or the successful prosecution of an individ18 ual involved in the criminal organization or en19 terprise,

20 and the spouse and minor children of the alien if ac21 companying, or following to join, the alien.’’.

22 (b) CONDITIONS OF ENTRY.—

23 (1) WAIVER OF GROUNDS FOR EXCLUSION.—Sec24 tion 212(d) of the Immigration and Nationality Act
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1 (8 U.S.C. 1182(d)) is amended by inserting before

2 paragraph (2) the following new paragraph:

3 ‘‘(1) The Attorney General may, in the Attorney Gen4 eral’s discretion, waive the application of subsection (a)

5 (other than paragraph (3)(E) thereof) in the case of a non6 immigrant described in section 101(a)(15)(S), if the Attor7 ney General deems it in the national interest. Any such

8 waiver shall be deemed a waiver of any comparable ground

9 for deportation under section 241(a)(1)(A).’’.

10 (2) NUMERICAL LIMITATIONS; PERIOD OF ADMIS11 SION; ETC.—Section 214 of the Immigration and Na12 tionality Act (8 U.S.C. 1184) is amended by adding

13 at the end the following new subsection:

14 ‘‘(j)(1) The number of aliens who may be provided a

15 visa as nonimmigrants under section 101(a)(15)(S) in any

16 fiscal year may not exceed 100.

17 ‘‘(2) No alien may be admitted into the United States

18 as such a nonimmigrant more than 5 years after the date

19 of the enactment of this subsection.

20 ‘‘(3) The period of admission of an alien as such a

21 nonimmigrant may not exceed 3 years. Such period may

22 not be extended by the Attorney General.

23 ‘‘(4) As a condition for the admission, and continued

24 stay in lawful status, of such a nonimmigrant, the non25 immigrant—
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1 ‘‘(A) shall report not less often than quarterly to

2 the Commissioner such information concerning the

3 alien’s whereabouts and activities as the Attorney

4 General may require,

5 ‘‘(B) may not be convicted of any criminal of6 fense in the United States after the date of such ad7 mission, and

8 ‘‘(C) must have executed a form that waives the

9 nonimmigrant’s right to contest, other than on the

10 basis of an application for withholding of deporta11 tion, any action for deportation of the alien instituted

12 before the alien obtains lawful permanent resident

13 status.

14 ‘‘(5) The Attorney General shall submit a report annu15 ally to the Committees on the Judiciary of the House of

16 Representatives and of the Senate concerning—

17 ‘‘(A) the number of such nonimmigrants admit18 ted,

19 ‘‘(B) the number of successful criminal prosecu20 tions or investigations resulting from cooperation of

21 such aliens,

22 ‘‘(C) the number of such nonimmigrants whose

23 admission has not resulted in successful criminal

24 prosecution or investigation, and
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1 ‘‘(D) the number of such nonimmigrants who

2 have failed to report quarterly (as required under

3 paragraph (4)) or who have been convicted of crimes

4 in the United States after the date of their admission

5 as such a nonimmigrant.’’.

6 (3) PROHIBITION OF CHANGE OF STATUS.—Sec7 tion 248(1) of the Immigration and Nationality Act

8 (8 U.S.C. 1258(1)) is amended by striking ‘‘or (K)’’

9 and inserting ‘‘(K), or (S)’’.

10 (c) ADJUSTMENT TO PERMANENT RESIDENT STA11 TUS.—

12 (1) IN GENERAL.—Section 245 of the Immigra13 tion and Nationality Act (8 U.S.C. 1255) is amended

14 by adding at the end the following new subsection:

15 ‘‘(h)(1) If, in the opinion of the Attorney General—

16 ‘‘(A) a nonimmigrant admitted into the United

17 States under section 101(a)(15)(S) has supplied infor18 mation described in clauses (i) and (ii) of that sec19 tion, and

20 ‘‘(B) the provision of such information has sub21 stantially contributed to the success of an authorized

22 criminal investigation or the successful prosecution of

23 an individual described in clause (ii) of that section,

24 the Attorney General may adjust the status of the alien (and

25 the spouse and child of the alien if admitted under such
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1 section) to that of an alien lawfully admitted for permanent

2 residence if the alien is not described in section

3 212(a)(3)(E).

4 ‘‘(2) Upon the approval of adjustment of status under

5 paragraph (1), the Attorney General shall record the alien’s

6 lawful admission for permanent residence as of the date of

7 such approval, and the Secretary of State shall reduce by

8 1 the number of visas authorized to be issued under section

9 201(d) and 203(b)(4) for the fiscal year then current.’’.

10 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec11 tion 245(c) of the Immigration and Nationality Act

12 (8 U.S.C. 1255(c)) is amended—

13 (A) by striking ‘‘or’’ before ‘‘(3)’’ and ‘‘(4)’’;

14 and

15 (B) by inserting before the period at the end

16 the following: ‘‘; or (5) an alien who was admit17 ted as a nonimmigrant described in section

18 101(a)(15)(S)’’.

19 (d) EXTENDING PERIOD OF DEPORTATION FOR CON20 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the

21 Immigration and Nationality Act (8 U.S.C.

22 1251(a)(2)(A)(i)(I)) is amended by inserting ‘‘(or 10 years

23 in the case of an alien provided lawful permanent resident

24 status under section 245(h))’’ after ‘‘five years’’.
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1 SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

2 (a) OFFENSE.—Chapter 113A of title 18, United

3 States Code, is amended by adding the following new sec4 tion:

5 ‘‘§ 2339A. Providing material support to terrorists

6 ‘‘(a) DEFINITION.—In this section, ‘material support

7 or resources’ means currency or other financial securities,

8 financial services, lodging, training, safehouses, false docu9 mentation or identification, communications equipment,

10 facilities, weapons, lethal substances, explosives, personnel,

11 transportation, and other physical assets, but does not in12 clude humanitarian assistance to persons not directly in13 volved in such violations.

14 ‘‘(b) OFFENSE.—A person who, within the United

15 States, provides material support or resources or conceals

16 or disguises the nature, location, source, or ownership of

17 material support or resources, knowing or intending that

18 they are to be used in preparation for, or in carrying out,

19 a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116,

20 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this

21 title or section 902(i) of the Federal Aviation Act of 1958

22 (49 U.S.C. App. 1472(i)), or in preparation for or carrying

23 out the concealment of an escape from the commission of

24 any such violation, shall be fined under this title, impris25 oned not more than 10 years, or both.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 113A of title 18, United States Code, is amended

3 by adding the following new item:

‘‘2339A. Providing material support to terrorists.’’.

4 TITLE VIII—SEXUAL VIOLENCE

5 AND ABUSE OF CHILDREN,

6 THE ELDERLY, AND INDIVID7 UALS WITH DISABILITIES

8 Subtitle A—Sexual Abuse

9 SEC. 801. SEXUAL ABUSE AMENDMENTS.

10 (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON11 TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph

12 (2) of section 2245 of title 18, United States Code, is

13 amended—

14 (1) in subparagraph (B) by striking ‘‘or’’ after

15 the semicolon;

16 (2) in subparagraph (C) by striking ‘‘; and’’ and

17 inserting ‘‘; or’’; and

18 (3) by inserting a new subparagraph (D) as fol19 lows:

20 ‘‘(D) the intentional touching, not through

21 the clothing, of the genitalia of another person

22 who has not attained the age of 16 years with

23 an intent to abuse, humiliate, harass, degrade, or

24 arouse or gratify the sexual desire of any per25 son;’’.
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1 Subtitle B—Protection of Children,

2 the Elderly, and Individuals

3 With Disabilities

4 SEC. 811. SHORT TITLE.

5 This subtitle may be cited as the ‘‘National Child, El6 derly, and Individuals with Disabilities Protection Act of

7 1993’’.

8 SEC. 812. PURPOSES.

9 The purposes of this subtitle are—

10 (1) to establish a national system through which

11 organizations that care for children, the elderly, or in12 dividuals with disabilities may obtain the benefit of

13 a nationwide criminal background check to determine

14 if persons who are current or prospective care provid15 ers have committed abuse crimes or other serious

16 crimes;

17 (2) to establish minimum criteria for State laws

18 and procedures that permit organizations that care

19 for children, the elderly, or individuals with disabil20 ities to obtain the benefit of nationwide criminal

21 background checks to determine if persons who are

22 current or prospective care providers have committed

23 abuse crimes or other serious crimes;

24 (3) to provide procedural rights for persons who

25 are subject to nationwide criminal background checks,
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1 including procedures to challenge and correct inac2 curate background check information;

3 (4) to establish a national system for the report4 ing by the States of abuse crime information; and

5 (5) to document and study the problem of child

6 abuse by providing statistical and informational data

7 on child abuse and related crimes to the Department

8 of Justice and other interested parties.

9 SEC. 813. DEFINITIONS.

10 For the purposes of this subtitle—

11 (1) the term ‘‘abuse crime’’ means a child abuse

12 crime, a crime against the elderly, or a crime against

13 an individual with disabilities.

14 (2) the term ‘‘abuse crime information’’ means

15 the following facts concerning a person who is under

16 indictment for, or has been convicted of, an abuse

17 crime: full name, race, sex, date of birth, height,

18 weight, a brief description of the abuse crime or of19 fenses for which the person has been arrested or is

20 under indictment or has been convicted, the disposi21 tion of the charge, and any other information that the

22 Attorney General determines may be useful in identi23 fying persons arrested for, under indictment for, or

24 convicted of, an abuse crime;
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1 (3) the term ‘‘authorized agency’’ means a divi2 sion or office of a State designated by a State to re3 port, receive, or disseminate information under this

4 subtitle;

5 (4) the term ‘‘background check crime’’ means an

6 abuse crime, murder, manslaughter, aggravated as7 sault, kidnapping, arson, sexual assault, domestic vio8 lence, incest, indecent exposure, prostitution, pro9 motion of prostitution, burglary, robbery, embezzle10 ment, larceny, fraud, and a felony offense involving

11 the use or distribution of a controlled substance;

12 (5) the term ‘‘child’’ means a person who is a

13 child for purposes of the criminal child abuse law of

14 a State;

15 (6) the term ‘‘child abuse’’ means the physical or

16 mental injury, sexual abuse or exploitation, neglectful

17 treatment, negligent treatment, or maltreatment of a

18 child by any person in violation of the criminal child

19 abuse laws of a State, but does not include discipline

20 administered by a parent or legal guardian to his or

21 her child provided it is reasonable in manner and

22 moderate in degree and otherwise does not constitute

23 cruelty;

24 (7) the term ‘‘child abuse crime’’ means a crime

25 committed under any law of a State that establishes
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1 criminal penalties for the commission of child abuse

2 by a parent or other family member of a child or by

3 any other person;

4 (8) the term ‘‘care’’ means the provision of care,

5 treatment, education, training, instruction, super6 vision, or recreation to children, the elderly, or indi7 viduals with disabilities;

8 (9) the term ‘‘domestic violence’’ means a felony

9 or misdemeanor involving the use or threatened use of

10 force by—

11 (A) a present or former spouse of the victim;

12 (B) a person with whom the victim shares

13 a child in common;

14 (C) a person who is cohabiting with or has

15 cohabited with the victim as a spouse; or

16 (D) any person defined as a spouse of the

17 victim under the domestic or family violence

18 laws of a State;

19 (10) the term ‘‘elderly’’ means a person who is

20 sixty-five years old or older.

21 (11) the term ‘‘exploitation’’ means child pornog22 raphy and child prostitution;

23 (12) the term ‘‘mental injury’’ means harm to a

24 person’s psychological or intellectual functioning,

25 which may be exhibited by severe anxiety, depression,
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1 withdrawal or outward aggressive behavior, or a com2 bination of those behaviors or by a change in behav3 ior, emotional response, or cognition;

4 (13) the term ‘‘national criminal background

5 check system’’ means the system maintained by the

6 Federal Bureau of Investigation based on fingerprint

7 identification or any other method of positive identi8 fication;

9 (14) the term ‘‘negligent treatment’’ means the

10 failure to provide, for a reason other than poverty,

11 adequate food, clothing, shelter, or medical care so as

12 to seriously endanger the physical health of a child,

13 elderly person, or individual with disabilities;

14 (15) the term ‘‘individual with a disability’’

15 means an individual with a disability (as defined in

16 section 3(2) of the Americans with Disabilities Act of

17 1990 (42 U.S.C. 12102(21)));

18 (16) the term ‘‘physical injury’’ includes lacera19 tions, fractured bones, burns, internal injuries, severe

20 bruising, and serious bodily harm;

21 (17) the term ‘‘provider’’ means—

22 (A) a person who—

23 (i) is employed by or volunteers with a

24 qualified entity;
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1 (ii) who owns or operates a qualified

2 entity; or

3 (iii) who has or may have unsuper4 vised access to a person to whom the quali5 fied entity provides care; and

6 (B) a person who—

7 (i) seeks to be employed by or volunteer

8 with a qualified entity;

9 (ii) seeks to own or operate a qualified

10 entity; or

11 (iii) seeks to have or may have unsu12 pervised access to a to whom the qualified

13 entity provides care;

14 (18) the term ‘‘qualified entity’’ means a busi15 ness or organization, whether public, private, for-prof16 it, not-for-profit, or voluntary, that provides care or

17 care placement services, including a business or orga18 nization that licenses or certifies others to provide

19 care or care placement services;

20 (19) the term ‘‘sex crime’’ means an act of sexual

21 abuse that is a criminal act;

22 (20) the term ‘‘sexual abuse’’ includes the em23 ployment, use, persuasion, inducement, enticement, or

24 coercion of a child to engage in, or assist another per25 son to engage in, sexually explicit conduct or the
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1 rape, molestation, prostitution, or other form of sex2 ual exploitation of children or incest with children;

3 and

4 (21) the term ‘‘State’’ means a State, the Dis5 trict of Columbia, the Commonwealth of Puerto Rico,

6 American Samoa, the Virgin Islands, Guam, and the

7 Trust Territories of the Pacific.

8 SEC. 814. REPORTING BY THE STATES.

9 (a) IN GENERAL.—An authorized criminal justice

10 agency of a State shall report child abuse crime information

11 to, or index child abuse crime information in, the national

12 criminal background check system.

13 (b) PROVISION OF STATE CHILD ABUSE CRIME

14 RECORDS THROUGH THE NATIONAL CRIMINAL BACK15 GROUND CHECK SYSTEM.—(1) Not later than 180 days

16 after the date of enactment of this Act, the Attorney General

17 shall, subject to the availability of appropriations—

18 (A) investigate the criminal records of each State

19 and determine for each State a timetable by which the

20 State should be able to provide child abuse crime

21 records on an on-line capacity basis through the na22 tional criminal background check system;

23 (B) establish guidelines for the reporting or in24 dexing of child abuse crime information, including

25 guidelines relating to the format, content, and accu-
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1 racy of child abuse crime information and other pro2 cedures for carrying out this Act; and

3 (C) notify each State of the determinations made

4 pursuant to subparagraphs (A) and (B).

5 (2) The Attorney General shall require as a part of

6 the State timetable that the State—

7 (A) achieve, by not later than the date that is 3

8 years after the date of enactment of this Act, at least

9 80 percent currency of final case dispositions in com10 puterized criminal history files for all identifiable

11 child abuse crime cases in which there has been an

12 event of activity within the last 5 years;

13 (B) continue to maintain at least 80 percent

14 currency of final case dispositions in all identifiable

15 child abuse crime cases in which there has been an

16 event of activity within the preceding 5 years; and

17 (C) take steps to achieve full disposition report18 ing, including data quality audits and periodic no19 tices to criminal justice agencies identifying records

20 that lack final dispositions and requesting those dis21 positions.

22 (c) LIAISON.—An authorized agency of a State shall

23 maintain close liaison with the National Center on Child

24 Abuse and Neglect, the National Center for Missing and Ex25 ploited Children, and the National Center for the Prosecu-
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1 tion of Child Abuse for the exchange of technical assistance

2 in cases of child abuse.

3 (d) ANNUAL SUMMARY.—(1) The Attorney General

4 shall publish an annual statistical summary of the child

5 abuse crime information reported under this subtitle.

6 (2) The annual statistical summary described in para7 graph (1) shall not contain any information that may re8 veal the identity of any particular victim or alleged viola9 tor.

10 (e) ANNUAL REPORT.—The Attorney General shall

11 publish an annual summary of each State’s progress in re12 porting child abuse crime information to the national

13 criminal background check system.

14 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

15 later than 180 days after the date of enactment of this Act,

16 the Administrator of the Office of Juvenile Justice and De17 linquency Prevention shall begin a study based on a statis18 tically significant sample of convicted child abuse offenders

19 and other relevant information to determine—

20 (A) the percentage of convicted child abuse of21 fenders who have more than 1 conviction for an of22 fense involving child abuse;

23 (B) the percentage of convicted child abuse of24 fenders who have been convicted of an offense involv25 ing child abuse in more than 1 State;
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1 (C) whether there are crimes or classes of crimes,

2 in addition to those defined as background check

3 crimes in section 3, that are indicative of a potential

4 to abuse children; and

5 (D) the extent to which and the manner in which

6 instances of child abuse form a basis for convictions

7 for crimes other than child abuse crimes.

8 (2) Not later than 1 year after the date of enactment

9 of this Act, the Administrator shall submit a report to the

10 Chairman of the Committee on the Judiciary of the Senate

11 and the Chairman of the Committee on the Judiciary of

12 the House of Representatives containing a description of

13 and a summary of the results of the study conducted pursu14 ant to paragraph (1).

15 SEC. 815. BACKGROUND CHECKS.

16 (a) IN GENERAL.—(1) A State may have in effect pro17 cedures (established by or under State statute or regulation)

18 to permit a qualified entity to contact an authorized agency

19 of the State to request a nationwide background check for

20 the purpose of determining whether there is a report that

21 a provider is under indictment for, or has been convicted

22 of, a background check crime.

23 (2) The authorized agency shall access and review

24 State and Federal records of background check crimes
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1 through the national criminal background check system and

2 shall respond promptly to the inquiry.

3 (b) GUIDELINES.—(1) The Attorney General shall es4 tablish guidelines for State background check procedures es5 tablished under subsection (a), which guidelines shall in6 clude the requirements and protections of this subtitle.

7 (2) The guidelines established under paragraph (1)

8 shall require—

9 (A) that no qualified entity may request a back10 ground check of a provider under subsection (a) un11 less the provider first completes and signs a statement

12 that—

13 (i) contains the name, address, and date of

14 birth appearing on a valid identification docu15 ment (as defined by section 1028(d)(1) of title

16 18, United States Code) of the provider;

17 (ii) the provider is not under indictment

18 for, and has not been convicted of, a background

19 check crime and, if the provider is under indict20 ment for or has been convicted of a background

21 check crime, contains a description of the crime

22 and the particulars of the indictment or convic23 tion;
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1 (iii) notifies the provider that the entity

2 may request a background check under subsection

3 (a);

4 (iv) notifies the provider of the provider’s

5 rights under subparagraph (B); and

6 (v) notifies the provider that prior to the re7 ceipt of the background check the qualified entity

8 may choose to deny the provider unsupervised

9 access to a person to whom the qualified entity

10 provides care;

11 (B) that each State establish procedures under

12 which a provider who is the subject of a background

13 check under subsection (a) is entitled—

14 (i) to obtain a copy of any background

15 check report and any record that forms the basis

16 for any such report; and

17 (ii) to challenge the accuracy and complete18 ness of any information contained in any such

19 report or record and obtain a prompt determina20 tion from an authorized agency as to the validity

21 of such challenge;

22 (C) that an authorized agency to which a quali23 fied entity has provided notice pursuant to subsection

24 (a) make reasonable efforts to complete research in

25 whatever State and local recordkeeping systems are
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1 available and in the national criminal background

2 check system and respond to the qualified entity with3 in 15 business days;

4 (D) that the response of an authorized agency to

5 an inquiry pursuant to subsection (a) inform the

6 qualified entity that the background check pursuant

7 to this section—

8 (i) may not reflect all indictments or con9 victions for a background check crime; and

10 (ii) may not be the sole basis for determin11 ing the fitness of a provider;

12 (E) that the response of an authorized agency to

13 an inquiry pursuant to subsection (a) be limited to

14 the conviction or pending indictment information

15 reasonably required to accomplish the purposes of this

16 Act;

17 (F) that the qualified entity may choose to deny

18 the provider unsupervised access to a person to whom

19 the qualified entity provides care on the basis of a

20 background check under subsection (a) until the pro21 vider has obtained a determination as to the validity

22 of any challenge under subparagraph (B) or waived

23 the right to make such challenge;

24 (G) that each State establish procedures to en25 sure that any background check under subsection (a)
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1 and the results thereof shall be requested by and pro2 vided only to—

3 (i) qualified entities identified by States;

4 (ii) authorized representatives of a qualified

5 entity who have a need to know such informa6 tion;

7 (iii) the provider who is the subject of a

8 background check;

9 (iv) law enforcement authorities; or

10 (v) pursuant to the direction of a court of

11 law;

12 (H) that background check information conveyed

13 to a qualified entity pursuant to subsection (a) shall

14 not be conveyed to any person except as provided

15 under subparagraph (G);

16 (I) that an authorized agency shall not be liable

17 in an action at law for damages for failure to prevent

18 a qualified entity from taking action adverse to a

19 provider on the basis of a background check;

20 (J) that a State employee or a political subdivi21 sion of a State or employee thereof responsible for

22 providing information to the national criminal back23 ground check system shall not be liable in an action

24 at law for damages for failure to prevent a qualified
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1 entity from taking action adverse to a provider on the

2 basis a background check; and

3 (K) that a State or Federal provider of criminal

4 history records, and any employee thereof, shall not be

5 liable in an action at law for damages for failure to

6 prevent a qualified entity from taking action adverse

7 to a provider on the basis of a criminal background

8 check, or due to a criminal history record’s being in9 complete.

10 (c) EQUIVALENT PROCEDURES.—(1) Notwithstanding

11 anything to the contrary in this section, the Attorney Gen12 eral may certify that a State licensing or certification pro13 cedure that differs from the procedures described in sub14 sections (a) and (b) shall be deemed to be the equivalent

15 of such procedures for purposes of this Act, but the proce16 dures described in subsections (a) and (b) shall continue

17 to apply to those qualified entities, providers, and back18 ground check crimes that are not governed by or included

19 within the State licensing or certification procedure.

20 (2) The Attorney General shall by regulation establish

21 criteria for certifications under this subsection. Such cri22 teria shall include a finding by the Attorney General that

23 the State licensing or certification procedure accomplishes

24 the purposes of this Act and incorporates a nationwide re25 view of State and Federal records of background check of-
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1 fenses through the national criminal background check sys2 tem.

3 (d) REGULATIONS.—(1) The Attorney General may by

4 regulation prescribe such other measures as may be required

5 to carry out the purposes of this Act, including measures

6 relating to the security, confidentiality, accuracy, use, mis7 use, and dissemination of information, and audits and rec8 ordkeeping.

9 (2) The Attorney General shall, to the maximum extent

10 possible, encourage the use of the best technology available

11 in conducting background checks.

12 SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

13 CRIME INFORMATION.

14 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN

15 STATE RECORDS AND SYSTEMS.—Section 509(b) of the

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

17 U.S.C. 3759(b)) is amended—

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

19 semicolon;

20 (2) in paragraph (3) by striking the period and

21 inserting ‘‘; and’’; and

22 (3) by adding at the end the following new para23 graph:

24 ‘‘(4) the improvement of State record systems

25 and the sharing of all of the records described in
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1 paragraphs (1), (2), and (3) and the records required

2 by the Attorney General under section 914 of the Na3 tional Child, Elderly, and Individuals with Disabil4 ities Protection Act of 1993 with the Attorney General

5 for the purpose of implementing the National Child,

6 Elderly, and Individuals with Disabilities Protection

7 Act of 1993, and the information and records referred

8 to in section 406 of the Indian Child Protection and

9 Family Violence Prevention Act.’’.

10 (b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVE11 MENT OF CHILD ABUSE CRIME INFORMATION.—(1) The At12 torney General shall, subject to appropriations and with

13 preference to States that as of the date of enactment of this

14 Act have the lowest percent currency of case dispositions

15 in computerized criminal history files, make a grant to each

16 State to be used—

17 (A) for the computerization of criminal history

18 files for the purposes of this subtitle;

19 (B) for the improvement of existing computerized

20 criminal history files for the purposes of this subtitle;

21 (C) to improve accessibility to the national

22 criminal background check system for the purposes of

23 this subtitle; and

24 (D) to assist the State in the transmittal of

25 criminal records to, or the indexing of criminal his-
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1 tory record in, the national criminal background

2 check system for the purposes of this subtitle.

3 (2) There are authorized to be appropriated for grants

4 under paragraph (1) a total of $40,000,000 for fiscal years

5 1995, 1996, and 1997.

6 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

7 after the date of enactment of this Act, the Attorney General

8 may reduce by up to 10 percent the allocation to a State

9 for a fiscal year under title I of the Omnibus Crime Control

10 and Safe Streets Act of 1968 of a State that is not in com11 pliance with the timetable established for that State under

12 section 914 of this Act.

13 Subtitle C—Crimes Against

14 Children

15 SEC. 821. SHORT TITLE.

16 This subtitle may be cited as the ‘‘Jacob Wetterling

17 Crimes Against Children Registration Act’’.

18 SEC. 822. ESTABLISHMENT OF PROGRAM.

19 (a) IN GENERAL.—

20 (1) STATE GUIDELINES.—The Attorney General

21 shall establish guidelines for State programs requiring

22 any person who is convicted of a criminal offense

23 against a victim who is a minor to register a current

24 address with a designated State law enforcement

25 agency for 10 years after release from prison, being
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1 placed on parole, or being placed on supervised re2 lease.

3 (2) DEFINITION.—For purposes of this sub4 section, the term ‘‘criminal offense against a victim

5 who is a minor’’ includes—

6 (A) kidnapping of a minor, except by a

7 noncustodial parent;

8 (B) false imprisonment of a minor, except

9 by a noncustodial parent;

10 (C) criminal sexual conduct toward a

11 minor;

12 (D) solicitation of minors to engage in sex13 ual conduct;

14 (E) use of minors in a sexual performance;

15 or

16 (F) solicitation of minors to practice pros17 titution.

18 (b) REGISTRATION REQUIREMENT UPON RELEASE,

19 PAROLE, OR SUPERVISED RELEASE.—An approved State

20 registration program established by this section shall con21 tain the following requirements:

22 (1) NOTIFICATION.—If a person who is required

23 to register under this section is released from prison,

24 paroled, or placed on supervised release, a State pris25 on officer shall—
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1 (A) inform the person of the duty to reg2 ister;

3 (B) inform the person that if the person

4 changes residence address, the person shall give

5 the new address to a designated State law en6 forcement agency in writing within 10 days;

7 (C) obtain fingerprints and a photograph of

8 the person if these have not already been ob9 tained in connection with the offense that trig10 gers registration; and

11 (D) require the person to read and sign a

12 form stating that the duty of the person to reg13 ister under this section has been explained.

14 (2) TRANSFER OF INFORMATION TO STATE AND

15 THE FBI.—The officer shall, within 3 days after re16 ceipt of information described in paragraph (1), for17 ward it to a designated State law enforcement agency.

18 The State law enforcement agency shall immediately

19 enter the information into the appropriate State law

20 enforcement record system and notify the appropriate

21 law enforcement agency having jurisdiction where the

22 person expects to reside. The State law enforcement

23 agency shall also immediately transmit the conviction

24 data and fingerprints to the Identification Division of

25 the Federal Bureau of Investigation.
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1 (3) ANNUAL VERIFICATION.—On each anniver2 sary of a person’s initial registration date during the

3 period in which the person is required to register

4 under this section, the designated State law enforce5 ment agency shall mail a nonforwardable verification

6 form to the last reported address of the person. The

7 person shall mail the verification form to the officer

8 within 10 days after receipt of the form. The verifica9 tion form shall be signed by the person, and state that

10 the person still resides at the address last reported to

11 the designated State law enforcement agency. If the

12 person fails to mail the verification form to the des13 ignated State law enforcement agency within 10 days

14 after receipt of the form, the person shall be in viola15 tion of this section unless the person proves that the

16 person has not changed his or her residence address.

17 (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT

18 AGENCIES OF CHANGES IN ADDRESS.—Any change of

19 address by a person required to register under this

20 section reported to the designated State law enforce21 ment agency shall immediately be reported to the ap22 propriate law enforcement agency having jurisdiction

23 where the person is residing.

24 (c) REGISTRATION FOR 10 YEARS.—A person required

25 to register under this section shall continue to comply with
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1 this section until 10 years have elapsed since the person

2 was released from imprisonment, or placed on parole or su3 pervised release.

4 (d) PENALTY.—A person required to register under a

5 State program established pursuant to this section who

6 knowingly fails to so register and keep such registration

7 current shall be subject to criminal penalties in such State.

8 It is the sense of Congress that such penalties should include

9 at least 6 months imprisonment.

10 (e) PRIVATE DATA.—The information provided under

11 this section is private data on individuals and may be used

12 for law enforcement purposes and confidential background

13 checks conducted with fingerprints by a designated State

14 law enforcement agency for child care services providers.

15 SEC. 823. STATE COMPLIANCE.

16 (a) COMPLIANCE DATE.—Each State shall have 3

17 years from the date of enactment of this Act in which to

18 implement the provisions of this subtitle.

19 (b) INELIGIBILITY FOR FUNDS.—The allocation of

20 funds under section 506 of title I of the Omnibus Crime

21 Control and Safe Streets Act of 1968 (42 U.S.C. 3756) re22 ceived by a State not complying with this subtitle 3 years

23 after the date of enactment of this Act shall be reduced by

24 10 percent and the unallocated funds shall be reallocated

25 to the States in compliance with this section.
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1 Subtitle D—Child Pornography

2 SEC. 824. PENALTIES FOR INTERNATIONAL TRAFFICKING

3 IN CHILD PORNOGRAPHY.

4 (a) IMPORT RELATED OFFENSE.—Chapter 110 of title

5 18, United States Code, is amended by adding at the end

6 the following new section:

7 ‘‘§ 2258. Production of sexually explicit depictions of a

8 minor for importation into the United

9 States

10 ‘‘(a) USE OF MINOR.—A person who, outside the Unit11 ed States, employs, uses, persuades, induces, entices, or co12 erces any minor to engage in, or who has a minor assist

13 any other person to engage in, or who transports any minor

14 with the intent that the minor engage in any sexually ex15 plicit conduct for the purpose of producing any visual de16 piction of such conduct, intending that the visual depiction

17 will be imported into the United States or into waters with18 in 12 miles of the coast of the United States, shall be pun19 ished as provided in subsection (c).

20 ‘‘(b) USE OF VISUAL DEPICTION.—A person who, out21 side the United States, knowingly receives, transports,

22 ships, distributes, sells, or possesses with intent to transport,

23 ship, sell, or distribute any visual depiction of a minor en24 gaging in sexually explicit conduct (if the production of the

25 visual depiction involved the use of a minor engaging in
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1 sexually explicit conduct), intending that the visual depic2 tion will be imported into the United States or into waters

3 within a distance of 12 miles of the coast of the United

4 States, shall be punished as provided in subsection (c).

5 ‘‘(c) PENALTIES.—A person who violates subsection (a)

6 or (b), or conspires or attempts to do so—

7 ‘‘(1) shall be fined under this title, imprisoned

8 not more than 10 years, or both; and

9 ‘‘(2) if the person has a prior conviction under

10 this chapter or chapter 109A, shall be fined under this

11 title, imprisoned not more than 20 years, or both.’’.

12 (b) TECHNICAL AMENDMENT.—

13 (1) CHAPTER ANALYSIS.—The chapter analysis

14 for chapter 110 of title 18, United States Code, is

15 amended by adding at the end the following new item:

‘‘2258. Production of sexually explicit depictions of a minor for importation into

the United States.’’.

16 (2) FINE PROVISIONS.—Section 2251(d) of title

17 18, United States Code, is amended—

18 (A) by striking ‘‘not more than $100,000,

19 or’’ and inserting ‘‘under this title,’’;

20 (B) by striking ‘‘not more than $200,000,

21 or’’ and inserting ‘‘under this title,’’; and

22 (C) by striking ‘‘not more than $250,000’’

23 and inserting ‘‘under this title’’.
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1 (c) SECTION 2251 PENALTY ENHANCEMENT.—Section

2 2251(d) of title 18, United States Code, is amended by strik3 ing ‘‘this section’’ the second place it appears and inserting

4 ‘‘this chapter or chapter 109A’’.

5 (d) SECTION 2252 PENALTY ENHANCEMENT.—Section

6 2252(b)(1) of title 18, United States Code, is amended by

7 striking ‘‘this section’’ and inserting ‘‘this chapter or chap8 ter 109A’’.

9 (e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and

10 2252(b) of title 18, United States Code, are each amended

11 by inserting ‘‘, or attempts or conspires to violate,’’ after

12 ‘‘violates’’ each place it appears.

13 (f) RICO AMENDMENT.—Section 1961(l) of title 18,

14 United States Code, is amended by striking ‘‘2251–2252’’

15 and inserting ‘‘2251, 2252, and 2258’’.

16 (g) TRANSPORTATION OF MINORS.—Section 2423 of

17 title 18, United States Code, is amended—

18 (1) by striking ‘‘(a) Whoever’’ and inserting ‘‘(a)

19 TRANSPORTATION WITH INTENT TO ENGAGE IN

20 CRIMINAL SEXUAL ACTIVITY.—A person who’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL

24 ACT WITH A JUVENILE.—A person who travels in interstate

25 commerce, or conspires to do so, or a United States citizen
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1 or an alien admitted for permanent residence in the United

2 States who travels in foreign commerce, or conspires to do

3 so, for the purpose of engaging in any sexual act (as defined

4 in section 2245) with a person under 18 years of age that

5 would be in violation of chapter 109A if the sexual act oc6 curred in the special maritime and territorial jurisdiction

7 of the United States shall be fined under this title, impris8 oned not more than 10 years, or both.’’.

9 SEC. 825. SENSE OF CONGRESS CONCERNING STATE LEGIS10 LATION REGARDING CHILD PORNOGRAPHY.

11 It is the sense of the Congress that each State that has

12 not yet done so should enact legislation prohibiting the pro13 duction, distribution, receipt, or simple possession of mate14 rials depicting a person under 18 years of age engaging

15 in sexually explicit conduct (as defined in section 2256 of

16 title 18, United States Code) and providing for a maximum

17 imprisonment of at least 1 year and for the forfeiture of

18 assets used in the commission or support of, or gained from,

19 such offenses.

20 Subtitle E—Rules of Evidence,

21 Practice and Procedure

22 SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES

23 IN SEX OFFENSE CASES.

24 The Federal Rules of Evidence are amended by adding

25 after Rule 412 the following new rules:
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1 ‘‘Rule 413. Evidence of Similar Crimes in Sexual As2 sault Cases

3 ‘‘(a) In a criminal case in which the defendant is ac4 cused of an offense of sexual assault, evidence of the defend5 ant’s commission of another offense or offenses of sexual as6 sault is admissible, and may be considered for its bearing

7 on any matter to which it is relevant.

8 ‘‘(b) In a case in which the Government intends to offer

9 evidence under this rule, the attorney for the Government

10 shall disclose the evidence to the defendant, including state11 ments of witnesses or a summary of the substance of any

12 testimony that is expected to be offered, at least fifteen days

13 before the scheduled date of trial or at such later time as

14 the court may allow for good cause.

15 ‘‘(c) This rule shall not be construed to limit the ad16 mission or consideration of evidence under any other rule.

17 ‘‘(d) For purposes of this rule and Rule 415, ‘‘offense

18 of sexual assault’’ means a crime under Federal law or the

19 law of a State (as defined in section 513 of title 18, United

20 States Code) that involved—

21 ‘‘(1) any conduct proscribed by chapter 109A of

22 title 18, United States Code;

23 ‘‘(2) contact, without consent, between any part

24 of the defendant’s body or an object and the genitals

25 or anus of another person;
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1 ‘‘(3) contact, without consent, between the geni2 tals or anus of the defendant and any part of another

3 person’s body;

4 ‘‘(4) deriving sexual pleasure or gratification

5 from the infliction of death, bodily injury, or physical

6 pain on another person; or

7 ‘‘(5) an attempt or conspiracy to engage in con8 duct described in paragraphs (1)–(4).

9 ‘‘Rule 414. Evidence of Similar Crimes in Child Moles10 tation Cases

11 ‘‘(a) In a criminal case in which the defendant is ac12 cused of an offense of child molestation, evidence of the de13 fendant’s commission of another offense or offenses of child

14 molestation is admissible, and may be considered for its

15 bearing on any matter to which it is relevant.

16 ‘‘(b) In a case in which the Government intends to offer

17 evidence under this rule, the attorney for the Government

18 shall disclose the evidence to the defendant, including state19 ments of witnesses or a summary of the substance of any

20 testimony that is expected to be offered, at least fifteen days

21 before the scheduled date of trial or at such later time as

22 the court may allow for good cause.

23 ‘‘(c) This rule shall not be construed to limit the ad24 mission or consideration of evidence under any other rule.
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1 ‘‘(d) For purposes of this rule and Rule 415, ‘‘child’’

2 means a person below the age of fourteen, and ‘‘offense of

3 child molestation’’ means a crime under Federal law or the

4 law of a State (as defined in section 513 of title 18, United

5 States Code) that involved—

6 ‘‘(1) any conduct proscribed by chapter 109A of

7 title 18, United States Code, that was committed in

8 relation to a child;

9 ‘‘(2) any conduct proscribed by chapter 110 of

10 title 18, United States Code;

11 ‘‘(3) contact between any part of the defendant’s

12 body or an object and the genitals or anus of a child;

13 ‘‘(4) contact between the genitals or anus of the

14 defendant and any part of the body of a child;

15 ‘‘(5) deriving sexual pleasure or gratification

16 from the infliction of death, bodily injury, or physical

17 pain on a child; or

18 ‘‘(6) an attempt or conspiracy to engage in con19 duct described in paragraphs (1)–(5).

20 ‘‘Rule 415. Evidence of Similar Acts in Civil Cases

21 Concerning Sexual Assault or Child Mo22 lestation

23 ‘‘(a) In a civil case in which a claim for damages or

24 other relief is predicated on a party’s alleged commission

25 of conduct constituting an offense of sexual assault or child
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1 molestation, evidence of that party’s commission of another

2 offense or offenses of sexual assault or child molestation is

3 admissible and may be considered as provided in Rule 413

4 and Rule 414 of these rules.

5 ‘‘(b) A party who intends to offer evidence under this

6 Rule shall disclose the evidence to the party against whom

7 it will be offered, including statements of witnesses or a

8 summary of the substance of any testimony that is expected

9 to be offered, at least fifteen days before the scheduled date

10 of trial or at such later time as the court may allow for

11 good cause.

12 ‘‘(c) This rule shall not be construed to limit the ad13 mission or consideration of evidence under any other rule.’’

14 Subtitle F—Sexually Violent

15 Predators

16 SEC. 841. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Sexually Violent

18 Predators Act’’.

19 SEC. 842. FINDINGS.

20 Congress finds that—

21 (1) there exists a small but extremely dangerous

22 group of sexually violent persons who do not have a

23 mental disease or defect;

24 (2) persons who are sexually violent predators

25 generally have antisocial personality features that—
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1 (A) are not amenable to mental illness

2 treatment modalities in existence on the date of

3 enactment of this Act; and

4 (B) render the persons likely to engage in

5 sexually violent behavior;

6 (3) the likelihood that sexually violent predators

7 will repeat acts of predatory sexual violence is high;

8 and

9 (4) the prognosis for curing sexually violent

10 predators is poor and the treatment needs of the pop11 ulation of the predators are very long-term.

12 SEC. 843. DEFINITIONS.

13 As used in this subtitle:

14 (1) MENTAL ABNORMALITY.—The term ‘‘mental

15 abnormality’’ means a congenital or acquired condi16 tion of a person that affects the emotional or voli17 tional capacity of the person in a manner that pre18 disposes the person to the commission of criminal sex19 ual acts to a degree that makes the person a menace

20 to the health and safety of other persons.

21 (2) PREDATORY.—The term ‘‘predatory’’, with

22 respect to an act, means an act directed towards a

23 stranger, or a person with whom a relationship has

24 been established or promoted, for the primary purpose

25 of victimization.
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1 (3) SEXUALLY VIOLENT OFFENSE.—The term

2 ‘‘sexually violent offense’’ means an act that is a vio3 lation of title 18, United States Code or State crimi4 nal code that—

5 (A) involves the use or attempted or threat6 ened use of physical force against the person or

7 property of another person; and

8 (B) is determined beyond a reasonable

9 doubt to be sexually motivated.

10 (4) SEXUALLY VIOLENT PREDATOR.—The term

11 ‘‘sexually violent predator’’ means a person who has

12 been convicted of a sexually violent offense and who

13 suffers from a mental abnormality or personality dis14 order that makes the person likely to engage in preda15 tory sexually violent offenses.

16 SEC. 844. ESTABLISHMENT OF PROGRAM.

17 (a) IN GENERAL.—

18 (1) STATE GUIDELINES.—In accordance with

19 this section, the Attorney General shall establish

20 guidelines for State programs to require a sexually

21 violent predator to register a current address with a

22 designated State law enforcement agency upon release

23 from prison, being placed on parole, or being placed

24 on supervised release. The Attorney General shall ap-
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1 prove each State program that complies with the

2 guidelines.

3 (2) STATE COMPLIANCE.—

4 (A) IMPLEMENTATION DATE.—A State that

5 does not implement a program described in

6 paragraph (1) by the date that is 3 years after

7 the date of enactment of this Act, and maintain

8 the implementation thereafter, shall be ineligible

9 for funds in accordance with subparagraph (B).

10 (B) INELIGIBILITY FOR FUNDS.—

11 (i) IN GENERAL.—A State that does

12 not implement the program as described in

13 subparagraph (A) shall not receive 10 per14 cent of the funds that would otherwise be al15 located to the State under section 506 of the

16 Omnibus Crime Control and Safe Streets

17 Act of 1968 (42 U.S.C. 3756).

18 (ii) REALLOCATION OF FUNDS.—Funds

19 made available under clause (i) shall be re20 allocated, in accordance with such section,

21 to such States as implement the program as

22 described in subparagraph (A).

23 (b) REGISTRATION REQUIREMENT UPON RELEASE,

24 PAROLE, OR SUPERVISED RELEASE.—
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1 (1) IN GENERAL.—An approved State program

2 established in accordance with this section shall con3 tain the requirements described in this section.

4 (2) DETERMINATION.—The determination that a

5 person is a ‘‘sexually violent predator’’ and the deter6 mination that a person is no longer a ‘‘sexually vio7 lent predator’’ shall be made by the sentencing court

8 after receiving a report by a board of experts on sex9 ual offenses. Each State shall establish a board com10 posed of experts in the field of the behavior and treat11 ment of sexual offenders.

12 (3) NOTIFICATION.—If a person who is required

13 to register under this section is anticipated to be re14 leased from prison, paroled, or placed on supervised

15 release, a State prison officer shall, not later than 90

16 days before the anticipated date of the release or com17 mencement of the parole—

18 (A) inform the person of the duty to reg19 ister;

20 (B) inform the person that if the person

21 changes residence address, the person shall give

22 the new address to a designated State law en23 forcement agency in writing not later than 10

24 days after the change of address;
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1 (C) obtain the name of the person, identify2 ing factors, anticipated future residence, offense

3 history, and documentation of any treatment re4 ceived for the mental abnormality or personality

5 disorder of the person; and

6 (D) require the person to read and sign a

7 form stating that the duty of the person to reg8 ister under this section has been explained.

9 (4) TRANSFER OF INFORMATION TO STATE AND

10 THE FBI.—Not later than 3 days after the receipt of

11 the information described in paragraph (2), the offi12 cer shall forward the information to a designated

13 State law enforcement agency. As soon as practicable

14 after the receipt of the information by the State law

15 enforcement agency, the agency shall—

16 (A) enter the information into the appro17 priate State law enforcement record system and

18 notify the appropriate law enforcement agency

19 that has jurisdiction over the area in which the

20 person expects to reside; and

21 (B) transmit the information to the Identi22 fication Division of the Federal Bureau of Inves23 tigation.

24 (5) QUARTERLY VERIFICATION.—
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1 (A) MAILING TO PERSON.—Not less than

2 every 90 days after the date of the release or

3 commencement of parole of a person under para4 graph (2), the designated State law enforcement

5 agency shall mail a nonforwardable verification

6 form to the last reported address of the person.

7 (B) RETURN OF VERIFICATION FORM.—

8 (i) IN GENERAL.—The person shall re9 turn, by mail, the verification form to the

10 agency not later than 10 days after the re11 ceipt of the form. The verification form

12 shall be signed by the person, and shall

13 state that the person continues to reside at

14 the address last reported to the designated

15 State law enforcement agency.

16 (ii) FAILURE TO RETURN.—If the per17 son fails to mail the verification form to the

18 designated State law enforcement agency by

19 the date that is 10 days after the receipt of

20 the form by the person, the person shall be

21 in violation of this section unless the person

22 proves that the person has not changed the

23 residence address of the person.

24 (6) NOTIFICATION OF LOCAL LAW ENFORCEMENT

25 AGENCIES OF CHANGES IN ADDRESSES.—Any change
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1 of address by a person required to register under this

2 section that is reported to the designated State law

3 enforcement agency shall as soon as practicable be re4 ported to the appropriate law enforcement agency

5 that has jurisdiction over the area in which the per6 son is residing.

7 (7) PENALTY.—A person required to register

8 under a State program established pursuant to this

9 section who knowingly fails to register and keep the

10 registration current shall be subject to criminal pen11 alties in the State. It is the sense of Congress that the

12 penalties should include imprisonment for not less

13 than 180 days.

14 (8) TERMINATION OF OBLIGATION TO REG15 ISTER.—The obligation of a person to register under

16 this section shall terminate on a determination made

17 in accordance with the provision of paragraph (2) of

18 this section that the person no longer suffers from a

19 mental abnormality or personality disorder that

20 would make the person likely to engage in a preda21 tory sexually violent offense.

22 (c) COMMUNITY NOTIFICATION.—The designated State

23 law enforcement agency may release relevant information

24 that is necessary to protect the public concerning a specific
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1 sexually violent predator required to register under this sec2 tion.

3 (d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law en4 forcement agencies, employees of law enforcement agencies,

5 and State officials shall be immune from liability for any

6 good faith conduct under this section.

7 TITLE IX—CRIME VICTIMS

8 Subtitle A—Victims’ Rights

9 SEC. 901. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

10 Rule 32 of the Federal Rules of Criminal Procedure

11 is amended by—

12 (1) striking ‘‘and’’ following the semicolon in

13 subdivision (a)(1)(B);

14 (2) striking the period at the end of subdivision

15 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

16 (3) inserting after subdivision (a)(1)(C) the

17 following:

18 ‘‘(D) if sentence is to be imposed for a crime

19 of violence or sexual abuse, address the victim

20 personally if the victim is present at the sentenc21 ing hearing and determine if the victim wishes

22 to make a statement and to present any informa23 tion in relation to the sentence.’’;

24 (4) in the second to last sentence of subdivision

25 (a)(1), striking ‘‘equivalent opportunity’’ and insert-
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1 ing in lieu thereof ‘‘opportunity equivalent to that of

2 the defendant’s counsel’’;

3 (5) in the last sentence of subdivision (a)(1) in4 serting ‘‘the victim,’’ before ‘‘or the attorney for the

5 Government.’’; and

6 (6) adding at the end the following:

7 ‘‘(f) DEFINITIONS.—For purposes of this rule—

8 ‘‘(1) ‘victim’ means any individual against

9 whom an offense for which a sentence is to be imposed

10 has been committed, but the right of allocution under

11 subdivision (a)(1)(D) may be exercised instead by—

12 ‘‘(A) a parent or legal guardian in case the

13 victim is below the age of eighteen years or in14 competent; or

15 ‘‘(B) one or more family members or rel16 atives designated by the court in case the victim

17 is deceased or incapacitated;

18 if such person or persons are present at the sentencing

19 hearing, regardless of whether the victim is present;

20 and

21 ‘‘(2) ‘crime of violence or sexual abuse’ means a

22 crime that involved the use or attempted or threatened

23 use of physical force against the person or property

24 of another, or a crime under chapter 109A of title 18,

25 United States Code.’’.
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1 SEC. 902. MANDATORY RESTITUTION AND OTHER PROVI2 SIONS.

3 (a) ORDER OF RESTITUTION.—Section 3663 of title

4 18, United States Code, is amended—

5 (1) in subsection (a)—

6 (A) by striking ‘‘may order’’ and inserting

7 ‘‘shall order’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(4) In addition to ordering restitution of the victim

11 of the offense of which a defendant is convicted, a court may

12 order restitution of any person who, as shown by a prepon13 derance of evidence, was harmed physically, emotionally,

14 or pecuniarily, by unlawful conduct of the defendant dur15 ing—

16 ‘‘(A) the criminal episode during which the of17 fense occurred; or

18 ‘‘(B) the course of a scheme, conspiracy, or pat19 tern of unlawful activity related to the offense.’’;

20 (2) in subsection (b)(1)(A) by striking ‘‘imprac21 tical’’ and inserting ‘‘impracticable’’;

22 (3) in subsection (b)(2) by inserting ‘‘emotional

23 or’’ after ‘‘resulting in’’;

24 (4) in subsection (b)—

25 (A) by striking ‘‘and’’ at the end of para26 graph (3);
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1 (B) by redesignating paragraph (4) as

2 paragraph (5); and

3 (C) by inserting after paragraph (4) the fol4 lowing new paragraph:

5 ‘‘(4) in any case, reimburse the victim for nec6 essary child care, transportation, and other expenses

7 related to participation in the investigation or pros8 ecution of the offense or attendance at proceedings re9 lated to the offense; and’’.

10 (5) in subsection (c) by striking ‘‘If the Court de11 cides to order restitution under this section, the’’ and

12 inserting ‘‘The’’;

13 (6) by striking subsections (d), (e), (f), (g), and

14 (h); and

15 (7) by adding at the end the following new sub16 sections:

17 ‘‘(d)(1) The court shall order restitution to a victim

18 in the full amount of the victim’s losses as determined by

19 the court and without consideration of—

20 ‘‘(A) the economic circumstances of the offender;

21 or

22 ‘‘(B) the fact that a victim has received or is en23 titled to receive compensation with respect to a loss

24 from insurance or any other source.
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1 ‘‘(2) Upon determination of the amount of restitution

2 owed to each victim, the court shall specify in the restitu3 tion order the manner in which and the schedule according

4 to which the restitution is to be paid, in consideration of—

5 ‘‘(A) the financial resources and other assets of

6 the offender;

7 ‘‘(B) projected earnings and other income of the

8 offender; and

9 ‘‘(C) any financial obligations of the offender,

10 including obligations to dependents.

11 ‘‘(3) A restoration order may direct the offender to

12 make a single, lump-sum payment, partial payment at

13 specified intervals, or such in-kind payments as may be

14 agreeable to the victim and the offender.

15 ‘‘(4) An in-kind payment described in paragraph (3)

16 may be in the form of—

17 ‘‘(A) return of property;

18 ‘‘(B) replacement of property; or

19 ‘‘(C) services rendered to the victim or to a per20 son or organization other than the victim.

21 ‘‘(e) When the court finds that more than 1 offender

22 has contributed to the loss of a victim, the court may make

23 each offender liable for payment of the full amount of res24 titution or may apportion liability among the offenders to
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1 reflect the level of contribution and economic circumstances

2 of each offender.

3 ‘‘(f) When the court finds that more than 1 victim has

4 sustained a loss requiring restitution by an offender, the

5 court shall order full restitution of each victim but may

6 provide for different payment schedules to reflect the eco7 nomic circumstances of each victim.

8 ‘‘(g)(1) If the victim has received or is entitled to re9 ceive compensation with respect to a loss from insurance

10 or any other source, the court shall order that restitution

11 be paid to the person who provided or is obligated to provide

12 the compensation, but the restitution order shall provide

13 that all restitution of victims required by the order be paid

14 to the victims before any restitution is paid to such a pro15 vider of compensation.

16 ‘‘(2) The issuance of a restitution order shall not affect

17 the entitlement of a victim to receive compensation with

18 respect to a loss from insurance or any other source until

19 the payments actually received by the victim under the res20 titution order fully compensate the victim for the loss, at

21 which time a person that has provided compensation to the

22 victim shall be entitled to receive any payments remaining

23 to be paid under the restitution order.
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1 ‘‘(3) Any amount paid to a victim under an order of

2 restitution shall be set off against any amount later recov3 ered as compensatory damages by the victim in—

4 ‘‘(A) any Federal civil proceeding; and

5 ‘‘(B) any State civil proceeding, to the extent

6 provided by the law of the State.

7 ‘‘(h) A restitution order shall provide that—

8 ‘‘(1) all fines, penalties, costs, restitution pay9 ments and other forms of transfers of money or prop10 erty made pursuant to the sentence of the court shall

11 be made by the offender to an entity designated by the

12 Director of the Administrative Office of the United

13 States Courts for accounting and payment by the en14 tity in accordance with this subsection;

15 ‘‘(2) the entity designated by the Director of the

16 Administrative Office of the United States Courts

17 shall—

18 ‘‘(A) log all transfers in a manner that

19 tracks the offender’s obligations and the current

20 status in meeting those obligations, unless, after

21 efforts have been made to enforce the restitution

22 order and it appears that compliance cannot be

23 obtained, the court determines that continued

24 recordkeeping under this subparagraph would

25 not be useful;
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1 ‘‘(B) notify the court and the interested

2 parties when an offender is 90 days in arrears

3 in meeting those obligations; and

4 ‘‘(3) the offender shall advise the entity des5 ignated by the Director of the Administrative Office

6 of the United States Courts of any change in the of7 fender’s address during the term of the restitution

8 order.

9 ‘‘(i) A restitution order shall constitute a lien against

10 all property of the offender and may be recorded in any

11 Federal or State office for the recording of liens against real

12 or personal property.

13 ‘‘(j) Compliance with the schedule of payment and

14 other terms of a restitution order shall be a condition of

15 any probation, parole, or other form of release of an of16 fender. If a defendant fails to comply with a restitution

17 order, the court may revoke probation or a term of super18 vised release, modify the term or conditions of probation

19 or a term of supervised release, hold the defendant in con20 tempt of court, enter a restraining order or injunction,

21 order the sale of property of the defendant, accept a per22 formance bond, or take any other action necessary to obtain

23 compliance with the restitution order. In determining what

24 action to take, the court shall consider the defendant’s em25 ployment status, earning ability, financial resources, the
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1 willfulness in failing to comply with the restitution order,

2 and any other circumstances that may have a bearing on

3 the defendant’s ability to comply with the restitution order.

4 ‘‘(k) An order of restitution may be enforced—

5 ‘‘(1) by the United States—

6 ‘‘(A) in the manner provided for the collec7 tion and payment of fines in subchapter (B) of

8 chapter 229 of this title; or

9 ‘‘(B) in the same manner as a judgment in

10 a civil action; and

11 ‘‘(2) by a victim named in the order to receive

12 the restitution, in the same manner as a judgment in

13 a civil action.

14 ‘‘(l) A victim or the offender may petition the court

15 at any time to modify a restitution order as appropriate

16 in view of a change in the economic circumstances of the

17 offender.’’.

18 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU19 TION.—Section 3664 of title 18, United States Code, is

20 amended—

21 (1) by striking subsection (a);

22 (2) by redesignating subsections (b), (c), (d), and

23 (e) as subsections (a), (b), (c), and (d);

24 (3) by amending subsection (a), as redesignated

25 by paragraph (2), to read as follows:
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1 ‘‘(a) The court may order the probation service of the

2 court to obtain information pertaining to the amount of

3 loss sustained by any victim as a result of the offense, the

4 financial resources of the defendant, the financial needs and

5 earning ability of the defendant and the defendant’s depend6 ents, and such other factors as the court deems appropriate.

7 The probation service of the court shall include the informa8 tion collected in the report of presentence investigation or

9 in a separate report, as the court directs.’’; and

10 (4) by adding at the end thereof the following

11 new subsection:

12 ‘‘(e) The court may refer any issue arising in connec13 tion with a proposed order of restitution to a magistrate

14 or special master for proposed findings of fact and rec15 ommendations as to disposition, subject to a de novo deter16 mination of the issue by the court.’’.

17 SEC. 903. SENSE OF THE CONGRESS CONCERNING THE

18 RIGHT OF A VICTIM OF A VIOLENT CRIME OR

19 SEXUAL ABUSE TO SPEAK AT AN OFFENDER’S

20 SENTENCING HEARING AND ANY PAROLE

21 HEARING.

22 It is the sense of the Congress that—

23 (1) the law of a State should provide for a vic24 tim’s right of allocution at a sentencing hearing and
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1 at any parole hearing if the offender has been con2 victed of a crime of violence or sexual abuse;

3 (2) such a victim should have an opportunity

4 equivalent to the opportunity accorded to the offend5 er’s counsel to address the sentencing court or parole

6 board and to present information in relation to the

7 sentence imposed or to the early release of the of8 fender; and

9 (3) if the victim is not able to or chooses not to

10 testify at a sentencing hearing or parole hearing, the

11 victim’s parents, legal guardian, or family members

12 should have the right to address the court or board.

13 Subtitle B—Crime Victims’ Fund

14 SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.

15 Section 1402(d)(2) of the Victims of Crime Act of 1984

16 (42 U.S.C. 10601(d)(2)) is amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (A);

19 (2) by striking the period at the end of subpara20 graph (B) and inserting a semicolon; and

21 (3) by adding at the end the following new sub22 paragraphs:

23 ‘‘(C) 1 percent shall be available for grants

24 under section 1404(c); and
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1 ‘‘(D) 4.5 percent shall be available for

2 grants as provided in section 1404A.’’.

3 SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSATION

4 TO CERTAIN FEDERAL PROGRAMS.

5 Section 1403 of the Victims of Crime Act of 1984 (42

6 U.S.C. 10602) is amended by adding at the end the follow7 ing:

8 ‘‘(e) Notwithstanding any other provision of law, if the

9 compensation paid by an eligible crime victim compensa10 tion program would cover costs that a Federal program,

11 or a federally financed State or local program, would other12 wise pay, then—

13 ‘‘(1) such crime victim compensation program

14 shall not pay that compensation; and

15 ‘‘(2) the other program shall make its payments

16 without regard to the existence of the crime victim

17 compensation program.’’.

18 SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM19 PENSATION.

20 (a) CREATION OF EXCEPTION.—The final sentence of

21 section 1403(a)(1) of the Victims of Crime Act of 1984 (42

22 U.S.C. 10602(a)(1)) is amended by striking ‘‘A grant’’ and

23 inserting ‘‘Except as provided in paragraph (3), a grant’’.

24 (b) REQUIREMENTS OF EXCEPTION.—Section 1403(a)

25 of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a))
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1 is amended by adding at the end the following new para2 graph:

3 ‘‘(3) Not more than 5 percent of a grant made

4 under this section may be used for the administration

5 of the State crime victim compensation program re6 ceiving the grant.’’.

7 SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.

8 Section 1404(a)(1) of the Victims of Crime Act of 1984

9 (42 U.S.C. 10603(a)(1)) is amended—

10 (1) by striking ‘‘or for the purpose of grants

11 under section 1403 but not used for that purpose’’;

12 and

13 (2) by adding at the end the following:

14 ‘‘The Director, in the Director’s discretion, may use

15 amounts made available under section 1402(d)(2) for the

16 purposes of grants under section 1403 but not used for that

17 purpose, for grants under this subsection, either in the year

18 such amounts are not so used, or the next year.’’.

19 SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.

20 Section 1404(c)(1)(A) of the Victims of Crime Act of

21 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting

22 ‘‘demonstration projects and’’ before ‘‘training’’.
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1 SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS2 SISTANCE.

3 (a) CREATION OF EXCEPTION.—Section 1404(b)(2) of

4 the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2))

5 is amended by striking ‘‘An eligible’’ and inserting ‘‘Except

6 as provided in paragraph (3), an eligible’’.

7 (b) REQUIREMENTS OF EXCEPTION.—Section 1404(b)

8 of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b))

9 is amended by adding at the end the following new sub10 section:

11 ‘‘(3) Not more than 5 percent of sums received

12 under subsection (a) may be used for the administra13 tion of the State crime victim assistance program re14 ceiving such sums.’’.

15 SEC. 917. MAINTENANCE OF EFFORT.

16 Section 1407 of the Victims of Crime Act of 1984 (42

17 U.S.C. 10604) is amended by adding at the end the follow18 ing new subsection:

19 ‘‘(h) Each entity receiving sums made available under

20 this Act for administrative purposes shall certify that such

21 sums will not be used to supplant State or local funds, but

22 will be used to increase the amount of such funds that

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

24 for these purposes.’’.
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1 Subtitle C—Senior Citizens

2 SEC. 921. SHORT TITLE.

3 This subtitle may be cited as the ‘‘National Triad Pro4 gram Act’’.

5 SEC. 922. FINDINGS.

6 The Congress finds that—

7 (1) senior citizens are among the most rapidly

8 growing segments of our society;

9 (2) currently, senior citizens comprise 15 percent

10 of our society, and predictions are that by the turn

11 of the century they will constitute 18 percent of our

12 Nation’s population;

13 (3) senior citizens find themselves uniquely situ14 ated in our society, environmentally and physically;

15 (4) many senior citizens are experiencing in16 creased social isolation due to fragmented and distant

17 familial relations, scattered associations, limited ac18 cess to transportation, and other insulating factors;

19 (5) physical conditions such as hearing loss, poor

20 eyesight, lessened agility, and chronic and debilitat21 ing illnesses often contribute to an older person’s sus22 ceptibility to criminal victimization;

23 (6) senior citizens are too frequently the victims

24 of abuse and neglect, violent crime, property crime,
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1 consumer fraud, medical quackery, and confidence

2 games;

3 (7) studies have found that senior citizens that

4 are victims of violent crime are more likely to be in5 jured and require medical attention than are younger

6 victims;

7 (8) victimization data on crimes against senior

8 citizens are incomplete and out of date, and data

9 sources are partial, scattered, and not easily obtained;

10 (9) although a few studies have attempted to de11 fine and estimate the extent of abuse and neglect of

12 senior citizens, both in their homes and in institu13 tional settings, many experts believe that this crime

14 is substantially underreported and undetected;

15 (10) similarly, while some evidence suggests that

16 senior citizens may be targeted in a range of fraudu17 lent schemes, neither the Uniform Crime Report nor

18 the National Crime Survey collects data on

19 individual- or household-level fraud;

20 (11) many law enforcement agencies do not have

21 model practices for responding to the criminal abuse

22 of senior citizens;

23 (12) law enforcement officers and social service

24 providers come from different disciplines and fre-
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1 quently bring different perspectives to the problem of

2 crimes against senior citizens;

3 (13) those differences, in turn, can contribute to

4 inconsistent approaches to the problem and inhibit a

5 genuinely effective response;

6 (14) there are, however, a few efforts currently

7 under way that seek to forge partnerships to coordi8 nate criminal justice and social service approaches to

9 victimization of senior citizens;

10 (15) the Triad program, sponsored by the Na11 tional Sheriffs’ Association (NSA), the International

12 Association of Chiefs of Police (IACP), and the Amer13 ican Association of Retired Persons (AARP), is one

14 such effort; and

15 (16) recognizing that senior citizens have the

16 same fundamental desire as other members of our so17 ciety to live freely, without fear or restriction due to

18 the criminal element, the Federal Government should

19 seek to expand efforts to reduce crime against this

20 growing and uniquely vulnerable segment of our pop21 ulation.

22 SEC. 923. PURPOSES.

23 The purposes of this subtitle are—

24 (1) to support a coordinated effort among law

25 enforcement and social service agencies to stem the
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1 tide of violence against senior citizens and support

2 media and nonmedia strategies aimed at increasing

3 both public understanding of the problem and the sen4 ior citizens’ skills in preventing crime against them5 selves and their property; and

6 (2) to address the problem of crime against sen7 ior citizens in a systematic and effective manner by

8 promoting and expanding collaborative crime preven9 tion programs, such as the Triad model, that assist

10 law enforcement agencies and senior citizens in im11 plementing specific strategies for crime prevention,

12 victim assistance, citizen involvement, and public

13 education.

14 SEC. 924. NATIONAL ASSESSMENT AND DISSEMINATION.

15 (a) IN GENERAL.—The Director of the National Insti16 tute of Justice shall, subject to the availability of appropria17 tions, conduct a qualitative and quantitative national as18 sessment of—

19 (1) the nature and extent of crimes committed

20 against senior citizens and the effect of such crimes

21 on the victims;

22 (2) the numbers, extent, and impact of violent

23 crimes and nonviolent crimes (such as frauds and

24 ‘‘scams’’) against senior citizens and the extent of un25 reported crime;
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1 (3) the collaborative needs of law enforcement,

2 health, and social service organizations, focusing on

3 prevention of crimes against senior citizens, to iden4 tify, investigate, and provide assistance to victims of

5 those crimes; and

6 (4) the development and growth of strategies to

7 respond effectively to the matters described in para8 graphs (1), (2), and (3).

9 (b) MATTERS TO BE ADDRESSED.—The national as10 sessment made pursuant to subsection (a) shall address—

11 (1) the analysis and synthesis of data from a

12 broad range of sources in order to develop accurate

13 information on the nature and extent of crimes

14 against senior citizens, including identifying and

15 conducting such survey and other data collection ef16 forts as are needed and designing a strategy to keep

17 such information current over time;

18 (2) institutional and community responses to el19 derly victims of crime, focusing on the problems asso20 ciated with fear of victimization, abuse of senior citi21 zens, and hard-to-reach senior citizens who are in

22 poor health, are living alone or without family near23 by, or living in high crime areas;

24 (3) special services and responses required by el25 derly victims;
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1 (4) whether the experience of senior citizens with

2 some service organizations differs markedly from that

3 of younger populations;

4 (5) the kinds of programs that have proven use5 ful in reducing victimization of senior citizens

6 through crime prevention activities and programs;

7 (6) the kinds of programs that contribute to suc8 cessful coordination among public sector agencies and

9 community organizations in reducing victimization

10 of senior citizens; and

11 (7) the research agenda needed to develop a com12 prehensive understanding of the problems of crimes

13 against senior citizens, including the changes that can

14 be anticipated in the crimes themselves and appro15 priate responses as the society increasingly ages.

16 (c) AVOIDANCE OF DUPLICATION.—In conducting the

17 assessment under subsection (a), the Director of the Na18 tional Institute of Justice shall draw upon the findings of

19 existing studies and avoid duplication of efforts that have

20 previously been made.

21 (d) DISSEMINATION.—Based on the results of the na22 tional assessment and analysis of successful or promising

23 strategies in dealing with the problems described in sub24 section (b) and other problems, including coalition efforts

25 such as the Triad programs described in sections 922 and
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1 923, the Director of the National Institute of Justice shall

2 disseminate the results through reports, publications, clear3 inghouse services, public service announcements, and pro4 grams of evaluation, demonstration, training, and technical

5 assistance.

6 SEC. 925. PILOT PROGRAMS.

7 (a) AWARDS.—The Director of the Bureau of Justice

8 Assistance shall, subject to the availability of appropria9 tions, make grants to coalitions of local law enforcement

10 agencies and senior citizens to assist in the development of

11 programs and execute field tests of particularly promising

12 strategies for crime prevention services and related services

13 based on the concepts of the Triad model, which can then

14 be evaluated and serve as the basis for further demonstra15 tion and education programs.

16 (b) TRIAD COOPERATIVE MODEL.—(1) Subject to

17 paragraph (2), a pilot program funded under this section

18 shall consist of the Triad cooperative model developed by

19 the organizations described in section 922(15), which calls

20 for the participation of the sheriff, at least 1 police chief,

21 and a representative of at least 1 senior citizens’ organiza22 tion within a county and may include participation by

23 general service coalitions of law enforcement, victim service,

24 and senior citizen advocate organizations.
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1 (2) If there is not both a sheriff and a police chief in

2 a county or if the sheriff or a police chief do not participate,

3 a pilot program funded under this section shall include in

4 the place of the sheriff or police chief another key law en5 forcement official in the county such as a local prosecutor.

6 (c) APPLICATION.—A coalition or Triad program that

7 desires to establish a pilot program under this section shall

8 submit to the Director of the Bureau of Justice Assistance

9 an application that includes—

10 (1) a description of the community and its sen11 ior citizen population;

12 (2) assurances that Federal funds received under

13 this part shall be used to provide additional and ap14 propriate education and services to the community’s

15 senior citizens;

16 (3) a description of the extent of involvement of

17 each organizational component (chief, sheriff (or other

18 law enforcement official), and senior organization

19 representative) and focus of the Triad program;

20 (4) a comprehensive plan including—

21 (A) a description of the crime problems fac22 ing senior citizens and need for expanded law

23 enforcement and victim assistance services;

24 (B) a description of the types of projects to

25 be developed or expanded;
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1 (C) a plan for an evaluation of the results

2 of Triad endeavors;

3 (D) a description of the resources (including

4 matching funds, in-kind services, and other re5 sources) available in the community to imple6 ment the Triad development or expansion;

7 (E) a description of the gaps that cannot be

8 filled with existing resources;

9 (F) an explanation of how the requested

10 grant will be used to fill those gaps; and

11 (G) a description of the means and methods

12 the applicant will use to reduce criminal victim13 ization of older persons; and

14 (5) funding requirements for implementing a

15 comprehensive plan.

16 (d) DISTRIBUTION OF AWARDS.—The Director of the

17 Bureau of Justice Assistance shall make awards—

18 (1) to 17 Triad programs in counties with a

19 population of less than 50,000;

20 (2) to 17 Triad programs in counties with a

21 population of at least 50,000 but less than 100,000;

22 and

23 (3) to 16 Triad programs in counties with a

24 population of 100,000 or more.
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1 (e) POST-GRANT PERIOD REPORT.—A grant recipient

2 under this section shall, not later than 6 months after the

3 conclusion of the grant period, submit to the Director of

4 the Bureau of Justice Assistance a report that—

5 (1) describes the composition of organizations

6 that participated in the pilot program;

7 (2) identifies problem areas encountered during

8 the course of the pilot program;

9 (3) provides data comparing the types and fre10 quency of criminal activity before and after the grant

11 period and the effect of such criminal activity on sen12 ior citizens in the community; and

13 (4) describes the grant recipient’s plans and

14 goals for continuance of the Triad program after the

15 grant period.

16 SEC. 926. TRAINING ASSISTANCE, EVALUATION, AND DIS17 SEMINATION AWARDS.

18 In conjunction with the national assessment under sec19 tion 924—

20 (1) the Director of the Bureau of Justice Assist21 ance shall make awards to organizations with dem22 onstrated ability to provide training and technical

23 assistance in establishing crime prevention programs

24 based on the Triad model, for purposes of aiding in
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1 the establishment and expansion of pilot programs

2 under this section; and

3 (2) the Director of the National Institute of Jus4 tice shall make awards to research organizations, for

5 the purposes of—

6 (A) evaluating the effectiveness of selected

7 pilot programs; and

8 (B) conducting the research and develop9 ment identified through the national assessment

10 as being critical; and

11 (3) the Director of the Bureau of Justice Assist12 ance shall make awards to public service advertising

13 coalitions, for the purposes of mounting a program of

14 public service advertisements to increase public

15 awareness and understanding of the issues surround16 ing crimes against senior citizens and promoting

17 ideas or programs to prevent them.

18 SEC. 927. REPORT.

19 The Director of the Bureau of Justice Assistance and

20 the Director of the National Institute of Justice shall submit

21 to Congress an annual report (which may be included with

22 the report submitted under section 102(b) of title I of the

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

24 U.S.C. 3712(b)) describing the results of the pilot programs

25 conducted under section 925.
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1 SEC. 928. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated—

3 (1) $2,000,000 to the Bureau of Justice Assist4 ance for the purpose of making Triad pilot program

5 awards in that amount under section 925;

6 (2) $1,000,000 to the Bureau of Justice Assist7 ance for the purpose of funding the national training

8 and technical assistance effort under sections 924 and

9 926;

10 (3) $1,000,000 to the Bureau of Justice Assist11 ance for the purpose of developing public service an12 nouncements under sections 924 and 926;

13 (4) $2,000,000 to the National Institute of Jus14 tice for the purposes of conducting the national assess15 ment, evaluation pilot programs, and carrying out

16 the research agenda under sections 924 and 926; and

17 (5) to the extent that funds are not otherwise

18 available for the purpose, such sums as are necessary

19 to pay the administrative costs of carrying out this

20 subtitle.

21 TITLE X—STATE AND LOCAL LAW

22 ENFORCEMENT

23 Subtitle A—DNA Identification

24 SEC. 1001. SHORT TITLE.

25 This subtitle may be cited as the ‘‘DNA Identification

26 Act of 1993’’.
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1 SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAIL2 ABILITY OF DNA ANALYSES FOR LAW EN3 FORCEMENT IDENTIFICATION PURPOSES.

4 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

5 GRANT PROGRAM.—Section 501(b) of title I of the Omnibus

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

7 3751(b)) is amended—

8 (1) by striking ‘‘and’’ at the end of paragraph

9 (20);

10 (2) by striking the period at the end of para11 graph (21) and inserting ‘‘; and’’; and

12 (3) by adding at the end the following new para13 graph:

14 ‘‘(22) developing or improving in a forensic lab15 oratory a capability to analyze deoxyribonucleic acid

16 (hereinafter in this title referred to as ‘DNA’) for

17 identification purposes.’’.

18 (b) STATE APPLICATIONS.—Section 503(a) of title I

19 of the Omnibus Crime Control and Safe Streets Act of 1968

20 (42 U.S.C. 3753(a)) is amended by adding at the end the

21 following new paragraph:

22 ‘‘(12) If any part of funds received from a grant

23 made under this part is to be used to develop or im24 prove a DNA analysis capability in a forensic labora25 tory, a certification that—
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1 ‘‘(A) DNA analyses performed at such lab2 oratory will satisfy or exceed then current stand3 ards for a quality assurance program for DNA

4 analysis, issued by the Director of the Federal

5 Bureau of Investigation under section 1003 of

6 the DNA Identification Act of 1993;

7 ‘‘(B) DNA samples obtained by, and DNA

8 analyses performed at, such laboratory will be

9 accessible only—

10 ‘‘(i) to criminal justice agencies for

11 law enforcement identification purposes;

12 ‘‘(ii) in judicial proceedings, if other13 wise admissible pursuant to applicable stat14 utes or rules;

15 ‘‘(iii) for criminal defense purposes, to

16 a defendant, who shall have access to sam17 ples and analyses performed in connection

18 with the case in which such defendant is

19 charged; or

20 ‘‘(iv) if personally identifiable infor21 mation is removed, for a population statis22 tics database, for identification research

23 and protocol development purposes, or for

24 quality control purposes; and
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1 ‘‘(C) such laboratory, and each analyst per2 forming DNA analyses at such laboratory, will

3 undergo, at regular intervals of not to exceed 180

4 days, external proficiency testing by a DNA pro5 ficiency testing program meeting the standards

6 issued under section 1003 of the DNA Identifica7 tion Act of 1993.’’.

8 (c) DNA IDENTIFICATION GRANTS.—

9 (1) PART X.—Title I of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et

11 seq.), as amended by section 2802(a), is amended—

12 (A) by redesignating part X as part Y,

13 (B) by redesignating section 2401 as section

14 2501; and

15 (C) by inserting after part W the following

16 new part:

17 ‘‘PART X—DNA IDENTIFICATION GRANTS

18 ‘‘SEC. 2401. GRANT AUTHORIZATION.

19 ‘‘The Director may make funds available under this

20 part to States and units of local government, or combina21 tions thereof, to carry out all or a substantial part of a

22 program or project intended to develop or improve the capa23 bility to analyze deoxyribonucleic acid (referred to in this

24 part as ‘‘DNA’’) in a forensic laboratory.
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1 ‘‘SEC. 2402. APPLICATIONS.

2 ‘‘To request a grant under this part, the chief executive

3 officer of a State or unit of local government shall submit

4 an application in such form as the Director may require.

5 ‘‘SEC. 2403. APPLICATION REQUIREMENTS.

6 ‘‘No grant may be made under this part unless an ap7 plication has been submitted to the Director in which the

8 applicant certifies that—

9 ‘‘(1) DNA analyses performed at the laboratory

10 will satisfy or exceed then current standards for a

11 quality assurance program for DNA analysis issued

12 by the Director of the Federal Bureau of Investigation

13 under section 1003 of the DNA Identification Act of

14 1993.

15 ‘‘(2) DNA samples obtained by and DNA analy16 ses performed at the laboratory shall be made avail17 able only—

18 ‘‘(A) to criminal justice agencies for law en19 forcement identification purposes;

20 ‘‘(B) in judicial proceedings, if otherwise

21 admissible pursuant to applicable statutes or

22 rules;

23 ‘‘(C) for criminal defense purposes, to a de24 fendant, who shall have access to samples and

25 analyses performed in connection with the case

26 in which the defendant is charged; and
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1 ‘‘(D) to others, if personally identifiable in2 formation is removed, for a population statistics

3 database, for identification research and protocol

4 development purposes, or for quality control pur5 poses; and

6 ‘‘(3) the laboratory and each analyst performing

7 DNA analyses at the laboratory shall undergo, at reg8 ular intervals not exceeding 180 days, external pro9 ficiency testing by a DNA proficiency testing pro10 gram that meets the standards issued under section

11 1003 of the DNA Identification Act of 1993.

12 ‘‘SEC. 2404. ADMINISTRATIVE PROVISIONS.

13 ‘‘(a) REGULATION AUTHORITY.—The Director may

14 promulgate guidelines, regulations, and procedures, as nec15 essary to carry out the purposes of this part, including limi16 tations on the number of awards made during each fiscal

17 year, the submission and review of applications, selection

18 criteria, and the extension or continuation of awards.

19 ‘‘(b) AWARD AUTHORITY.—The Director shall have

20 final authority over all funds awarded under this part.

21 ‘‘(c) TECHNICAL ASSISTANCE.—To assist and measure

22 the effectiveness and performance of programs and activities

23 funded under this part, the Director shall provide technical

24 assistance as required.
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1 ‘‘SEC. 2405. RESTRICTIONS ON USE OF FUNDS.

2 ‘‘(a) FEDERAL SHARE.—The Federal share of a grant,

3 contract, or cooperative agreement made under this part

4 may not exceed 75 percent of the total costs of the project

5 described in the application submitted for the fiscal year

6 for which the project receives assistance.

7 ‘‘(b) ADMINISTRATIVE COSTS.—A State or unit of local

8 government may not use more than 10 percent of the funds

9 it receives from this part for administrative expenses.

10 ‘‘SEC. 2406. REPORTS.

11 ‘‘(a) REPORTS TO DIRECTOR.—Each State or unit of

12 local government which receives a grant under this part

13 shall submit to the Director, for each year in which funds

14 from a grant received under this part is expended, a report

15 at such time and in such manner as the Director may rea16 sonably require which contains—

17 ‘‘(1) a summary of the activities carried out

18 under the grant and an assessment of whether such

19 activities are meeting the needs identified in the ap20 plication submitted under section 2402; and

21 ‘‘(2) such other information as the Director may

22 require.

23 ‘‘(b) REPORTS TO CONGRESS.—Not later than 90 days

24 after the end of each fiscal year for which grants are made

25 under this part, the Director shall submit to the Speaker
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1 of the House of Representatives and the President pro tem2 pore of the Senate, a report that includes—

3 ‘‘(1) the aggregate amount of grants made under

4 this part to each State or unit of local government for

5 such fiscal year; and

6 ‘‘(2) a summary of the information provided in

7 compliance with subsection (a)(1).

8 ‘‘SEC. 2407. EXPENDITURE RECORDS.

9 ‘‘(a) RECORDS.—Each State or unit of local govern10 ment which receives a grant under this part shall keep

11 records as the Director may require to facilitate an effective

12 audit.

13 ‘‘(b) ACCESS.—The Director, the Comptroller General,

14 or their designated agents shall have access, for the purpose

15 of audit and examination, to any books, documents, and

16 records of States and units of local government which re17 ceive grants made under this part if, in the opinion of the

18 Director, the Comptroller General, or their designated

19 agents, such books, documents, and records are related to

20 the receipt or use of any such grant.’’.

21 (2) TABLE OF CONTENTS.—The table of contents

22 of title I of the Omnibus Crime Control and Safe

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

24 amended by section 2802(c), is amended by striking
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1 the matter relating to part W and inserting the fol2 lowing:

‘‘PART X—DNA IDENTIFICATION GRANTS

‘‘Sec. 2401. Grant Authorization.

‘‘Sec. 2402. Applications.

‘‘Sec. 2403. Application requirements.

‘‘Sec. 2404. Administrative provisions.

‘‘Sec. 2405. Restrictions on use of funds.

‘‘Sec. 2406. Reports.

‘‘Sec. 2407. Expenditure records.

‘‘PART Y—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—Sec4 tion 1001 of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3793), as amended by

6 section 2802(c), is amended—

7 (A) in paragraph (3) by striking ‘‘and W’’

8 and inserting ‘‘W, and X’’; and

9 (B) adding at the end the following new

10 paragraph:

11 ‘‘(18) There are authorized to be appropriated to

12 carry out part X $5,000,000 for each of fiscal years

13 1994, 1995, 1996, 1997, 1998, and 1999.’’.

14 (4) EFFECTIVE DATE.—The amendments made

15 by this section shall take effect on the date that is 60

16 days after the date of enactment of this Act.
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1 SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TEST2 ING STANDARDS.

3 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO4 FICIENCY TESTING STANDARDS.—(1)(A) Not later than 180

5 days after the date of enactment of this Act, the Director

6 of the Federal Bureau of Investigation shall appoint an ad7 visory board on DNA quality assurance methods from

8 among nominations proposed by the head of the National

9 Academy of Sciences and professional societies of crime lab10 oratory officials.

11 (B) The advisory board shall include as members sci12 entists from State, local, and private forensic laboratories,

13 molecular geneticists and population geneticists not affili14 ated with a forensic laboratory, and a representative from

15 the National Institute of Standards and Technology.

16 (C) The advisory board shall develop, and if appro17 priate, periodically revise, recommended standards for

18 quality assurance, including standards for testing the pro19 ficiency of forensic laboratories, and forensic analysts, in

20 conducting analyses of DNA.

21 (2) The Director of the Federal Bureau of Investiga22 tion, after taking into consideration such recommended

23 standards, shall issue (and revise from time to time) stand24 ards for quality assurance, including standards for testing

25 the proficiency of forensic laboratories, and forensic ana26 lysts, in conducting analyses of DNA.
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1 (3) The standards described in paragraphs (1) and (2)

2 shall specify criteria for quality assurance and proficiency

3 tests to be applied to the various types of DNA analyses

4 used by forensic laboratories. The standards shall also in5 clude a system for grading proficiency testing performance

6 to determine whether a laboratory is performing acceptably.

7 (4) Until such time as the advisory board has made

8 recommendations to the Director of the Federal Bureau of

9 Investigation and the Director has acted upon those rec10 ommendations, the quality assurance guidelines adopted by

11 the technical working group on DNA analysis methods shall

12 be deemed the Director’s standards for purposes of this sec13 tion.

14 (b) ADMINISTRATION OF THE ADVISORY BOARD.—(1)

15 For administrative purposes, the advisory board appointed

16 under subsection (a) shall be considered an advisory board

17 to the Director of the Federal Bureau of Investigation.

18 (2) Section 14 of the Federal Advisory Committee Act

19 (5 U.S.C. App.) shall not apply with respect to the advisory

20 board appointed under subsection (a).

21 (3) The DNA advisory board established under this sec22 tion shall be separate and distinct from any other advisory

23 board administered by the FBI, and is to be administered

24 separately.
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1 (4) The board shall cease to exist on the date 5 years

2 after the initial appointments are made to the board, unless

3 the existence of the board is extended by the Director of the

4 Federal Bureau of Investigation.

5 (c) PROFICIENCY TESTING PROGRAM.—(1) Not later

6 than 1 year after the effective date of this Act, the Director

7 of the National Institute of Justice shall certify to the Com8 mittees on the Judiciary of the House and Senate that—

9 (A) the Institute has entered into a contract with

10 an appropriate entity for establishing a blind exter11 nal proficiency testing program for DNA analyses,

12 which shall be available to public and private labora13 tories performing forensic DNA analyses;

14 (B) a blind external proficiency testing program

15 for DNA analyses is already readily available to pub16 lic and private laboratories performing forensic DNA

17 analyses; or

18 (C) it is not feasible to have blind external test19 ing for DNA forensic analyses.

20 (2) As used in this subsection, the term ‘‘blind external

21 proficiency test’’ means a test that is presented to a forensic

22 laboratory through a second agency and appears to the ana23 lysts to involve routine evidence.

24 (3) Notwithstanding any other provision of law, the

25 Director of the Bureau of Justice Assistance may make
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1 available to the Director of the National Institute of Justice

2 during the first fiscal year in which funds are distributed

3 under this subtitle up to $250,000 from the funds available

4 under part Y of Title I of the Omnibus Crime Control and

5 Safe Streets Act of 1968 to carry out this subsection.

6 SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EX7 CHANGE OF DNA IDENTIFICATION INFORMA8 TION.

9 (a) ESTABLISHMENT OF INDEX.—The Director of the

10 Federal Bureau of Investigation may establish an index

11 of—

12 (1) DNA identification records of persons con13 victed of crimes;

14 (2) analyses of DNA samples recovered from

15 crime scenes; and

16 (3) analyses of DNA samples recovered from un17 identified human remains.

18 (b) INFORMATION.—The index described in subsection

19 (a) shall include only information on DNA identification

20 records and DNA analyses that are—

21 (1) based on analyses performed by or on behalf

22 of a criminal justice agency in accordance with pub23 licly available standards that satisfy or exceed the

24 guidelines for a quality assurance program for DNA
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1 analysis, issued by the Director of the Federal Bureau

2 of Investigation under section 1003;

3 (2) prepared by laboratories, and DNA analysts,

4 that undergo, at regular intervals of not to exceed 180

5 days, external proficiency testing by a DNA pro6 ficiency testing program meeting the standards issued

7 under section 1003; and

8 (3) maintained by Federal, State, and local

9 criminal justice agencies pursuant to rules that allow

10 disclosure of stored DNA samples and DNA analyses

11 only—

12 (A) to criminal justice agencies for law en13 forcement identification purposes;

14 (B) in judicial proceedings, if otherwise ad15 missible pursuant to applicable statutes or rules;

16 (C) for criminal defense purposes, to a de17 fendant, who shall have access to samples and

18 analyses performed in connection with the case

19 in which such defendant is charged; or

20 (D) if personally identifiable information is

21 removed, for a population statistics database, for

22 identification research and protocol development

23 purposes, or for quality control purposes.

24 (c) FAILURE TO COMPLY.—The exchange of records

25 authorized by this section is subject to cancellation if the
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1 quality control and privacy requirements described in sub2 section (b) are not met.

3 SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.

4 (a) PROFICIENCY TESTING REQUIREMENTS.—

5 (1) GENERALLY.—(A) Personnel at the Federal

6 Bureau of Investigation who perform DNA analyses

7 shall undergo, at regular intervals of not to exceed

8 180 days, external proficiency testing by a DNA pro9 ficiency testing program meeting the standards issued

10 under section 1003.

11 (B) Within 1 year after the date of enactment of

12 this Act, the Director of the Federal Bureau of Inves13 tigation shall arrange for periodic blind external tests

14 to determine the proficiency of DNA analysis per15 formed at the Federal Bureau of Investigation labora16 tory.

17 (C) In this paragraph, ‘‘blind external test’’

18 means a test that is presented to the laboratory

19 through a second agency and appears to the analysts

20 to involve routine evidence.

21 (2) REPORT.—For 5 years after the date of en22 actment of this Act, the Director of the Federal Bu23 reau of Investigation shall submit to the Committees

24 on the Judiciary of the House and Senate an annual
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1 report on the results of each of the tests described in

2 paragraph (1).

3 (b) PRIVACY PROTECTION STANDARDS.—

4 (1) GENERALLY.—Except as provided in para5 graph (2), the results of DNA tests performed for a

6 Federal law enforcement agency for law enforcement

7 purposes may be disclosed only—

8 (A) to criminal justice agencies for law en9 forcement identification purposes;

10 (B) in judicial proceedings, if otherwise ad11 missible pursuant to applicable statues or rules;

12 and

13 (C) for criminal defense purposes, to a de14 fendant, who shall have access to samples and

15 analyses performed in connection with the case

16 in which such defendant is charged.

17 (2) EXCEPTION.—If personally identifiable infor18 mation is removed, test results may be disclosed for

19 a population statistics database, for identification re20 search and protocol development purposes, or for

21 quality control purposes.

22 (c) CRIMINAL PENALTY.—(1) A person who—

23 (A) by virtue of employment or official position,

24 has possession of, or access to, individually identifi25 able DNA information indexed in a database created
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1 or maintained by any Federal law enforcement agen2 cy; and

3 (B) willfully discloses such information in any

4 manner to any person or agency not entitled to re5 ceive it,

6 shall be fined not more than $100,000.

7 (2) A person who, without authorization, willfully ob8 tains DNA samples or individually identifiable DNA infor9 mation indexed in a database created or maintained by any

10 Federal law enforcement agency shall be fined not more

11 than $100,000.

12 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to the Federal

14 Bureau of Investigation to carry out sections 1003, 1004,

15 and 1005 $4,500,000 for each of fiscal years 1994, 1995,

16 1996, 1997, 1998, and 1999.

17 Subtitle B—Department of Justice

18 Community Substance Abuse

19 Prevention

20 SEC. 1011. SHORT TITLE.

21 This section may be cited as the ‘‘Department of Jus22 tice Community Substance Abuse Prevention Act of 1993’’.

23 SEC. 1012. COMMUNITY PARTNERSHIPS.

24 (a) IN GENERAL.—Part E of title I of the Omnibus

25 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
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1 et seq.) is amended by adding at the end the following new

2 subpart:

3 ‘‘Subpart 4—Community Coalitions on Substance Abuse

4 ‘‘GRANTS TO COMBAT SUBSTANCE ABUSE

5 ‘‘SEC. 531. (a) DEFINITION.—As used in this section,

6 the term ‘eligible coalition’ means an association, consisting

7 of at least 7 organizations, agencies, and individuals that

8 are concerned about preventing substance abuse, that shall

9 include—

10 ‘‘(1) public and private organizations and agen11 cies that represent law enforcement, schools, health

12 and social service agencies, and community-based or13 ganizations; and

14 ‘‘(2) representatives of 3 of the following groups:

15 the clergy, academia, business, parents, youth, the

16 media, civic and fraternal groups, or other non17 governmental interested parties.

18 ‘‘(b) GRANT PROGRAM.—The Attorney General, acting

19 through the Director of the Bureau of Justice Assistance,

20 and the appropriate State agency, may make grants to eli21 gible coalitions in order to—

22 ‘‘(1) plan and implement comprehensive long23 term strategies for substance abuse prevention;

24 ‘‘(2) develop a detailed assessment of existing

25 substance abuse prevention programs and activities to
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1 determine community resources and to identify major

2 gaps and barriers in such programs and activities;

3 ‘‘(3) identify and solicit funding sources to en4 able such programs and activities to become self-sus5 taining;

6 ‘‘(4) develop a consensus regarding the priorities

7 of a community concerning substance abuse;

8 ‘‘(5) develop a plan to implement such priorities;

9 and

10 ‘‘(6) coordinate substance abuse services and ac11 tivities, including prevention activities in the schools

12 or communities and substance abuse treatment pro13 grams.

14 ‘‘(c) COMMUNITY PARTICIPATION.—In developing and

15 implementing a substance abuse prevention program, a coa16 lition receiving funds under subsection (b) shall—

17 ‘‘(1) emphasize and encourage substantial vol18 untary participation in the community, especially

19 among individuals involved with youth such as teach20 ers, coaches, parents, and clergy; and

21 ‘‘(2) emphasize and encourage the involvement of

22 businesses, civic groups, and other community organi23 zations and members.

24 ‘‘(d) APPLICATION.—An eligible coalition shall submit

25 an application to the Attorney General and the appropriate
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1 State agency in order to receive a grant under this section.

2 Such application shall—

3 ‘‘(1) describe and, to the extent possible, docu4 ment the nature and extent of the substance abuse

5 problem, emphasizing who is at risk and specifying

6 which groups of individuals should be targeted for

7 prevention and intervention;

8 ‘‘(2) describe the activities needing financial

9 assistance;

10 ‘‘(3) identify participating agencies, organiza11 tions, and individuals;

12 ‘‘(4) identify the agency, organization, or indi13 vidual that has responsibility for leading the coali14 tion, and provide assurances that such agency, orga15 nization or individual has previous substance abuse

16 prevention experience;

17 ‘‘(5) describe a mechanism to evaluate the success

18 of the coalition in developing and carrying out the

19 substance abuse prevention plan referred to in sub20 section (b)(5) and to report on such plan to the Attor21 ney General on an annual basis; and

22 ‘‘(6) contain such additional information and

23 assurances as the Attorney General and the appro24 priate State agency may prescribe.
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1 ‘‘(e) PRIORITY.—In awarding grants under this sec2 tion, the Attorney General and the appropriate State agen3 cy shall give priority to a community that—

4 ‘‘(1) provides evidence of significant substance

5 abuse;

6 ‘‘(2) proposes a comprehensive and multifaceted

7 approach to eliminating substance abuse;

8 ‘‘(3) encourages the involvement of businesses

9 and community leaders in substance abuse prevention

10 activities;

11 ‘‘(4) demonstrates a commitment and a high pri12 ority for preventing substance abuse; and

13 ‘‘(5) demonstrates support from the community

14 and State and local agencies for efforts to eliminate

15 substance abuse.

16 ‘‘(f) REVIEW.—Each coalition receiving money pursu17 ant to the provisions of this section shall submit an annual

18 report to the Attorney General, and the appropriate State

19 agency, evaluating the effectiveness of the plan described in

20 subsection (b)(5) and containing such additional informa21 tion as the Attorney General, or the appropriate State agen22 cy, may prescribe. The Attorney General, in conjunction

23 with the Director of the Bureau of Justice Assistance, and

24 the appropriate State agency, shall submit an annual re25 view to the Committee on the Judiciary of the Senate and
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1 the Committee on the Judiciary of the House of Representa2 tives. Such review shall—

3 ‘‘(1) evaluate the grant program established in

4 this section to determine its effectiveness;

5 ‘‘(2) implement necessary changes to the pro6 gram that can be done by the Attorney General; and

7 ‘‘(3) recommend any statutory changes that are

8 necessary.

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 $15,000,000 for fiscal year 1995, $20,000,000 for fiscal year

12 1996, and $25,000,000 for fiscal year 1997.’’.

13 (b) TECHNICAL AMENDMENT.—The table of contents of

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

15 of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting

16 after the item relating to section 522 the following:

‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE

‘‘Sec. 531. Grants to combat substance abuse.’’.

17 Subtitle C—Racial and Ethnic Bias

18 Study Grants

19 SEC. 1021. STUDY GRANTS.

20 (a) FINDINGS.—The Congress finds that—

21 (1) equality under law is tested most profoundly

22 by whether a legal system tolerates race playing a role

23 in the criminal justice system; and
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1 (2) States should examine their criminal justice

2 systems in order to ensure that racial and ethnic bias

3 has no part in such criminal justice systems.

4 (b) AUTHORIZATION OF GRANT PROGRAM.—

5 (1) IN GENERAL.—The Attorney General, acting

6 through the Bureau of Justice Assistance, may make

7 grants to States that have established by State law or

8 by the court of last resort a plan for analyzing the

9 role of race in that State’s criminal justice system.

10 Such plan shall include recommendations designed to

11 correct any findings that racial and ethnic bias plays

12 such a role.

13 (2) CRITERIA FOR GRANTS.—Grants under this

14 subsection shall be awarded based upon criteria estab15 lished by the Attorney General. In establishing the

16 criteria, the Attorney General shall take into consid17 eration the population of the respective States, the ra18 cial and ethnic composition of the population of the

19 States, whether the State plan expressly considers the

20 role of race in procedures for jury selection in the

21 State, and the crime rates of the States.

22 (3) REPORTS BY STATES.—Recipients of grants

23 under this subsection shall report the findings and

24 recommendations of studies funded by grants under
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1 this subsection to the Congress within reasonable time

2 limits established by the Attorney General.

3 (4) REIMBURSEMENT OF STATES.—Grants may

4 be made to reimburse States for work started prior to

5 the date of enactment of this Act.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to carry out this section

8 $2,000,000 for each of fiscal years 1995, 1996, 1997, 1998,

9 and 1999.

10 Subtitle D—Improved Training and

11 Technical Automation

12 SEC. 1031. IMPROVED TRAINING AND TECHNICAL AUTOMA13 TION.

14 (a) GRANTS.—

15 (1) IN GENERAL.—The Attorney General shall,

16 subject to the availability of appropriations, make

17 grants to units of State and local law enforcement for

18 the purposes of improving law enforcement agency ef19 ficiency through computerized automation and tech20 nological improvements.

21 (2) TYPES OF PROGRAMS.—Grants under this

22 section may include programs to—

23 (A) increase use of mobile digital terminals;

24 (B) improve communications systems;

25 (C) accomplish paper-flow reduction;
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1 (D) establish or improve ballistics identi2 fication programs;

3 (E) increase the application of automated

4 fingerprint identification systems and their com5 munications on an interstate and intrastate

6 basis; and.

7 (F) improve computerized collection of

8 criminal records.

9 (3) FUNDING.—No funds under this subtitle may

10 be used to implement any cryptographic or digital te11 lephony programs.

12 (b) TRAINING AND INVESTIGATIVE ASSISTANCE.—

13 (1) IN GENERAL.—The Attorney General shall,

14 subject to the availability of appropriations—

15 (A) expand and improve investigative and

16 managerial training courses for State and local

17 law enforcement agencies; and

18 (B) develop and implement, on a pilot basis

19 with no more than 10 participating cities, an

20 intelligent information system that gathers, inte21 grates, organizes, and analyzes information in

22 active support of investigations by Federal,

23 State, and local law enforcement agencies of vio24 lent serial crimes.
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1 (2) IMPROVEMENT OF FACILITIES.—The im2 provement described in subsection (a) shall include

3 improvements of the training facilities of the Federal

4 Bureau of Investigation Academy at Quantico, Vir5 ginia.

6 (3) INTELLIGENT INFORMATION SYSTEM.—The

7 intelligent information system described in paragraph

8 (1)(B) shall be developed and implemented by the

9 Federal Bureau of Investigation and shall utilize the

10 resources of the Violent Criminal Apprehension Pro11 gram.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated for fiscal year 1994—

14 (1) $100,000,000 to carry out subsection (a);

15 (2) $40,000,000 to carry out subsection

16 (b)(1)(A); and

17 (3) $10,000,000 to carry out subsection

18 (b)(2)(B).
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1 TITLE XI—PROVISIONS

2 RELATING TO POLICE OFFICERS

3 Subtitle A—Law Enforcement

4 Family Support

5 SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

6 (a) IN GENERAL.—Title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

8 as amended by section 309(b)(1), is amended—

9 (1) by redesignating part S as part T;

10 (2) by redesignating section 1901 as 2001; and

11 (3) by inserting after part R the following new

12 part:

13 ‘‘PART S—FAMILY SUPPORT

14 ‘‘SEC. 1901. DUTIES OF DIRECTOR.

15 ‘‘The Director shall—

16 ‘‘(1) establish guidelines and oversee the imple17 mentation of family-friendly policies within law en18 forcement-related offices and divisions in the Depart19 ment of Justice;

20 ‘‘(2) study the effects of stress on law enforcement

21 personnel and family well-being and disseminate the

22 findings of such studies to Federal, State, and local

23 law enforcement agencies, related organizations, and

24 other interested parties;
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1 ‘‘(3) identify and evaluate model programs that

2 provide support services to law enforcement personnel

3 and families;

4 ‘‘(4) provide technical assistance and training

5 programs to develop stress reduction and family sup6 port to State and local law enforcement agencies;

7 ‘‘(5) collect and disseminate information regard8 ing family support, stress reduction, and psycho9 logical services to Federal, State, and local law en10 forcement agencies, law enforcement-related organiza11 tions, and other interested entities; and

12 ‘‘(6) determine issues to be researched by the Bu13 reau and by grant recipients.

14 ‘‘SEC. 1902. GENERAL AUTHORIZATION.

15 ‘‘The Director may make grants to States and local

16 law enforcement agencies and to organizations representing

17 State or local law enforcement personnel to provide family

18 support services to law enforcement personnel.

19 ‘‘SEC. 1903. USES OF FUNDS.

20 ‘‘(a) IN GENERAL.—A State or local law enforcement

21 agency or organization that receives a grant under this Act

22 shall use amounts provided under the grant to establish or

23 improve training and support programs for law enforce24 ment personnel.
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1 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

2 agency or organization that receives funds under this part

3 shall provide at least one of the following services:

4 ‘‘(1) Counseling for law enforcement family

5 members.

6 ‘‘(2) Child care on a 24-hour basis.

7 ‘‘(3) Marital and adolescent support groups.

8 ‘‘(4) Stress reduction programs.

9 ‘‘(5) Stress education for law enforcement re10 cruits and families.

11 ‘‘(6) Provide technical assistance and training

12 programs to support any or all of the services de13 scribed in paragraphs (1), (2), (3), (4), and (5).

14 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement agen15 cy or organization that receives funds under this part may

16 provide the following services:

17 ‘‘(1) Post-shooting debriefing for officers and

18 their spouses.

19 ‘‘(2) Group therapy.

20 ‘‘(3) Hypertension clinics.

21 ‘‘(4) Critical incident response on a 24-hour

22 basis.

23 ‘‘(5) Law enforcement family crisis telephone

24 services on a 24-hour basis.
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1 ‘‘(6) Counseling for law enforcement personnel

2 exposed to the human immunodeficiency virus.

3 ‘‘(7) Counseling for peers.

4 ‘‘(8) Counseling for families of personnel killed

5 in the line of duty.

6 ‘‘(9) Seminars regarding alcohol, drug use, gam7 bling, and overeating.

8 ‘‘(10) Technical assistance and training to sup9 port any or all of the services described in paragraphs

10 (1), (2), (3), (4), (5), (6), (7), (8), and (9).

11 ‘‘SEC. 1904. APPLICATIONS.

12 ‘‘A law enforcement agency or organization desiring

13 to receive a grant under this part shall submit to the Direc14 tor an application at such time, in such manner, and con15 taining or accompanied by such information as the Direc16 tor may reasonably require. Such application shall—

17 ‘‘(1) certify that the law enforcement agency

18 shall match all Federal funds with an equal amount

19 of cash or in-kind goods or services from other non20 Federal sources;

21 ‘‘(2) include a statement from the highest rank22 ing law enforcement official from the State or locality

23 or from the highest ranking official from the organi24 zation applying for the grant that attests to the need
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1 and intended use of services to be provided with grant

2 funds; and

3 ‘‘(3) assure that the Director or the Comptroller

4 General of the United States shall have access to all

5 records related to the receipt and use of grant funds

6 received under this part.

7 ‘‘SEC. 1905. AWARD OF GRANTS; LIMITATION.

8 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

9 under this part, the Director shall assure an equitable dis10 tribution of assistance among the States, among urban and

11 rural areas of the United States, and among urban and

12 rural areas of a State.

13 ‘‘(b) DURATION.—The Director may award a grant

14 each fiscal year, not to exceed $100,000 to a State or local

15 law enforcement agency or $250,000 to a law enforcement

16 organization for a period not to exceed 5 years. In any ap17 plication from a State or local law enforcement agency or

18 organization for a grant to continue a program for the sec19 ond, third, fourth, or fifth fiscal year following the first fis20 cal year in which a grant was awarded to such agency,

21 the Director shall review the progress made toward meeting

22 the objectives of the program. The Director may refuse to

23 award a grant if the Director finds sufficient progress has

24 not been made toward meeting such objectives, but only
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1 after affording the applicant notice and an opportunity for

2 reconsideration.

3 ‘‘(c) LIMITATION.—Not more than 10 percent of grant

4 funds received by a State or a local law enforcement agency

5 or organization may be used for administrative purposes.

6 ‘‘SEC. 1906. DISCRETIONARY RESEARCH GRANTS.

7 ‘‘The Director may reserve 10 percent of funds to

8 award research grants to a State or local law enforcement

9 agency or organization to study issues of importance in the

10 law enforcement field as determined by the Director.

11 ‘‘SEC. 1907. REPORTS.

12 ‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State or

13 local law enforcement agency or organization that receives

14 a grant under this part shall submit to the Director an

15 annual report that includes—

16 ‘‘(1) program descriptions;

17 ‘‘(2) the number of staff employed to administer

18 programs;

19 ‘‘(3) the number of individuals who participated

20 in programs; and

21 ‘‘(4) an evaluation of the effectiveness of grant

22 programs.

23 ‘‘(b) REPORT FROM DIRECTOR.—(1) The Director

24 shall submit to the Congress a report not later than March

25 31 of each fiscal year.
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1 ‘‘(2) Such report shall contain—

2 ‘‘(A) a description of the types of projects devel3 oped or improved through funds received under this

4 part;

5 ‘‘(B) a description of exemplary projects and ac6 tivities developed;

7 ‘‘(C) a designation of the family relationship to

8 the law enforcement personnel of individuals served;

9 and

10 ‘‘(D) the number of individuals served in each

11 location and throughout the country.

12 ‘‘SEC. 1908. DEFINITIONS.

13 ‘‘For purposes of this part—

14 ‘‘(1) the term ‘family-friendly policy’ means a

15 policy to promote or improve the morale and well

16 being of law enforcement personnel and their families;

17 and

18 ‘‘(2) the term ‘law enforcement personnel’ means

19 individuals employed by Federal, State, and local law

20 enforcement agencies.’’.

21 (b) TECHNICAL AMENDMENT.—The table of contents of

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

23 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

24 309(b)(2), is amended by striking the matter relating to

25 part R and inserting the following:
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‘‘PART S—FAMILY SUPPORT

‘‘Sec. 1901. Duties of director.

‘‘Sec. 1902. General authorization.

‘‘Sec. 1903. Uses of funds.

‘‘Sec. 1904. Applications.

‘‘Sec. 1905. Award of grants; limitation.

‘‘Sec. 1906. Discretionary research grants.

‘‘Sec. 1907. Reports.

‘‘Sec. 1908. Definitions.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALS

‘‘Sec. 2001. Continuation of rules, authorities, and privileges.’’.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of the Omnibus Crime Control and Safe Streets Act

3 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

4 309(b)(3), is amended—

5 (1) in paragraph (3) by striking ‘‘and R’’ and

6 inserting ‘‘R, and S’’; and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(13) There are authorized to be appropriated to carry

10 out part U $5,000,000 for each of fiscal years 1995, 1996,

11 1997, 1998, and 1999. Not more than 20 percent of such

12 funds may be used to accomplish the duties of the Director

13 under that part, including administrative costs, research,

14 and training programs.’’.

15 Subtitle B—Police Pattern or

16 Practice

17 SEC. 1111. CAUSE OF ACTION.

18 (a) UNLAWFUL CONDUCT.—It shall be unlawful for

19 any governmental authority, or any agent thereof, or any
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1 person acting on behalf of a governmental authority, to en2 gage in a pattern or practice of conduct by law enforcement

3 officers or by officials or employees of any governmental

4 agency with responsibility for the administration of juve5 nile justice or the incarceration of juveniles that deprives

6 persons of rights, privileges, or immunities secured or pro7 tected by the Constitution or laws of the United States.

8 (b) CIVIL ACTION BY ATTORNEY GENERAL.—Whenever

9 the Attorney General has reasonable cause to believe that

10 a violation of paragraph (1) has occurred, the Attorney

11 General, for or in the name of the United States, may in

12 a civil action obtain appropriate equitable and declaratory

13 relief to eliminate the pattern or practice.

14 SEC. 1112. DATA ON USE OF EXCESSIVE FORCE.

15 (a) ATTORNEY GENERAL TO COLLECT.—The Attorney

16 General shall, through the victimization surveys conducted

17 by the Bureau of Justice Statistics, acquire data about the

18 use of excessive force by law enforcement officers.

19 (b) LIMITATION ON USE OF DATA.—Data acquired

20 under this section shall be used only for research or statis21 tical purposes and may not contain any information that

22 may reveal the identity of the victim or any law enforce23 ment officer.
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1 (c) ANNUAL SUMMARY.—The Attorney general shall

2 publish an annual summary of the data acquired under this

3 section.

4 Subtitle C—Police Corps and Law

5 Enforcement Officers Training

6 and Education

7 CHAPTER 1—POLICE CORPS

8 SEC. 1121. SHORT TITLE.

9 This chapter may be cited as the ‘‘Police Corps Act’’.

10 SEC. 1122. PURPOSES.

11 The purposes of this chapter are to—

12 (1) address violent crime by increasing the num13 ber of police with advanced education and training

14 on community patrol; and

15 (2) provide educational assistance to law enforce16 ment personnel and to students who possess a sincere

17 interest in public service in the form of law enforce18 ment.

19 SEC. 1123. DEFINITIONS.

20 In this chapter—

21 ‘‘academic year’’ means a traditional academic

22 year beginning in August or September and ending

23 in the following May or June.
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1 ‘‘dependent child’’ means a natural or adopted

2 child or stepchild of a law enforcement officer who at

3 the time of the officer’s death—

4 (A) was no more than 21 years old; or

5 (B) if older than 21 years, was in fact de6 pendent on the child’s parents for at least one7 half of the child’s support (excluding educational

8 expenses), as determined by the Director.

9 ‘‘Director’’ means the Director of the Office of the

10 Police Corps and Law Enforcement Education ap11 pointed under section 1124.

12 ‘‘educational expenses’’ means expenses that are

13 directly attributable to—

14 (A) a course of education leading to the

15 award of the baccalaureate degree in legal- or

16 criminal justice-related studies; or

17 (B) a course of graduate study legal or

18 criminal justice studies following award of a

19 baccalaureate degree,

20 including the cost of tuition, fees, books, supplies,

21 transportation, room and board and miscellaneous ex22 penses.

23 ‘‘institution of higher education’’ has the mean24 ing stated in the first sentence of section 1201(a) of
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1 the Higher Education Act of 1965 (20 U.S.C.

2 1141(a)).

3 ‘‘participant’’ means a participant in the Police

4 Corps program selected pursuant to section 306.

5 ‘‘State’’ means a State of the United States, the

6 District of Columbia, the Commonwealth of Puerto

7 Rico, the Virgin Islands, American Samoa, Guam,

8 and the Commonwealth of the Northern Mariana Is9 lands.

10 ‘‘State Police Corps program’’ means a State po11 lice corps program that meets the requirements of sec12 tion 1130.

13 SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE

14 CORPS AND LAW ENFORCEMENT EDUCATION.

15 (a) ESTABLISHMENT.—There is established in the De16 partment of Justice, under the general authority of the At17 torney General, an Office of the Police Corps and Law En18 forcement Education.

19 (b) APPOINTMENT OF DIRECTOR.—The Office of the

20 Police Corps and Law Enforcement Education shall be

21 headed by a Director who shall be appointed by the Presi22 dent, by and with the advice and consent of the Senate.

23 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

24 shall be responsible for the administration of the Police

25 Corps program established by this chapter and shall have
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1 authority to promulgate regulations to implement this

2 chapter.

3 SEC. 1125. DESIGNATION OF LEAD AGENCY AND SUBMIS4 SION OF STATE PLAN.

5 (a) LEAD AGENCY.—A State that desires to participate

6 in the Police Corps program under this chapter shall des7 ignate a lead agency that will be responsible for—

8 (1) submitting to the Director a State plan de9 scribed in subsection (b); and

10 (2) administering the program in the State.

11 (b) STATE PLANS.—A State plan shall—

12 (1) contain assurances that the lead agency shall

13 work in cooperation with the local law enforcement li14 aisons, representatives of police labor organizations

15 and police management organizations, and other ap16 propriate State and local agencies to develop and im17 plement interagency agreements designed to carry out

18 the program;

19 (2) contain assurances that the State shall adver20 tise the assistance available under this chapter;

21 (3) contain assurances that the State shall screen

22 and select law enforcement personnel for participation

23 in the program; and

24 (4) meet the requirements of section 1130.
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1 SEC. 1126. SCHOLARSHIP ASSISTANCE.

2 (a) SCHOLARSHIPS AUTHORIZED.—(1) The Director

3 may award scholarships to participants who agree to work

4 in a State or local police force in accordance with agree5 ments entered into pursuant to subsection (d).

6 (2)(A) Except as provided in subparagraph (B), each

7 scholarship payment made under this section for each aca8 demic year shall not exceed—

9 (i) $7,500; or

10 (ii) the cost of the educational expenses related to

11 attending an institution of higher education.

12 (B) In the case of a participant who is pursuing a

13 course of educational study during substantially an entire

14 calendar year, the amount of scholarship payments made

15 during such year shall not exceed $10,000.

16 (C) The total amount of scholarship assistance received

17 by any one student under this section shall not exceed

18 $30,000.

19 (3) Recipients of scholarship assistance under this sec20 tion shall continue to receive such scholarship payments

21 only during such periods as the Director finds that the re22 cipient is maintaining satisfactory progress as determined

23 by the institution of higher education the recipient is at24 tending.
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1 (4)(A) The Director shall make scholarship payments

2 under this section directly to the institution of higher edu3 cation that the student is attending.

4 (B) Each institution of higher education receiving a

5 payment on behalf of a participant pursuant to subpara6 graph (A) shall remit to such student any funds in excess

7 of the costs of tuition, fees, and room and board payable

8 to the institution.

9 (b) REIMBURSEMENT AUTHORIZED.—(1) The Director

10 may make payments to a participant to reimburse such

11 participant for the costs of educational expenses if the stu12 dent agrees to work in a State or local police force in ac13 cordance with the agreement entered into pursuant to sub14 section (d).

15 (2)(A) Each payment made pursuant to paragraph (1)

16 for each academic year of study shall not exceed—

17 (i) $7,500; or

18 (ii) the cost of educational expenses related to at19 tending an institution of higher education.

20 (B) In the case of a participant who is pursuing a

21 course of educational study during substantially an entire

22 calendar year, the amount of scholarship payments made

23 during such year shall not exceed $10,000.

24 (C) The total amount of payments made pursuant to

25 subparagraph (A) to any 1 student shall not exceed $30,000.
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1 (c) USE OF SCHOLARSHIP.—Scholarships awarded

2 under this subsection shall only be used to attend a 4-year

3 institution of higher education, except that—

4 (1) scholarships may be used for graduate and

5 professional study; and

6 (2) if a participant has enrolled in the program

7 upon or after transfer to a 4-year institution of high8 er education, the Director may reimburse the partici9 pant for the participant’s prior educational expenses.

10 (d) AGREEMENT.—(1)(A) Each participant receiving

11 a scholarship or a payment under this section shall enter

12 into an agreement with the Director.

13 (B) An agreement under subparagraph (A) shall con14 tain assurances that the participant shall—

15 (i) after successful completion of a baccalaureate

16 program and training as prescribed in section 8,

17 work for 4 years in a State or local police force with18 out there having arisen sufficient cause for the par19 ticipant’s dismissal under the rules applicable to

20 members of the police force of which the participant

21 is a member;

22 (ii) complete satisfactorily—

23 (I) an educational course of study and re24 ceipt of a baccalaureate degree (in the case of un25 dergraduate study) or the reward of credit to the
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1 participant for having completed one or more

2 graduate courses (in the case of graduate study);

3 and

4 (II) Police Corps training and certification

5 by the Director that the participant has met

6 such performance standards as may be estab7 lished pursuant to section 1128; and

8 (iii) repay all of the scholarship or payment re9 ceived plus interest at the rate of 10 percent if the

10 conditions of clauses (i) and (ii) are not complied

11 with.

12 (2)(A) A recipient of a scholarship or payment under

13 this section shall not be considered to be in violation of the

14 agreement entered into pursuant to paragraph (1) if the

15 recipient—

16 (i) dies; or

17 (ii) becomes permanently and totally disabled as

18 established by the sworn affidavit of a qualified phy19 sician.

20 (B) If a scholarship recipient is unable to comply with

21 the repayment provision set forth in paragraph (1)(B)(ii)

22 because of a physical or emotional disability or for good

23 cause as determined by the Director, the Director may sub24 stitute community service in a form prescribed by the Di25 rector for the required repayment.
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1 (C) The Director shall expeditiously seek repayment

2 from a participant who violates an agreement described in

3 paragraph (1).

4 (e) DEPENDENT CHILD.—A dependent child of a law

5 enforcement officer—

6 (1) who is a member of a State or local police

7 force or is a Federal criminal investigator or uni8 formed police officer,

9 (2) who is not a participant in the Police Corps

10 program, but

11 (3) who serves in a State for which the Director

12 has approved a Police Corps plan, and

13 (4) who is killed in the course of performing po14 lice duties,

15 shall be entitled to the scholarship assistance authorized in

16 this section for any course of study in any accredited insti17 tution of higher education. Such dependent child shall not

18 incur any repayment obligation in exchange for the scholar19 ship assistance provided in this section.

20 (f) APPLICATION.—Each participant desiring a schol21 arship or payment under this section shall submit an appli22 cation as prescribed by the Director in such manner and

23 accompanied by such information as the Director may rea24 sonably require.
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1 SEC. 1127. SELECTION OF PARTICIPANTS.

2 (a) IN GENERAL.—Participants in State Police Corps

3 programs shall be selected on a competitive basis by each

4 State under regulations prescribed by the Director.

5 (b) SELECTION CRITERIA AND QUALIFICATIONS.—(1)

6 In order to participate in a State Police Corps program,

7 a participant shall—

8 (A) be a citizen of the United States or an alien

9 lawfully admitted for permanent residence in the

10 United States;

11 (B) meet the requirements for admission as a

12 trainee of the State or local police force to which the

13 participant will be assigned pursuant to section

14 1130(c)(5), including achievement of satisfactory

15 scores on any applicable examination, except that

16 failure to meet the age requirement for a trainee of

17 the State or local police shall not disqualify the appli18 cant if the applicant will be of sufficient age upon

19 completing an undergraduate course of study;

20 (C) possess the necessary mental and physical

21 capabilities and emotional characteristics to discharge

22 effectively the duties of a law enforcement officer;

23 (D) be of good character and demonstrate sincere

24 motivation and dedication to law enforcement and

25 public service;
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1 (E) in the case of an undergraduate, agree in

2 writing that the participant will complete an edu3 cational course of study leading to the award of a

4 baccalaureate degree and will then accept an appoint5 ment and complete 4 years of service as an officer in

6 the State police or in a local police department with7 in the State;

8 (F) in the case of a participant desiring to un9 dertake or continue graduate study, agree in writing

10 that the participant will accept an appointment and

11 complete 4 years of service as an officer in the State

12 police or in a local police department within the

13 State before undertaking or continuing graduate

14 study;

15 (G) contract, with the consent of the partici16 pant’s parent or guardian if the participant is a

17 minor, to serve for 4 years as an officer in the State

18 police or in a local police department, if an appoint19 ment is offered; and

20 (H) except as provided in paragraph (2), be

21 without previous law enforcement experience.

22 (2)(A) Until the date that is 5 years after the date

23 of enactment of this Act, up to 10 percent of the applicants

24 accepted into the Police Corps program may be persons

25 who—
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1 (i) have had some law enforcement experience;

2 and

3 (ii) have demonstrated special leadership poten4 tial and dedication to law enforcement.

5 (B)(i) The prior period of law enforcement of a partic6 ipant selected pursuant to subparagraph (A) shall not be

7 counted toward satisfaction of the participant’s 4-year serv8 ice obligation under section 1129, and such a participant

9 shall be subject to the same benefits and obligations under

10 this chapter as other participants, including those stated

11 in section (b)(1) (E) and (F).

12 (ii) Clause (i) shall not be construed to preclude count13 ing a participant’s previous period of law enforcement ex14 perience for purposes other than satisfaction of the require15 ments of section 9, such as for purposes of determining such

16 a participant’s pay and other benefits, rank, and tenure.

17 (3) It is the intent of this chapter that there shall be

18 no more than 20,000 participants in each graduating class.

19 The Director shall approve State plans providing in the ag20 gregate for such enrollment of applicants as shall assure,

21 as nearly as possible, annual graduating classes of 20,000.

22 In a year in which applications are received in a number

23 greater than that which will produce, in the judgment of

24 the Director, a graduating class of more than 20,000, the

25 Director shall, in deciding which applications to grant, give
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1 preference to those who will be participating in State plans

2 that provide law enforcement personnel to areas of greatest

3 need.

4 (c) RECRUITMENT OF MINORITIES.—Each State par5 ticipating in the Police Corps program shall make special

6 efforts to seek and recruit applicants from among members

7 of all racial, ethnic or gender groups. This subsection does

8 not authorize an exception from the competitive standards

9 for admission established pursuant to subsections (a) and

10 (b).

11 (d) ENROLLMENT OF APPLICANT.—(1) An applicant

12 shall be accepted into a State Police Corps program on the

13 condition that the applicant will be matriculated in, or ac14 cepted for admission at, a 4-year institution of higher edu15 cation—

16 (A) as a full-time student in an undergraduate

17 program; or

18 (B) for purposes of taking a graduate course.

19 (2) If the applicant is not matriculated or accepted

20 as set forth in paragraph (1), the applicant’s acceptance

21 in the program shall be revoked.

22 (e) LEAVE OF ABSENCE.—(1) A participant in a State

23 Police Corps program who requests a leave of absence from

24 educational study, training or service for a period not to

25 exceed 1 year (or 18 months in the aggregate in the event
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1 of multiple requests) due to temporary physical or emo2 tional disability shall be granted such leave of absence by

3 the State.

4 (2) A participant who requests a leave of absence from

5 educational study, training or service for a period not to

6 exceed 1 year (or 18 months in the aggregate in the event

7 of multiple requests) for any reason other than those listed

8 in paragraph (1) may be granted such leave of absence by

9 the State.

10 (3) A participant who requests a leave of absence from

11 educational study or training for a period not to exceed

12 30 months to serve on an official church mission may be

13 granted such leave of absence.

14 (f) ADMISSION OF APPLICANTS.—An applicant may be

15 admitted into a State Police Corps program either before

16 commencement of or during the applicant’s course of edu17 cational study.

18 SEC. 1128. POLICE CORPS TRAINING.

19 (a) IN GENERAL.—(1) The Director shall establish

20 programs of training for Police Corps participants. Such

21 programs may be carried out at up to 3 training centers

22 established for this purpose and administered by the Direc23 tor, or by contracting with existing State training facilities.

24 The Director shall contract with a State training facility

25 upon request of such facility if the Director determines that
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1 such facility offers a course of training substantially equiv2 alent to the Police Corps training program described in this

3 chapter.

4 (2) The Director may enter into contracts with indi5 viduals, institutions of learning, and government agencies

6 (including State and local police forces) to obtain the serv7 ices of persons qualified to participate in and contribute

8 to the training process.

9 (3) The Director may enter into agreements with agen10 cies of the Federal Government to utilize on a reimbursable

11 basis space in Federal buildings and other resources.

12 (4) The Director may authorize such expenditures as

13 are necessary for the effective maintenance of the training

14 centers, including purchases of supplies, uniforms, and edu15 cational materials, and the provision of subsistence, quar16 ters, and medical care to participants.

17 (b) TRAINING SESSIONS.—A participant in a State

18 Police Corps program shall attend two 8-week training ses19 sions at a training center, one during the summer following

20 completion of sophomore year and one during the summer

21 following completion of junior year. If a participant enters

22 the program after sophomore year, the participant shall

23 complete 16 weeks of training at times determined by the

24 Director.
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1 (c) FURTHER TRAINING.—The 16 weeks of Police

2 Corps training authorized in this section is intended to

3 serve as basic law enforcement training but not to exclude

4 further training of participants by the State and local au5 thorities to which they will be assigned. Each State plan

6 approved by the Director under section 10 shall include as7 surances that following completion of a participant’s course

8 of education each participant shall receive appropriate ad9 ditional training by the State or local authority to which

10 the participant is assigned. The time spent by a participant

11 in such additional training, but not the time spent in Police

12 Corps training, shall be counted toward fulfillment of the

13 participant’s 4-year service obligation.

14 (d) COURSE OF TRAINING.—The training sessions at

15 training centers established under this section shall be de16 signed to provide basic law enforcement training, including

17 vigorous physical and mental training to teach partici18 pants self-discipline and organizational loyalty and to im19 part knowledge and understanding of legal processes and

20 law enforcement.

21 (e) EVALUATION OF PARTICIPANTS.—A participant

22 shall be evaluated during training for mental, physical, and

23 emotional fitness, and shall be required to meet performance

24 standards prescribed by the Director at the conclusion of
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1 each training session in order to remain in the Police Corps

2 program.

3 (f) STIPEND.—The Director shall pay participants in

4 training sessions a stipend of $250 a week during training.

5 SEC. 1129. SERVICE OBLIGATION.

6 (a) SWEARING IN.—Upon satisfactory completion of

7 the participant’s course of education and training program

8 established in section 1128 and meeting the requirements

9 of the police force to which the participant is assigned, a

10 participant shall be sworn in as a member of the police

11 force to which the participant is assigned pursuant to the

12 State Police Corps plan, and shall serve for 4 years as a

13 member of that police force.

14 (b) RIGHTS AND RESPONSIBILITIES.—A participant

15 shall have all of the rights and responsibilities of and shall

16 be subject to all rules and regulations applicable to other

17 members of the police force of which the participant is a

18 member, including those contained in applicable agree19 ments with labor organizations and those provided by State

20 and local law.

21 (c) DISCIPLINE.—If the police force of which the par22 ticipant is a member subjects the participant to discipline

23 such as would preclude the participant’s completing 4 years

24 of service, and result in denial of educational assistance

25 under section 1126, the Director may, upon a showing of
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1 good cause, permit the participant to complete the service

2 obligation in an equivalent alternative law enforcement

3 service and, if such service is satisfactorily completed, sec4 tion 1126(d)(1)(B)(iii) shall not apply.

5 (d) LAYOFFS.—If the police force of which the partici6 pant is a member lays off the participant such as would

7 preclude the participant’s completing 4 years of service, and

8 result in denial of educational assistance under section

9 1126, the Director may permit the participant to complete

10 the service obligation in an equivalent alternative law en11 forcement service and, if such service is satisfactorily com12 pleted, section 1126(d)(1)(B)(iii) shall not apply.

13 SEC. 1130. STATE PLAN REQUIREMENTS.

14 A State Police Corps plan shall—

15 (1) provide for the screening and selection of

16 participants in accordance with the criteria set out in

17 section 1127;

18 (2) state procedures governing the assignment of

19 participants in the Police Corps program to State

20 and local police forces (no more than 10 percent of all

21 the participants assigned in each year by each State

22 to be assigned to a statewide police force or forces);

23 (3) provide that participants shall be assigned to

24 those geographic areas in which—
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1 (A) there is the greatest need for additional

2 law enforcement personnel; and

3 (B) the participants will be used most effec4 tively;

5 (4) provide that to the extent consistent with

6 paragraph (3), a participant shall be assigned to an

7 area near the participant’s home or such other place

8 as the participant may request;

9 (5) provide that to the extent feasible, a partici10 pant’s assignment shall be made at the time the par11 ticipant is accepted into the program, subject to

12 change—

13 (A) prior to commencement of a partici14 pant’s fourth year of undergraduate study, under

15 such circumstances as the plan may specify; and

16 (B) from commencement of a participant’s

17 fourth year of undergraduate study until comple18 tion of 4 years of police service by participant,

19 only for compelling reasons or to meet the needs

20 of the State Police Corps program and only with

21 the consent of the participant;

22 (6) provide that no participant shall be assigned

23 to serve with a local police force—

24 (A) whose size has declined by more than 5

25 percent since June 21, 1989; or
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1 (B) which has members who have been laid

2 off but not retired;

3 (7) provide that participants shall be placed and

4 to the extent feasible kept on community and preven5 tive patrol;

6 (8) ensure that participants will receive effective

7 training and leadership;

8 (9) provide that the State may decline to offer a

9 participant an appointment following completion of

10 Federal training, or may remove a participant from

11 the Police Corps program at any time, only for good

12 cause (including failure to make satisfactory progress

13 in a course of educational study) and after following

14 reasonable review procedures stated in the plan; and

15 (10) provide that a participant shall, while serv16 ing as a member of a police force, be compensated at

17 the same rate of pay and benefits and enjoy the same

18 rights under applicable agreements with labor organi19 zations and under State and local law as other police

20 officers of the same rank and tenure in the police

21 force of which the participant is a member.

22 SEC. 1131. ASSISTANCE TO STATES AND LOCALITIES EM23 PLOYING POLICE CORPS OFFICERS.

24 Each jurisdiction directly employing Police Corps par25 ticipants during the 4-year term of service prescribed by
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1 section 1129 shall receive $10,000 on account of each such

2 participant at the completion of each such year of service,

3 but—

4 (1) no such payment shall be made on account

5 of service in any State or local police force—

6 (A) whose average size, in the year for

7 which payment is to be made, not counting Po8 lice Corps participants assigned under section

9 106, has declined more than 2 percent since Jan10 uary 1, 1993; or

11 (B) which has members who have been laid

12 off but not retired; and

13 (2) no such payment shall be made on account

14 of any Police Corps participant for years of service

15 after the completion of the term of service prescribed

16 in section 1129.

17 SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated to carry out

19 this chapter—

20 (1) $100,000,000 for fiscal year 1995 and

21 $250,000,000 for fiscal year 1996; and

22 (2) such sums as are necessary for each of fiscal

23 years 1997, 1998, and 1999.
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1 SEC. 1133. REPORTS TO CONGRESS.

2 (a) IN GENERAL.—Not later than April 1 of each year,

3 the Director shall submit a report to the Attorney General,

4 the President, the Speaker of the House of Representatives,

5 and the President of the Senate.

6 (b) CONTENTS.—A report under subsection (a) shall—

7 (1) state the number of current and past partici8 pants in the Police Corps program, broken down ac9 cording to the levels of educational study in which

10 they are engaged and years of service they have served

11 on police forces (including service following comple12 tion of the 4-year service obligation);

13 (2) describe the geographic, racial, and gender

14 dispersion of participants in the Police Corps pro15 gram; and

16 (3) describe the progress of the Police Corps pro17 gram and make recommendations for changes in the

18 program.

19 CHAPTER 2—LAW ENFORCEMENT

20 SCHOLARSHIP PROGRAM

21 SEC. 1141. SHORT TITLE.

22 This chapter may be cited as the ‘‘Law Enforcement

23 Scholarships and Recruitment Act’’.

24 SEC. 1142. DEFINITIONS.

25 In this chapter—
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1 ‘‘Director’’ means the Director of the Bureau of

2 Justice Assistance.

3 ‘‘educational expenses’’ means expenses that are

4 directly attributable to—

5 (A) a course of education leading to the

6 award of an associate degree;

7 (B) a course of education leading to the

8 award of a baccalaureate degree; or

9 (C) a course of graduate study following

10 award of a baccalaureate degree,

11 including the cost of tuition, fees, books, supplies, and

12 related expenses.

13 ‘‘institution of higher education’’ has the mean14 ing stated in the first sentence of section 1201(a) of

15 the Higher Education Act of 1965 (20 U.S.C.

16 1141(a)).

17 ‘‘law enforcement position’’ means employment

18 as an officer in a State or local police force, or correc19 tional institution.

20 ‘‘State’’ means a State of the United States, the

21 District of Columbia, the Commonwealth of Puerto

22 Rico, the Virgin Islands of the United States, Amer23 ican Samoa, Guam, and the Commonwealth of the

24 Northern Mariana Islands.
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1 SEC. 1143. ALLOTMENT.

2 From amounts appropriated under section 1150, the

3 Director shall allot—

4 (1) 80 percent of such amounts to States on the

5 basis of the number of law enforcement officers in

6 each State compared to the number of law enforce7 ment officers in all States; and

8 (2) 20 percent of such amounts to States on the

9 basis of the shortage of law enforcement personnel and

10 the need for assistance under this title in the State

11 compared to the shortage of law enforcement personnel

12 and the need for assistance under this title in all

13 States.

14 SEC. 1144. ESTABLISHMENT OF PROGRAM.

15 (a) USE OF ALLOTMENT.—

16 (1) IN GENERAL.—A State that receives an allot17 ment pursuant to section 1143 shall use the allotment

18 to pay the Federal share of the costs of—

19 (A) awarding scholarships to in-service law

20 enforcement personnel to enable such personnel to

21 seek further education; and

22 (B) providing—

23 (i) full-time employment in summer;

24 or
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1 (ii) part-time (not to exceed 20 hours

2 per week) employment for a period not to

3 exceed 1 year.

4 (2) EMPLOYMENT.—The employment described

5 in paragraph (1)(B)—

6 (A) shall be provided by State and local law

7 enforcement agencies for students who are juniors

8 or seniors in high school or are enrolled in an

9 institution of higher education and who dem10 onstrate an interest in undertaking a career in

11 law enforcement;

12 (B) shall not be in a law enforcement posi13 tion; and

14 (C) shall consist of performing meaningful

15 tasks that inform students of the nature of the

16 tasks performed by law enforcement agencies.

17 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

18 SHARE.—

19 (1) PAYMENTS.—The Secretary shall pay to each

20 State that receives an allotment under section 1143

21 the Federal share of the cost of the activities described

22 in the application submitted pursuant to section

23 1147.

24 (2) FEDERAL SHARE.—The Federal share shall

25 not exceed 60 percent.
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1 (3) NON-FEDERAL SHARE.—The non-Federal

2 share of the cost of scholarships and student employ3 ment provided under this chapter shall be supplied

4 from sources other than the Federal Government.

5 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

6 shall be responsible for the administration of the programs

7 conducted pursuant to this title and shall, in consultation

8 with the Assistant Secretary for Postsecondary Education,

9 issue rules to implement this title.

10 (d) ADMINISTRATIVE EXPENSES.—A State that re11 ceives an allotment under section 1143 may reserve not

12 more than 8 percent of the allotment for administrative ex13 penses.

14 (e) SPECIAL RULE.—A State that receives an allot15 ment under section 1143 shall ensure that each scholarship

16 recipient under this title be compensated at the same rate

17 of pay and benefits and enjoy the same rights under appli18 cable agreements with labor organizations and under State

19 and local law as other law enforcement personnel of the

20 same rank and tenure in the office of which the scholarship

21 recipient is a member.

22 (f) SUPPLEMENTATION OF FUNDING.—Funds received

23 under this chapter shall only be used to supplement, and

24 not to supplant, Federal, State, or local efforts for recruit25 ment and education of law enforcement personnel.
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1 SEC. 1145. SCHOLARSHIPS.

2 (a) PERIOD OF AWARD.—Scholarships awarded under

3 this chapter shall be for a period of 1 academic year.

4 (b) USE OF SCHOLARSHIPS.—Each individual award5 ed a scholarship under this chapter may use the scholarship

6 for educational expenses at an institution of higher edu7 cation.

8 SEC. 1146. ELIGIBILITY.

9 (a) SCHOLARSHIPS.—A person shall be eligible to re10 ceive a scholarship under this chapter if the person has been

11 employed in law enforcement for the 2-year period imme12 diately preceding the date on which assistance is sought.

13 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A

14 person who has been employed as a law enforcement officer

15 is ineligible to participate in a student employment pro16 gram carried out under this chapter.

17 SEC. 1147. STATE APPLICATION.

18 (a) IN GENERAL.—Each State desiring an allotment

19 under section 1143 shall submit an application to the Di20 rector at such time, in such manner, and accompanied by

21 such information as the Director may reasonably require.

22 (b) CONTENTS.—An application under subsection (a)

23 shall—

24 (1) describe the scholarship program and the stu25 dent employment program for which assistance under

26 this title is sought;
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1 (2) contain assurances that the lead agency will

2 work in cooperation with the local law enforcement li3 aisons, representatives of police labor organizations

4 and police management organizations, and other ap5 propriate State and local agencies to develop and im6 plement interagency agreements designed to carry out

7 this chapter;

8 (3) contain assurances that the State will adver9 tise the scholarship assistance and student employ10 ment it will provide under this chapter and that the

11 State will use such programs to enhance recruitment

12 efforts;

13 (4) contain assurances that the State will screen

14 and select law enforcement personnel for participation

15 in the scholarship program under this chapter;

16 (5) contain assurances that under such student

17 employment program the State will screen and select,

18 for participation in such program, students who have

19 an interest in undertaking a career in law

20 enforcement;

21 (6) contain assurances that under such scholar22 ship program the State will make scholarship pay23 ments to institutions of higher education on behalf of

24 persons who receive scholarships under this chapter;
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1 (7) with respect to such student employment pro2 gram, identify—

3 (A) the employment tasks that students will

4 be assigned to perform;

5 (B) the compensation that students will be

6 paid to perform such tasks; and

7 (C) the training that students will receive

8 as part of their participation in the program;

9 (8) identify model curriculum and existing pro10 grams designed to meet the educational and profes11 sional needs of law enforcement personnel; and

12 (9) contain assurances that the State will pro13 mote cooperative agreements with educational and

14 law enforcement agencies to enhance law enforcement

15 personnel recruitment efforts in institutions of higher

16 education.

17 SEC. 1148. LOCAL APPLICATION.

18 (a) IN GENERAL.—A person who desires a scholarship

19 or employment under this chapter shall submit an applica20 tion to the State at such time, in such manner, and accom21 panied by such information as the State may reasonably

22 require.

23 (b) CONTENTS.—An application under subsection (a)

24 shall describe—
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1 (1) the academic courses for which a scholarship

2 is sought; or

3 (2) the location and duration of employment

4 that is sought.

5 (c) PRIORITY.—In awarding scholarships and provid6 ing student employment under this chapter, each State shall

7 give priority to applications from persons who are—

8 (1) members of racial, ethnic, or gender groups

9 whose representation in the law enforcement agencies

10 within the State is substantially less than in the pop11 ulation eligible for employment in law enforcement in

12 the State;

13 (2) pursuing an undergraduate degree; and

14 (3) not receiving financial assistance under the

15 Higher Education Act of 1965.

16 SEC. 1149. SCHOLARSHIP AGREEMENT.

17 (a) IN GENERAL.—A person who receives a scholarship

18 under this chapter shall enter into an agreement with the

19 Director.

20 (b) CONTENTS.—An agreement described in subsection

21 (a) shall—

22 (1) provide assurances that the scholarship recip23 ient will work in a law enforcement position in the

24 State that awarded the scholarship in accordance

25 with the service obligation described in subsection (c)
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1 after completion of the scholarship recipient’s aca2 demic courses leading to an associate, bachelor, or

3 graduate degree;

4 (2) provide assurances that the scholarship recip5 ient will repay the entire scholarship in accordance

6 with such terms and conditions as the Director shall

7 prescribe if the requirements of the agreement are not

8 complied with, unless the scholarship recipient—

9 (A) dies;

10 (B) becomes physically or emotionally dis11 abled, as established by the sworn affidavit of a

12 qualified physician; or

13 (C) has been discharged in bankruptcy; and

14 (3) set forth the terms and conditions under

15 which the scholarship recipient may seek employment

16 in the field of law enforcement in a State other than

17 the State that awarded the scholarship.

18 (c) SERVICE OBLIGATION.—

19 (1) IN GENERAL.— Except as provided in para20 graph (2), a person who receives a scholarship under

21 this title shall work in a law enforcement position in

22 the State that awarded the scholarship for a period

23 of 1 month for each credit hour for which funds are

24 received under the scholarship.
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1 (2) SPECIAL RULE.—For purposes of satisfying

2 the requirement of paragraph (1), a scholarship recip3 ient shall work in a law enforcement position in the

4 State that awarded the scholarship for not less than

5 6 months but shall not be required to work in such

6 a position for more than 2 years.

7 SEC. 1150. AUTHORIZATION OF APPROPRIATIONS.

8 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to carry out this

10 chapter $30,000,000 for each of fiscal years 1995, 1996,

11 1997, 1998, and 1999.

12 (b) USES OF FUNDS.—Of the funds appropriated

13 under subsection (a) for a fiscal year—

14 (1) 80 percent shall be available to provide schol15 arships described in section 1144(a)(1)(A); and

16 (2) 20 percent shall be available to provide em17 ployment described in sections 1144(a)(1)(B) and

18 1144(a)(2).

19 TITLE XII—DRUG COURT

20 PROGRAMS

21 SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.

22 (a) APPLICATION.—The Attorney General may estab23 lish a unified or coordinated process for applying for grants

24 under parts T, U, and V of title I of the Omnibus Crime

25 Control and Safe Streets Act of 1968, as added by this title.
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1 In addition to any other requirements that may be specified

2 by the Attorney General, an application for a grant under

3 any provision of this title shall—

4 (1) include a long-term strategy and detailed im5 plementation plan;

6 (2) explain the applicant’s inability to fund the

7 program adequately without Federal assistance;

8 (3) certify that the Federal support provided will

9 be used to supplement, and not supplant, State and

10 local sources of funding that would otherwise be avail11 able;

12 (4) identify related governmental and commu13 nity initiatives which complement or will be coordi14 nated with the proposal;

15 (5) certify that there has been appropriate co16 ordination with all affected agencies;

17 (6) specify plans for obtaining necessary support

18 and continuing the proposed program following the

19 conclusion of Federal support; and

20 (7) certify that no violent offenders will be eligi21 ble or allowed to participate in the program author22 ized under part U.

23 (b) REGULATORY AUTHORITY.—

24 (1) IN GENERAL.—The Attorney General shall

25 issue regulations and guidelines to carry out the pro-
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1 grams authorized by this title, including specifica2 tions concerning application requirements, selection

3 criteria, duration and renewal of grants, evaluation

4 requirements, matching funds, limitation of adminis5 trative expenses, submission of reports by grantees,

6 recordkeeping by grantees, and access to books,

7 records, and documents maintained by grantees or

8 other persons for purposes of audit or examination.

9 (2) PROHIBITION OF PARTICIPATION BY VIOLENT

10 OFFENDERS.—The Attorney General shall—

11 (A) issue regulations and guidelines to en12 sure that the programs authorized under part U

13 of this title do not permit participation by vio14 lent offenders; and

15 (B) immediately suspend funding for any

16 grant under this title if the Attorney General

17 finds that violent offenders are participating in

18 any program funded under part U.

19 (c) TECHNICAL ASSISTANCE AND EVALUATION.—The

20 Attorney General may provide technical assistance to

21 grantees under the programs authorized by this title. The

22 Attorney General may carry out, or arrange by grant or

23 contract or otherwise for the carrying out of, evaluations

24 or programs receiving assistance under the programs au25 thorized by this title, in addition to any evaluations that
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1 grantees may be required to carry out pursuant to sub2 section (b).

3 (d) USE OF COMPONENTS.—The Attorney General

4 may utilize any component or components of the Depart5 ment of Justice in carrying out this section or other provi6 sions of this title, or in coordinating activities under the

7 programs authorized by this title.

8 (e) GAO STUDY.—

9 (1) IN GENERAL.—The Comptroller General of

10 the United States shall study and assess the effective11 ness and impact of grants authorized by this title and

12 report to Congress the results of the study on or before

13 January 1, 1997.

14 (2) DOCUMENTS AND INFORMATION.—The Attor15 ney General and grant recipients shall provide the

16 Comptroller General with all relevant documents and

17 information that the Comptroller General deems nec18 essary to conduct the study under paragraph (1), in19 cluding the identities and criminal records of pro20 gram participants.

21 (3) CRITERIA.—In assessing the effectiveness of

22 the grants made under programs authorized by this

23 title, the Comptroller General shall consider, among

24 other things—
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1 (A) recidivism rates of program partici2 pants;

3 (B) completion rates among program par4 ticipants;

5 (C) drug use by program participants; and

6 (D) the costs of the program to the criminal

7 justice system.

8 (f) DEFINITION.—In this title, ‘‘violent offender’’

9 means a person charged with or convicted of an offense (or

10 charged with or adjudicated as a delinquent by reason of

11 conduct that, if engaged in by an adult would constitute

12 an offense), during the course of which offense or conduct—

13 (1) the person carried, possessed, or used a fire14 arm or dangerous weapon;

15 (2) there occurred the death of or serious bodily

16 injury to any person; or

17 (3) there occurred the use of force against the

18 person of another

19 without regard to whether any of the circumstances de20 scribed in paragraph (1), (2), or (3) is an element of the

21 offense or conduct of which or for which the person is

22 charged, convicted, or adjudicated as a delinquent.
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1 SEC. 1202. DRUG TESTING UPON ARREST.

2 (a) IN GENERAL.—Title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

4 as amended by section 1101(a), is amended—

5 (1) by redesignating part T as part U;

6 (2) by redesignating section 2001 as section

7 2101; and

8 (3) by inserting after part S the following new

9 part:

10 ‘‘PART T—DRUG TESTING UPON ARREST

11 ‘‘SEC. 2001. GRANT AUTHORIZATION.

12 ‘‘The Director of the Bureau of Justice Assistance may

13 make grants under this part to States, for the use by States

14 and units of local government in the States, for the purpose

15 of developing, implementing, or continuing a drug testing

16 project when individuals are arrested, during the pretrial

17 period or during participation in any pre- or post-convic18 tion diversion program.

19 ‘‘SEC. 2002. STATE APPLICATIONS.

20 ‘‘(a) GENERAL REQUIREMENTS.—To request a grant

21 under this part the chief executive of a State shall submit

22 an application to the Director in such form and containing

23 such information as the Director may reasonably require.

24 ‘‘(b) MANDATORY ASSURANCES.—To be eligible to re25 ceive funds under this part, a State shall agree to develop

26 or maintain programs of urinalysis or similar drug testing
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1 of individuals upon arrest during the pretrial period, or

2 during participation in any pre- or post-conviction diver3 sion program.

4 ‘‘(c) CENTRAL OFFICE.—The office designated under

5 section 507—

6 ‘‘(1) shall prepare the application as required

7 under subsection (a); and

8 ‘‘(2) shall administer grant funds received under

9 this part, including, review of spending, processing,

10 progress, financial reporting, technical assistance,

11 grant adjustments, accounting, auditing, and fund

12 disbursement.

13 ‘‘SEC. 2003. LOCAL APPLICATIONS.

14 ‘‘(a) IN GENERAL.—(1) To request funds under this

15 part from a State, the chief executive of a unit of local gov16 ernment shall submit an application to the office designated

17 under section 2002(c).

18 ‘‘(2) An application under paragraph (1) shall be con19 sidered approved, in whole or in part, by the State not later

20 than 90 days after such application is first received unless

21 the State informs the applicant in writing of specific rea22 sons for disapproval.

23 ‘‘(3) The State shall not disapprove any application

24 submitted to the State without first affording the applicant

25 reasonable notice and an opportunity for reconsideration.
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1 ‘‘(4) If such application is approved, the unit of local

2 government is eligible to receive such funds.

3 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN4 MENT.—A State that receives funds under section 2001 in

5 a fiscal year shall make such funds available to units of

6 local government with an application that has been submit7 ted and approved by the State within 90 days after the Bu8 reau has approved the application submitted by the State

9 and has made funds available to the State. The Director

10 shall have the authority to waive the 90-day requirement

11 in this section upon a finding that the State is unable to

12 satisfy such requirement under State statutes.

13 ‘‘SEC. 2004. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap15 propriated under this part in any fiscal year—

16 ‘‘(1) 0.4 percent shall be allocated to each of the

17 participating States; and

18 ‘‘(2) of the total funds remaining after the allo19 cation under paragraph (1), there shall be allocated

20 to each of the participating States an amount which

21 bears the same ratio to the amount of remaining

22 funds described in this paragraph as the number of

23 individuals arrested in such State bears to the num24 ber of individuals arrested in all the participating

25 States.
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1 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that receives

2 funds under this part in a fiscal year shall distribute to

3 units of local government in such State the portion of such

4 funds that bears the same ratio to the aggregate amount

5 of such funds as the amount of funds expended by all units

6 of local government for criminal justice in the preceding

7 fiscal year bears to the aggregate amount of funds expended

8 by the State and all units of local government in the State

9 for criminal justice in the preceding fiscal year.

10 ‘‘(2) Any funds not distributed to units of local govern11 ment under paragraph (1) shall be available for expenditure

12 by such State for purposes specified in such State’s applica13 tion.

14 ‘‘(3) If the Director determines, on the basis of infor15 mation available during any fiscal year, that a portion of

16 the funds allocated to a State for such fiscal year will not

17 be used by such State or that a State is not eligible to re18 ceive funds under section 2001, the Director shall award

19 such funds to units of local government in such State giving

20 priority to the units of local government that the Director

21 considers to have the greatest need.

22 ‘‘(c) FEDERAL SHARE.—The Federal share of a grant

23 made under this part may not exceed 75 percent of the total

24 costs of the projects described in the application submitted
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1 under section 2002 for the fiscal year for which the projects

2 receive assistance under this part.

3 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director shall

4 attempt, to the extent practicable, to achieve an equitable

5 geographic distribution of grant awards.

6 ‘‘SEC. 2005. REPORT.

7 ‘‘A State or unit of local government that receives

8 funds under this part shall submit to the Director a report

9 in March of each fiscal year that funds are received under

10 this part regarding the effectiveness of the drug testing

11 project.’’.

12 (b) TECHNICAL AMENDMENT.—The table of contents of

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

14 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

15 1101(b), is amended by striking the matter relating to part

16 T and inserting the following:

‘‘PART T—DRUG TESTING UPON ARREST

‘‘Sec. 2001. Grant authorization.

‘‘Sec. 2002. State applications.

‘‘Sec. 2003. Local applications.

‘‘Sec. 2004. Allocation and distribution of funds.

‘‘Sec. 2005. Report.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

18 1001(a) of the Omnibus Crime Control and Safe Streets Act

19 of 1968 (42 U.S.C. 3793), as amended by section 1101(c),

20 is amended—
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1 (1) in paragraph (3) by striking ‘‘and S’’ and

2 inserting ‘‘S, and T’’; and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(14) There are authorized to be appropriated to carry

6 out the projects under part T $100,000,000 for each of fiscal

7 years 1995, 1996, and 1997.’’.

8 SEC. 1203. CERTAINTY OF PUNISHMENT FOR YOUNG OF9 FENDERS.

10 (a) IN GENERAL.—Title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

12 as amended by section 1202(a), is amended—

13 (1) by redesignating part U as part V;

14 (2) by redesignating section 2101 as section

15 2201; and

16 (3) by inserting after part T the following new

17 part:

18 ‘‘PART U—ALTERNATIVE PUNISHMENTS FOR

19 YOUNG NONVIOLENT OFFENDERS

20 ‘‘SEC. 2101. GRANT AUTHORIZATION.

21 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus22 tice Assistance (referred to in this part as the ‘Director’)

23 may make grants under this part to States, for the use by

24 States and units of local government in the States, for the

25 purpose of developing alternative methods of punishment for
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1 young nonviolent offenders to traditional forms of incarcer2 ation and probation.

3 ‘‘(b) ALTERNATIVE METHODS.—The alternative meth4 ods of punishment referred to in subsection (a) should en5 sure certainty of punishment for young nonviolent offenders

6 and promote reduced recidivism, crime prevention, and as7 sistance to victims, particularly for young nonviolent of8 fenders who can be punished more effectively in an environ9 ment other than a traditional correctional facility, includ10 ing—

11 ‘‘(1) alternative sanctions that create account12 ability and certainty of punishment for young non13 violent offenders;

14 ‘‘(2) boot camp prison programs that provide as15 surances that appropriate aftercare services (such as

16 educational and job training programs, drug counsel17 ing or treatment, parole or other post-release super18 vision programs, halfway house programs, job place19 ment programs, and participation in self-help and

20 peer group programs) will be made available;

21 ‘‘(3) technical training and support for the im22 plementation and maintenance of State and local res23 titution programs for young non-violent offenders;

24 ‘‘(4) innovative projects;
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1 ‘‘(5) correctional options, such as community2 based incarceration, weekend incarceration, and elec3 tric monitoring of offenders;

4 ‘‘(6) community service programs that provide

5 work service placement for young non-violent offend6 ers at nonprofit, private organizations and commu7 nity organizations;

8 ‘‘(7) demonstration restitution projects that are

9 evaluated for effectiveness; and

10 ‘‘(8) innovative methods that address the prob11 lems of young non-violent offenders convicted of seri12 ous substance abuse, including alcohol abuse, and

13 gang-related offenses, including technical assistance

14 and training to counsel and treat such offenders.

15 ‘‘SEC. 2102. STATE APPLICATIONS.

16 ‘‘(a) IN GENERAL.—To request a grant under this

17 part, the chief executive of a State shall submit an applica18 tion to the Director in such form and containing such infor19 mation as the Director may reasonably require.

20 ‘‘(b) ASSURANCES.—An application under subsection

21 (a) shall include assurances that Federal funds received

22 under this part shall be used to supplement, not supplant,

23 non-Federal funds that would otherwise be available for ac24 tivities funded under this part.
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1 ‘‘(c) STATE OFFICE.—The office designated under sec2 tion 507 shall—

3 ‘‘(1) prepare the application as required under

4 subsection (a); and

5 ‘‘(2) administer grant funds received under this

6 part, including review of spending, processing,

7 progress, financial reporting, technical assistance,

8 grant adjustments, accounting, auditing, and fund

9 disbursement.

10 ‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—The Director shall make a grant

12 under section 2101(a) to carry out the projects described

13 in the application submitted by an applicant under section

14 2102 upon determining that—

15 ‘‘(1) the application is consistent with the re16 quirements of this part; and

17 ‘‘(2) before the approval of the application, the

18 Director has made an affirmative finding in writing

19 that the proposed project has been reviewed in accord20 ance with this part.

21 ‘‘(b) APPROVAL.—An application submitted under sec22 tion 2102 shall be considered approved, in whole or in part,

23 by the Director not later than 45 days after it is first re24 ceived unless the Director informs the applicant of specific

25 reasons for disapproval.
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1 ‘‘(c) RESTRICTION.—Grant funds received under this

2 part shall not be used for land acquisition or construction

3 projects other than alternative facilities described in section

4 2101(b) for young non-violent offenders.

5 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

6 The Director shall not disapprove any application without

7 first affording the applicant reasonable notice and an op8 portunity for reconsideration.

9 ‘‘SEC. 2104. LOCAL APPLICATIONS.

10 ‘‘(a) IN GENERAL.—To request funds under this part

11 from a State, the chief executive of a unit of local govern12 ment shall submit an application to the office designated

13 under section 507.

14 ‘‘(b) APPROVAL.—An application under paragraph (1)

15 shall be considered approved, in whole or in part, by the

16 State not later than 90 days after the application is first

17 received unless the State informs the applicant in writing

18 of specific reasons for disapproval.

19 ‘‘(c) DISAPPROVAL.—The State shall not disapprove

20 any application submitted to the State without first afford21 ing the applicant reasonable notice and an opportunity for

22 reconsideration.

23 ‘‘(d) EFFECT OF APPROVAL.—If an application under

24 paragraph (1) is approved, the unit of local government is

25 eligible to receive the requested funds.
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1 ‘‘(e) DISTRIBUTION TO UNITS OF LOCAL GOVERN2 MENT.—

3 ‘‘(1) IN GENERAL.—A State that receives funds

4 under section 2101 in a fiscal year shall make such

5 funds available to units of local government with an

6 application that has been submitted and approved by

7 the State within 90 days after the Director has ap8 proved the application submitted by the State and

9 has made funds available to the State.

10 ‘‘(2) WAIVER.—The Director may waive the 90-

11 day requirement of paragraph (1) upon a finding

12 that the State is unable to satisfy the requirement

13 under State statutes.

14 ‘‘SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.

15 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap16 propriated under this part in any fiscal year—

17 ‘‘(1) 0.4 percent shall be allocated to each of the

18 participating States; and

19 ‘‘(2) of the total funds remaining after the allo20 cation under paragraph (1), there shall be allocated

21 to each of the participating States an amount that

22 bears the same ratio to the amount of remaining

23 funds described in this paragraph as the number of

24 young non-violent offenders of the State bears to the
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1 number of young non-violent offenders in all the par2 ticipating States.

3 ‘‘(b) LOCAL DISTRIBUTION.—

4 ‘‘(1) IN GENERAL.—A State that receives funds

5 under this part in a fiscal year shall distribute to

6 units of local government in the State for the pur7 poses specified in section 2101 the portion of such

8 funds that bears the same ratio to the aggregate

9 amount of such funds as the amount of funds ex10 pended by all units of local government for criminal

11 justice in the preceding fiscal year bears to the aggre12 gate amount of funds expended by the State and all

13 units of local government in the State for criminal

14 justice in such preceding fiscal year.

15 ‘‘(2) UNDISTRIBUTED FUNDS.—Any funds not

16 distributed to units of local government under para17 graph (1) shall be available for expenditure by the

18 State for purposes specified in section 2101.

19 ‘‘(3) AWARD OF FUNDS BY THE DIRECTOR.—If

20 the Director determines, on the basis of information

21 available during any fiscal year, that a portion of the

22 funds allocated to a State for a fiscal year will not

23 be used by the State or that a State is not eligible to

24 receive funds under section 2101, the Director shall

25 award such funds to units of local government in the
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1 State, giving priority to the units of local government

2 that the Director considers to have the greatest need.

3 ‘‘(c) FEDERAL SHARE.—The Federal share of a grant

4 made under this part may not exceed 75 percent of the total

5 costs of the projects described in the application submitted

6 under section 2102(a) for the fiscal year for which the

7 projects receive assistance under this part.

8 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director shall

9 attempt, to the extent practicable, to achieve an equitable

10 geographic distribution of grant awards.

11 ‘‘SEC. 2106. EVALUATION.

12 ‘‘(a) SUBMISSION.—

13 ‘‘(1) IN GENERAL.—Each State and local unit of

14 government that receives a grant under this part shall

15 submit to the Director an evaluation not later than

16 March 1 of each year in accordance with guidelines

17 issued by the Director and in consultation with the

18 National Institute of Justice.

19 ‘‘(2) WAIVER.—The Director may waive the re20 quirement specified in paragraph (1) if the Director

21 determines that an evaluation is not warranted in the

22 case of a particular State or unit of local government.

23 ‘‘(b) DISTRIBUTION.—The Director shall make avail24 able to the public on a timely basis evaluations received

25 under subsection (a).
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1 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local unit

2 of government may use not more than 5 percent of funds

3 it receives under this part to develop an evaluation program

4 under this section.’’.

5 (b) TECHNICAL AMENDMENT.—The table of contents of

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

7 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

8 1202(b), is amended by striking the matter relating to part

9 U and inserting the following:

‘‘PART U—ALTERNATIVE PUNISHMENTS FOR YOUNG NON-VIOLENT OFFENDERS

‘‘Sec. 2101. Grant authorization.

‘‘Sec. 2102. State applications.

‘‘Sec. 2103. Review of State applications.

‘‘Sec. 2104. Local applications.

‘‘Sec. 2105. Allocation and distribution of funds.

‘‘Sec. 2106. Evaluation.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.

10 (c) DEFINITION.—Section 901(a) of the Omnibus

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

12 3791(a)) is amended by adding at the end the following

13 new paragraph:

14 ‘‘(24) ‘young non-violent offender’ means a non15 violent first-time offender or non-violent offender with

16 a minor criminal record who is 25 years of age or

17 younger.’’.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

19 1001(a) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3793), as amended by section

2 1202(c), is amended—

3 (1) in paragraph (3) by striking ‘‘and T’’ and

4 inserting ‘‘T, and U’’; and

5 (2) by adding at the end the following new para6 graph:

7 ‘‘(15) There are authorized to be appropriated to carry

8 out the projects under part U $200,000,000 for each of fiscal

9 years 1995, 1996, and 1997.’’.

10 SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

11 FOR PRISONERS.

12 (a) IN GENERAL.—Title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

14 as amended by section 1203(a), is amended—

15 (1) by redesignating part V as part W;

16 (2) by redesignating section 2201 as section

17 2301; and

18 (3) by inserting after part U the following new

19 part:

20 ‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE

21 TREATMENT FOR PRISONERS

22 ‘‘SEC. 2201. GRANT AUTHORIZATION.

23 ‘‘The Director of the Bureau of Justice Assistance (re24 ferred to in this part as the ‘Director’) may make grants

25 under this part to States, for the use by States for the pur-
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1 pose of developing and implementing residential substance

2 abuse treatment programs within State correctional facili3 ties, including residential substance abuse treatment pro4 grams for offenders who violate the terms of any post-con5 viction diversion program and who are committed to State

6 correctional facilities.

7 ‘‘SEC. 2202. STATE APPLICATIONS.

8 ‘‘(a) IN GENERAL.—(1) To request a grant under this

9 part the chief executive of a State shall submit an applica10 tion to the Director in such form and containing such infor11 mation as the Director may reasonably require.

12 ‘‘(2) Such application shall include assurances that

13 Federal funds received under this part shall be used to sup14 plement, not supplant, non-Federal funds that would other15 wise be available for activities funded under this part.

16 ‘‘(3) Such application shall coordinate the design and

17 implementation of treatment programs between State cor18 rectional representatives and the State alcohol and drug

19 abuse agency.

20 ‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible to

21 receive funds under this part, a State must agree to imple22 ment or continue to require urinalysis or similar testing

23 of individuals in correctional residential substance abuse

24 treatment programs. Such testing shall include individuals
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1 released from residential substance abuse treatment pro2 grams who remain in the custody of the State.

3 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

4 CARE COMPONENT.—

5 ‘‘(1) To be eligible for a preference under this

6 part, a State must ensure that individuals who par7 ticipate in the drug treatment program established or

8 implemented with assistance provided under this part

9 will be provided with aftercare services.

10 ‘‘(2) State aftercare services must involve the co11 ordination of the prison treatment program with

12 other human service and rehabilitation programs,

13 such as educational and job training programs, pa14 role supervision programs, half-way house programs,

15 and participation in self-help and peer group pro16 grams, that may aid in the rehabilitation of individ17 uals in the drug treatment program.

18 ‘‘(3) To qualify as an aftercare program, the

19 head of the drug treatment program, in conjunction

20 with State and local authorities and organizations

21 involved in drug treatment, shall assist in placement

22 of drug treatment program participants with appro23 priate community drug treatment facilities when such

24 individuals leave prison at the end of a sentence or

25 on parole.
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1 ‘‘(d) STATE OFFICE.—The office designated under sec2 tion 507—

3 ‘‘(1) shall prepare the application as required

4 under this section; and

5 ‘‘(2) shall administer grant funds received under

6 this part, including, review of spending, processing,

7 progress, financial reporting, technical assistance,

8 grant adjustments, accounting, auditing, and fund

9 disbursement.

10 ‘‘SEC. 2203. REVIEW OF STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

12 under section 2201 to carry out the projects described in

13 the application submitted under section 2202 upon deter14 mining that—

15 ‘‘(1) the application is consistent with the re16 quirements of this part; and

17 ‘‘(2) before the approval of the application the

18 Bureau has made an affirmative finding in writing

19 that the proposed project has been reviewed in accord20 ance with this part.

21 ‘‘(b) APPROVAL.—Each application submitted under

22 section 2202 shall be considered approved, in whole or in

23 part, by the Bureau not later than 90 days after first re24 ceived unless the Bureau informs the applicant of specific

25 reasons for disapproval.
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1 ‘‘(c) RESTRICTION.—Grant funds received under this

2 part shall not be used for land acquisition or construction

3 projects.

4 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

5 The Bureau shall not disapprove any application without

6 first affording the applicant reasonable notice and an op7 portunity for reconsideration.

8 ‘‘SEC. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS.

9 ‘‘(a) ALLOCATION.—Of the total amount appropriated

10 under this part in any fiscal year—

11 ‘‘(1) 0.4 percent shall be allocated to each of the

12 participating States; and

13 ‘‘(2) of the total funds remaining after the allo14 cation under paragraph (1), there shall be allocated

15 to each of the participating States an amount that

16 bears the same ratio to the amount of remaining

17 funds described in this paragraph as the State prison

18 population of the State bears to the total prison popu19 lation of all of the participating States.

20 ‘‘(b) FEDERAL SHARE.—The Federal share of a grant

21 made under this part may not exceed 75 percent of the total

22 costs of the projects described in the application submitted

23 under section 2202 for the fiscal year for which the projects

24 receive assistance under this part.
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1 ‘‘SEC. 2205. EVALUATION.

2 ‘‘Each State that receives a grant under this part shall

3 submit to the Director an evaluation not later than March

4 1 of each year in such form and containing such informa5 tion as the Director may reasonably require.’’.

6 (b) TECHNICAL AMENDMENT.—The table of contents of

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

8 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

9 1203(b), is amended by striking the matter relating to part

10 V and inserting the following:

‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2201. Grant authorization.

‘‘Sec. 2202. State applications.

‘‘Sec. 2203. Review of State applications.

‘‘Sec. 2204. Allocation and distribution of funds.

‘‘Sec. 2205. Evaluation.

‘‘PART W—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2301. Continuation of rules, authorities, and proceedings.’’.

11 (c) DEFINITIONS.—Section 901(a) of the Omnibus

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

13 3791(a)), as amended by section 2102(c), is amended by

14 adding at the end the following new paragraph:

15 ‘‘(25) ‘residential substance abuse treatment pro16 gram’ means a course of individual and group activi17 ties, lasting between 6 and 12 months, in residential

18 treatment facilities set apart from the general prison

19 population—

20 ‘‘(A) directed at the substance abuse prob21 lems of the prisoner; and
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1 ‘‘(B) intended to develop the prisoner’s cog2 nitive, behavioral, social, vocational, and other

3 skills so as to solve the prisoner’s substance abuse

4 and related problems.’’.

5 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a) of title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3793), as amended by section

8 1202(d), is amended—

9 (1) in paragraph (3) by striking ‘‘and U’’ and

10 inserting ‘‘U, and V’’; and

11 (2) by adding at the end the following new para12 graph:

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

14 out projects under part V $100,000,000 for each of fiscal

15 years 1995, 1996, and 1997.’’.

16 TITLE XIII—PRISONS

17 Subtitle A—Federal Prisons

18 SEC. 1301. PRISONER’S PLACE OF IMPRISONMENT.

19 Paragraph (b) of section 3621 of title 18, United States

20 Code, is amended by inserting after subsection (5) the fol21 lowing: ‘‘In designating the place of imprisonment or mak22 ing transfers under this subsection, there shall be no favor23 itism given to prisoners of high social or economic status.’’.
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1 SEC. 1302. PRISON IMPACT ASSESSMENTS.

2 (a) IN GENERAL.—Chapter 303 of title 18, United

3 States Code, is amended by adding at the end the following

4 new section:

5 ‘‘§ 4047. Prison impact assessments

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

7 Executive branch which could increase or decrease the num8 ber of persons incarcerated or in Federal penal institutions

9 shall be accompanied by a prison impact statement, as de10 fined in subsection (b) of this section.

11 ‘‘(b) The Attorney General shall, in consultation with

12 the Sentencing Commission and the Administrative Office

13 of the United States Courts, prepare and furnish prison im14 pact assessments under subsection (c) of this section, and

15 in response to requests from Congress for information relat16 ing to a pending measure or matter that might affect the

17 number of defendants processed through the Federal crimi18 nal justice system. A prison impact assessment on pending

19 legislation must be supplied within 14 days of any request.

20 A prison impact assessment shall include—

21 ‘‘(1) projections of the impact on prison, proba22 tion, and post prison supervision populations;

23 ‘‘(2) an estimate of the fiscal impact of such pop24 ulation changes on Federal expenditures, including

25 those for construction and operation of correctional
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1 facilities for the current fiscal year and 5 succeeding

2 fiscal years;

3 ‘‘(3) an analysis of any other significant factor

4 affecting the cost of the measure and its impact on the

5 operations of components of the criminal justice sys6 tem; and

7 ‘‘(4) a statement of the methodologies and as8 sumptions utilized in preparing the assessment.

9 ‘‘(c) The Attorney General shall prepare and transmit

10 to the Congress, by March 1 of each year, a prison impact

11 assessment reflecting the cumulative effect of all relevant

12 changes in the law taking effect during the preceding cal13 endar year.’’.

14 (b) TECHNICAL AMENDMENT.—The chapter analysis

15 for chapter 303 is amended by adding at the end the follow16 ing new item:

‘‘4047. Prison impact assessments.’’.

17 SEC. 1303. FEDERAL PRISONER DRUG TESTING.

18 (a) SHORT TITLE.—This title may be cited as the

19 ‘‘Federal Prisoner Drug Testing Act of 1993’’.

20 (b) DRUG TESTING PROGRAM.—(1) Chapter 229 of

21 title 18, United States Code, is amended by adding at the

22 end the following new section:
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1 ‘‘§ 3608. Drug testing of Federal offenders on post-con2 viction release

3 ‘‘The Director of the Administrative Office of the Unit4 ed States Courts, in consultation with the Attorney General

5 and the Secretary of Health and Human Services, shall,

6 subject to the availability of appropriations, establish a pro7 gram of drug testing of Federal offenders on post-conviction

8 release. The program shall include such standards and

9 guidelines as the Director may determine necessary to en10 sure the reliability and accuracy of the drug testing pro11 grams. In each judicial district the chief probation officer

12 shall arrange for the drug testing of defendants on post13 conviction release pursuant to a conviction for a felony or

14 other offense described in section 3563(a)(4) of this title.

15 There are authorized to be appropriated for each fiscal year

16 such sums as are necessary to carry out this section.’’.

17 (2) The table of sections at the beginning of chapter

18 229 of title 18, United States Code, is amended by adding

19 at the end the following:

‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.

20 (c) CONDITIONS OF PROBATION.—Section 3563(a) of

21 title 18, United States Code, is amended—

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

23 semicolon;

24 (2) in paragraph (3) by striking the period and

25 inserting ‘‘; and’’;
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1 (3) by adding at the end the following new para2 graph:

3 ‘‘(4) for a felony, a misdemeanor, or an infrac4 tion, that the defendant refrain from any unlawful

5 use of a controlled substance and submit to one drug

6 test within 15 days of release on probation and at

7 least 2 periodic drug tests thereafter (as determined

8 by the court) for use of a controlled substance, but the

9 condition stated in this paragraph may be amelio10 rated or suspended by the court for any individual

11 defendant if the defendant’s presentence report or

12 other reliable sentencing information indicates a low

13 risk of future substance abuse by the defendant.’’; and

14 (4) by adding at the end the following: ‘‘The re15 sults of a drug test administered in accordance with

16 paragraph (4) shall be subject to confirmation only if

17 the results are positive, the defendant is subject to

18 possible imprisonment for such failure, and either the

19 defendant denies the accuracy of such test or there is

20 some other reason to question the results of the test.

21 A defendant who tests positive may be detained pend22 ing verification of a positive drug test result. A drug

23 test confirmation shall be a urine drug test confirmed

24 using gas chromatography/mass spectrometry tech25 niques or such test as the Director of the Administra-
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1 tive Office of the United States Courts after consulta2 tion with the Secretary of Health and Human Serv3 ices may determine to be of equivalent accuracy. Not4 withstanding the requirements of section 3565(b), the

5 court shall consider the availability of appropriate

6 substance abuse treatment programs when considering

7 any action against a defendant who fails a drug test

8 administered in accordance with paragraph (4).’’.

9 (d) CONDITIONS ON SUPERVISED RELEASE.—Section

10 3583(d) of title 18, United States Code, is amended by in11 serting after the first sentence the following: ‘‘The court

12 shall also order, as an explicit condition of supervised re13 lease, that the defendant refrain from any unlawful use of

14 a controlled substance and submit to a drug test within 15

15 days of release on supervised release and at least 2 periodic

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

17 of a controlled substance. The condition stated in the pre18 ceding sentence may be ameliorated or suspended by the

19 court as provided in section 3563(a)(4). The results of a

20 drug test administered in accordance with the preceding

21 subsection shall be subject to confirmation only if the results

22 are positive, the defendant is subject to possible imprison23 ment for such failure, and either the defendant denies the

24 accuracy of such test or there is some other reason to ques25 tion the results of the test. A drug test confirmation shall
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1 be a urine drug test confirmed using gas chromatography/

2 mass spectrometry techniques or such test as the Director

3 of the Administrative Office of the United States Courts

4 after consultation with the Secretary of Health and Human

5 Services may determine to be of equivalent accuracy. Not6 withstanding the requirements of section 3583(g), the court

7 shall consider the availability of appropriate substance

8 abuse treatment programs when considering any action

9 against a defendant who fails a drug test.’’.

10 (e) CONDITIONS OF PAROLE.—Section 4209(a) of title

11 18, United States Code, is amended by inserting after the

12 first sentence the following: ‘‘In every case, the Commission

13 shall also impose as a condition of parole that the parolee

14 pass a drug test prior to release and refrain from any un15 lawful use of a controlled substance and submit to at least

16 2 periodic drug tests (as determined by the Commission)

17 for use of a controlled substance. The condition stated in

18 the preceding sentence may be ameliorated or suspended by

19 the Commission for any individual parolee if it determines

20 that there is good cause for doing so. The results of a drug

21 test administered in accordance with the provisions of the

22 preceding sentence shall be subject to confirmation only if

23 the results are positive, the defendant is subject to possible

24 imprisonment for such failure, and either the defendant de25 nies the accuracy of such test or there is some other reason
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1 to question the results of the test. A drug test confirmation

2 shall be a urine drug test confirmed using gas chroma3 tography/mass spectrometry techniques or such test as the

4 Director of the Administrative Office of the United States

5 Courts after consultation with the Secretary of Health and

6 Human Services may determine to be of equivalent accu7 racy. Notwithstanding the requirements of section 4214(f),

8 the Commission shall consider the availability of appro9 priate substance abuse treatment programs when consider10 ing any action against a defendant who fails a drug test.’’.

11 SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.

12 (a) SHORT TITLE.—This section may be cited as the

13 ‘‘Drug Treatment in Federal Prisons Act of 1993’’.

14 (b) DEFINITIONS.—As used in this section—

15 (1) the term ‘‘residential substance abuse treat16 ment ’’ means a course of individual and group ac17 tivities, lasting between 6 and 12 months, in residen18 tial treatment facilities set apart from the general

19 prison population—

20 (A) directed at the substance abuse problems

21 of the prisoner; and

22 (B) intended to develop the prisoner’s cog23 nitive, behavioral, social, vocational, and other

24 skills so as to solve the prisoner’s substance abuse

25 and related problems; and
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1 (2) the term ‘‘eligible prisoner’’ means a prisoner

2 who is—

3 (A) determined by the Bureau of Prisons to

4 have a substance abuse problem; and

5 (B) willing to participate in a residential

6 substance abuse treatment program.

7 (c) IMPLEMENTATION OF SUBSTANCE ABUSE TREAT8 MENT REQUIREMENT.—

9 (1) In order to carry out the requirement of the

10 last sentence of section 3621(b) of title 18, United

11 States Code, that every prisoner with a substance

12 abuse problem have the opportunity to participate in

13 appropriate substance abuse treatment, the Bureau of

14 Prisons shall, subject to the availability of appropria15 tions, provide residential substance abuse treatment—

16 (A) for not less than 50 percent of eligible

17 prisoners by the end of fiscal year 1995;

18 (B) for not less than 75 percent of eligible

19 prisoners by the end of fiscal year 1996; and

20 (C) for all eligible prisoners by the end of

21 fiscal year 1997 and thereafter.

22 (2) Section 3621 of title 18, United States Code,

23 is amended by adding at the end the following:

24 ‘‘(d) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM25 PLETION OF TREATMENT PROGRAM.—
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1 ‘‘(1) GENERALLY.—Any prisoner who, in the

2 judgment of the Director of the Bureau of Prisons, has

3 successfully completed a program of residential sub4 stance abuse treatment provided under subsection (b)

5 of this section, shall remain in the custody of the Bu6 reau for such time (as limited by paragraph (2) of

7 this subsection) and under such conditions, as the Bu8 reau deems appropriate. If the conditions of confine9 ment are different from those the prisoner would have

10 experienced absent the successful completion of the

11 treatment, the Bureau shall periodically test the pris12 oner for drug abuse and discontinue such conditions

13 on determining that drug abuse has recurred.

14 ‘‘(2) PERIOD OF CUSTODY.—The period a pris15 oner convicted of a nonviolent offense remains in cus16 tody after successfully completing a treatment pro17 gram shall not exceed the prison term the law would

18 otherwise require such prisoner to serve, but may not

19 be less than such term minus one year.’’.

20 (d) REPORT.—The Bureau of Prisons shall transmit

21 to the Congress on January 1, 1993, and on January 1

22 of each year thereafter, a report. Such report shall con23 tain—
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1 (1) a detailed quantitative and qualitative de2 scription of each substance abuse treatment program,

3 residential or not, operated by the Bureau;

4 (2) a full explanation of how eligibility for such

5 programs is determined, with complete information

6 on what proportion of prisoners with substance abuse

7 problems are eligible; and

8 (3) a complete statement of to what extent the

9 Bureau has achieved compliance with the require10 ments of this title.

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated for fiscal year 1995 and each

13 fiscal year thereafter such sums as may be necessary to

14 carry out this title.

15 SEC. 1305. SENTENCES TO ACCOUNT FOR COSTS TO THE

16 GOVERNMENT OF IMPRISONMENT, RELEASE,

17 AND PROBATION.

18 (a) IMPOSITION OF SENTENCE.—Section 3572(a) of

19 title 18, United States Code, is amended—

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

21 paragraphs (7) and (8), respectively; and

22 (2) by inserting after paragraph (5) the follow23 ing new paragraph:
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1 ‘‘(6) the expected costs to the government of any

2 imprisonment, supervised release, or probation com3 ponent of the sentence;’’.

4 (b) DUTIES OF THE SENTENCING COMMISSION.—Sec5 tion 994 of title 28, United States Code, is amended by add6 ing at the end the following new subsection:

7 ‘‘(y) The Commission, in promulgating guidelines pur8 suant to subsection (a)(1), may include, as a component

9 of a fine, the expected costs to the Government of any im10 prisonment, supervised release, or probation sentence that

11 is ordered.’’.

12 Subtitle B—State Prisons

13 SEC. 1321. BOOT CAMPS AND PRISONS FOR VIOLENT DRUG

14 OFFENDERS.

15 (a) DEFINITION.—In this section, ‘‘boot camp prison

16 program’’ means a correctional program of not more than

17 6 months’ duration involving—

18 (1) assignment for participation in the program,

19 in conformity with State law, by prisoners other than

20 prisoners who have been convicted at any time of a

21 violent felony;

22 (2) adherence by inmates to a highly regimented

23 schedule that involves strict discipline, physical train24 ing, and work;
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1 (3) participation by inmates in appropriate edu2 cation, job training, and substance abuse counseling

3 or treatment; and

4 (4) aftercare services for inmates following re5 lease that are coordinated with the program carried

6 out during the period of imprisonment.

7 (b) ESTABLISHMENT OF GRANT AND TECHNICAL AS8 SISTANCE PROGRAM.—

9 (1) IN GENERAL.—The Attorney General may

10 make grants to States and to multi-State compact as11 sociations for the purposes of—

12 (A) developing, constructing, expanding, op13 erating, and improving boot camp prison pro14 grams, city or county detention facilities, or low15 to medium-security prisons;

16 (B) developing, constructing, and operating

17 prisons that house and provide treatment for vio18 lent offenders with serious substance abuse prob19 lems; and

20 (C) assisting in activating existing boot

21 camp or prison facilities that are unutilized or

22 underutilized because of lack of funding.

23 (2) TECHNICAL ASSISTANCE.—The Attorney

24 General may provide technical assistance to grantees

25 under this section.
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1 (3) UTILIZATION OF PRIVATE SECTOR.—Nothing

2 herein shall prevent the utilization of any grant funds

3 to contract with the private sector to design, construct

4 or provide any services associated with any facilities

5 funded herein.

6 (4) UTILIZATION OF COMPONENTS.—The Attor7 ney General may utilize any component or compo8 nents of the Department of Justice in carrying out

9 this section.

10 (c) STATE AND MULTI-STATE COMPACT APPLICA11 TIONS.—

12 (1) IN GENERAL.—To request a grant under this

13 section, the chief executive of a State or the coordina14 tor of a multi-State compact association shall submit

15 an application to the Attorney General in such form

16 and containing such information as the Attorney

17 General may prescribe by regulation or guidelines.

18 The chief executive of a State or the coordinator of a

19 multi-State compact association may designate pri20 vate sector participants for the design, construction or

21 provision of services associated with any facilities for

22 which funding is requested.

23 (2) CONTENT OF APPLICATION.—In accordance

24 with the regulations or guidelines established by the
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1 Attorney General, an application for a grant under

2 this section shall—

3 (A) include a long-term strategy and de4 tailed implementation plan;

5 (B) include evidence of the existence of, and

6 describe the terms of, a multi-State compact for

7 any multiple-State plan;

8 (C) provide a description of any construc9 tion activities, including cost estimates, that will

10 be a part of any plan;

11 (D) provide a description of the criteria for

12 selection of prisoners for participating in a boot

13 camp prison program or assignment to a re14 gional prison or activated prison or boot camp

15 facility that is to be funded;

16 (E) provide assurances that the boot camp

17 prison program, regional prison, or activated

18 prison or boot camp facility that receives fund19 ing will provide work programs, education, job

20 training, and appropriate drug treatment for in21 mates;

22 (F) provide assurances that—

23 (i) prisoners who participate in a boot

24 camp prison program or are assigned to a

25 regional prison or activated prison or boot
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1 camp facility that receives funding will be

2 provided with aftercare services; and

3 (ii) a substantial proportion of the

4 population of any regional prison that re5 ceives funds under this section will be vio6 lent offenders with serious substance abuse

7 problems, and provision of treatment for

8 such offenders will be a priority element of

9 the prison’s mission;

10 (G) provide assurances that aftercare serv11 ices will involve the coordination of the boot

12 camp prison program, regional prison, or acti13 vated prison or boot camp facility, with other

14 human service and rehabilitation programs

15 (such as educational and job training programs,

16 drug counseling or treatment, parole or other

17 post-release supervision programs, halfway house

18 programs, job placement programs, and partici19 pation in self-help and peer group programs)

20 that reduce the likelihood of further criminality

21 by prisoners who participate in a boot camp

22 program or are assigned to a regional prison or

23 activated prison or boot camp facility following

24 release;
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1 (H) explain the applicant’s inability to

2 fund the program adequately without Federal as3 sistance;

4 (I) identify related governmental and com5 munity initiatives that complement or will be

6 coordinated with the proposal;

7 (J) certify that there has been appropriate

8 coordination with all affected agencies; and

9 (K) specify plans for obtaining necessary

10 support and continuing the proposed program

11 following the conclusion of Federal support.

12 (d) LIMITATIONS ON FUNDS.—

13 (1) NONSUPPLANTING REQUIREMENT.—Funds

14 made available under this section shall not be used to

15 supplant State funds, but shall be used to increase the

16 amount of funds that would, in the absence of Federal

17 funds, be made available from State sources.

18 (2) ADMINISTRATIVE COSTS.—No more than 5

19 percent of the funds available under this section may

20 be used for administrative costs.

21 (3) MATCHING FUNDS.—The portion of the costs

22 of a program provided by a grant under this section

23 may not exceed 75 percent of the total cost of the pro24 gram as described in the application.

25 (4) DURATION OF GRANTS.—
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1 (A) IN GENERAL.—A grant under this sec2 tion may be renewed for up to 3 years beyond

3 the initial year of funding if the applicant dem4 onstrates satisfactory progress toward achieve5 ment of the objectives set out in an approved ap6 plication.

7 (B) MULTIYEAR GRANTS.—A multiyear

8 grant may be made under this section so long as

9 the total duration of the grant, including any re10 newals, does not exceed 4 years.

11 (e) CONVERSION OF PROPERTY AND FACILITIES AT

12 CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO

13 BOOT CAMP PRISONS AND REGIONAL PRISONS.—

14 (1) DEFINITION.—In this subsection, ‘‘base clo15 sure law’’ means—

16 (A) title II of the Defense Authorization

17 Amendments and Base Closure and Realignment

18 Act (10 U.S.C. 2687 note);

19 (B) the Defense Base Closure and Realign20 ment Act of 1990 (part A of title XXIX of Public

21 Law 101–510; 10 U.S.C. 2687 note);

22 (C) section 2687 of title 10, United States

23 Code; and

24 (D) any other similar law.
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1 (2) REPORT.—Not later than 6 months after the

2 date of enactment of this Act, the Attorney General

3 shall prepare and disseminate to State and local offi4 cials a report listing any real property or facility lo5 cated at a military installation to be closed or re6 aligned under a base closure law that is suitable for

7 use as a boot camp prison or regional prison. The At8 torney General shall periodically update this report

9 for dissemination to State and local officials.

10 (3) APPLICABILITY.—This subsection shall apply

11 with respect to property or facilities located at mili12 tary installations the closure or realignment of which

13 commences after the date of enactment of this Act.

14 (f) PERFORMANCE EVALUATION.—

15 (1) EVALUATION COMPONENTS.—

16 (A) IN GENERAL.—Each boot camp prison,

17 regional prison, and activated prison or boot

18 camp facility program funded under this section

19 shall contain an evaluation component developed

20 pursuant to guidelines established by the Attor21 ney General.

22 (B) OUTCOME MEASURES.—The evaluations

23 required by this paragraph shall include outcome

24 measures that can be used to determine the effec25 tiveness of the funded programs, including the ef-
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1 fectiveness of such programs in comparison with

2 other correctional programs or dispositions in re3 ducing the incidence of recidivism.

4 (2) PERIODIC REVIEW AND REPORTS.—

5 (A) REVIEW.—The Attorney General shall

6 review the performance of each grant recipient

7 under this section.

8 (B) REPORTS.—The Attorney General may

9 require a grant recipient to submit to the Attor10 ney General the results of the evaluations re11 quired under paragraph (1) and such other data

12 and information as the Attorney General deems

13 reasonably necessary to carry out the Attorney

14 General’s responsibilities under this section.

15 (3) REPORT TO CONGRESS.—The Attorney Gen16 eral shall submit an annual report to Congress de17 scribing the grants awarded under this section and

18 providing an assessment of the operations of the pro19 grams receiving grants.

20 (g) REVOCATION OR SUSPENSION OF FUNDING.—If the

21 Attorney General determines, as a result of the reviews re22 quired by subsection (f), or otherwise, that a grant recipient

23 under this section is not in substantial compliance with the

24 terms and requirements of an approved grant application,
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1 the Attorney General may revoke or suspend funding of the

2 grant in whole or in part.

3 (h) ACCESS TO DOCUMENTS.—The Attorney General

4 and the Comptroller General shall have access for the pur5 pose of audit and examination to—

6 (1) the pertinent books, documents, papers, or

7 records of a grant recipient under this section; and

8 (2) the pertinent books, documents, papers, or

9 records of other persons and entities that are involved

10 in programs for which assistance is provided under

11 this section.

12 (i) GENERAL REGULATORY AUTHORITY.—The Attor13 ney General may issue regulations and guidelines to carry

14 out this section.

15 (j) AUTHORIZATION OF APPROPRIATIONS.—

16 (1) IN GENERAL.—There is authorized to be ap17 propriated to carry out this section $3,000,000,000, to

18 remain available until expended.

19 (2) USE OF APPROPRIATED FUNDS.—No more

20 than one-third of the amounts appropriated under

21 paragraph (1) may be used to make grants for the

22 construction, development, and operation of regional

23 prisons under subsection (b)(1)(B).
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1 SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.

2 (a) FEASIBILITY STUDY.—The National Institute of

3 Justice shall study the feasibility of establishing a clearing4 house to provide information to interested persons to facili5 tate the transfer of prisoners in State correctional institu6 tions to other such correctional institutions, pursuant to the

7 Interstate Corrections Compact or other applicable inter8 state compact, for the purpose of allowing prisoners to serve

9 their prison sentences at correctional institutions in close

10 proximity to their families.

11 (b) REPORT TO CONGRESS.—The National Institute of

12 Justice shall, not later than 1 year after the date of the

13 enactment of this Act, submit to the Committees on the Ju14 diciary of the House of Representatives and the Senate a

15 report containing the results of the study conducted under

16 subsection (a), together with any recommendations the In17 stitute may have on establishing a clearinghouse described

18 in such subsection.

19 (c) DEFINITION.—For purposes of this section, the

20 term ‘‘State’’ includes the District of Columbia and any

21 territory or possession of the United States.

22 SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND

23 TREATMENT.

24 The Director of the National Institute of Justice

25 shall—
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1 (1) conduct a study to compare the recidivism

2 rates of individuals under the influence of alcohol or

3 alcohol in combination with other drugs at the time

4 of their offense—

5 (A) who participated in a residential treat6 ment program while in the custody of the State;

7 and

8 (B) who did not participate in a residential

9 treatment program while in the custody of the

10 State; and

11 (2) conduct a nationwide assessment regarding

12 the use of alcohol and alcohol in combination with

13 other drugs as a factor in violent, domestic, and gen14 eral criminal activity.

15 SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS.

16 Section 4042 of title 18, United States Code, is amend17 ed—

18 (1) by striking ‘‘The Bureau’’ and inserting ‘‘(a)

19 IN GENERAL.—The Bureau’’;

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

21 APPLICATION OF SECTION.—This section’’;

22 (3) in paragraph (4) of subsection (a), as des23 ignated by paragraph (1) of this subsection—

24 (A) by striking ‘‘Provide’’ and inserting

25 ‘‘provide’’; and
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1 (B) by striking the period at the end and

2 inserting ‘‘; and’’;

3 (4) by inserting after paragraph (4) of sub4 section (a), as designated by paragraph (1) of this

5 subsection, the following new paragraph:

6 ‘‘(5) provide notice of release of prisoners in ac7 cordance with subsection (b).’’; and

8 (5) by inserting after subsection (a), as des9 ignated by paragraph (1) of this subsection, the fol10 lowing new subsection:

11 ‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Except

12 in the case of a prisoner being protected under chapter 224,

13 the Bureau of Prisons shall, at least 5 days prior to the

14 date on which a prisoner described in paragraph (3) is to

15 be released on supervised release, or, in the case of a pris16 oner on supervised release, at least 5 days prior to the date

17 on which the prisoner changes residence to a new jurisdic18 tion, cause written notice of the release or change of resi19 dence to be made to the chief law enforcement officer of the

20 State and of the local jurisdiction in which the prisoner

21 will reside.

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

23 ‘‘(A) the prisoner’s name;
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1 ‘‘(B) the prisoner’s criminal history, including a

2 description of the offense of which the prisoner was

3 convicted; and

4 ‘‘(C) any restrictions on conduct or other condi5 tions to the release of the prisoner that are imposed

6 by law, the sentencing court, or the Bureau of Prisons

7 or any other Federal agency.

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

9 prisoner was convicted of—

10 ‘‘(A) a drug trafficking crime, as that term is de11 fined in section 924(c)(2); or

12 ‘‘(B) a crime of violence, as that term is defined

13 in section 924(c)(3).

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

15 used solely for law enforcement purposes.’’.

16 SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR

17 LAW APPLIES.

18 In the case of a prisoner convicted of an offense com19 mitted prior to November 1, 1987, the reference to super20 vised release in section 4042(b) of title 18, United States

21 Code, shall be deemed to be a reference to probation or pa22 role.
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1 Subtitle C—Grants Under the Juve2 nile Justice and Delinquency

3 Prevention Act of 1974

4 SEC. 1331. GRANTS FOR COMMUNITY-BASED VIOLENT-JUVE5 NILE FACILITIES.

6 (a) IN GENERAL.—The Attorney General, through the

7 Bureau of Prisons, may make grants to States and units

8 of general local government or combinations thereof to assist

9 them in planning, establishing, and operating secure facili10 ties for violent and chronic juvenile offenders. The mandate

11 required by the Juvenile Justice and Delinquency Preven12 tion Act shall not apply to grants under this subtitle.

13 (b) AUTHORIZATION.—There are authorized to be ap14 propriated $100,000,000 for each of fiscal years 1994, 1995,

15 1996, 1997, 1998.

16 Subtitle D—Regional Prisons and

17 State Prisons

18 SEC. 1341. REGIONAL PRISONS FOR VIOLENT CRIMINALS

19 AND VIOLENT CRIMINAL ALIENS.

20 (a) DEFINITIONS.—In this section—

21 ‘‘child abuse offense’’ means an offense under

22 Federal or State law that constitutes sexual exploi23 tation of children or selling or buying of children

24 within the meaning of chapter 110 of title 18, United

25 States Code.
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1 ‘‘firearm offense’’ means an offense under Fed2 eral or State law committed while the offender is in

3 possession of a firearm or while an accomplice of the

4 offender, to the knowledge of the offender, is in posses5 sion of a firearm.

6 ‘‘crime of violence’’ means a felony offense under

7 Federal or State law that is a crime of violence with8 in the meaning of section 16 of title 18, United States

9 Code.

10 ‘‘qualifying prisoner’’ means—

11 (A) an alien who is in this country illegally

12 or unlawfully and who has been convicted of a

13 crime of violence (as defined in section 924(c)(3)

14 of title 18, United States Code) or a serious drug

15 offense (as defined in section 924(e)(2)(A) of title

16 18, United States Code); and

17 (B) a violent criminal.

18 ‘‘sex offense’’ means an offense under Federal or

19 State law that constitutes aggravated sexual abuse,

20 sexual abuse, sexual abuse of a minor or ward, or

21 abusive sexual contact within the meaning of chapter

22 109A of title 18, United States Code.

23 ‘‘violent criminal’’—

24 (A) means a person convicted under Federal

25 law of an offense described in, under the cir-
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1 cumstances described in, the provisions of section

2 924 (c) or (e) of title 18 or section 994(h) of title

3 28, United States Code, or under State law for

4 the same or a similar offense; and

5 (B) insofar as any of the circumstances de6 scribed in an offense described in subparagraph

7 (A) is the prior conviction of an offense, includes

8 a person who had been adjudicated as a juvenile

9 delinquent by reason of the commission of an act

10 that, if committed by an adult, would constitute

11 such an offense.

12 (b) CONSTRUCTION OF PRISONS.—(1) IN GENERAL.—

13 The Attorney General shall, after consultation with State

14 correctional administrators, construct and operate a mini15 mum of 10 regional prisons, situated throughout the United

16 States, each containing space for at least 2,500 inmates.

17 The Attorney General may contract with the private sector

18 to design, construct or provide any services associated with

19 the regional prisons. At least 75 percent of the overall ca20 pacity of such prisons in the aggregate shall be dedicated

21 to qualifying prisoners from qualifying States. In making

22 a determination as to the location of regional prisons, the

23 Attorney General shall give appropriate consideration to

24 the feasibility of converting Federal correctional complexes

25 currently in the planning or construction phase.
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1 (2) CONSIDERATION OF COST-EFFECTIVE AL2 TERNATIVES AND STATE AND LOCAL RE-USE

3 PLANS.—(A) In determining where to locate any of

4 the regional prisons authorized in paragraph (1), and

5 in accordance with the Department of Justice’s duty

6 to review and identify a use for any portion of an in7 stallation closed pursuant to title II of the Defense

8 Authorization Amendments and Base Closure and Re9 alignment Act (Public Law 100–526) and the Defense

10 Base Closure and Realignment Act of 1990 (part A

11 of title XXIX of Public Law 101–510) the Attorney

12 General shall consider—

13 (i) whether using any portion of a closed

14 military installation in the region or military

15 installation scheduled to be closed in the region

16 provides a cost-effective alternative to the pur17 chase of real property or construction of new

18 prison facilities;

19 (ii) whether such use is consistent with a

20 reutilization and redevelopment plan. Consent

21 must be obtained from the local re-use authority

22 for the military installation, recognized and

23 funded by the Secretary of Defense, before the At24 torney General may proceed with plans for the
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1 design or construction of a prison authorized in

2 paragraph 1; and

3 (iii) giving priority consideration to any

4 installation located in a rural area whose closure

5 under this title will have a substantial adverse

6 impact on the economy of the communities for

7 the economic recovery of such communities from

8 such closure.

9 (B) Before proceeding with plans for the design

10 or construction of a prison authorized in paragraph

11 (1), the Attorney General shall submit to Congress a

12 report explaining the basis of the decision on where

13 to locate the new prison facility.

14 (C) If the Attorney General decides not to utilize

15 any portion of a closed military installation or an

16 installation scheduled to be closed for locating a re17 gional prison, the report shall include an analysis of

18 why installations in the region, the use of which as

19 a prison would be consistent with a reutilization and

20 redevelopment plan, do not provide a cost-effective al21 ternative to the purchase of real property or construc22 tion of new facilities.

23 (D) The Attorney General shall obtain all infor24 mation necessary to determine whether any portion of

25 a closed military installation in the region or mili-
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1 tary installation scheduled to be closed in the region

2 is a cost-effective alternative to the purchase of real

3 property or construction of new prison facilities.

4 (c) ACCEPTANCE OF PRISONERS.—Any qualifying

5 State may apply to the Attorney General to accept any

6 qualifying prisoner. If, in the Attorney General’s judgment

7 there are likely to be more qualifying prisoners than there

8 is space available, then to the extent that the Attorney Gen9 eral deems it practicable, the Attorney General should seek

10 to allocate space among qualifying States in a proportion

11 similar to the number of qualifying prisoners held by that

12 State in relation to the total number of qualifying prisoners

13 from qualifying States.

14 (d) QUALIFYING STATE.—

15 (1) IN GENERAL.—The Attorney General shall

16 not certify a State as a qualifying State under this

17 section unless the State is providing—

18 (A) truth in sentencing with respect to any

19 felony crime of violence involving the use or at20 tempted use of force against a person, or use of

21 a firearm against a person for which a maxi22 mum sentence of 5 years or more is authorized

23 that is consistent with that provided in the Fed24 eral system in chapter 229 of title 18, United

25 States Code, which provides that defendants will
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1 serve at least 85 percent of the sentence ordered

2 and which provides for a binding sentencing

3 guideline system in which sentencing judges’ dis4 cretion is limited to ensure greater uniformity in

5 sentencing;

6 (B) pretrial detention similar to that pro7 vided in the Federal system under section 3142

8 of title 18, United States Code;

9 (C) sentences for firearm offenders where

10 death or serious bodily injury results, murderers,

11 sex offenders, and child abuse offenders that,

12 after application of relevant sentencing guide13 lines, result in the imposition of sentences that

14 are at least as long as those imposed under Fed15 eral law (after application of relevant sentencing

16 guidelines); and

17 (D) suitable recognition for the rights of

18 victims, including consideration of the victim’s

19 perspective at all appropriate stages of criminal

20 proceedings.

21 (2) DISQUALIFICATION.—The Attorney General

22 shall withdraw a State’s status as a qualifying State

23 if the Attorney General finds that the State no longer

24 appropriately provides for the matters described in

25 paragraph (1) or has ceased making substantial
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1 progress toward attaining them, in which event the

2 State shall no longer be entitled to the benefits of this

3 section, except to the extent the Attorney General oth4 erwise directs.

5 (3) WAIVER.—The Attorney General may waive,

6 for no more than one year, any of the requirements

7 of this subsection with respect to a particular State

8 if the Attorney General certifies that, in the Attorney

9 General’s judgment, there are compelling law enforce10 ment reasons for doing so. Any State granted any

11 such waiver shall be treated as a qualifying State for

12 all purposes of this subtitle, unless the Attorney Gen13 eral otherwise directs.

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to carry out this section—

16 (1) $600,000,000 for fiscal year 1994;

17 (2) $600,000,000 for fiscal year 1995;

18 (3) $600,000,000 for fiscal year 1996;

19 (4) $600,000,000 for fiscal year 1997; and

20 (5) $600,000,000 for fiscal year 1998.

21 Subtitle E—Violent Crime

22 Reduction Trust Fund

23 SEC. 1351. PURPOSES.

24 The Congress declares it essential—
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1 (1) to fully fund the control and prevention of

2 violent crime authorized in this Act over the next 5

3 years;

4 (2) to ensure orderly limitation and reduction of

5 Federal Government employment, as recommended by

6 the Report of the National Performance Review, con7 ducted by the Vice President; and

8 (3) to apply sufficient amounts of the savings

9 achieved by limiting Government employment to the

10 purpose of ensuring full funding of this Act over the

11 next 5 years.

12 SEC. 1352. REDUCTION OF FEDERAL FULL-TIME EQUIVA13 LENT POSITIONS.

14 (a) DEFINITION.—For purposes of this section, the

15 term ‘‘agency’’ means an Executive agency as defined under

16 section 105 of title 5, United States Code, but does not in17 clude the General Accounting Office.

18 (b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI19 TIONS.—The President, through the Office of Management

20 and Budget (in consultation with the Office of Personnel

21 Management), shall ensure that the total number of full22 time equivalent positions in all agencies shall not exceed—

23 (1) 2,095,182 during fiscal year 1994;

24 (2) 2,044,100 during fiscal year 1995;

25 (3) 2,003,846 during fiscal year 1996;
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1 (4) 1,963,593 during fiscal year 1997; and

2 (5) 1,923,339 during fiscal year 1998.

3 (c) MONITORING AND NOTIFICATION.—The Office of

4 Management and Budget, after consultation with the Office

5 of Personnel Management, shall—

6 (1) continuously monitor all agencies and make

7 a determination on the first date of each quarter of

8 each applicable fiscal year of whether the require9 ments under subsection (b) are met; and

10 (2) notify the President and the Congress on the

11 first date of each quarter of each applicable fiscal

12 year of any determination that any requirement of

13 subsection (b) is not met.

14 (d) COMPLIANCE.—If at any time during a fiscal year,

15 the Office of Management and Budget notifies the President

16 and the Congress that any requirement under subsection (b)

17 is not met, no agency may hire any employee for any posi18 tion is such agency until the Office of Management and

19 Budget notifies the President and the Congress that the total

20 number of full-time equivalent positions for all agencies

21 equals or is less than the applicable number required under

22 subsection (b).

23 (e) WAIVER.—Any provision of this section may be

24 waived upon—
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1 (1) a determination by the President of the exist2 ence of war or a national security requirement; or

3 (2) the enactment of a joint resolution upon an

4 affirmative vote of three-fifths of the Members of each

5 House of the Congress duly chosen and sworn.

6 SEC. 1353. CREATION OF VIOLENT CRIME REDUCTION

7 TRUST FUND.

8 (a) ESTABLISHMENT OF THE ACCOUNT.—Chapter 11

9 of title 31, United States Code, is amended by inserting

10 at the end thereof the following new section:

11 ‘‘§ 1115. Violent crime reduction trust fund

12 ‘‘(a) There is established a separate account in the

13 Treasury, known as the ‘Violent Crime Reduction Trust

14 Fund’, into which shall be deposited deficit reduction

15 achieved by section 1352 of the Violent Crime Control and

16 Law Enforcement Act of 1993 sufficient to fund that Act

17 (as defined in subsection (b) of this section).

18 ‘‘(b) On the first day of the following fiscal years (or

19 as soon thereafter as possible for fiscal year 1994), the fol20 lowing amounts shall be transferred from the general fund

21 to the Violent Crime Reduction Trust Fund—

22 ‘‘(1) for fiscal year 1994, $720,000,000;

23 ‘‘(2) for fiscal year 1995, $2,423,000,000;

24 ‘‘(3) for fiscal year 1996, $4,267,000,000;

25 ‘‘(4) for fiscal year 1997, $6,313,000,000; and
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1 ‘‘(5) for fiscal year 1998, $8,545,000,000.

2 ‘‘(c) Notwithstanding any other provision of law—

3 ‘‘(1) the amounts in the Violent Crime Reduction

4 Trust Fund may be appropriated exclusively for the

5 purposes authorized in the Violent Crime Control and

6 Law Enforcement Act of 1993;

7 ‘‘(2) the amounts in the Violent Crime Reduction

8 Trust Fund and appropriations under paragraph (1)

9 of this section shall be excluded from, and shall not

10 be taken into account for purposes of, any budget en11 forcement procedures under the Congressional Budget

12 Act of 1974 or the Balanced Budget and Emergency

13 Deficit Control Act of 1985; and

14 ‘‘(3) for purposes of this subsection, ‘appropria15 tions under paragraph (1)’ mean amounts of budget

16 authority not to exceed the balances of the Violent

17 Crime Reduction Trust Fund and amounts of outlays

18 that flow from budget authority actually appro19 priated.’’.

20 (b) LISTING OF THE VIOLENT CRIME REDUCTION

21 TRUST FUND AMONG GOVERNMENT TRUST FUNDS.—Sec22 tion 1321(a) of title 31, United States Code, is amended

23 by inserting at the end thereof the following new paragraph:

24 ‘‘(91) Violent Crime Reduction Trust Fund.’’.
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1 (c) REQUIREMENT FOR THE PRESIDENT TO REPORT

2 ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section

3 1105(a) of title 31, United States Code, is amended by add4 ing at the end thereof:

5 ‘‘(29) information about the Violent Crime Re6 duction Trust Fund, including a separate statement

7 of amounts in that Trust Fund.

8 ‘‘(30) an analysis displaying by agency proposed

9 reductions in full-time equivalent positions compared

10 to the current year’s level in order to comply with sec11 tion 1352 of the Violent Crime Control and Law En12 forcement Act of 1993.’’.

13 SEC. 1354. CONFORMING REDUCTION IN DISCRETIONARY

14 SPENDING LIMITS.

15 The Director of the Office of Management and Budget

16 shall, upon enactment of this Act, reduce the discretionary

17 spending limits set forth in section 601(a)(2) of the Con18 gressional Budget Act of 1974 for fiscal years 1994 through

19 1998 as follows:

20 (1) for fiscal year 1994, for the discretionary

21 category: $720,000,000 in new budget authority and

22 $314,000,000 in outlays;

23 (2) for fiscal year 1995, for the discretionary

24 category: $2,423,000,000 in new budget authority and

25 $2,330,000,000 in outlays;
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1 (3) for fiscal year 1996, for the discretionary

2 category: $4,267,000,000 in new budget authority and

3 $4,184,000,000 in outlays;

4 (4) for fiscal year 1997, for the discretionary

5 category: $6,313,000,000 in new budget authority and

6 $6,221,000,000 in outlays; and

7 (5) for fiscal year 1998, for the discretionary

8 category: $8,545,000,000 in new budget authority and

9 $8,443,000,000 in outlays.

10 TITLE XIV—RURAL CRIME

11 Subtitle A—Drug Trafficking in

12 Rural Areas

13 SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCE14 MENT AGENCIES.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

16 1001(a)(9) of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 is amended to read as follows:

18 ‘‘(9) There are authorized to be appropriated to carry

19 out part O $50,000,000 for each of fiscal years 1994, 1995,

20 1996, 1997, and 1998.’’.

21 (b) AMENDMENT TO BASE ALLOCATION.—Section

22 1501(a)(2)(A) of title I of the Omnibus Crime Control and

23 Safe Streets Act of 1968 is amended by striking ‘‘$100,000’’

24 and inserting ‘‘$250,000’’.
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1 SEC. 1402. RURAL CRIME AND DRUG ENFORCEMENT TASK

2 FORCES.

3 (a) ESTABLISHMENT.—Not later than 90 days after

4 the date of enactment of this Act, the Attorney General, in

5 consultation with the Governors, mayors, and chief execu6 tive officers of State and local law enforcement agencies,

7 shall establish a Rural Crime and Drug Enforcement Task

8 Force in each of the Federal judicial districts which encom9 pass significant rural lands. Assets seized as a result of in10 vestigations initiated by a Rural Drug Enforcement Task

11 Force shall be used primarily to enhance the operations of

12 the task force and its participating State and local law en13 forcement agencies.

14 (b) TASK FORCE MEMBERSHIP.—The task forces estab15 lished under subsection (a) shall be chaired by the United

16 States Attorney for the respective Federal judicial district.

17 The task forces shall include representatives from—

18 (1) State and local law enforcement agencies;

19 (2) the Drug Enforcement Administration;

20 (3) the Federal Bureau of Investigation;

21 (4) the Immigration and Naturalization Service;

22 (5) the Customs Service;

23 (6) the United States Marshals Service; and

24 (7) law enforcement officers from the United

25 States Park Police, United States Forest Service and

26 Bureau of Land Management, and such other Federal
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1 law enforcement agencies as the Attorney General

2 may direct.

3 SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

4 (a) IN GENERAL.—The Attorney General may cross5 designate up to 100 law enforcement officers from each of

6 the agencies specified under section 1502(b)(6) of the Omni7 bus Crime Control and Safe Streets Act of 1968 with juris8 diction to enforce the provisions of the Controlled Sub9 stances Act on non-Federal lands and title 18 of the United

10 States Code to the extent necessary to effect the purposes

11 of this Act.

12 (b) ADEQUATE STAFFING.—The Attorney General

13 shall, subject to the availability of appropriations, ensure

14 that each of the task forces established in accordance with

15 this title are adequately staffed with investigators and that

16 additional investigators are provided when requested by the

17 task force.

18 SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.

19 (a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—

20 The Director of the Federal Law Enforcement Training

21 Center shall develop a specialized course of instruction de22 voted to training law enforcement officers from rural agen23 cies in the investigation of drug trafficking and related

24 crimes.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out subsection (a)

3 $1,000,000 for each of fiscal years 1994, 1995, 1996, 1997,

4 and 1998.

5 SEC. 1405. MORE AGENTS FOR THE DRUG ENFORCEMENT

6 ADMINISTRATION.

7 There are authorized to be appropriated for the hiring

8 of additional Drug Enforcement Administration agents

9 $20,000,000 for each of fiscal years 1994, 1995, 1996, 1997,

10 and 1998.

11 Subtitle B—Drug Free Truck Stops

12 and Safety Rest Areas

13 SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST

14 AREAS.

15 (a) SHORT TITLE.—This section may be cited as the

16 ‘‘Drug Free Truck Stop Act’’.

17 (b) AMENDMENT TO CONTROLLED SUBSTANCES

18 ACT.—

19 (1) IN GENERAL.—Part D of the Controlled Sub20 stances Act (21 U.S.C. 801 et seq.) is amended by in21 serting after section 408 the following new section:

22 ‘‘TRANSPORTATION SAFETY OFFENSES

23 ‘‘SEC. 409. (a) DEFINITIONS.—In this section—
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1 ‘‘ ‘safety rest area’ means a roadside facility with

2 parking facilities for the rest or other needs of motor3 ists.

4 ‘‘ ‘truck stop’ means a facility (including any

5 parking lot appurtenant thereto) that—

6 ‘‘(A) has the capacity to provide fuel or

7 service, or both, to any commercial motor vehicle

8 (as defined under section 12019 of the Commer9 cial Motor Vehicle Safety Act of 1986 (49 U.S.C.

10 App. 2716)) operating in commerce (as defined

11 in that section); and

12 ‘‘(B) is located within 2,500 feet of the Na13 tional System of Interstate and Defense High14 ways or the Federal-Aid Primary System.

15 ‘‘(b) FIRST OFFENSE.—A person who violates section

16 401(a)(1) or section 416 by distributing or possessing with

17 intent to distribute a controlled substance in or on, or with18 in 1,000 feet of, a truck stop or safety rest area is (except

19 as provided in subsection (b)) subject to—

20 ‘‘(1) twice the maximum punishment authorized

21 by section 401(b); and

22 ‘‘(2) twice any term of supervised release author23 ized by section 401(b) for a first offense.

24 ‘‘(c) SUBSEQUENT OFFENSE.—A person who violates

25 section 401(a)(1) or section 416 by distributing or possess-
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1 ing with intent to distribute a controlled substance in or

2 on, or within 1,000 feet of, a truck stop or a safety rest

3 area after a prior conviction or convictions under sub4 section (a) have become final is subject to—

5 ‘‘(1) 3 times the maximum punishment author6 ized by section 401(b); and

7 ‘‘(2) 3 times any term of supervised release au8 thorized by section 401(b) for a first offense.’’.

9 (2) TECHNICAL AMENDMENTS.—

10 (A) CROSS REFERENCE.—Section 401(b) of

11 the Controlled Substances Act (21 U.S.C. 841(b))

12 is amended by inserting ‘‘409,’’ before ‘‘418,’’

13 each place it appears.

14 (B) TABLE OF CONTENTS.—The table of

15 contents of the Comprehensive Drug Abuse Pre16 vention and Control Act of 1970 is amended by

17 striking the item relating to section 409 and in18 serting the following new item:

‘‘Sec. 409. Transportation safety offenses.’’.

19 (c) SENTENCING GUIDELINES.—Pursuant to its au20 thority under section 994 of title 28, United States Code,

21 and section 21 of the Sentencing Act of 1987 (28 U.S.C.

22 994 note), the United States Sentencing Commission shall

23 promulgate guidelines, or shall amend existing guidelines,

24 to provide an appropriate enhancement of punishment for
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1 a defendant convicted of violating section 409 of the Con2 trolled Substances Act, as added by subsection (b).

3 Subtitle C—Rural Domestic Vio4 lence and Child Abuse Enforce5 ment

6 SEC. 1421. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

7 ENFORCEMENT ASSISTANCE.

8 (a) GRANTS.—The Attorney General may make grants

9 to units of State and local governments of rural States, and

10 to other public or private entities of rural States—

11 (1) to implement, expand, and establish coopera12 tive efforts and projects between law enforcement offi13 cers, prosecutors, victim advocacy groups, and other

14 related parties to investigate and prosecute incidents

15 of domestic violence and child abuse;

16 (2) to provide treatment and counseling to vic17 tims of domestic violence and child abuse; and

18 (3) to work in cooperation with the community

19 to develop education and prevention strategies di20 rected toward such issues.

21 (b) DEFINITION.—In this section, ‘‘rural State’’ has

22 the meaning stated in section 1501(b) of title I of the Omni23 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

24 3796bb(B)).

25 (c) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There is authorized to be ap2 propriated to carry out this section $10,000,000 for

3 each of fiscal years 1995, 1996, and 1997.

4 (2) ADDITIONAL FUNDING.—In addition to funds

5 received under a grant under subsection (a), a law

6 enforcement agency may use funds received under a

7 grant under section 103 to accomplish the objectives

8 of this section.

9 TITLE XV—DRUG CONTROL

10 Subtitle A—Increased Penalties

11 SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAF12 FICKING IN PRISONS.

13 Section 1791 of title 18, United States Code, is amend14 ed—

15 (1) in subsection (c), by inserting before ‘‘Any’’

16 the following new sentence: ‘‘Any punishment imposed

17 under subsection (b) for a violation of this section in18 volving a controlled substance shall be consecutive to

19 any other sentence imposed by any court for an of20 fense involving such a controlled substance.’’;

21 (2) in subsection (d)(1)(A), by inserting after ‘‘a

22 firearm or destructive device’’ the following: ‘‘or a

23 controlled substance in schedule I or II, other than

24 marijuana or a controlled substance referred to in

25 subparagraph (C) of this subsection’’;
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1 (3) in subsection (d)(1)(B), by inserting before

2 ‘‘ammunition,’’ the following: ‘‘marijuana or a con3 trolled substance in schedule III, other than a con4 trolled substance referred to in subparagraph (C) of

5 this subsection,’’;

6 (4) in subsection (d)(1)(C), by inserting ‘‘meth7 amphetamine, its salts, isomers, and salts of its iso8 mers,’’ after ‘‘a narcotic drug,’’;

9 (5) in subsection (d)(1)(D), by inserting ‘‘(A),

10 (B), or’’ before ‘‘(C)’’; and

11 (6) in subsection (b), by striking ‘‘(c)’’ each place

12 it appears and inserting ‘‘(d)’’.

13 SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTA14 TION OF SMALL DRUG QUANTITIES.

15 Section 497(a)(2)(A) of the Tariff Act of 1930 (19

16 U.S.C. 1497(a)(2)(A)) is amended by adding ‘‘or $500,

17 whichever is greater’’ after ‘‘value of the article’’.

18 SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC

19 HOUSING AUTHORITY FACILITIES.

20 Section 419 of the Controlled Substances Act (21

21 U.S.C. 860) is amended—

22 (1) in subsection (a) by striking ‘‘playground, or

23 within’’ and inserting ‘‘playground, or housing facil24 ity owned by a public housing authority, or within’’;

25 and
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1 (2) in subsection (b) by striking ‘‘playground, or

2 within’’ and inserting ‘‘playground, or housing facil3 ity owned by a public housing authority, or within’’.

4 SEC. 1504. ANABOLIC STEROIDS PENALTIES.

5 Section 404 of the Controlled Substances Act (21

6 U.S.C. 844) is amended by inserting after subsection (a)

7 the following:

8 ‘‘(b)(1) Whoever, being a physical trainer or adviser

9 to an individual, endeavors to persuade or induce that indi10 vidual to possess or use anabolic steroids in violation of

11 subsection (a), shall be fined under title 18, United States

12 Code, or imprisoned not more than 2 years, or both. If such

13 individual has not attained the age of 18 years, the maxi14 mum imprisonment shall be 5 years.

15 ‘‘(2) As used in this subsection, the term ‘physical

16 trainer or adviser’ means any professional or amateur

17 coach, manager, trainer, instructor, or other such person,

18 who provides any athletic or physical instruction, training,

19 advice, assistance, or other such service to any person.’’.

20 SEC. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN

21 ‘‘DRUG-FREE’’ ZONES.

22 Pursuant to its authority under section 994 of title

23 28, United States Code, the United States Sentencing Com24 mission shall amend existing guidelines to provide that a

25 defendant convicted of violating section 419 of the Con-
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1 trolled Substances Act (21 U.S.C. 860) shall be assigned an

2 offense level under chapter 2 of the sentencing guidelines

3 that is no less than level 20.

4 SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE

5 IN FEDERAL PRISONS.

6 (a) DECLARATION OF POLICY.—It is the policy of the

7 Federal Government that the use or distribution of illegal

8 drugs in the Nation’s Federal prisons will not be tolerated

9 and that such crimes shall be prosecuted to the fullest extent

10 of the law.

11 (b) SENTENCING GUIDELINES.—Pursuant to its au12 thority under section 994 of title 28, United States Code,

13 the United States Sentencing Commission shall amend its

14 sentencing guidelines to appropriately enhance the penalty

15 for a person convicted of an offense—

16 (1) under section 404 of the Controlled Sub17 stances Act involving simple possession of a controlled

18 substance within a Federal prison or other Federal

19 detention facility; or

20 (2) under section 401(b) of the Controlled Sub21 stances Act involving the smuggling of a controlled

22 substance into a Federal prison or other Federal de23 tention facility or the distribution or intended dis24 tribution of a controlled substance within a Federal

25 prison or other Federal detention facility.
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1 (c) NO PROBATION OR SUSPENSION OF SENTENCE.—

2 Notwithstanding any other law, the court shall not place

3 on probation or suspend the sentence of a person convicted

4 of an offense described in subsection (b).

5 Subtitle B—Precursor Chemicals

6 Act

7 SEC. 1511. SHORT TITLE.

8 This title may be cited as the ‘‘Chemical Control

9 Amendments Act of 1993’’.

10 SEC. 1512. DEFINITION AMENDMENTS.

11 (a) DEFINITIONS.—Section 102 of the Controlled Sub12 stances Act (21 U.S.C. 802) is amended—

13 (1) in paragraph (33) by striking ‘‘any listed

14 precursor chemical or listed essential chemical’’ and

15 inserting ‘‘any list I chemical or any list II chemi16 cal’’;

17 (2) in paragraph (34)—

18 (A) by striking ‘‘listed precursor chemical’’

19 and inserting ‘‘list I chemical’’; and

20 (B) by striking ‘‘critical to the creation’’

21 and inserting ‘‘important to the manufacturer’’;

22 (3) in paragraph (34) (A), (F), and (H), by in23 serting ‘‘, its esters’’ before ‘‘and’’;

24 (4) in paragraph (35)—
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1 (A) by striking ‘‘listed essential chemical’’

2 and inserting ‘‘list II chemical’’;

3 (B) by inserting ‘‘(other than a list I chemi4 cal)’’ before ‘‘specified’’; and

5 (C) by striking ‘‘as a solvent, reagent, or

6 catalyst’’;

7 (5) in paragraph (38) by inserting ‘‘or who acts

8 as a broker or trader for an international transaction

9 involving a listed chemical, a tableting machine, or

10 an encapsulating machine’’ before the period;

11 (6) in paragraph (39)(A)—

12 (A) by striking ‘‘importation or exportation

13 of’’ and inserting ‘‘importation, or exportation

14 of, or an international transaction involving

15 shipment of,’’;

16 (B) in clause (iii) by inserting ‘‘or any cat17 egory of transaction for a specific listed chemical

18 or chemicals’’ after ‘‘transaction’’;

19 (C) by amending clause (iv) to read as fol20 lows:

21 ‘‘(iv) any transaction in a listed chemical

22 that is contained in a drug that may be mar23 keted or distributed lawfully in the United States

24 under the Federal Food, Drug, and Cosmetic Act

25 (21 U.S.C. 301 et seq.) unless—
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1 ‘‘(I)(aa) the drug contains ephedrine or

2 its salts, optical isomers, or salts of optical

3 isomers as the only active medicinal ingre4 dient or contains ephedrine and therapeuti5 cally insignificant quantities of another ac6 tive medicinal ingredient; or

7 ‘‘(bb) the Attorney General has deter8 mined under section 204 that the drug or

9 group of drugs is being diverted to obtain

10 the listed chemical for use in the illicit pro11 duction of a controlled substance; and

12 ‘‘(II) the quantity of ephedrine or other

13 listed chemical contained in the drug in14 cluded in the transaction or multiple trans15 actions equals or exceeds the threshold estab16 lished for that chemical by the Attorney

17 General.’’; and

18 (D) in clause (v) by striking the semicolon

19 and inserting ‘‘which the Attorney General has

20 by regulation designated as exempt from the ap21 plication of this title and title II based on a

22 finding that the mixture is formulated in such a

23 way that it cannot be easily used in the illicit

24 production of a controlled substance and that the
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1 listed chemical or chemicals contained in the

2 mixture cannot be readily recovered;’’;

3 (7) in paragraph (40) by striking ‘‘listed precur4 sor chemical or a listed essential chemical’’ each place

5 it appears and inserting ‘‘list I chemical or a list II

6 chemical’’; and

7 (8) by adding at the end the following new para8 graphs:

9 ‘‘(43) The term ‘international transaction’ means a

10 transaction involving the shipment of a listed chemical

11 across an international border (other than a United States

12 border) in which a broker or trader located in the United

13 States participates.

14 ‘‘(44) The terms ‘broker’ and ‘trader’ mean a person

15 that assists in arranging an international transaction in

16 a listed chemical by—

17 ‘‘(A) negotiating contracts;

18 ‘‘(B) serving as an agent or intermediary; or

19 ‘‘(C) bringing together a buyer and seller, buyer

20 and transporter, or a seller and transporter.’’.

21 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—

22 (1) PROCEDURE.—Part B of the Controlled Sub23 stances Act (21 U.S.C. 811 et seq.) is amended by

24 adding at the end the following new section:
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1 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

2 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The Attor3 ney General shall by regulation remove from exemption

4 under section 102(39)(A)(iv)(II) a drug or group of drugs

5 that the Attorney General finds is being diverted to obtain

6 a listed chemical for use in the illicit production of a con7 trolled substance.

8 ‘‘(b) FACTORS TO BE CONSIDERED.—In removing a

9 drug or group of drugs from exemption under subsection

10 (a), the Attorney General shall consider, with respect to a

11 drug or group of drugs that is proposed to be removed from

12 exemption—

13 ‘‘(1) the scope, duration, and significance of the

14 diversion;

15 ‘‘(2) whether the drug or group of drugs is for16 mulated in such a way that it cannot be easily used

17 in the illicit production of a controlled substance; and

18 ‘‘(3) whether the listed chemical can be readily

19 recovered from the drug or group of drugs.

20 ‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney

21 General shall limit the designation of a drug or a group

22 of drugs removed from exemption under subsection (a) to

23 the most particularly identifiable type of drug or group of

24 drugs for which evidence of diversion exists unless there is

25 evidence, based on the pattern of diversion and other rel-
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1 evant factors, that the diversion will not be limited to that

2 particular drug or group of drugs.

3 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RESPECT

4 TO PARTICULAR DRUG PRODUCTS.—

5 ‘‘(1) REINSTATEMENT.—On application by a

6 manufacturer of a particular drug product that has

7 been removed from exemption under subsection (a),

8 the Attorney General shall by regulation reinstate the

9 exemption with respect to that particular drug prod10 uct if the Attorney General determines that the par11 ticular drug product is manufactured and distributed

12 in a manner that prevents diversion.

13 ‘‘(2) FACTORS TO BE CONSIDERED.—In deciding

14 whether to reinstate the exemption with respect to a

15 particular drug product under paragraph (1), the At16 torney General shall consider—

17 ‘‘(A) the package sizes and manner of pack18 aging of the drug product;

19 ‘‘(B) the manner of distribution and adver20 tising of the drug product;

21 ‘‘(C) evidence of diversion of the drug prod22 uct;

23 ‘‘(D) any actions taken by the manufacturer

24 to prevent diversion of the drug product; and
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1 ‘‘(E) such other factors as are relevant to

2 and consistent with the public health and safety,

3 including the factors described in subsection (b)

4 as applied to the drug product.

5 ‘‘(3) STATUS PENDING APPLICATION FOR REIN6 STATEMENT.—A transaction involving a particular

7 drug product that is the subject of a bona fide pend8 ing application for reinstatement of exemption filed

9 with the Attorney General not later than 60 days

10 after a regulation removing the exemption is issued

11 pursuant to subsection (a) shall not be considered to

12 be a regulated transaction if the transaction occurs

13 during the pendency of the application and, if the At14 torney General denies the application, during the pe15 riod of 60 days following the date on which the Attor16 ney General denies the application, unless—

17 ‘‘(A) the Attorney General has evidence

18 that, applying the factors described in subsection

19 (b) to the drug product, the drug product is

20 being diverted; and

21 ‘‘(B) the Attorney General so notifies the

22 applicant.

23 ‘‘(4) AMENDMENT AND MODIFICATION.—A regu24 lation reinstating an exemption under paragraph (1)
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1 may be modified or revoked with respect to a particu2 lar drug product upon a finding that—

3 ‘‘(A) applying the factors described in sub4 section (b) to the drug product, the drug product

5 is being diverted; or

6 ‘‘(B) there is a significant change in the

7 data that led to the issuance of the regulation.’’.

8 (2) TECHNICAL AMENDMENT.—The table of con9 tents of the Comprehensive Drug Abuse Prevention

10 and Control Act of 1970 (84 Stat. 1236) is amended

11 by adding at the end of the section relating to part

12 B of title II the following new item:

‘‘Sec. 204. Removal of exemption of certain drugs.’’.

13 (c) REGULATION OF LISTED CHEMICALS.—Section

14 310 of the Controlled Substances Act (21 U.S.C. 830) is

15 amended—

16 (1) in subsection (a)(1)—

17 (A) by striking ‘‘precursor chemical’’ and

18 inserting ‘‘list I chemical’’; and

19 (B) in subparagraph (B) by striking ‘‘an

20 essential chemical’’ and inserting ‘‘a list II

21 chemical’’; and

22 (2) in subsection (c)(2)(D) by striking ‘‘precur23 sor chemical’’ and inserting ‘‘chemical control’’.
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1 SEC. 1513. REGISTRATION REQUIREMENTS.

2 (a) RULES AND REGULATIONS.—Section 301 of the

3 Controlled Substances Act (21 U.S.C. 821) is amended by

4 striking the period and inserting ‘‘and to the registration

5 and control of regulated persons and of regulated trans6 actions.’’.

7 (b) PERSONS REQUIRED TO REGISTER UNDER SEC8 TION 302.—Section 302 of the Controlled Substances Act

9 (21 U.S.C. 822) is amended—

10 (1) in subsection (a)(1) by inserting ‘‘or list I

11 chemical’’ after ‘‘controlled substance’’ each place it

12 appears;

13 (2) in subsection (b)—

14 (A) by inserting ‘‘or list I chemicals’’ after

15 ‘‘controlled substances’’; and

16 (B) by inserting ‘‘or chemicals’’ after ‘‘such

17 substances’’;

18 (3) in subsection (c) by inserting ‘‘or list I chem19 ical’’ after ‘‘controlled substance’’ each place it ap20 pears; and

21 (4) in subsection (e) by inserting ‘‘or list I

22 chemicals’’ after ‘‘controlled substances’’.

23 (c) REGISTRATION REQUIREMENTS UNDER SECTION

24 303.—Section 303 of the Controlled Substances Act (21

25 U.S.C. 823) is amended by adding at the end the following

26 new subsection:
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1 ‘‘(h) The Attorney General shall register an applicant

2 to distribute a list I chemical unless the Attorney General

3 determines that registration of the applicant is inconsistent

4 with the public interest. Registration under this subsection

5 shall not be required for the distribution of a drug product

6 that is exempted under section 102(39)(A)(iv). In determin7 ing the public interest for the purposes of this subsection,

8 the Attorney General shall consider—

9 ‘‘(1) maintenance by the applicant of effective

10 controls against diversion of listed chemicals into

11 other than legitimate channels;

12 ‘‘(2) compliance by the applicant with applicable

13 Federal, State and local law;

14 ‘‘(3) any prior conviction record of the applicant

15 under Federal or State laws relating to controlled

16 substances or to chemicals controlled under Federal or

17 State law;

18 ‘‘(4) any past experience of the applicant in the

19 manufacture and distribution of chemicals; and

20 ‘‘(5) such other factors as are relevant to and

21 consistent with the public health and safety.’’.

22 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG23 ISTRATION.—Section 304 of the Controlled Substances Act

24 (21 U.S.C. 824) is amended—

25 (1) in subsection (a)—
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1 (A) by inserting ‘‘or a list I chemical’’ after

2 ‘‘controlled substance’’ each place it appears; and

3 (B) by inserting ‘‘or list I chemicals’’ after

4 ‘‘controlled substances’’;

5 (2) in subsection (b) by inserting ‘‘or list I chem6 ical’’ after ‘‘controlled substance’’;

7 (3) in subsection (f) by inserting ‘‘or list I

8 chemicals’’ after ‘‘controlled substances’’ each place it

9 appears; and

10 (4) in subsection (g)—

11 (A) by inserting ‘‘or list I chemicals’’ after

12 ‘‘controlled substances’’ each place it appears;

13 and

14 (B) by inserting ‘‘or list I chemical’’ after

15 ‘‘controlled substance’’ each place it appears.

16 (e) PERSONS REQUIRED TO REGISTER UNDER SEC17 TION 1007.—Section 1007 of the Controlled Substances Im18 port and Export Act (21 U.S.C. 957) is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1) by inserting ‘‘or list

21 I chemical’’ after ‘‘controlled substance’’; and

22 (B) in paragraph (2) by striking ‘‘in sched23 ule I, II, III, IV, or V,’’ and inserting ‘‘or list

24 I chemical,’’; and

25 (2) in subsection (b)—
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1 (A) in paragraph (1) by inserting ‘‘or list

2 I chemical’’ after ‘‘controlled substance’’ each

3 place it appears; and

4 (B) in paragraph (2) by inserting ‘‘or list

5 I chemicals’’ after ‘‘controlled substances’’.

6 (f) REGISTRATION REQUIREMENTS UNDER SECTION

7 1008.—Section 1008 of the Controlled Substances Import

8 and Export Act (21 U.S.C. 958) is amended—

9 (1) in subsection (c)—

10 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

11 (B) by adding at the end the following new

12 paragraph:

13 ‘‘(2)(A) The Attorney General shall register an appli14 cant to import or export a list I chemical unless the Attor15 ney General determines that registration of the applicant

16 is inconsistent with the public interest. Registration under

17 this subsection shall not be required for the import or export

18 of a drug product that is exempted under section

19 102(39)(A)(iv).

20 ‘‘(B) In determining the public interest for the pur21 poses of subparagraph (A), the Attorney General shall con22 sider the factors specified in section 303(h).’’;

23 (2) in subsection (d)—
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1 (A) in paragraph (3) by inserting ‘‘or list

2 I chemical or chemicals,’’ after ‘‘substances,’’;

3 and

4 (B) in paragraph (6) by inserting ‘‘or list

5 I chemicals’’ after ‘‘controlled substances’’ each

6 place it appears;

7 (3) in subsection (e) by striking ‘‘and 307’’ and

8 inserting ‘‘307, and 310’’; and

9 (4) in subsections (f), (g), and (h) by inserting

10 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

11 each place it appears.

12 (g) PROHIBITED ACTS C.—Section 403(a) of the Con13 trolled Substances Act (21 U.S.C. 843(a)) is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph (7);

15 (2) by striking the period at the end of para16 graph (8) and inserting ‘‘; or’’; and

17 (3) by adding at the end the following new para18 graph:

19 ‘‘(9) if the person is a regulated person, to dis20 tribute, import, or export a list I chemical without

21 the registration required by this Act.’’.

22 SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFAC23 TURING.

24 Section 310(b) of the Controlled Substances Act (21

25 U.S.C. 830(b)) is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

2 (2) by redesignating paragraphs (1), (2), (3),

3 and (4) as subparagraphs (A), (B), (C), and (D), re4 spectively;

5 (3) by striking ‘‘paragraph (1)’’ each place it

6 appears and inserting ‘‘subparagraph (A)’’;

7 (4) by striking ‘‘paragraph (2)’’ and inserting

8 ‘‘subparagraph (B)’’;

9 (5) by striking ‘‘paragraph (3)’’ and inserting

10 ‘‘subparagraph (C)’’; and

11 (6) by adding at the end the following new para12 graph:

13 ‘‘(2) A regulated person that manufactures a list14 ed chemical shall report annually to the Attorney

15 General, in such form and manner and containing

16 such specific data as the Attorney General shall pre17 scribe by regulation, information concerning listed

18 chemicals manufactured by the person. The require19 ment of the preceding sentence shall not apply to the

20 manufacture of a drug product that is exempted

21 under section 102(39)(A)(iv).’’.

22 SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL

23 PENALTIES.

24 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

25 PENALTIES WITH RESPECT TO IMPORTATION AND EXPOR-
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1 TATION OF LISTED CHEMICALS.—Section 1018 of the Con2 trolled Substances Import and Export Act (21 U.S.C. 971)

3 is amended by adding at the end the following new sub4 section:

5 ‘‘(d) A person located in the United States who is a

6 broker or trader for an international transaction in a listed

7 chemical that is a regulated transaction solely because of

8 that person’s involvement as a broker or trader shall, with

9 respect to that transaction, be subject to all of the notifica10 tion, reporting, recordkeeping, and other requirements

11 placed upon exporters of listed chemicals by this title and

12 title II.’’.

13 (b) PROHIBITED ACTS A.—Section 1010(d) of the Con14 trolled Substances Import and Export Act (21 U.S.C.

15 960(d)) is amended to read as follows:

16 ‘‘(d) A person who knowingly or intentionally—

17 ‘‘(1) imports or exports a listed chemical with

18 intent to manufacture a controlled substance in viola19 tion of this title or title II;

20 ‘‘(2) exports a listed chemical in violation of the

21 laws of the country to which the chemical is exported

22 or serves as a broker or trader for an international

23 transaction involving a listed chemical, if the trans24 action is in violation of the laws of the country to

25 which the chemical is exported;
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1 ‘‘(3) imports or exports a listed chemical know2 ing, or having reasonable cause to believe, that the

3 chemical will be used to manufacture a controlled

4 substance in violation of this title or title II; or

5 ‘‘(4) exports a listed chemical, or serves as a

6 broker or trader for an international transaction in7 volving a listed chemical, knowing, or having reason8 able cause to believe, that the chemical will be used

9 to manufacture a controlled substance in violation of

10 the laws of the country to which the chemical is ex11 ported,

12 shall be fined in accordance with title 18, imprisoned not

13 more than 10 years, or both.’’.

14 SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PEN15 ALTIES.

16 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

17 the Controlled Substances Import and Export Act (21

18 U.S.C. 971), as amended by section 5(a), is amended by

19 adding at the end the following new subsection:

20 ‘‘(e)(1) The Attorney General may by regulation re21 quire that the 15-day notification requirement of subsection

22 (a) apply to all exports of a listed chemical to a specified

23 country, regardless of the status of certain customers in such

24 country as regular customers, if the Attorney General finds

25 that such notification is necessary to support effective chem-
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1 ical diversion control programs or is required by treaty or

2 other international agreement to which the United States

3 is a party.

4 ‘‘(2) The Attorney General may by regulation waive

5 the 15-day notification requirement for exports of a listed

6 chemical to a specified country if the Attorney General de7 termines that such notification is not required for effective

8 chemical diversion control. If the notification requirement

9 is waived, exporters of the listed chemical shall be required

10 to submit to the Attorney General reports of individual ex11 portations or periodic reports of such exportation of the list12 ed chemical, at such time or times and containing such in13 formation as the Attorney General shall establish by regula14 tion.

15 ‘‘(3) The Attorney General may by regulation waive

16 the 15-day notification requirement for the importation of

17 a listed chemical if the Attorney General determines that

18 such notification is not necessary for effective chemical di19 version control. If the notification requirement is waived,

20 importers of the listed chemical shall be required to submit

21 to the Attorney General reports of individual importations

22 or periodic reports of the importation of the listed chemical,

23 at such time or times and containing such information as

24 the Attorney General shall establish by regulation.’’.
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1 (b) PROHIBITED ACTS A.—Section 1010(d) of the Con2 trolled Substances Import and Export Act (21 U.S.C.

3 960(d)), as amended by section 5(b), is amended—

4 (1) by striking ‘‘or’’ at the end of paragraph (3);

5 (2) by striking the comma at the end of para6 graph (4) and inserting a semicolon; and

7 (3) by adding at the end the following new para8 graphs:

9 ‘‘(5) imports or exports a listed chemical, with

10 the intent to evade the reporting or recordkeeping re11 quirements of section 1018 applicable to such impor12 tation or exportation by falsely representing to the

13 Attorney General that the importation or exportation

14 qualifies for a waiver of the 15-day notification re15 quirement granted pursuant to section 1018(e) (2) or

16 (3) by misrepresenting the actual country of final des17 tination of the listed chemical or the actual listed

18 chemical being imported or exported; or

19 ‘‘(6) imports or exports a listed chemical in vio20 lation of section 1007 or 1018,’’.

21 SEC. 1517. AMENDMENTS TO LIST I.

22 Section 102(34) of the Controlled Substances Act (21

23 U.S.C. 802(34)) is amended—

24 (1) by striking subparagraphs (O), (U), and

25 (W);
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1 (2) by redesignating subparagraphs (P) through

2 (T) as (O) through (S), subparagraph (V) as (T), and

3 subparagraphs (X) and (Y) as (U) and (X), respec4 tively;

5 (3) in subparagraph (X), as redesignated by

6 paragraph (2), by striking ‘‘(X)’’ and inserting

7 ‘‘(U)’’; and

8 (4) by inserting after subparagraph (U), as re9 designated by paragraph (2), the following new sub10 paragraphs:

11 ‘‘(V) benzaldehyde.

12 ‘‘(W) nitroethane.’’.

13 SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS

14 AND CREATION OF REGULAR IMPORTER STA15 TUS.

16 (a) DEFINITION.—Section 102(37) of the Controlled

17 Substances Act (21 U.S.C. 802(37)) is amended to read as

18 follows:

19 ‘‘(37) The term ‘regular importer’ means, with respect

20 to a listed chemical, a person that has an established record

21 as an importer of that listed chemical that is reported to

22 the Attorney General.’’.

23 (b) NOTIFICATION.—Section 1018 of the Controlled

24 Substances Act (21 U.S.C. 971) is amended—

25 (1) in subsection (b)—
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1 (A) in paragraph (1) by striking ‘‘regular

2 supplier of the regulated person’’ and inserting

3 ‘‘to an importation by a regular importer’’; and

4 (B) in paragraph (2)—

5 (i) by striking ‘‘a customer or supplier

6 of a regulated person’’ and inserting ‘‘a cus7 tomer of a regulated person or to an im8 porter’’; and

9 (ii) by striking ‘‘regular supplier’’ and

10 inserting ‘‘the importer as a regular im11 porter’’; and

12 (2) in subsection (c)(1) by striking ‘‘regular sup13 plier’’ and inserting ‘‘regular importer’’.

14 SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHOR15 ITY.

16 Section 510 of the Controlled Substances Act (21

17 U.S.C. 880) is amended—

18 (1) by amending subsection (a)(2) to read as fol19 lows:

20 ‘‘(2) places, including factories, warehouses, and

21 other establishments, and conveyances, where persons

22 registered under section 303 (or exempt from registra23 tion under section 302(d) or by regulation of the At24 torney General) or regulated persons may lawfully

25 hold, manufacture, distribute, dispense, administer, or
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1 otherwise dispose of controlled substances or listed

2 chemicals or where records relating to those activities

3 are maintained.’’; and

4 (2) in subsection (b)(3)—

5 (A) in subparagraph (B) by inserting ‘‘,

6 listed chemicals,’’ after ‘‘unfinished drugs’’; and

7 (B) in subparagraph (C) by inserting ‘‘or

8 listed chemical’’ after ‘‘controlled substance’’ and

9 inserting ‘‘or chemical’’ after ‘‘such substance’’.

10 SEC. 1520. THRESHOLD AMOUNTS.

11 Section 102(39)(A) of the Controlled Substances Act

12 (21 U.S.C. 802(39)(A)), as amended by section 2, is amend13 ed by inserting ‘‘of a listed chemical, or if the Attorney Gen14 eral establishes a threshold amount for a specific listed

15 chemical,’’ before ‘‘a threshold amount, including a cumu16 lative threshold amount for multiple transactions’’.

17 SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.

18 (a) IN GENERAL.—Part C of the Controlled Substances

19 Act (21 U.S.C. 821 et seq.) is amended by adding at the

20 end the following new section:

21 ‘‘MANAGEMENT OF LISTED CHEMICALS

22 ‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a person

23 who possesses a listed chemical with the intent that it be

24 used in the illegal manufacture of a controlled substance

25 to manage the listed chemical or waste from the manufac26 ture of a controlled substance otherwise than as required
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1 by regulations issued under sections 3001, 3002, 3003,

2 3004, and 3005 of the Solid Waste Disposal Act (42 U.S.C.

3 6921, 6922, 6923, 6924, and 6925).

4 ‘‘(b) ENHANCED PENALTY.—(1) In addition to a pen5 alty that may be imposed for the illegal manufacture, pos6 session, or distribution of a listed chemical or toxic residue

7 of a clandestine laboratory, a person who violates subsection

8 (a) shall be assessed the costs described in paragraph (2)

9 and shall be imprisoned as described in paragraph (3).

10 ‘‘(2) Pursuant to paragraph (1) a defendant shall be

11 assessed the following costs to the United States, a State,

12 or another authority or person that undertakes to correct

13 the results of the improper management of a listed chemical:

14 ‘‘(A) The cost of initial cleanup and disposal of

15 the listed chemical and contaminated property.

16 ‘‘(B) The cost of restoring property that is dam17 aged by exposure to a listed chemical for rehabilita18 tion under Federal, State, and local standards.

19 ‘‘(3)(A) A violation of subsection (a) shall be punished

20 as a class D felony, or in the case of a willful violation,

21 as a class C felony.

22 ‘‘(B) Pursuant to its authority under section 944 of

23 title 28, United States Code, the United States Sentencing

24 Commission shall amend its sentencing guidelines to pro-
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1 vide for an appropriate enhancement of punishment for a

2 willful violation of subsection (a).

3 ‘‘(4) A court may order that all or a portion of the

4 earnings from work performed by a defendant in prison be

5 withheld for payment of costs assessed under paragraph (2).

6 ‘‘(c) USE OF FORFEITED ASSETS.—The Attorney Gen7 eral may direct that assets forfeited under section 511 in

8 connection with a prosecution under this section be shared

9 with State agencies that participated in the seizure or

10 cleaning up of a contaminated site.’’.

11 (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—Sec12 tion 523(a) of title 11, United States Code, is amended—

13 (1) by striking ‘‘or’’ at the end of paragraph

14 (11);

15 (2) by striking the period at the end of para16 graph (12) and inserting ‘‘; or’’; and

17 (3) by adding at the end the following new para18 graph:

19 ‘‘(13) for costs assessed under section 311(b) of

20 the Controlled Substances Act.’’.

21 SEC. 1522. FORFEITURE EXPANSION.

22 Section 511(a) of the Controlled Substances Act (21

23 U.S.C. 881(a)) is amended—

24 (1) in paragraph (6) by inserting ‘‘or listed

25 chemical’’ after ‘‘controlled substance’’; and
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1 (2) in paragraph (9) by striking ‘‘a felony provi2 sion of’’.

3 SEC. 1523. REGULATIONS AND EFFECTIVE DATE.

4 (a) REGULATIONS.—The Attorney General shall, not

5 later than 90 days after the date of enactment of this Act,

6 issue regulations necessary to carry out this title.

7 (b) EFFECTIVE DATE.—This title and the amendments

8 made by this title shall become effective on the date that

9 is 120 days after the date of enactment of this Act.

10 Subtitle C—General Provisions

11 SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DAN12 GEROUS DRUGS UNDER RICO.

13 Section 1961(1) of title 18, United States Code, is

14 amended by striking ‘‘narcotic or other dangerous drugs’’

15 each place it appears and inserting ‘‘a controlled substance

16 or listed chemical, as defined in section 102 of the Con17 trolled Substances Act’’.

18 SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST

19 PENALTY PROVISIONS OF THE CONTROLLED

20 SUBSTANCES ACT AND THE CONTROLLED

21 SUBSTANCES IMPORT AND EXPORT ACT.

22 (a) Sections 401(b)(1) (B), (C), and (D) of the Con23 trolled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and

24 (D)) and sections 1010(b) (1), (2), and (3) of the Controlled

25 Substances Import and Export Act (21 U.S.C. 960(b) (1),
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1 (2), and (3)) are each amended in the sentence or sentences

2 beginning ‘‘If any person commits’’ by striking ‘‘one or

3 more prior convictions’’ through ‘‘have become final’’ and

4 inserting ‘‘a prior conviction for a felony drug offense has

5 become final’’.

6 (b) Section 1012(b) of the Controlled Substances Im7 port and Export Act (21 U.S.C. 962(b)) is amended by

8 striking ‘‘one or more prior convictions of him for a felony

9 under any provision of this title or title II or other law

10 of a State, the United States, or a foreign country relating

11 to narcotic drugs, marihuana, or depressant or stimulant

12 drugs, have become final’’ and inserting ‘‘one or more prior

13 convictions of such person for a felony for a felony drug

14 offense have become final’’.

15 (c) Section 401(b)(1)(A) of the Controlled Substances

16 Act (21 U.S.C. 841(b)(1)(A)) is amended by striking the

17 sentence beginning ‘‘For purposes of this subparagraph, the

18 term ‘felony drug offense’ means’’.

19 (d) Section 102 of the Controlled Substances Act (21

20 U.S.C. 802) is amended by adding at the end the following

21 new paragraph:

22 ‘‘(43) The term ‘felony drug offense’ means an offense

23 that is punishable by imprisonment for more than one year

24 under any law of the United States or of a State or foreign

25 country that prohibits or restricts conduct relating to nar-
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1 cotic drugs, marihuana, or depressant or stimulant sub2 stances.’’.

3 SEC. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF

4 THE PROVISION OF PUBLIC LAW 101–516 THAT

5 CONDITIONS PORTIONS OF A STATE’S FED6 ERAL HIGHWAY FUNDING ON THE STATE’S

7 ENACTMENT OF LEGISLATION REQUIRING

8 THE REVOCATION OF THE DRIVER’S LI9 CENSES OF CONVICTED DRUG ABUSERS.

10 The Attorney General, in consultation with the Sec11 retary of Transportation, shall implement a program of na12 tional awareness of section 333 of Public Law 101–516. The

13 program shall notify the Governors and State Representa14 tives of the requirements of that section.

15 SEC. 1534. ADVERTISING.

16 Section 403 of the Controlled Substances Act (21

17 U.S.C. 843) is amended—

18 (1) by redesignating subsections (c) and (d) as

19 subsections (d) and (e), respectively; and

20 (2) by inserting after subsection (b) the following

21 new subsection:

22 ‘‘(c) It shall be unlawful for any person to print, pub23 lish, place, or otherwise cause to appear in any newspaper,

24 magazine, handbill, or other publications, any written ad25 vertisement knowing that it has the purpose of seeking or
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1 offering illegally to receive, buy, or distribute a Schedule

2 I controlled substance. As used in this section the term ‘ad3 vertisement’ includes, in addition to its ordinary meaning,

4 such advertisements as those for a catalog of Schedule I con5 trolled substances and any similar written advertisement

6 that has the purpose of seeking or offering illegally to re7 ceive, buy, or distribute a Schedule I controlled substance.

8 The term ‘advertisement’ does not include material which

9 merely advocates the use of a similar material, which advo10 cates a position or practice, and does not attempt to propose

11 or facilitate an actual transaction in a Schedule I con12 trolled substance.’’.

13 SEC. 1535. NATIONAL DRUG CONTROL STRATEGY.

14 (a) IN GENERAL.—Section 1005(a) of the National

15 Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is

16 amended by adding at the end the following new paragraph:

17 ‘‘(5) Beginning with the first submission of a National

18 Drug Control Strategy to Congress after the date of the en19 actment of the Violent Crime Control and Law Enforcement

20 Act of 1993, the goals, objectives, and priorities of such

21 Strategy shall include a goal for expanding the availability

22 of treatment for drug addiction.’’.

23 (b) SENSE OF CONGRESS.—It is the sense of Congress

24 that among the long-term goals of the National Drug Con-
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1 trol Strategy should be the availability of drug treatment

2 to all who are in need of such treatment.

3 SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFI4 CERS OF DISCOVERIES OF CONTROLLED SUB5 STANCES OR LARGE SUMS OF CASH IN EX6 CESS OF $10,000 IN WEAPON SCREENING.

7 Section 315 of the Federal Aviation Act of 1958 (49

8 U.S.C. App. 1356) is amended—

9 (1) by redesignating subsection (c) as subsection

10 (d); and

11 (2) by inserting after subsection (b) the following

12 new subsection:

13 ‘‘(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR

14 CASH IN EXCESS OF $10,000.—Not later than 90 days after

15 the date of the enactment of this section, the Administrator

16 shall issue regulations requiring employees and agents re17 ferred to in subsection (a) to report to appropriate Federal

18 and State law enforcement officers any incident in which

19 the employee or agent, in the course of conducting screening

20 procedures pursuant to subsection (a), discovers a controlled

21 substance the possession of which may be a violation of Fed22 eral or State law, or any sizable sums of cash in excess

23 of $10,000 the possession of which may be a violation of

24 Federal or State law.’’.
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1 SEC. 1537. DRUG PARAPHERNALIA AMENDMENT.

2 Section 422 of the Controlled Substances Act (21

3 U.S.C. 863) is amended by adding at the end the following

4 new subsection:

5 ‘‘(g) CIVIL ENFORCEMENT.—The Attorney General

6 may bring a civil action against any person who violates

7 this section. The action may be brought in any district

8 court of the United States or the United States courts of

9 any territory in which the violation is taking or has taken

10 place. In an action under this section, the court shall deter11 mine the occurrence of a violation by a preponderance of

12 the evidence, and shall have the power to assess a civil pen13 alty of up to $250,000, and to grant such other relief, in14 cluding an injunction, as may be appropriate. Such rem15 edies shall be in addition to any other remedy available

16 under other law.’’.

17 TITLE XVI—DRUNK DRIVING

18 PROVISIONS

19 SEC. 1601. SHORT TITLE.

20 This title may be cited as the ‘‘Drunk Driving Child

21 Protection Act of 1993’’.

22 SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JU23 RISDICTION.

24 Section 13(b) of title 18, United States Code, is amend25 ed—
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1 (1) by striking ‘‘For purposes’’ and inserting

2 ‘‘(1) Subject to paragraph (2) and for purposes’’; and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(2)(A) In addition to any term of imprisonment pro6 vided for operating a motor vehicle under the influence of

7 a drug or alcohol imposed under the law of a State, terri8 tory, possession, or district, the punishment for such an of9 fense under this section shall include an additional term

10 of imprisonment of not more than 1 year, or if serious bod11 ily injury of a minor is caused, 5 years, or if death of a

12 minor is caused, 10 years, and an additional fine of not

13 more than $1,000, or both, if—

14 ‘‘(i) a minor (other than the offender) was

15 present in the motor vehicle when the offense was

16 committed; and

17 ‘‘(ii) the law of the State, territory, possession,

18 or district in which the offense occurred does not pro19 vide an additional term of imprisonment under the

20 circumstances described in clause (i).

21 ‘‘(B) For the purposes of subparagraph (A), the term

22 ‘minor’ means a person less than 18 years of age.’’.
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1 SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUS2 TODY AND VISITATION RIGHTS.

3 It is the sense of the Congress that in determining child

4 custody and visitation rights, the courts should take into

5 consideration the history of drunk driving that any person

6 involved in the determination may have.

7 TITLE XVII—COMMISSIONS

8 Subtitle A—Commission on Crime

9 and Violence

10 SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME

11 AND VIOLENCE.

12 There is established a commission to be known as the

13 ‘‘National Commission on Crime and Violence in America’’.

14 The Commission shall be composed of 25 members, ap15 pointed as follows:

16 (1) 7 persons by the President, 4 of whom shall

17 be members of one major political party and 3 of

18 whom shall be members of another major political

19 party;

20 (2) 9 persons by the Speaker of the House of

21 Representatives, 4 of whom shall be appointed on the

22 recommendation of the minority leader; and

23 (3) 9 persons by the President pro tempore of the

24 Senate, 5 of whom shall be appointed on the rec25 ommendation of the majority leader of the Senate and

26 the chairman of the Committee on the Judiciary of
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1 the Senate and 4 of whom shall be appointed on the

2 recommendation of the minority leader of the Senate

3 and the ranking minority member of the Committee

4 on the Judiciary of the Senate.

5 SEC. 1702. PURPOSE.

6 The purposes of the Commission are as follows:

7 (1) To develop a comprehensive and effective

8 crime control plan which will serve as a ‘‘blueprint’’

9 for action in the 1990’s. The report shall include an

10 estimated cost for implementing any recommenda11 tions made by the Commission.

12 (2) To bring attention to successful models and

13 programs in crime prevention and crime control.

14 (3) To reach out beyond the traditional criminal

15 justice community for ideas when developing the com16 prehensive crime control plan.

17 (4) To recommend improvements in the coordi18 nation of local, State, Federal, and international bor19 der crime control efforts.

20 (5) To make a comprehensive study of the eco21 nomic and social factors leading to or contributing to

22 crime and specific proposals for legislative and ad23 ministrative actions to reduce crime and the elements

24 that contribute to it.
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1 (6) To recommend means of targeting finite cor2 rectional facility space and resources to the most seri3 ous and violent offenders, with the goal of achieving

4 the most cost-effective possible crime control and pro5 tection of the community and public safety, with par6 ticular emphasis on examining the issue of possible

7 disproportionate incarceration rates among black

8 males and any other minority group disproportion9 ately represented in State and Federal correctional

10 populations, and to consider increased use of alter11 natives to incarceration which offer a reasonable pros12 pect of equal or better crime control at equal or less

13 cost.

14 SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.

15 The commission shall be responsible for the following:

16 (1) Reviewing the effectiveness of traditional

17 criminal justice approaches in preventing and con18 trolling crime and violence.

19 (2) Examining the impact that changes to state

20 and Federal law have had in controlling crime and

21 violence.

22 (3) Examining the impact of changes in Federal

23 immigration laws and policies and increased develop24 ment and growth along United States international
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1 borders on crime and violence in the United States,

2 particularly among our Nation’s youth.

3 (4) Examining the problem of youth gangs and

4 provide recommendations as to how to reduce youth

5 involvement in violent crime.

6 (5) Examining the extent to which assault weap7 ons and high power firearms have contributed to vio8 lence and murder in America.

9 (6) Convening field hearings in various regions

10 of the country to receive testimony from a cross sec11 tion of criminal justice professionals, business leaders,

12 elected officials, medical doctors, and other citizens

13 that wish to participate.

14 (7) Reviewing all segments of our criminal jus15 tice system, including the law enforcement, prosecu16 tion, defense, judicial, corrections components in de17 veloping the crime control plan.

18 Subtitle B—National Commission

19 to Study the Causes of the De20 mand for Drugs in the United

21 States

22 SEC. 1711. SHORT TITLE.

23 This subtitle may be cited as the ‘‘National Commis24 sion to Study the Causes of the Demand for Drugs in the

25 United States’’.
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1 SEC. 1712. ESTABLISHMENT.

2 There is established a National Commission to Study

3 the Causes of the Demand for Drugs in the United States

4 (referred to in this subtitle as the ‘‘Commission’’).

5 SEC. 1713. DUTIES.

6 (a) IN GENERAL.—The Commission shall—

7 (1) examine the root causes of illicit drug use

8 and abuse in the United States, including by compil9 ing existing research regarding those root causes;

10 (2) evaluate the efforts being made to prevent

11 drug abuse;

12 (3) identify the existing gaps in drug abuse pol13 icy that result from the lack of attention to the root

14 causes of drug abuse;

15 (4) assess the needs of Government at all levels

16 for resources and policies for reducing the overall de17 sire of individuals to experiment with and abuse il18 licit drugs; and

19 (5) make recommendations regarding necessary

20 improvements in policies for reducing the use of illicit

21 drugs in the United States.

22 (b) EXAMINATION.—Matters examined by the Commis23 sion under this section shall include the following:

24 (1) CHARACTERISTICS.—The characteristics of

25 potential illicit drug users and abusers or drug traf-
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1 fickers, including age and social, economic, and edu2 cational backgrounds.

3 (2) ENVIRONMENT.—Environmental factors that

4 contribute to illicit drug use and abuse, including the

5 correlation between unemployment, poverty, and

6 homelessness on drug experimentation and abuse.

7 (3) ASSOCIATIONS AND SOCIAL RELATION8 SHIPS.—The effects of substance use and abuse by a

9 relative or friend in contributing to the likelihood and

10 desire of an individual to experiment with illicit

11 drugs.

12 (4) CULTURE.—Aspects of, and changes in, phil13 osophical or religious beliefs, cultural values, attitudes

14 toward authority, status of basic social units (such as

15 families), and traditions that contribute to illicit

16 drug use and abuse.

17 (5) PHYSIOLOGICAL AND PSYCHOLOGICAL FAC18 TORS.—The physiological and psychological factors

19 that contribute to the desire for illicit drugs.

20 (6) EFFORTS OF GOVERNMENTS.—The current

21 status of Federal, State, and local efforts regarding

22 the causes of illicit drug use and abuse, including a

23 review of drug strategies being promoted by Federal,

24 State, and local authorities to address the causes of

25 illicit drug use and abuse.
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1 SEC. 1714. MEMBERSHIP.

2 (a) NUMBER AND APPOINTMENT.—

3 (1) IN GENERAL.—The Commission shall consist

4 of 15 members, as follows:

5 (A) PRESIDENT.—Four individuals ap6 pointed by the President, 2 of whom shall be

7 members of one major political party and 2 of

8 whom shall be members of another major politi9 cal party.

10 (B) SENATE.—Five individuals, 3 of whom

11 shall be appointed by the majority leader of the

12 Senate, after consultation with the chairman of

13 the Committee on the Judiciary of the Senate,

14 and 2 of whom shall be appointed by the minor15 ity leader of the Senate, after consultation with

16 the ranking minority member of the Committee

17 on the Judiciary of the Senate. At least 1 mem18 ber appointed under this paragraph shall be a

19 recovering drug user.

20 (C) HOUSE OF REPRESENTATIVES.—Five

21 individuals, 3 of whom shall be appointed jointly

22 by the Speaker and majority leader of the House

23 of Representatives and 2 of whom shall be ap24 pointed by the minority leader of the House of

25 Representatives. At least 1 member appointed
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1 under this paragraph shall be a recovering drug

2 abuser.

3 (D) MINORITY CONGRESSIONAL LEADER4 SHIP.—One individual appointed jointly by the

5 minority leader of the Senate and the minority

6 leader of the House of Representatives.

7 (2) GOALS IN MAKING APPOINTMENTS.—In ap8 pointing individuals as members of the Commission,

9 the President and the majority and minority leaders

10 of the House of Representatives and the Senate shall

11 seek to ensure that—

12 (A) the membership of the Commission re13 flects the racial, ethnic, and gender diversity of

14 the United States; and

15 (B) members are specially qualified to serve

16 on the Commission by reason of their education,

17 training, expertise, or experience in—

18 (i) sociology;

19 (ii) psychology;

20 (iii) law;

21 (iv) bio-medicine;

22 (v) addiction; and

23 (vi) ethnography and urban poverty,

24 including health care, housing, education,

25 and employment.
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1 (b) PROHIBITION AGAINST OFFICER OR EMPLOYEE.—

2 Each individual appointed under subsection (a) shall not

3 be an officer or employee of any government and shall be

4 qualified to serve the Commission by virtue of education,

5 training, or experience.

6 (c) DEADLINE FOR APPOINTMENT.—Members of the

7 Commission shall be appointed within 60 days after the

8 date of the enactment of this Act for the life of the Commis9 sion.

10 (d) MEETINGS.—The Commission shall have its head11 quarters in the District of Columbia, and shall meet at least

12 once each month for a business session that shall be con13 ducted by the Chairperson.

14 (e) QUORUM.—Seven members of the Commission shall

15 constitute a quorum, but a lesser number may hold hear16 ings.

17 (f) CHAIRPERSON AND VICE CHAIRPERSON.—No later

18 than 15 days after the members of the Commission are ap19 pointed, such members shall designate a Chairperson and

20 Vice Chairperson of the Commission.

21 (g) CONTINUATION OF MEMBERSHIP.—If a member of

22 the Commission later becomes an officer or employee of any

23 government, the individual may continue as a member

24 until a successor is appointed.
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1 (h) VACANCIES.—A vacancy in the Commission shall

2 be filled not later than 30 days after the Commission is

3 informed of the vacancy in the manner in which the origi4 nal appointment was made.

5 (i) COMPENSATION.—

6 (1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem7 bers of the Commission shall receive no additional

8 pay, allowances, or benefits by reason of their service

9 on the Commission.

10 (2) TRAVEL EXPENSES.—Each member of the

11 Commission shall receive travel expenses, including

12 per diem in lieu of subsistence, in accordance with

13 sections 5702 and 5703 of title 5, United States Code.

14 SEC. 1715. STAFF AND SUPPORT SERVICES.

15 (a) DIRECTOR.—The Chairperson shall appoint a di16 rector after consultation with the members of the Commis17 sion, who shall be paid the rate of basic pay for level V

18 of the Executive Schedule.

19 (b) STAFF.—With the approval of the Commission, the

20 director may appoint personnel as the director considers

21 appropriate.

22 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

23 staff of the Commission shall be appointed without regard

24 to the provisions of title 5, United States Code, governing

25 appointments in the competitive service, and shall be paid
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1 without regard to the provisions of chapter 51 and sub2 chapter III of chapter 53 of that title relating to classifica3 tion and General Schedule pay rates.

4 (d) EXPERTS AND CONSULTANTS.—With the approval

5 of the Commission, the director may procure temporary and

6 intermittent services under section 3109(b) of title 5, United

7 States Code.

8 (e) STAFF OF FEDERAL AGENCIES.—Upon the request

9 of the Commission, the head of any Federal agency may

10 detail, on a reimbursable basis, any of the personnel of that

11 agency to the Commission to assist in carrying out its du12 ties under this Act.

13 (f) OTHER RESOURCES.—The Commission shall have

14 reasonable access to materials, resources, statistical data,

15 and other information from the Library of Congress, as well

16 as agencies and elected representatives of the executive and

17 legislative branches of government. The Chairperson of the

18 Commission shall make requests in writing where nec19 essary.

20 (g) PHYSICAL FACILITIES.—The General Services Ad21 ministration shall find suitable office space for the oper22 ation of the Commission. The facilities shall serve as the

23 headquarters of the Commission and shall include all nec24 essary equipment and incidentals required for proper

25 functioning.
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1 SEC. 1716. POWERS OF COMMISSION.

2 (a) HEARINGS.—The Commission may conduct public

3 hearings or forums at its discretion, at any time and place

4 it is able to secure facilities and witnesses, for the purpose

5 of carrying out its duties.

6 (b) DELEGATION OF AUTHORITY.—Any member or

7 agent of the Commission may, if authorized by the Commis8 sion, take any action the Commission is authorized to take

9 by this section.

10 (c) INFORMATION.—The Commission may secure di11 rectly from any Federal agency information necessary to

12 enable it to carry out this Act. Upon request of the Chair13 person or Vice Chairperson of the Commission, the head of

14 a Federal agency shall furnish the information to the Com15 mission to the extent permitted by law.

16 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis17 sion may accept, use, and dispose of gifts, bequests, or de18 vices of services or property, both real and personal, for the

19 purpose of aiding or facilitating the work of the Commis20 sion. Gifts, bequests, or devises of money and proceeds from

21 sales of other property received as gifts, bequests, or devices

22 shall be deposited in the Treasury and shall be available

23 for disbursement upon order of the Commission.

24 (e) MAILS.—The Commission may use the United

25 States mails in the same manner and under the same condi26 tions as other Federal agencies.
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1 SEC. 1717. REPORTS.

2 (a) MONTHLY REPORTS.—The Commission shall sub3 mit monthly activity reports to the President and the Con4 gress.

5 (b) REPORTS.—

6 (1) INTERIM REPORT.—The Commission shall

7 submit an interim report to the President and the

8 Congress not later than 1 year before the termination

9 of the Commission. The interim report shall contain

10 a detailed statement of the findings and conclusions

11 of the Commission, together with its recommendations

12 for legislative and administrative action based on the

13 Commission’s activities to date. A strategy for dis14 seminating the report to Federal, State, and local au15 thorities shall be formulated and submitted with the

16 formal presentation of the report to the President and

17 the Congress.

18 (2) FINAL REPORT.—Not later than the date of

19 the termination of the Commission, the Commission

20 shall submit to the Congress and the President a final

21 report with a detailed statement of final findings,

22 conclusions, and recommendations, including an as23 sessment of the extent to which recommendations of

24 the Commission included in the interim report under

25 paragraph (1) have been implemented.
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1 (c) PRINTING AND PUBLIC DISTRIBUTION.—Upon re2 ceipt of each report of the Commission under this section,

3 the President shall—

4 (1) order the report to be printed; and

5 (2) make the report available to the public upon

6 request.

7 SEC. 1718. TERMINATION.

8 The Commission shall terminate on the date which is

9 2 years after the Members of the Commission have met and

10 designated a Chairperson and Vice Chairperson.

11 Subtitle C—National Commission

12 to Support Law Enforcement

13 SEC. 1721. SHORT TITLE.

14 This subtitle may be cited as the ‘‘National Commis15 sion to Support Law Enforcement Act’’.

16 SEC. 1722. CONGRESSIONAL FINDINGS.

17 The Congress finds that—

18 (1) law enforcement officers risk their lives daily

19 to protect citizens, for modest rewards and too little

20 recognition;

21 (2) a significant shift has occurred in the prob22 lems that law enforcement officers face without a cor23 responding change in the support from the Federal

24 Government;
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1 (3) law enforcement officers are on the front line

2 in the war against drugs and crime;

3 (4) the rate of violent crime continues to increase

4 along with the increase in drug use;

5 (5) a large percentage of individuals arrested test

6 positive for drug usage;

7 (6) the Presidential Commission on Law En8 forcement and the Administration of Justice of 1965

9 focused attention on many issues affecting law en10 forcement, and a review twenty-five years later would

11 help to evaluate current problems, including drug-re12 lated crime, violence, racial conflict, and decreased

13 funding; and

14 (7) a comprehensive study of law enforcement is15 sues, including the role of the Federal Government in

16 supporting law enforcement officers, working condi17 tions, and responsibility for crime control would as18 sist in redefining the relationships between the Fed19 eral Government, the public, and law enforcement of20 ficials.

21 SEC. 1723. ESTABLISHMENT.

22 There is established a national commission to be

23 known as the ‘‘National Commission to Support Law En24 forcement’’ (referred to in this subtitle as the ‘‘Commis25 sion’’).
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1 SEC. 1724. DUTIES.

2 (a) IN GENERAL. —The Commission shall study and

3 recommend changes regarding law enforcement agencies

4 and law enforcement issues on the Federal, State, and local

5 levels, including the following:

6 (1) FUNDING.—The sufficiency of funding, in7 cluding a review of grant programs at the Federal

8 level.

9 (2) EMPLOYMENT.—The conditions of law en10 forcement employment.

11 (3) INFORMATION.—The effectiveness of informa12 tion-sharing systems, intelligence, infrastructure, and

13 procedures among law enforcement agencies of Fed14 eral, State, and local governments.

15 (4) RESEARCH AND TRAINING.—The status of

16 law enforcement research and education and training.

17 (5) EQUIPMENT AND RESOURCES.—The ade18 quacy of equipment, physical resources, and human

19 resources.

20 (6) COOPERATION.—The cooperation among Fed21 eral, State, and local law enforcement agencies.

22 (7) RESPONSIBILITY.—The responsibility of gov23 ernments and law enforcement agencies in solving the

24 crime problem.
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1 (8) IMPACT.—The impact of the criminal justice

2 system, including court schedules and prison over3 crowding, on law enforcement.

4 (b) CONSULTATION.—The Commission shall conduct

5 surveys and consult with focus groups of law enforcement

6 officers, local officials, and community leaders across the

7 Nation to obtain information and seek advice on important

8 law enforcement issues.

9 SEC. 1725. MEMBERSHIP.

10 (a) NUMBER AND APPOINTMENT.—The Commission

11 shall be composed of 29 members as follows:

12 (1) 9 individuals from national law enforcement

13 organizations representing law enforcement officers, of

14 whom—

15 (A) 2 shall be appointed by the Speaker of

16 the House of Representatives;

17 (B) 2 shall be appointed by the majority

18 leader of the Senate;

19 (C) 2 shall be appointed by the minority

20 leader of the House of Representatives;

21 (D) 2 shall be appointed by the minority

22 leader of the Senate; and

23 (E) 1 shall be appointed by the President.
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1 (2) 9 individuals from national law enforcement

2 organizations representing law enforcement manage3 ment, of whom—

4 (A) 2 shall be appointed by the Speaker of

5 the House of Representatives;

6 (B) 2 shall be appointed by the majority

7 leader of the Senate;

8 (C) 2 shall be appointed by the minority

9 leader of the House of Representatives;

10 (D) 2 shall be appointed by the minority

11 leader of the Senate; and

12 (E) 1 shall be appointed by the President.

13 (3) 2 individuals with academic expertise re14 garding law enforcement issues, of whom—

15 (A) 1 shall be appointed by the Speaker of

16 the House of Representatives and the majority

17 leader of the Senate.

18 (B) 1 shall be appointed by the minority

19 leader of the Senate and the minority leader of

20 the House of Representatives.

21 (4) 2 Members of the House of Representatives,

22 appointed by the Speaker and the minority leader of

23 the House of Representatives.

24 (5) 2 Members of the Senate, appointed by the

25 majority leader and the minority leader of the Senate.
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1 (6) 1 individual from the Department of Justice,

2 appointed by the President.

3 (7) 2 individuals representing a State or local

4 governmental entity, such as a Governor, mayor, or

5 State Attorney General, to be appointed jointly by the

6 majority leader and the minority leader of the Senate.

7 (8) 2 individuals representing a State or local

8 governmental entity, such as a Governor, mayor, or

9 State Attorney General, to be appointed jointly by the

10 Speaker and the minority leader of the House of Rep11 resentatives.

12 (b) COMPTROLLER GENERAL.—The Comptroller Gen13 eral shall serve in an advisory capacity and shall oversee

14 the methodology and approach of the Commission’s study.

15 (c) CHAIRPERSON.—Upon their appointment the

16 members of the Commission shall select one of their number

17 to act as chairperson.

18 (d) COMPENSATION.—

19 (1) IN GENERAL.—Members of the Commission

20 shall receive no additional pay, allowance, or benefit

21 by reason of service on the Commission.

22 (2) TRAVEL EXPENSES.—Each member of the

23 Commission shall receive travel expenses, including

24 per diem in lieu of subsistence, in accordance with

25 sections 5702 and 5703 of title 5, United States Code.
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1 (e) APPOINTMENT DATES.—Members of the Commis2 sion shall be appointed no later than 90 days after the en3 actment of this Act.

4 SEC. 1726. EXPERTS AND CONSULTANTS.

5 (a) EXPERTS AND CONSULTANTS.—The Commission

6 may procure temporary and intermittent services under

7 section 3109(b) of title 5, United States Code.

8 (b) STAFF OF FEDERAL AGENCIES.—Upon request of

9 the Commission, the head of any Federal agency is author10 ized to detail, on a reimbursable basis, any of the personnel

11 of that agency to the Commission to assist the Commission

12 in carrying out its duties under this title.

13 (c) ADMINISTRATIVE SUPPORT.—The Administrator of

14 General Services shall provide to the Commission, on a re15 imbursable basis, administrative support services as the

16 Commission may request.

17 SEC. 1727. POWERS OF COMMISSION.

18 (a) HEARINGS.—The Commission may, for purposes

19 of this title, hold hearings, sit and act at the times and

20 places, take testimony, and receive evidence, as the Commis21 sion considers appropriate.

22 (b) DELEGATION OF AUTHORITY.—Any member or

23 agent of the Commission may, if authorized by the Commis24 sion, take any action the Commission is authorized to take

25 by this section.
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1 (c) INFORMATION.—The Commission may secure di2 rectly from any Federal agency information necessary to

3 enable it to carry out this title. Upon request of the chair4 person of the Commission, the head of an agency shall fur5 nish the information to the Commission to the extent per6 mitted by law.

7 (d) GIFTS AND DONATIONS.—The Commission may

8 accept, use, and dispose of gifts or donations of services or

9 property.

10 (e) MAILS.—The Commission may use the United

11 States mails in the same manner and under the same condi12 tions as other Federal agencies.

13 SEC. 1728. REPORT.

14 Not later than the expiration of the eighteen-month pe15 riod beginning on the date of the appointment of the mem16 bers of the Commission, a report containing the findings

17 of the Commission and specific proposals for legislation and

18 administrative actions that the Commission has determined

19 to be appropriate shall be submitted to Congress.

20 SEC. 1729. TERMINATION.

21 The Commission shall cease to exist upon the expira22 tion of the 60-day period beginning on the date on which

23 the Commission submits its report under section 1738.
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1 SEC. 1730. REPEALS.

2 Title XXXIV of the Crime Control Act of 1990 (Public

3 Law 101–647; 104 Stat. 4918) and title II, section 211B

4 of the Departments of Commerce, Justice, and State, the

5 Judiciary, and Related Agencies Appropriations Act, 1991

6 (Public Law 101–515; 104 Stat. 2122) are repealed.

7 Subtitle D—Presidential Summit on

8 Violence

9 SEC. 1731. CONGRESSIONAL FINDINGS.

10 The Congress finds that—

11 (1) violence in America has reached epidemic

12 proportions;

13 (2) this epidemic reaches into communities large

14 and small, affects the richest and the poorest among

15 us, touches people of every ethnic and economic back16 ground, and affects all institutions, both public and

17 private;

18 (3) actual violence and depictions of violence are

19 so pervasive that they have an enormous impact on

20 the lives and character of our children;

21 (4) every person, group, and institution in

22 America has a role to play in ending the epidemic of

23 violence; and

24 (5) we need a national conference in order to de25 velop a shared understanding of the causes of violence
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1 in America and to build a national consensus on the

2 solutions to this epidemic.

3 SEC. 1732. PRESIDENTIAL SUMMIT ON VIOLENCE.

4 Congress calls on the President to convene as soon as

5 possible a national summit on violence in America. The

6 President is urged to include participants from all regions

7 of the country and all walks of life, both public and private.

8 Subtitle E—Commission on Violence

9 in Schools

10 SEC. 1741. ESTABLISHMENT SCHOOLS.

11 There is established, subject to appropriations, a com12 mission to be known as the ‘‘National Commission on Vio13 lence in America’s Schools’’ (referred to in this subtitle as

14 the ‘‘Commission’’).

15 SEC. 1742. PURPOSES.

16 The purposes of the Commission are—

17 (1) to develop comprehensive and effective rec18 ommendations to combat the national problem of na19 tional scale and prepare a report including an esti20 mated cost for implementing any recommendations

21 made by the Commission;

22 (2) to study the complexities, scope, nature, and

23 causes of violence in the Nation’s schools;

24 (3) to being attention to successful models and

25 programs in violence prevention and control;
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1 (4) to recommend improvements in the coordina2 tion of local, State, and Federal agencies in the areas

3 of violence in schools prevention; and

4 (5) to make a comprehensive study of the eco5 nomic and social factors leading to or contributing to

6 violence in schools and specific proposals for legisla7 tive and administrative actions to reduce violence and

8 the elements that contribute to it.

9 SEC. 1743. DUTIES.

10 The Commission shall—

11 (1) define the causes of violence in schools;

12 (2) define the scope of the national problem of vi13 olence in schools;

14 (3) provide statistics and data on the problem of

15 violence in schools on a State-by-State basis;

16 (4) investigate the problem of youth gangs and

17 their relation to violence in schools and provide rec18 ommendations as to how to reduce youth involvement

19 in violent crime in schools;

20 (5) examine the extent to which weapons and

21 firearms in schools have contributed to violence and

22 murder in schools;

23 (6) explore the extent to which the school envi24 ronment has contributed to violence in schools; and
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1 (7) review the effectiveness of current approaches

2 in preventing violence in schools.

3 SEC. 1744. MEMBERSHIP.

4 (a) NUMBER AND APPOINTMENT.—

5 (1) IN GENERAL.—The Commission shall consist

6 of 22 members, as follows:

7 (A) PRESIDENT.—Two persons appointed

8 by the President.

9 (B) SENATE.—Five persons appointed by

10 the majority leader of the Senate and five per11 sons appointed by the minority leader of the

12 Senate.

13 (C) HOUSE OF REPRESENTATIVES.—Five

14 persons appointed by the Speaker of the House

15 of Representatives, and five persons appointed by

16 the minority leader of the House of Representa17 tives.

18 (2) GOALS IN MAKING APPOINTMENTS.—In ap19 pointing individuals as members of the Commission,

20 the President and the majority and minority leaders

21 of the House of Representatives and the Senate shall

22 seek to ensure that—

23 (A) the membership of the Commission re24 flects the racial, ethnic, and gender diversity of

25 the United States; and
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1 (B) members are specially qualified to serve

2 on the Commission by reason of their education,

3 training, expertise, or experience in—

4 (i) sociology;

5 (ii) psychology;

6 (iii) law;

7 (iv) law enforcement; and

8 (v) ethnography and urban poverty,

9 including health care, housing, education,

10 and employment.

11 (b) DEADLINE FOR APPOINTMENT.—Members of the

12 Commission shall be appointed within 60 days after the

13 date of the enactment of this Act for the life of the Commis14 sion.

15 (c) MEETINGS.—The Commission shall have its head16 quarters in the District of Columbia, and shall meet at least

17 once each month for a business session that shall be con18 ducted by the Chairperson.

19 (d) QUORUM.—Thirteen members of the Commission

20 shall constitute a quorum, but a lesser number may hold

21 hearings.

22 (e) CHAIRPERSON AND VICE CHAIRPERSON.—No later

23 than 15 days after the members of the Commission are ap24 pointed, such members shall designate a Chairperson and

25 Vice Chairperson of the Commission.
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1 (f) CONTINUATION OF MEMBERSHIP.—If a member of

2 the Commission later becomes an officer or employee of any

3 government, the individual may continue as a member

4 until a successor is appointed.

5 (g) VACANCIES.—A vacancy in the Commission shall

6 be filled not later than 30 days after the Commission is

7 informed of the vacancy in the manner in which the origi8 nal appointment was made.

9 (h) COMPENSATION.—

10 (1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem11 bers of the Commission shall receive no additional

12 pay, allowances, or benefits by reason of their service

13 on the Commission.

14 (2) TRAVEL EXPENSES.—Each member of the

15 Commission shall receive travel expenses, including

16 per diem in lieu of subsistence, in accordance with

17 sections 5702 and 5703 of title 5, United States Code.

18 SEC. 1745. STAFF AND SUPPORT SERVICES.

19 (a) DIRECTOR.—The Chairperson shall appoint a di20 rector after consultation with the members of the Commis21 sion, who shall be paid the rate of basic pay for level V

22 of the Executive Schedule.

23 (b) STAFF.—With the approval of the Commission, the

24 director may appoint personnel as the director considers

25 appropriate.
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1 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

2 staff of the Commission shall be appointed without regard

3 to the provisions of title 5, United States Code, governing

4 appointments in the competitive service, and shall be paid

5 without regard to the provisions of chapter 51 and sub6 chapter III of chapter 53 of that title relating to classifica7 tion and General Schedule pay rates.

8 (d) EXPERTS AND CONSULTANTS.—With the approval

9 of the Commission, the director may procure temporary and

10 intermittent services under section 3109(b) of title 5, United

11 States Code.

12 (e) STAFF OF FEDERAL AGENCIES.—Upon the request

13 of the Commission, the head of any Federal agency may

14 detail, on a reimbursable basis, any of the personnel of that

15 agency to the Commission to assist in carrying out its du16 ties under this Act.

17 (f) OTHER RESOURCES.—The Commission shall have

18 reasonable access to materials, resources, statistical data,

19 and other information from the Library of Congress, as well

20 as agencies and elected representatives of the executive and

21 legislative branches of government. The Chairperson of the

22 Commission shall make requests in writing where nec23 essary.

24 (g) PHYSICAL FACILITIES.—The General Services Ad25 ministration shall find suitable office space for the oper-
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1 ation of the Commission. The facilities shall serve as the

2 headquarters of the Commission and shall include all nec3 essary equipment and incidentals required for proper func4 tioning.

5 SEC. 1746. POWERS OF COMMISSION.

6 (a) HEARINGS.—The Commission may conduct public

7 hearings or forums at its discretion, at any time and place

8 it is able to secure facilities and witnesses, for the purpose

9 of carrying out its duties.

10 (b) DELEGATION OF AUTHORITY.—Any member or

11 agent of the Commission may, if authorized by the Commis12 sion, take any action the Commission is authorized to take

13 by this section.

14 (c) INFORMATION.—The Commission may secure di15 rectly from any Federal agency information necessary to

16 enable it to carry out this Act. Upon request of the Chair17 person or Vice Chairperson of the Commission, the head of

18 a Federal agency shall furnish the information to the Com19 mission to the extent permitted by law.

20 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis21 sion may accept, use, and dispose of gifts, bequests, or de22 vices of services or property, both real and personal, for the

23 purpose of aiding or facilitating the work of the Commis24 sion. Gifts, bequests, or devises of money and proceeds from

25 sales of other property received as gifts, bequests, or devices
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1 shall be deposited in the Treasury and shall be available

2 for disbursement upon order of the Commission.

3 (e) MAILS.—The Commission may use the United

4 States mails in the same manner and under the same condi5 tions as other Federal agencies.

6 SEC. 1747. REPORTS.

7 (a) MONTHLY REPORTS.—The Commission shall sub8 mit monthly activity reports to the President and the Con9 gress.

10 (b) REPORTS.—

11 (1) INTERIM REPORT.—The Commission shall

12 submit an interim report to the President and the

13 Congress not later than 1 years before the termination

14 of the Commission. The interim report shall contain

15 a detailed statement of the findings and conclusions

16 of the Commission, together with its recommendations

17 for legislative and administrative action based on the

18 Commission’s activities to date. A strategy for dis19 seminating the report to Federal, State, and local au20 thorities shall be formulated and submitted with the

21 formal presentation of the report to the President and

22 the Congress.

23 (2) FINAL REPORT.—Not later than the date of

24 the termination of the Commission, the Commission

25 shall submit to the Congress and the President a final
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1 report with a detailed statement of final findings,

2 conclusions, and recommendations, including an as3 sessment of the extent to which recommendations of

4 the Commission included in the interim report under

5 paragraph (1) have been implemented.

6 (c) PRINTING AND PUBLIC DISTRIBUTION.—Upon re7 ceipt of each report of the Commission under this section,

8 the President shall—

9 (1) order the report to be printed; and

10 (2) make the report available to the public upon

11 request.

12 SEC. 1748. TERMINATION.

13 The Commission shall terminate on the date which is

14 2 years after the members of the Commission have met and

15 designated a Chairperson and Vice Chairperson.

16 SEC. 1749. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorizedto be appropriated such sums as

18 are necessary to enable the Commission to carry out its du19 ties under this subtitle.

20 TITLE XVIII—BAIL POSTING

21 REPORTING

22 SEC. 1801. SHORT TITLE.

23 This title may be cited as the ‘‘Illegal Drug Profits

24 Act of 1993’’.
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1 SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT

2 CLERKS.

3 (a) IN GENERAL.—Each clerk of a Federal or State

4 criminal court shall report to the Internal Revenue Service,

5 in a form and manner as prescribed by the Secretary of

6 the Treasury, the name and taxpayer identification number

7 of—

8 (1) any individual charged with any criminal

9 offense who posts cash bail, or on whose behalf cash

10 bail is posted, in an amount exceeding $10,000; and

11 (2) any individual or entity (other than a li12 censed bail bonding individual or entity) posting such

13 cash bail for or on behalf of such individual.

14 (b) CRIMINAL OFFENSES.—For purposes of subsection

15 (a), the term ‘‘criminal offense’’ means—

16 (1) any Federal criminal offense involving a

17 controlled substance;

18 (2) racketeering (as defined in section 1951,

19 1952, or 1955 of title 18, United States Code);

20 (3) money laundering (as defined in section

21 1956 or 1957 of title 18, United States Code); and

22 (4) any violation of State criminal law involv23 ing an offense substantially similar to an offense de24 scribed in paragraph (1), (2), or (3).
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1 (c) COPY TO PROSECUTORS.—Each clerk shall submit

2 a copy of each report of cash bail described in subsection

3 (a) to—

4 (1) the office of the United States Attorney; and

5 (2) the office of the local prosecuting attorney,

6 for the jurisdiction in which the defendant resides

7 (and the jurisdiction in which the criminal offense oc8 curred, if different).

9 (d) REGULATIONS.—The Secretary of the Treasury

10 shall promulgate such regulations as are necessary within

11 90 days of the date of enactment of this Act.

12 (e) EFFECTIVE DATE.—This section shall become effec13 tive 60 days on the date of the promulgation of regulations

14 under subsection (d).

15 TITLE XIX—MOTOR VEHICLE

16 THEFT PREVENTION

17 SEC. 1901. SHORT TITLE.

18 This title may be cited as the ‘‘Motor Vehicle Theft Pre19 vention Act’’.

20 SEC. 1902. MOTOR VEHICLE THEFT PREVENTION PROGRAM.

21 (a) IN GENERAL.—Not later than 180 days after the

22 date of enactment of this section, the Attorney General shall

23 develop, in cooperation with the States, a national vol24 untary motor vehicle theft prevention program (in this sec25 tion referred to as the ‘‘program’’) under which—
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1 (1) the owner of a motor vehicle may voluntarily

2 sign a consent form with a participating State or lo3 cality in which the motor vehicle owner—

4 (A) states that the vehicle is not normally

5 operated under certain specified conditions; and

6 (B) agrees to—

7 (i) display program decals or devices

8 on the owner’s vehicle; and

9 (ii) permit law enforcement officials in

10 any State to stop the motor vehicle and take

11 reasonable steps to determine whether the

12 vehicle is being operated by or with the per13 mission of the owner, if the vehicle is being

14 operated under the specified conditions; and

15 (2) participating States and localities authorize

16 law enforcement officials in the State or locality to

17 stop motor vehicles displaying program decals or de18 vices under specified conditions and take reasonable

19 steps to determine whether the vehicle is being oper20 ated by or with the permission of the owner.

21 (b) UNIFORM DECAL OR DEVICE DESIGNS.—

22 (1) IN GENERAL.—The motor vehicle theft pre23 vention program developed pursuant to this section

24 shall include a uniform design or designs for decals
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1 or other devices to be displayed by motor vehicles par2 ticipating in the program.

3 (2) TYPE OF DESIGN.—The uniform design

4 shall—

5 (A) be highly visible; and

6 (B) explicitly state that the motor vehicle to

7 which it is affixed may be stopped under the

8 specified conditions without additional grounds

9 for establishing a reasonable suspicion that the

10 vehicle is being operated unlawfully.

11 (c) VOLUNTARY CONSENT FORM.—The voluntary con12 sent form used to enroll in the program shall—

13 (1) clearly state that participation in the pro14 gram is voluntary;

15 (2) clearly explain that participation in the pro16 gram means that, if the participating vehicle is being

17 operated under the specified conditions, law enforce18 ment officials may stop the vehicle and take reason19 able steps to determine whether it is being operated

20 by or with the consent of the owner, even if the law

21 enforcement officials have no other basis for believing

22 that the vehicle is being operated unlawfully;

23 (3) include an express statement that the vehicle

24 is not normally operated under the specified condi25 tions and that the operation of the vehicle under those
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1 conditions would provide sufficient grounds for a pru2 dent law enforcement officer to reasonably believe that

3 the vehicle was not being operated by or with the con4 sent of the owner; and

5 (4) include any additional information that the

6 Attorney General may reasonably require.

7 (d) SPECIFIED CONDITIONS UNDER WHICH STOPS

8 MAY BE AUTHORIZED.—

9 (1) IN GENERAL.—The Attorney General shall

10 promulgate rules establishing the conditions under

11 which participating motor vehicles may be authorized

12 to be stopped under this section. These conditions may

13 not be based on race, creed, color, national origin,

14 gender, or age. These conditions may include—

15 (A) the operation of the vehicle during cer16 tain hours of the day; or

17 (B) the operation of the vehicle under other

18 circumstances that would provide a sufficient

19 basis for establishing a reasonable suspicion that

20 the vehicle was not being operated by the owner,

21 or with the consent of the owner.

22 (2) MORE THAN ONE SET OF CONDITIONS.—The

23 Attorney General may establish more than one set of

24 conditions under which participating motor vehicles

25 may be stopped. If more than one set of conditions is
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1 established, a separate consent form and a separate

2 design for program decals or devices shall be estab3 lished for each set of conditions. The Attorney General

4 may choose to satisfy the requirement of a separate

5 design for program decals or devices under this para6 graph by the use of a design color that is clearly dis7 tinguishable from other design colors.

8 (3) NO NEW CONDITIONS WITHOUT CONSENT.—

9 After the program has begun, the conditions under

10 which a vehicle may be stopped if affixed with a cer11 tain decal or device design may not be expanded

12 without the consent of the owner.

13 (4) LIMITED PARTICIPATION BY STATES AND LO14 CALITIES.—A State or locality need not authorize the

15 stopping of motor vehicles under all sets of conditions

16 specified under the program in order to participate in

17 the program.

18 (e) MOTOR VEHICLES FOR HIRE.—

19 (1) NOTIFICATION TO LESSEES.—Any person

20 who is in the business of renting or leasing motor ve21 hicles and who rents or leases a motor vehicle on

22 which a program decal or device is affixed shall, prior

23 to transferring possession of the vehicle, notify the

24 person to whom the motor vehicle is rented or leased

25 about the program.
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1 (2) TYPE OF NOTICE.—The notice required by

2 this subsection shall—

3 (A) be in writing;

4 (B) be in a prominent format to be deter5 mined by the Attorney General; and

6 (C) explain the possibility that if the motor

7 vehicle is operated under the specified conditions,

8 the vehicle may be stopped by law enforcement

9 officials even if the officials have no other basis

10 for believing that the vehicle is being operated

11 unlawfully.

12 (3) FINE FOR FAILURE TO PROVIDE NOTICE.—

13 Failure to provide proper notice under this subsection

14 shall be punishable by a fine not to exceed $5,000.

15 (f) NOTIFICATION OF POLICE.—As a condition of par16 ticipating in the program, a State or locality must agree

17 to take reasonable steps to ensure that law enforcement offi18 cials throughout the State or locality are familiar with the

19 program, and with the conditions under which motor vehi20 cles may be stopped under the program.

21 (g) REGULATIONS.—The Attorney General shall pro22 mulgate regulations to implement this section.

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized such sums as are necessary to carry out this sec25 tion.
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1 SEC. 1903. ALTERING OR REMOVING MOTOR VEHICLE IDEN2 TIFICATION NUMBERS.

3 (a) BASIC OFFENSE.—Subsection (a) of section 511 of

4 title 18, United States Code, is amended to read as follows:

5 ‘‘(a) A person who—

6 ‘‘(1) knowingly removes, obliterates, tampers

7 with, or alters an identification number for a motor

8 vehicle or motor vehicle part; or

9 ‘‘(2) with intent to further the theft of a motor

10 vehicle, knowingly removes, obliterates, tampers with,

11 or alters a decal or device affixed to a motor vehicle

12 pursuant to the Motor Vehicle Theft Prevention Act,

13 shall be fined under this title, imprisoned not more than

14 5 years, or both.’’.

15 (b) EXCEPTED PERSONS.—Paragraph (2) of section

16 511(b) of title 18, United States Code, is amended—

17 (1) by striking ‘‘and’’ after the semicolon in sub18 paragraph (B);

19 (2) by striking the period at the end of subpara20 graph (C) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(D) a person who removes, obliterates,

24 tampers with, or alters a decal or device affixed

25 to a motor vehicle pursuant to the Motor Vehicle

26 Theft Prevention Act, if that person is the owner
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1 of the motor vehicle, or is authorized to remove,

2 obliterate, tamper with or alter the decal or de3 vice by—

4 ‘‘(i) the owner or his authorized agent;

5 ‘‘(ii) applicable State or local law; or

6 ‘‘(iii) regulations promulgated by the

7 Attorney General to implement the Motor

8 Vehicle Theft Prevention Act.’’.

9 (c) DEFINITION.—Section 511 of title 18, United

10 States Code, is amended by adding at the end thereof the

11 following:

12 ‘‘(d) For purposes of subsection (a) of this section, the

13 term ‘tampers with’ includes covering a program decal or

14 device affixed to a motor vehicle pursuant to the Motor Ve15 hicle Theft Prevention Act for the purpose of obstructing

16 its visibility.’’.

17 (d) UNAUTHORIZED APPLICATION OF A DECAL OR DE18 VICE.—

19 (1) IN GENERAL.—Chapter 25 of title 18, United

20 States Code, is amended by adding after section 511

21 the following new section:

22 ‘‘§ 511A. Unauthorized application of theft prevention

23 decal or device

24 ‘‘(a) Whoever affixes to a motor vehicle a theft preven25 tion decal or other device, or a replica thereof, unless au-
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1 thorized to do so pursuant to the Motor Vehicle Theft Pre2 vention Act, shall be punished by a fine not to exceed

3 $1,000.

4 ‘‘(b) For purposes of this section, the term ‘theft pre5 vention decal or device’ means a decal or other device de6 signed in accordance with a uniform design for such devices

7 developed pursuant to the Motor Vehicle Theft Prevention

8 Act.’’.

9 (2) TECHNICAL AMENDMENT.—The chapter anal10 ysis for chapter 25 of title 18, United States Code, is

11 amended by adding after the item relating to section

12 511 the following new item:

‘‘511A. Unauthorized application of theft prevention decal or device.’’.

13 TITLE XX—PROTECTIONS FOR

14 THE ELDERLY

15 SEC. 2001. MISSING ALZHEIMER’S DISEASE PATIENT ALERT

16 PROGRAM.

17 (a) GRANT.—The Attorney General shall, subject to the

18 availability of appropriations, award a grant to an eligible

19 organization to assist the organization in paying for the

20 costs of planning, designing, establishing, and operating a

21 Missing Alzheimer’s Disease Patient Alert Program, which

22 shall be a locally based, proactive program to protect and

23 locate missing patients with Alzheimer’s disease and related

24 dementias.
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1 (b) APPLICATION.—To be eligible to receive a grant

2 under subsection (a), an organization shall submit an ap3 plication to the Attorney General at such time, in such

4 manner, and containing such information as the Attorney

5 General may require, including, at a minimum, an assur6 ance that the organization will obtain and use assistance

7 from private nonprofit organizations to support the pro8 gram.

9 (c) ELIGIBLE ORGANIZATION.—The Attorney General

10 shall award the grant described in subsection (a) to a na11 tional voluntary organization that has a direct link to pa12 tients, and families of patients, with Alzheimer’s disease

13 and related dementias.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to carry out this section

16 $1,000,000 for each of fiscal years 1995, 1996, and 1997.

17 SEC. 2002. CRIMES AGAINST THE ELDERLY.

18 (a) IN GENERAL.—Pursuant to its authority under the

19 Sentencing Reform Act of 1984 and section 21 of the Sen20 tencing Act of 1987 (including its authority to amend the

21 sentencing guidelines and policy statements) and its au22 thority to make such amendments on an emergency basis,

23 the United States Sentencing Commission shall ensure that

24 the applicable guideline range for a defendant convicted of

25 a crime of violence against an elderly victim is sufficiently
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1 stringent to deter such a crime, to protect the public from

2 additional crimes of such a defendant, and to adequately

3 reflect the heinous nature of such an offense.

4 (b) CRITERIA.—In carrying out subsection (a), the

5 United States Sentencing Commission shall ensure that—

6 (1) the guidelines provide for increasingly severe

7 punishment for a defendant commensurate with the

8 degree of physical harm caused to the elderly victim;

9 (2) the guidelines take appropriate account of the

10 vulnerability of the victim; and

11 (3) the guidelines provide enhanced punishment

12 for a defendant convicted of a crime of violence

13 against an elderly victim who has previously been

14 convicted of a crime of violence against an elderly

15 victim, regardless of whether the conviction occurred

16 in Federal or State court.

17 (c) DEFINITIONS.—In this section—

18 ‘‘crime of violence’’ means an offense under sec19 tion 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or

20 2244 of title 18, United States Code.

21 ‘‘elderly victim’’ means a victim who is 65 years

22 of age or older at the time of an offense.
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1 TITLE XXI—CONSUMER

2 PROTECTION

3 SEC. 2101. CRIMES BY OR AFFECTING PERSONS ENGAGED

4 IN THE BUSINESS OF INSURANCE WHOSE AC5 TIVITIES AFFECT INTERSTATE COMMERCE.

6 (a) IN GENERAL.—Chapter 47 of title 18, United

7 States Code, is amended by adding at the end the following

8 new sections:

9 ‘‘§ 1033. Crimes by or affecting persons engaged in the

10 business of insurance whose activities af11 fect interstate commerce

12 ‘‘(a)(1) Whoever is engaged in the business of insur13 ance whose activities affect interstate commerce and, with

14 the intent to deceive, knowingly makes any false material

15 statement or report or willfully and materially overvalues

16 any land, property or security—

17 ‘‘(A) in connection with any financial reports or

18 documents presented to any insurance regulatory offi19 cial or agency or an agent or examiner appointed by

20 such official or agency to examine the affairs of such

21 person, and

22 ‘‘(B) for the purpose of influencing the actions of

23 such official or agency or such an appointed agent or

24 examiner,

25 shall be punished as provided in paragraph (2).
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1 ‘‘(2) The punishment for an offense under paragraph

2 (1) is a fine as established under this title or imprisonment

3 for not more than 10 years, or both, except that the term

4 of imprisonment shall be not more than 15 years if the

5 statement or report or overvaluing of land, property, or se6 curity jeopardizes the safety and soundness of an insurer.

7 ‘‘(b)(1) Whoever—

8 ‘‘(A) acting as, or being an officer, director,

9 agent, or employee of, any person engaged in the busi10 ness of insurance whose activities affect interstate

11 commerce, or

12 ‘‘(B) is engaged in the business of insurance

13 whose activities affect interstate commerce or is in14 volved (other than as an insured or beneficiary under

15 a policy of insurance) in a transaction relating to the

16 conduct of affairs of such a business,

17 willfully embezzles, abstracts, purloins, or misappropriates

18 any of the moneys, funds, premiums, credits, or other prop19 erty of such person so engaged shall be punished as provided

20 in paragraph (2).

21 ‘‘(2) The punishment for an offense under paragraph

22 (1) is a fine as provided under this title or imprisonment

23 for not more than 10 years, or both, except that if such

24 embezzlement, abstraction, purloining, or misappropriation

25 described in paragraph (1) jeopardizes the safety and
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1 soundness of an insurer, such imprisonment shall be not

2 more than 15 years. If the amount or value so embezzled,

3 abstracted, purloined, or misappropriated does not exceed

4 $5,000, whoever violates paragraph (1) shall be fined as

5 provided in this title or imprisoned not more than one year,

6 or both.

7 ‘‘(c)(1) Whoever is engaged in the business of insurance

8 and whose activities affect interstate commerce or is in9 volved (other than as an insured or beneficiary under a pol10 icy of insurance) in a transaction relating to the conduct

11 of affairs of such a business, knowingly makes any false

12 entry of material fact in any book, report, or statement of

13 such person engaged in the business of insurance with in14 tent to—

15 ‘‘(A) deceive any person about the financial con16 dition or solvency of such business, or

17 ‘‘(B) deceive any officer, employee, or agent of

18 such person engaged in the business of insurance, any

19 insurance regulatory official or agency, or any agent

20 or examiner appointed by such official or agency to

21 examine the affairs of such person about the financial

22 condition or solvency of such business,

23 shall be punished as provided in paragraph (2).

24 ‘‘(2) The punishment for an offense under paragraph

25 (1) is a fine as provided under this title or imprisonment
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1 for not more than 10 years, or both, except that if the false

2 entry in any book, report, or statement of such person jeop3 ardizes the safety and soundness of an insurer, such impris4 onment shall be not more than 15 years.

5 ‘‘(d) Whoever, by threats or force or by any threatening

6 letter or communication, corruptly influences, obstructs, or

7 impedes or endeavors corruptly to influence, obstruct, or

8 impede the due and proper administration of the law under

9 which any proceeding involving the business of insurance

10 whose activities affect interstate commerce is pending before

11 any insurance regulatory official or agency or any agent

12 or examiner appointed by such official or agency to exam13 ine the affairs of a person engaged in the business of insur14 ance whose activities affect interstate commerce, shall be

15 fined as provided in this title or imprisoned not more than

16 10 years, or both.

17 ‘‘(e)(1)(A) Any individual who has been convicted of

18 any criminal felony involving dishonesty or a breach of

19 trust, or who has been convicted of an offense under this

20 section, and who willfully engages in the business of insur21 ance whose activities affect interstate commerce or partici22 pates in such business, shall be fined as provided in this

23 title or imprisoned not more than 5 years, or both.

24 ‘‘(B) Any individual who is engaged in the business

25 of insurance whose activities affect interstate commerce and
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1 who willfully permits the participation described in sub2 paragraph (A) shall be fined as provided in this title or

3 imprisoned not more than 5 years, or both.

4 ‘‘(2) A person described in paragraph (1)(A) may en5 gage in the business of insurance or participate in such

6 business if such person has the written consent of any insur7 ance regulatory official authorized to regulate the insurer,

8 which consent specifically refers to this subsection.

9 ‘‘(f) As used in this section—

10 ‘‘(1) the term ‘business of insurance’ means—

11 ‘‘(A) the writing of insurance, or

12 ‘‘(B) the reinsuring of risks,

13 by an insurer, including all acts necessary or inci14 dental to such writing or reinsuring and the activities

15 of persons who act as, or are, officers, directors,

16 agents, or employees of insurers or who are other per17 sons authorized to act on behalf of such persons;

18 ‘‘(2) the term ‘insurer’ means any entity the

19 business activity of which is the writing of insurance

20 or the reinsuring of risks or any receiver or similar

21 official or any liquidating agent for such an entity,

22 in his or her capacity as such, and includes any per23 son who acts as, or is, an officer, director, agent, or

24 employee of that business;

25 ‘‘(3) the term ‘interstate commerce’ means—
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1 ‘‘(A) commerce within the District of Co2 lumbia, or any territory or possession of the

3 United States;

4 ‘‘(B) all commerce between any point in the

5 State, territory, possession, or the District of Co6 lumbia and any point outside thereof;

7 ‘‘(C) all commerce between points within

8 the same State through any place outside such

9 State; or

10 ‘‘(D) all other commerce over which the

11 United States has jurisdiction; and

12 ‘‘(4) the term ‘State’ includes any State, the Dis13 trict of Columbia, the Commonwealth of Puerto Rico,

14 the Northern Mariana Islands, the Virgin Islands,

15 American Samoa, and the Trust Territory of the Pa16 cific Islands.

17 ‘‘§ 1034. Civil penalties and injunctions for violations

18 of section 1033

19 ‘‘(a) The Attorney General may bring a civil action

20 in the appropriate United States district court against any

21 person who engages in conduct constituting an offense

22 under section 1033 and, upon proof of such conduct by a

23 preponderance of the evidence, such person shall be subject

24 to a civil penalty of not more than $50,000 for each viola25 tion or the amount of compensation which the person re-
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1 ceived or offered for the prohibited conduct, whichever

2 amount is greater. If the offense has contributed to the deci3 sion of a court of appropriate jurisdiction to issue an order

4 directing the conservation, rehabilitation, or liquidation of

5 an insurer, such penalty shall be remitted to the regulatory

6 official for the benefit of the policyholders, claimants, and

7 creditors of such insurer. The imposition of a civil penalty

8 under this subsection does not preclude any other criminal

9 or civil statutory, common law, or administrative remedy,

10 which is available by law to the United States or any other

11 person.

12 ‘‘(b) If the Attorney General has reason to believe that

13 a person is engaged in conduct constituting an offense

14 under section 1033, the Attorney General may petition an

15 appropriate United States district court for an order pro16 hibiting that person from engaging in such conduct. The

17 court may issue an order prohibiting that person from en18 gaging in such conduct if the court finds that the conduct

19 constitutes such an offense. The filing of a petition under

20 this section does not preclude any other remedy which is

21 available by law to the United States or any other person.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 47 of title 18, United States Code, is amended

24 by adding at the end the following new items:

‘‘1033. Crimes by or affecting persons engaged in the business of insurance whose

activities affect interstate commerce.

‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.
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1 (c) MISCELLANEOUS AMENDMENTS TO TITLE 18,

2 UNITED STATES CODE.—

3 (1) TAMPERING WITH INSURANCE REGULATORY

4 PROCEEDINGS.—Section 1515(a)(1) of title 18, United

5 States Code, is amended—

6 (A) by striking ‘‘or’’ at the end of subpara7 graph (B);

8 (B) by inserting ‘‘or’’ at the end of subpara9 graph (C); and

10 (C) by adding at the end the following new

11 subparagraph:

12 ‘‘(D) a proceeding involving the business of

13 insurance whose activities affect interstate com14 merce before any insurance regulatory official or

15 agency or any agent or examiner appointed by

16 such official or agency to examine the affairs of

17 any person engaged in the business of insurance

18 whose activities affect interstate commerce;’’.

19 (2) LIMITATIONS.—Section 3293 of title 18,

20 United States Code, is amended by inserting ‘‘1033,’’

21 after ‘‘1014,’’.

22 (3) OBSTRUCTION OF CRIMINAL INVESTIGA23 TIONS.—Section 1510 of title 18, United States Code,

24 is amended by adding at the end the following new

25 subsection:
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1 ‘‘(d)(1) Whoever—

2 ‘‘(A) acting as, or being, an officer, director,

3 agent or employee of a person engaged in the business

4 of insurance whose activities affect interstate com5 merce, or

6 ‘‘(B) is engaged in the business of insurance

7 whose activities affect interstate commerce or is in8 volved (other than as an insured or beneficiary under

9 a policy of insurance) in a transaction relating to the

10 conduct of affairs of such a business,

11 with intent to obstruct a judicial proceeding, directly or in12 directly notifies any other person about the existence or con13 tents of a subpoena for records of that person engaged in

14 such business or information that has been furnished to a

15 Federal grand jury in response to that subpoena, shall be

16 fined as provided by this title or imprisoned not more than

17 5 years, or both.

18 ‘‘(2) As used in paragraph (1), the term ‘subpoena for

19 records’ means a Federal grand jury subpoena for records

20 that has been served relating to a violation of, or a conspir21 acy to violate, section 1033 of this title.’’.
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1 SEC. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD

2 FRAUD ACT OF 1993.

3 (a) SHORT TITLE.—This section may be cited as the

4 ‘‘Consumer Protection Against Credit Card Fraud Act of

5 1993’’.

6 (b) FRAUD AND RELATED ACTIVITY IN CONNECTION

7 WITH ACCESS DEVICES.—Section 1029 of title 18, United

8 States Code, is amended in subsection (a) by inserting after

9 paragraph (4) the following new paragraphs:

10 ‘‘(5) knowingly and with intent to defraud effects

11 transactions, with one or more access devices issued to

12 another person or persons, to receive payment or any

13 other thing of value during any one-year period the

14 aggregate value of which is equal to or greater than

15 $1,000;

16 ‘‘(6) without the authorization of the issuer of

17 the access device, knowingly and with intent to de18 fraud solicits a person for the purpose of—

19 ‘‘(A) offering an access device; or

20 ‘‘(B) selling information regarding or an

21 application to obtain an access device; or

22 ‘‘(7) without the authorization of the credit card

23 system member or its agent, knowingly and with in24 tent to defraud causes or arranges for another person

25 to present to the member or its agent, for payment,
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1 one or more evidences or records of transactions made

2 by an access device;’’.

3 (c) TECHNICAL AMENDMENTS.—Section 1029 of title

4 18, United States Code, as amended by subsection (b), is

5 amended—

6 (1) in subsection (a) by striking ‘‘or’’ at the end

7 of paragraph (3);

8 (2) in subsection (c)(1) by striking ‘‘(a)(2) or

9 (a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;

10 and

11 (3) in subsection (e) by—

12 (A) striking ‘‘and’’ at the end of paragraph

13 (5);

14 (B) adding ‘‘and’’ at the end of paragraph

15 (6); and

16 (C) adding at the end thereof the following

17 new paragraph:

18 ‘‘(7) the term ‘credit card system member’ means

19 a financial institution or other entity that is a mem20 ber of a credit card system, including an entity,

21 whether it is affiliated with or identical to the credit

22 card issuer, that is the sole member of a credit card

23 system.’’.
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1 SEC. 2103. MAIL FRAUD.

2 Section 1341 of title 18, United States Code, is amend3 ed—

4 (1) by inserting ‘‘or deposits or causes to be de5 posited any matter or thing whatever to be sent or de6 livered by any private or commercial interstate car7 rier,’’ after ‘‘Postal Service,’’; and

8 (2) by inserting ‘‘or such carrier’’ after ‘‘causes

9 to be delivered by mail’’.

10 TITLE XXII—FINANCIAL INSTITU11 TION FRAUD PROSECUTIONS

12 SEC. 2201. SHORT TITLE.

13 This title may be cited as the ‘‘Financial Institutions

14 Fraud Prosecution Act of 1991’’.

15 SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMEND16 MENT.

17 Section 19(a) of the Federal Deposit Insurance Act (12

18 U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(I)—

19 (1) by striking ‘‘or 1956’’; and

20 (2) by inserting ‘‘1517, 1956, or 1957’’.

21 SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.

22 Section 205(d) of the Federal Credit Union Act (12

23 U.S.C. 1785(d)) is amended to read as follows:

24 ‘‘(d) PROHIBITION.—

25 ‘‘(1) IN GENERAL.—Except with prior written

26 consent of the Board—
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1 ‘‘(A) any person who has been convicted of

2 any criminal offense involving dishonesty or a

3 breach of trust, or has agreed to enter into a pre4 trial diversion or similar program in connection

5 with a prosecution for such offense, may not—

6 ‘‘(i) become, or continue as, an institu7 tion-affiliated party with respect to any in8 sured credit union; or

9 ‘‘(ii) otherwise participate, directly or

10 indirectly, in the conduct of the affairs of

11 any insured credit union; and

12 ‘‘(B) any insured credit union may not per13 mit any person referred to in subparagraph (A)

14 to engage in any conduct or continue any rela15 tionship prohibited under such subparagraph.

16 ‘‘(2) MINIMUM 10-YEAR PROHIBITION PERIOD

17 FOR CERTAIN OFFENSES.—

18 ‘‘(A) IN GENERAL.—If the offense referred to

19 in paragraph (1)(A) in connection with any per20 son referred to in such paragraph is—

21 ‘‘(i) an offense under—

22 ‘‘(I) section 215, 656, 657, 1005,

23 1006, 1007, 1008, 1014, 1032, 1344,

24 1517, 1956, or 1957 of title 18, United

25 States Code; or
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1 ‘‘(II) section 1341 or 1343 of such

2 title which affects any financial insti3 tution (as defined in section 20 of such

4 title); or

5 ‘‘(ii) the offense of conspiring to com6 mit any such offense,

7 the Board may not consent to any exception to

8 the application of paragraph (1) to such person

9 during the 10-year period beginning on the date

10 the conviction or the agreement of the person be11 comes final.

12 ‘‘(B) EXCEPTION BY ORDER OF SENTENCING

13 COURT.—

14 ‘‘(i) IN GENERAL.—On motion of the

15 Board, the court in which the conviction or

16 the agreement of a person referred to in sub17 paragraph (A) has been entered may grant

18 an exception to the application of para19 graph (1) to such person if granting the ex20 ception is in the interest of justice.

21 ‘‘(ii) PERIOD FOR FILING.—A motion

22 may be filed under clause (i) at any time

23 during the 10-year period described in sub24 paragraph (A) with regard to the person on

25 whose behalf such motion is made.
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1 ‘‘(3) PENALTY.—Whoever knowingly violates

2 paragraph (1) or (2) shall be fined not more than

3 $1,000,000 for each day such prohibition is violated

4 or imprisoned for not more than 5 years, or both.’’.

5 SEC. 2204. CRIME CONTROL ACT AMENDMENT.

6 Section 2546 of the Crime Control Act of 1990 (Public

7 Law 101–647, 104 Stat. 4885) is amended by adding at

8 the end the following new subsection:

9 ‘‘(c) FRAUD TASK FORCES REPORT.—In addition to

10 the reports required under subsection (a), the Attorney Gen11 eral is encouraged to submit a report to the Congress con12 taining the findings of the financial institutions fraud task

13 forces established under section 2539 as they relate to the

14 collapse of private deposit insurance corporations, together

15 with recommendations for any regulatory or legislative

16 changes necessary to prevent such collapses in the future.’’.

17 TITLE XXIII—SAVINGS AND LOAN

18 PROSECUTION TASK FORCE

19 SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.

20 The Attorney General shall establish within the Justice

21 Department a savings and loan criminal fraud task force

22 to prosecute in an aggressive manner those criminal cases

23 involving savings and loan institutions.
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1 TITLE XXIV—SENTENCING

2 PROVISIONS

3 SEC. 2401. IMPOSITION OF SENTENCE.

4 Section 3553(a)(4) of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘(4) the kinds of sentence and the sentencing

7 range established for—

8 ‘‘(A) the applicable category of offense com9 mitted by the applicable category of defendant as

10 set forth in the guidelines issued by the Sentenc11 ing Commission pursuant to section 994(a)(1) of

12 title 28, United States Code, and that are in ef13 fect on the date the defendant is sentenced; or

14 ‘‘(B) in the case of a violation of probation

15 or supervised release, the applicable guidelines or

16 policy statements issued by the Sentencing Com17 mission pursuant to section 994(a)(3) of title 28,

18 United States Code;’’.

19 SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CON20 DITIONS OF PROBATION.

21 Section 3563(a)(3) of title 18, United States Code, is

22 amended by striking ‘‘possess illegal controlled substances’’

23 and inserting ‘‘unlawfully possess a controlled substance’’.
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1 SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.

2 Section 3583 of title 18, United States Code, is amend3 ed—

4 (1) in subsection (d), by striking ‘‘possess illegal

5 controlled substances’’ and inserting ‘‘unlawfully pos6 sess a controlled substance’’;

7 (2) in subsection (e)—

8 (A) by striking ‘‘person’’ each place such

9 term appears in such subsection and inserting

10 ‘‘defendant’’; and

11 (B) by amending paragraph (3) to read as

12 follows:

13 ‘‘(3) revoke a term of supervised release, and re14 quire the defendant to serve in prison all or part of

15 the term of supervised release authorized by statute

16 for the offense that resulted in such term of supervised

17 release without credit for time previously served on

18 postrelease supervision, if the court, pursuant to the

19 Federal Rules of Criminal Procedure applicable to

20 revocation of probation or supervised release, finds by

21 a preponderance of the evidence that the defendant

22 violated a condition of supervised release, except that

23 a defendant whose term is revoked under this para24 graph may not be required to serve more than 5 years

25 in prison if the offense that resulted in the term of

26 supervised release is a class A felony, more than 3
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1 years in prison if such offense is a class B felony,

2 more than 2 years in prison if such offense is a class

3 C or D felony, or more than one year in any other

4 case; or’’; and

5 (3) by adding at the end the following new

6 subsections:

7 ‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA8 TION.—When a term of supervised release is revoked and

9 the defendant is required to serve a term of imprisonment

10 that is less than the maximum term of imprisonment au11 thorized under subsection (e)(3), the court may include a

12 requirement that the defendant be placed on a term of su13 pervised release after imprisonment. The length of such a

14 term of supervised release shall not exceed the term of super15 vised release authorized by statute for the offense that re16 sulted in the original term of supervised release, less any

17 term of imprisonment that was imposed upon revocation

18 of supervised release.

19 ‘‘(i) DELAYED REVOCATION.—The power of the court

20 to revoke a term of supervised release for violation of a con21 dition of supervised release, and to order the defendant to

22 serve a term of imprisonment and, subject to the limitations

23 in subsection (h), a further term of supervised release, ex24 tends beyond the expiration of the term of supervised release

25 for any period reasonably necessary for the adjudication of
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1 matters arising before its expiration if, before its expira2 tion, a warrant or summons has been issued on the basis

3 of an allegation of such a violation.’’.

4 SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY

5 MINIMUM SENTENCE PROVISIONS IN CER6 TAIN CIRCUMSTANCES.

7 (a) AMENDMENT OF TITLE 18, UNITED STATES

8 CODE.—Section 3553 of title 18, United States Code, is

9 amended by adding at the end the following new subsection:

10 ‘‘(f) MANDATORY MINIMUM SENTENCE PROVISIONS.—

11 ‘‘(1) SENTENCING UNDER THIS SECTION.—In the

12 case of an offense described in paragraph (2), the

13 court shall, notwithstanding the requirement of a

14 mandatory minimum sentence in that section, impose

15 a sentence in accordance with this section and the

16 sentencing guidelines and any pertinent policy state17 ment issued by the United States Sentencing Commis18 sion.

19 ‘‘(2) OFFENSES.—An offense is described in this

20 paragraph if—

21 ‘‘(A) the defendant is subject to a manda22 tory minimum term of imprisonment under sec23 tion 401 or 402 of the Controlled Substances Act

24 (21 U.S.C. 841 and 844) or section 1010 of the
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1 Controlled Substances Import and Export Act

2 (21 U.S.C. 960);

3 ‘‘(B) the defendant does not have—

4 ‘‘(i) more than 0 criminal history

5 point under the sentencing guidelines; or

6 ‘‘(ii) any prior conviction, foreign or

7 domestic, for a crime of violence against the

8 person or drug trafficking offense that re9 sulted in a sentence of imprisonment (or an

10 adjudication as a juvenile delinquent for an

11 act that, if committed by an adult, would

12 constitute a crime of violence against the

13 person or drug trafficking offense;

14 ‘‘(C) the offense did not result in death or

15 serious bodily injury (as defined in section 1365)

16 to any person—

17 ‘‘(i) as a result of the act of any person

18 during the course of the offense; or

19 ‘‘(ii) as a result of the use by any per20 son of a controlled substance that was in21 volved in the offense;

22 ‘‘(D) the defendant did not carry or other23 wise have possession of a firearm (as defined in

24 section 921) or other dangerous weapon during

25 the course of the offense and did not direct an-
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1 other person who possessed a firearm to do so

2 and the defendant had no knowledge of any other

3 conspirator involved possessing a firearm;

4 ‘‘(E) the defendant was not an organizer,

5 leader, manager, or supervisor of others (as de6 fined or determined under the sentencing guide7 lines) in the offense; and

8 ‘‘(F) the defendant was nonviolent in that

9 the defendant did not use, attempt to use, or

10 make a credible threat to use physical force

11 against the person of another during the course

12 of the offense.

13 ‘‘(G) the defendant did not own the drugs,

14 finance any part of the offense or sell the

15 drugs.’’.

16 (b) HARMONIZATION.—

17 (1) IN GENERAL.—The United States Sentencing

18 Commission—

19 (A) may make such amendments as it

20 deems necessary and appropriate to harmonize

21 the sentencing guidelines and policy statements

22 with section 3553(f) of title 18, United States

23 Code, as added by subsection (a), and promul24 gate policy statements to assist the courts in in25 terpreting that provision; and
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1 (B) shall amend the sentencing guidelines,

2 if necessary, to assign to an offense under section

3 401 or 402 of the Controlled Substances Act (21

4 U.S.C. 841 and 844) or section 1010 of the Con5 trolled Substances Import and Export Act (21

6 U.S.C. 960) to which a mandatory minimum

7 term of imprisonment applies a guideline level

8 that will result in the imposition of a term of

9 imprisonment at least equal to the mandatory

10 term of imprisonment that is currently applica11 ble unless a downward adjustment is authorized

12 under section 3553(f) of title 18, United States

13 Code, as added by subsection (a).

14 (2) If the Commission determines that an expe15 dited procedure is necessary in order for amendments

16 made pursuant to paragraph (1) to become effective

17 on the effective date specified in subsection (c), the

18 Commission may promulgate such amendments as

19 emergency amendments under the procedures set forth

20 in section 21(a) of the Sentencing Act of 1987 (Public

21 Law 100–182; 101 Stat. 1271), as though the author22 ity under that section had not expired.

23 (c) EFFECTIVE DATE.—The amendment made by sub24 section (a) and any amendments to the sentencing guide25 lines made by the United States Sentencing Commission
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1 pursuant to subsection (b) shall apply with respect to sen2 tences imposed for offenses committed on or after the date

3 that is 60 days after the date of enactment of this Act. Not4 withstanding any other provision of law, any defendant

5 who has been sentenced pursuant to section 3553(f) who is

6 subsequently convicted of a violation of the Controlled Sub7 stances Act or any crime of violence for which imposition

8 of a mandatory minimum term of imprisonment is re9 quired, he or she shall be sentenced to an additional 5 years

10 imprisonment.

11 SEC. 2405. MANDATORY PRISON TERMS FOR USE, POSSES12 SION, OR CARRYING OF A FIREARM OR DE13 STRUCTIVE DEVICE DURING A STATE CRIME

14 OF VIOLENCE OR STATE DRUG TRAFFICKING

15 CRIME.

16 Section 924(c) of title 18, United States Code, is

17 amended by adding at the end the following new paragraph:

18 ‘‘(4)(A) A person who, during and in relation to a

19 crime of violence or drug trafficking crime (including a

20 crime of violence or drug trafficking crime that provides

21 for an enhanced punishment if committed by the use of a

22 deadly or dangerous weapon or device) for which the person

23 may be prosecuted in a court of any State—
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1 ‘‘(i) in the case of a first conviction of such a

2 crime, in addition to the sentence imposed for the

3 crime of violence or drug trafficking crime—

4 ‘‘(I) knowingly possesses a firearm shall be

5 imprisoned not less than 10 years;

6 ‘‘(II) discharges a firearm with intent to in7 jure another person shall be imprisoned not less

8 than 20 years; or

9 ‘‘(III) knowingly possesses a firearm that is

10 a machinegun or destructive device or is

11 equipped with a firearm silencer or firearm muf12 fler shall be imprisoned not less than 30 years;

13 ‘‘(ii) in the case of a second conviction of such

14 a crime, in addition to the sentence imposed for the

15 crime of violence or drug trafficking crime—

16 ‘‘(I) shall be imprisoned not less than 20

17 years if the person was in possession of a fire18 arm during and in relation to the crime of vio19 lence or drug trafficking crime;

20 ‘‘(II) shall be imprisoned not less than 30

21 years if the person discharged a firearm during

22 and in relation to the crime of violence or drug

23 trafficking crime; or

24 ‘‘(III) if the person discharges a firearm

25 that is a machinegun or a destructive device or
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1 is equipped with a firearm silencer or firearm

2 muffler, shall be imprisoned for life; and

3 ‘‘(iii) in the case of a third or subsequent convic4 tion of such a crime, shall be imprisoned for life.

5 ‘‘(B)(i) Notwithstanding any other law, a court shall

6 not place on probation or suspend the sentence of any per7 son convicted of a violation of this subsection, nor shall a

8 term of imprisonment imposed under this subsection run

9 concurrently with any other term of imprisonment includ10 ing that imposed for the crime of violence or drug traffick11 ing crime in which the firearm was used.

12 ‘‘(ii) No person sentenced under this subsection shall

13 be released for any reason whatsoever during a term of im14 prisonment imposed under this paragraph.

15 ‘‘(C) For the purposes of paragraph (A), a person shall

16 be considered to be in possession of a firearm if—

17 ‘‘(i) in the case of a crime of violence, the person

18 touches a firearm at the scene of the crime at any

19 time during the commission of the crime; and

20 ‘‘(ii) in the case of a drug trafficking crime, the

21 person has a firearm readily available at the scene of

22 the crime.

23 ‘‘(D) Except in the case of a person who engaged in

24 or participated in criminal conduct that gave rise to the

25 occasion for the person’s use of a firearm, this paragraph
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1 has no application to a person who may be found to have

2 committed a criminal act while acting in defense of person

3 or property during the course of a crime being committed

4 by another person (including the arrest or attempted arrest

5 of the offender during or immediately after the commission

6 of the crime).

7 ‘‘(E) In this paragraph—

8 ‘‘ ‘crime of violence’ means an offense that is

9 punishable by imprisonment for more than 1 year

10 and—

11 ‘‘(I) has as an element the use, attempted

12 use, or threatened use of physical force against

13 the person or property of another; or

14 ‘‘(II) by its nature involves a substantial

15 risk that physical force against the person or

16 property of another may be used during the

17 course of the offense.

18 ‘‘ ‘drug trafficking crime’ means a crime punishable

19 by imprisonment for more than 1 year involving the

20 manufacture, distribution, possession, cultivation,

21 sale, or transfer of a controlled substance, controlled

22 substance analogue, immediate precursor, or listed

23 chemical (as those terms are defined in section 102 of

24 the Controlled Substance Act (21 U.S.C. 802)), or an

25 attempt or conspiracy to commit such a crime.
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1 ‘‘(F) It is the intent of Congress that—

2 ‘‘(i) this paragraph shall be used to supplement

3 but not supplant the efforts of State and local pros4 ecutors in prosecuting crimes of violence and drug

5 trafficking crimes that could be prosecuted under

6 State law; and

7 ‘‘(ii) the Attorney General shall give due def8 erence to the interest that a State or local prosecutor

9 has in prosecuting a person under State law.

10 ‘‘(G) This paragraph does not create any rights, sub11 stantive or procedural, enforceable at law by any party in

12 any manner, civil or criminal, nor does it place any limita13 tions on otherwise lawful prerogatives of the Attorney Gen14 eral.

15 ‘‘(H) There is a Federal jurisdiction over an offense

16 under this paragraph if a firearm involved in the offense

17 has moved at any time in interstate or foreign commerce.’’.

18 SEC. 2406. MURDER INVOLVING FIREARM.

19 (a) IN GENERAL.—Chapter 51 of title 18, United

20 States Code, as amended by section 504(a), is amended by

21 adding at the end the following section:

22 ‘‘§ 1122. Murder involving firearm

23 ‘‘(a) OFFENSE.—A person who has been found guilty

24 of causing, through the use of a firearm, as defined in sec25 tion 921 of this title, the death of another person, inten-
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1 tionally, knowingly, or through recklessness manifesting ex2 treme indifference to human life, or through the intentional

3 infliction of serious bodily injury, shall be punished by

4 death or imprisoned for any term of years or for life. When5 ever the government seeks a sentence of death under this

6 section, the procedures set forth in title 18, chapter 228,

7 shall apply.

8 ‘‘(b) JURISDICTION.—There is Federal jurisdiction

9 over an offense under this section if—

10 ‘‘(1) the conduct of the offender occurred in the

11 course of an offense against the United States; or

12 ‘‘(2) a firearm involved in the offense has moved

13 at any time in interstate or foreign commerce.

14 ‘‘(c) It is the intent of Congress that—

15 ‘‘(1) this paragraph shall be used to supplement

16 but not supplant the efforts of State and local pros17 ecutors in prosecuting murders involving firearms

18 that have moved in interstate or foreign commerce

19 that could be prosecuted under State law; and

20 ‘‘(2) the Attorney General shall give due def21 erence to the interest that a State or local prosecutor

22 has in prosecuting a person under Staate law.

23 ‘‘(d) This paragraph does not create any rights, sub24 stantive or procedural, enforceable at law by any party in

25 any manner, civil or criminal, nor does it place any limita-
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1 tions on otherwise lawful prerogratives of the Attorney Gen2 eral.’’.

3 (b) TECHNICAL AMENDMENT.—The chapter analysis

4 for chapter 51 of title 18, United States Code, as amended

5 by section 504(b), is amended by adding at the end the fol6 lowing new item:

‘‘Sec. 1122. Murder involving firearm.’’.

7 SEC. 2407. MANDATORY MINIMUM PRISON SENTENCES FOR

8 THOSE WHO SELL ILLEGAL DRUGS TO MI9 NORS OR WHO USE MINORS IN DRUG TRAF10 FICKING ACTIVITIES.

11 (a) DISTRIBUTION TO PERSONS UNDER AGE 18.—Sec12 tion 418 of the Controlled Substances Act (21 U.S.C. 859)

13 is amended—

14 (1) in subsection (a) (first offense) by inserting

15 after the second sentence ‘‘Except to the extent a

16 greater minimum sentence is otherwise provided by

17 section 401(b), a term of imprisonment under this

18 subsection in a case involving distribution to a person

19 under 18 years of age by a person 21 or more years

20 of age shall be not less than 10 years. Notwithstand21 ing any other provision of law, the court shall not

22 place on probation or suspend the sentence of any

23 person sentenced under the preceding sentence.’’; and

24 (2) in subsection (b) (second offense) by inserting

25 after the second sentence ‘‘Except to the extent a
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1 greater sentence is otherwise authorized by section

2 401(b), a term of imprisonment under this subsection

3 in a case involving distribution to a person under 18

4 years of age by a person 21 or more years of age shall

5 be a mandatory term of life imprisonment. Notwith6 standing any other provision of law, the court shall

7 not place on probation or suspend the sentence of any

8 person sentenced under the preceding sentence.’’.

9 (b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

10 AGE.—Section 420 of the Controlled Substances Act (21

11 U.S.C. 861) is amended—

12 (1) in subsection (b) by adding at the end the

13 following: ‘‘Except to the extent a greater minimum

14 sentence is otherwise provided, a term of imprison15 ment of a person 21 or more years of age convicted

16 under this subsection shall be not less than 10 years.

17 Notwithstanding any other provision of law, the court

18 shall not place on probation or suspend the sentence

19 of any person sentenced under the preceding sen20 tence.’’; and

21 (2) in subsection (c) (penalty for second offenses)

22 by inserting after the second sentence the following:

23 ‘‘Except to the extent a greater minimum sentence is

24 otherwise provided, a term of imprisonment of a per25 son 21 or more years of age convicted under this sub-
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1 section shall be a mandatory term of life imprison2 ment. Notwithstanding any other provision of law,

3 the court shall not place on probation or suspend the

4 sentence of any person sentenced under the preceding

5 sentence.’’.

6 SEC. 2408. LIFE IMPRISONMENT WITHOUT RELEASE FOR

7 DRUG FELONS AND VIOLENT CRIMINALS

8 CONVICTED A THIRD TIME.

9 Section 401(b)(1)(A) of the Controlled Substances Act

10 (21 U.S.C. 841(b)(1)(A)) is amended by striking ‘‘If any

11 person commits a violation of this subparagraph or of sec12 tion 418, 419, or 420 after two or more prior convictions

13 for a felony drug offense have become final, such person

14 shall be sentenced to a mandatory term of life imprisonment

15 without release and fined in accordance with the preceding

16 sentence.’’ and inserting ‘‘If any person commits a violation

17 of this subparagraph or of section 418, 419, or 420 (21

18 U.S.C. 859, 860, and 861) or a crime of violence after 2

19 or more prior convictions for a felony drug offense or crime

20 of violence or for any combination thereof have become

21 final, such person shall be sentenced to not less than a man22 datory term of life imprisonment without release and fined

23 in accordance with the preceding sentence. For purposes of

24 this subparagraph, the term ‘crime of violence’ means an

25 offense that is a felony punishable by a maximum term of
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1 imprisonment of 10 years or more and has as an element

2 the use, attempted use, or threatened use of physical force

3 against the person or property of another, or by its nature

4 involves a substantial risk that physical force against the

5 person or property of another may be used in the course

6 of committing the offense.’’.

7 SEC. 2409. DIRECTION TO UNITED STATES SENTENCING

8 COMMISSION REGARDING SENTENCING EN9 HANCEMENTS FOR HATE CRIMES.

10 (a) DEFINITION.—In this section, ‘‘hate crime’’ means

11 a crime in which the defendant intentionally selects a vic12 tim, or in the case of a property crime, the property that

13 is the object of the crime, because of the actual or perceived

14 race, color, religion, national origin, ethnicity, gender, dis15 ability, or sexual orientation of any person.

16 (b) SENTENCING ENHANCEMENT.—Pursuant to section

17 994 of title 28, United States Code, the United States Sen18 tencing Commission shall promulgate guidelines or amend

19 existing guidelines to provide sentencing enhancements of

20 not less than 3 offense levels for offenses that the finder of

21 fact at trial determines beyond a reasonable doubt are hate

22 crimes. In carrying out this section, the United States Sen23 tencing Commission shall ensure that there is reasonable

24 consistency with other guidelines, avoid duplicative punish25 ments for substantially the same offense, and take into ac-
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1 count any mitigating circumstances that might justify ex2 ceptions.

3 SEC. 2410. CONFIRMATION OF INTENT OF CONGRESS IN EN4 ACTING SECTIONS 2252 AND 2256 OF TITLE 18,

5 UNITED STATES CODE.

6 (a) DECLARATION.—The Congress declares that in en7 acting sections 2252 and 2256 of title 18, United States

8 Code, it was and is the intent of Congress that—

9 (1) the scope of ‘‘exhibition of the genitals or

10 pubic area’’ in section 2256(2)(E), in the definition

11 of ‘‘sexually explicit conduct’’, is not limited to nude

12 exhibitions or exhibitions in which the outlines of

13 those areas were discernible through clothing; and

14 (2) the requirements in section 2252(a) (1)(A),

15 (2)(A), (3)(B)(i), and (4)(B)(i) that the production of

16 a visual depiction involve the use of a minor engag17 ing in ‘‘sexually explicit conduct’’ of the kind de18 scribed in section 2256(2)(E) are satisfied if a person

19 photographs a minor in such a way as to exhibit the

20 child in a lascivious manner.

21 (b) SENSE OF THE CONGRESS.—It is the sense of the

22 Congress that in filing its brief in United States v. Knox,

23 No. 92–1183, and thereby depriving the United States Su24 preme Court of the adverseness necessary for full and fair

25 presentation of the issues arising in the case, the Depart-
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1 ment of Justice did not accurately reflect the intent of Con2 gress in arguing that ‘‘the videotapes in [the Knox case]

3 constitute ‘lascivious exhibition[s] of the genitals or pubic

4 area’ only if those body parts are visible in the tapes and

5 the minors posed or acted lasciviously.’’.

6 TITLE XXV—SENTENCING AND

7 MAGISTRATES AMENDMENTS

8 SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OF9 FENSES IN CERTAIN CASES.

10 Section 3561(a)(3) of title 18, United States Code, is

11 amended by adding at the end: ‘‘However, this paragraph

12 does not preclude the imposition of a sentence to a term

13 of probation for a petty offense if the defendant has been

14 sentenced to a term of imprisonment at the same time for

15 another such offense.’’.

16 SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE

17 CASES.

18 Section 3401 of title 18, United States Code, is amend19 ed—

20 (1) in subsection (b) by adding ‘‘other than a

21 petty offense’’ after ‘‘misdemeanor’’; and

22 (2) in subsection (g) by amending the first sen23 tence to read as follows: ‘‘The magistrate judge may,

24 in a petty offense case involving a juvenile, exercise
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1 all powers granted to the district court under chapter

2 403 of this title.’’.

3 TITLE XXVI—COMPUTER CRIME

4 SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

5 (a) SHORT TITLE.—This title may be cited as the

6 ‘‘Computer Abuse Amendments Act of 1993’’.

7 (b) PROHIBITION.—Section 1030(a)(5) of title 18,

8 United States Code, is amended to read as follows:

9 ‘‘(5)(A) through means of a computer used in

10 interstate commerce or communications, knowingly

11 causes the transmission of a program, information,

12 code, or command to a computer or computer system

13 if—

14 ‘‘(i) the person causing the transmission in15 tends that such transmission will—

16 ‘‘(I) damage, or cause damage to, a

17 computer, computer system, network, infor18 mation, data, or program; or

19 ‘‘(II) withhold or deny, or cause the

20 withholding or denial, of the use of a com21 puter, computer services, system or network,

22 information, data or program; and

23 ‘‘(ii) the transmission of the harmful com24 ponent of the program, information, code, or

25 command—
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1 ‘‘(I) occurred without the knowledge

2 and authorization of the persons or entities

3 who own or are responsible for the computer

4 system receiving the program, information,

5 code, or command; and

6 ‘‘(II)(aa) causes loss or damage to one

7 or more other persons of value aggregating

8 $1,000 or more during any 1-year period;

9 or

10 ‘‘(bb) modifies or impairs, or poten11 tially modifies or impairs, the medical ex12 amination, medical diagnosis, medical

13 treatment, or medical care of one or more

14 individuals; or

15 ‘‘(B) through means of a computer used in inter16 state commerce or communication, knowingly causes

17 the transmission of a program, information, code, or

18 command to a computer or computer system—

19 ‘‘(i) with reckless disregard of a substantial

20 and unjustifiable risk that the transmission

21 will—

22 ‘‘(I) damage, or cause damage to, a

23 computer, computer system, network, infor24 mation, data or program; or
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1 ‘‘(II) withhold or deny or cause the

2 withholding or denial of the use of a com3 puter, computer services, system, network,

4 information, data or program; and

5 ‘‘(ii) if the transmission of the harmful

6 component of the program, information, code, or

7 command—

8 ‘‘(I) occurred without the knowledge

9 and authorization of the persons or entities

10 who own or are responsible for the computer

11 system receiving the program, information,

12 code, or command; and

13 ‘‘(II)(aa) causes loss or damage to one

14 or more other persons of a value aggregat15 ing $1,000 or more during any 1-year pe16 riod; or

17 ‘‘(bb) modifies or impairs, or poten18 tially modifies or impairs, the medical ex19 amination, medical diagnosis, medical

20 treatment, or medical care of one or more

21 individuals;’’.

22 (c) PENALTY.—Section 1030(c) of title 18, United

23 States Code is amended—

24 (1) in paragraph (2)(B) by striking ‘‘and’’ after

25 the semicolon;
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1 (2) in paragraph (3)(A) by inserting ‘‘(A)’’ after

2 ‘‘(a)(5)’’; and

3 (3) in paragraph (3)(B) by striking the period

4 at the end thereof and inserting ‘‘; and’’; and

5 (4) by adding at the end thereof the following:

6 ‘‘(4) a fine under this title or imprisonment for

7 not more than 1 year, or both, in the case of an of8 fense under subsection (a)(5)(B).’’.

9 (d) CIVIL ACTION.—Section 1030 of title 18, United

10 States Code, is amended by adding at the end thereof the

11 following new subsection:

12 ‘‘(g) Any person who suffers damage or loss by reason

13 of a violation of the section, other than a violation of sub14 section (a)(5)(B), may maintain a civil action against the

15 violator to obtain compensatory damages and injunctive re16 lief or other equitable relief. Damages for violations of any

17 subsection other than subsection (a)(5)(A)(ii)(II)(bb) or

18 (a)(5)(B)(ii)(II)(bb) are limited to economic damages. No

19 action may be brought under this subsection unless such ac20 tion is begun within 2 years of the date of the act com21 plained of or the date of the discovery of the damage.’’.

22 (e) REPORTING REQUIREMENTS.—Section 1030 of title

23 18 United States Code, is amended by adding at the end

24 thereof the following new subsection:
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1 ‘‘(h) The Attorney General and the Secretary of the

2 Treasury shall report to the Congress annually, during the

3 first 3 years following the date of the enactment of this sub4 section, concerning investigations and prosecutions under

5 section 1030(a)(5) of title 18, United States Code.’’.

6 (f) PROHIBITION.—Section 1030(a)(3) of title 18 Unit7 ed States Code, is amended by inserting ‘‘adversely’’ before

8 ‘‘affects the use of the Government’s operation of such com9 puter’’.

10 TITLE XXVII—INTERNATIONAL

11 PARENTAL KIDNAPPING

12 SEC. 2701. SHORT TITLE.

13 This subtitle may be cited as the ‘‘International Paren14 tal Kidnapping Crime Act of 1993’’.

15 SEC. 2702. TITLE 18 AMENDMENT.

16 (a) IN GENERAL.—Chapter 55 (relating to kidnap17 ping) of title 18, United States Code, is amended by adding

18 at the end the following new section:

19 ‘‘§ 1204. International parental kidnapping

20 ‘‘(a) DEFINITIONS.—In this section—

21 ‘‘ ‘child’ means a person who has not attained

22 the age of 16 years.

23 ‘‘ ‘parental rights’, with respect to a child, means

24 the right to physical custody of the child—
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1 ‘‘(A) whether joint or sole (and includes vis2 iting rights); and

3 ‘‘(B) whether arising by operation of law,

4 court order, or legally binding agreement of the

5 parties.

6 ‘‘(b) OFFENSE.—A person who removes a child from

7 the United States or retains a child (who has been in the

8 United States) outside the United States with intent to ob9 struct the lawful exercise of parental rights shall be fined

10 under this title, imprisoned not more than 3 years, or both.

11 ‘‘(c) AFFIRMATIVE DEFENSES.—It shall be an affirma12 tive defense under this section that—

13 ‘‘(1) the defendant acted within the provisions of

14 a valid court order granting the defendant legal cus15 tody or visitation rights, and that order was obtained

16 pursuant to the Uniform Child Custody Jurisdiction

17 Act and was in effect at the time of the offense;

18 ‘‘(2) the defendant was fleeing an incidence or

19 pattern of domestic violence; or

20 ‘‘(3) the defendant had physical custody of the

21 child pursuant to a court order granting legal custody

22 or visitation rights and failed to return the child as

23 a result of circumstances beyond the defendant’s con24 trol, and the defendant notified or made reasonable

25 attempts to notify the other parent or lawful custo-
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1 dian of the child of such circumstances within 24

2 hours after the visitation period had expired and re3 turned the child as soon as possible.

4 ‘‘(d) RULE OF CONSTRUCTION.—This section does not

5 detract from The Hague Convention on the Civil Aspects

6 of International Parental Child Abduction, done at The

7 Hague on October 25, 1980.’’.

8 (b) SENSE OF THE CONGRESS.—It is the sense of the

9 Congress that, inasmuch as use of the procedures under The

10 Hague Convention on the Civil Aspects of International Pa11 rental Child Abduction has resulted in the return of many

12 children, those procedures, in circumstances in which they

13 are applicable, should be the option of first choice for a par14 ent who seeks the return of a child who has been removed

15 from the parent.

16 (c) TECHNICAL AMENDMENT.—The chapter analysis

17 for chapter 55 of title 18, United States Code, is amended

18 by adding at the end the following new item:

‘‘1204. International parental kidnapping.’’.

19 SEC. 2703. STATE COURT PROGRAMS REGARDING INTER20 STATE AND INTERNATIONAL PARENTAL

21 CHILD ABDUCTION.

22 There is authorized to be appropriated $250,000 to

23 carry out under the State Justice Institute Act of 1984 (42

24 U.S.C. 10701 et seq.) national, regional, and in-State train25 ing and educational programs dealing with criminal and
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1 civil aspects of interstate and international parental child

2 abduction.

3 TITLE XXVIII—SAFE SCHOOLS

4 SEC. 2801. SHORT TITLE.

5 This title may be cited as the ‘‘Safe Schools Act of

6 1993’’.

7 SEC. 2802. SAFE SCHOOLS.

8 (a) IN GENERAL.—Title I of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

10 as amended by section 1204(a), is amended—

11 (1) by redesignating part W as part X;

12 (2) by redesignating section 2301 as section

13 2401; and

14 (3) by inserting after part V the following new

15 part:

16 ‘‘PART W—SAFE SCHOOLS ASSISTANCE

17 ‘‘SEC. 2301. GRANT AUTHORIZATION.

18 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus19 tice Assistance, in consultation with the Secretary of Edu20 cation, may make grants to local educational agencies for

21 the purpose of providing assistance to such agencies most

22 directly affected by crime and violence.

23 ‘‘(b) MODEL PROJECT.—The Director, in consultation

24 with the Secretary of Education, shall develop a written

25 safe schools model in English and in other appropriate lan-
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1 guages in a timely fashion and make such model available

2 to any local educational agency that requests such informa3 tion.

4 ‘‘SEC. 2302. USE OF FUNDS.

5 ‘‘Grants made by the Director under this part shall

6 be used—

7 ‘‘(1) to fund anticrime and safety measures and

8 to develop education and training programs for the

9 prevention of crime, violence, and use of illegal drugs

10 and alcohol;

11 ‘‘(2) for counseling programs for victims of crime

12 within schools;

13 ‘‘(3) for crime prevention equipment, including

14 metal detectors and video-surveillance devices;

15 ‘‘(4) for the prevention and reduction of the par16 ticipation of young individuals in organized crime

17 and drug and gang-related activities in schools;and

18 ‘‘(5) to fund education programs to teach young

19 individuals about the United States criminal justice

20 system, including education about the applicable pen21 alties for the use and sale of illegal drugs and the

22 commission of violent or drug-related offenses.

23 ‘‘SEC. 2303. APPLICATIONS.

24 ‘‘(a) IN GENERAL.—In order to be eligible to receive

25 a grant under this part for any fiscal year, a local edu-
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1 cational agency shall submit an application to the Director

2 in such form and containing such information as the Direc3 tor may reasonably require.

4 ‘‘(b) REQUIREMENTS.—Each application under sub5 section (a) shall include—

6 ‘‘(1) a request for funds for the purposes de7 scribed in section 2302;

8 ‘‘(2) a description of the schools and commu9 nities to be served by the grant, including the nature

10 of the crime and violence problems within such

11 schools;

12 ‘‘(3) assurances that Federal funds received

13 under this part shall be used to supplement, not sup14 plant, non-Federal funds that would otherwise be

15 available for activities funded under this part; and

16 ‘‘(4) statistical information in such form and

17 containing such information that the Director may

18 require regarding crime within schools served by such

19 local educational agency.

20 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

21 include a comprehensive plan that shall contain—

22 ‘‘(1) a description of the crime problems within

23 the schools targeted for assistance;

24 ‘‘(2) a description of the projects to be developed;
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1 ‘‘(3) a description of the resources available in

2 the community to implement the plan together with

3 a description of the gaps in the plan that cannot be

4 met with existing resources;

5 ‘‘(4) an explanation of how the requested grant

6 will be used to fill gaps;

7 ‘‘(5) a description of the system the applicant

8 will establish to prevent and reduce crime problems;

9 and

10 ‘‘(6) a description of educational materials to be

11 developed in English and in other appropriate lan12 guages.

13 ‘‘SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON

14 GRANTS.

15 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Direc16 tor shall use not more than 5 percent of the funds available

17 under this part for the purposes of administration and tech18 nical assistance.

19 ‘‘(b) RENEWAL OF GRANTS.—A grant under this part

20 may be renewed for up to 2 additional years after the first

21 fiscal year during which the recipient receives its initial

22 grant under this part, subject to the availability of funds,

23 if—

24 ‘‘(1) the Director determines that the funds made

25 available to the recipient during the previous year
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1 were used in a manner required under the approved

2 application; and

3 ‘‘(2) the Director determines that an additional

4 grant is necessary to implement the crime prevention

5 program described in the comprehensive plan as re6 quired by section 2303(c).

7 ‘‘SEC. 2305. AWARD OF GRANTS.

8 ‘‘(a) SELECTION OF RECIPIENTS.—The Director, in

9 consultation with the Secretary of Education, shall consider

10 the following factors in awarding grants to local edu11 cational agencies:

12 ‘‘(1) CRIME PROBLEM.—The nature and scope of

13 the crime problem in the targeted schools.

14 ‘‘(2) NEED AND ABILITY.—Demonstrated need

15 and evidence of the ability to provide the services de16 scribed in the plan required under section 2303(c).

17 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director shall

18 attempt, to the extent practicable, to achieve an equitable

19 geographic distribution of grant awards.

20 ‘‘SEC. 2306. REPORTS.

21 ‘‘(a) REPORT TO DIRECTOR.—Local educational agen22 cies that receive funds under this part shall submit to the

23 Director a report not later than March 1 of each year that

24 describes progress achieved in carrying out the plan re25 quired under section 2303(c).
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1 ‘‘(b) REPORT TO CONGRESS.—The Director shall sub2 mit to the Committee on Education and Labor and the

3 Committee on the Judiciary a report by October 1 of each

4 year in which grants are made available under this part

5 which shall contain a detailed statement regarding grant

6 awards, activities of grant recipients, a compilation of sta7 tistical information submitted by applicants under

8 2303(b)(4), and an evaluation of programs established

9 under this part.

10 ‘‘SEC. 2307. DEFINITIONS.

11 ‘‘For the purposes of this part:

12 ‘‘(1) The term ‘Director’ means the Director of

13 the Bureau of Justice Assistance.

14 ‘‘(2) The term ‘local educational agency’ means

15 a public board of education or other public authority

16 legally constituted within a State for either adminis17 trative control or direction of, or to perform a service

18 function for, public elementary and secondary schools

19 in a city, county, township, school district, or other

20 political subdivision of a State, or such combination

21 of school districts of counties as are recognized in a

22 State as an administrative agency for its public ele23 mentary and secondary schools. Such term includes

24 any other public institution or agency having admin-
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1 istrative control and direction of a public elementary

2 or secondary school.’’.

3 (b) TECHNICAL AMENDMENT.—The table of contents of

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

5 of 1968 (42 U.S.C. 3711 et seq.), as amended by section

6 1204(b), is amended by striking the matter relating to part

7 W and inserting the following:

‘‘PART W—SAFE SCHOOLS ASSISTANCE

‘‘Sec. 2301. Grant authorization.

‘‘Sec. 2302. Use of funds.

‘‘Sec. 2303. Applications.

‘‘Sec. 2304. Allocation of funds; limitations on grants.

‘‘Sec. 2305. Award of grants.

‘‘Sec. 2306. Reports.

‘‘Sec. 2307. Definitions.

‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

9 1001(a) of the Omnibus Crime Control and Safe Streets Act

10 of 1968 (42 U.S.C. 3793), as amended by section 1204(d),

11 is amended—

12 (1) in paragraph (3) by striking ‘‘and V’’ and

13 inserting ‘‘V, and W’’; and

14 (2) by adding at the end the following new para15 graph:

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

17 out projects under part W $100,000,000 for each of fiscal

18 years 1994, 1995, and 1996.’’.
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1 SEC. 2803. STATE LEADERSHIP ACTIVITIES TO PROMOTE

2 SAFE SCHOOLS PROGRAM.

3 (a) SHORT TITLE; DEFINITIONS.—

4 (1) SHORT TITLE.—This section may be cited as

5 the ‘‘State Leadership Activities to Promote Safe

6 Schools Act’’.

7 (2) DEFINITIONS.—For the purpose of this sec8 tion—

9 (A) the term ‘‘local educational agency’’ has

10 the same meaning given such term in section

11 1471(12) of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 2891(12));

13 (B) the term ‘‘Secretary’’ means the Sec14 retary of Education;

15 (C) the term ‘‘State educational agency’’

16 has the same meaning given such term in section

17 1471(23) of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 2891(23)); and

19 (D) the term ‘‘State’’ means each of the 50

20 States, the District of Columbia and the Com21 monwealth of Puerto Rico.

22 (b) AUTHORITY.—The Secretary is authorized to

23 award grants to State educational agencies from allocations

24 under subsection (c) to enable such agencies to carry out

25 the authorized activities described in subsection (e).
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1 (c) ALLOCATION.—Each State educational agency hav2 ing on application approved under subsection (d) shall be

3 eligible to receive a grant under this section for each fiscal

4 year that bears the same ratio to the amount appropriated

5 pursuant to the authority of subsection (f) for such year

6 as the amount such State educational agency receives pur7 suant to section 1006 of the Elementary and Secondary

8 Education Act of 1965 for such year bears to the total

9 amount allocated to all such agencies in all States having

10 applications approved under subsection (d) for such year,

11 except that no State educational agency having an applica12 tion approved under subsection (d) in any fiscal year shall

13 receive less than $100,000 for such year.

14 (d) APPLICATION.—Each State educational agency de15 siring a grant under this section shall submit an applica16 tion to the Secretary at such time, in such manner and

17 containing such information as the Secretary may reason18 ably require. Each such application shall—

19 (1) describe the activities and services for which

20 assistance is sought;

21 (2) contain a statement of the State educational

22 agency’s goals and objectives for violence prevention

23 and a description of the procedures to be used for as24 sessing and publicly reporting progress toward meet25 ing those goals and objectives; and
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1 (3) contain a description of how the State edu2 cational agency will coordinate such agency’s activi3 ties under this section with the violence prevention ef4 forts of other State agencies.

5 (e) USE OF FUNDS.—Grant funds awarded under this

6 section shall be used—

7 (1) to support a statewide resource coordinator;

8 (2) to provide technical assistance to both rural

9 and urban local school districts;

10 (3) to disseminate to local educational agencies

11 and schools information on successful school violence

12 prevention programs funded through Federal, State,

13 local and private sources;

14 (4) to make available to local educational agen15 cies teacher training and parent and student aware16 ness programs, which training and programs may be

17 provided through video or other telecommunications

18 approaches; and

19 (5) for other activities the State educational

20 agency may deem appropriate.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated $10,000,000 for each of the

23 fiscal years 1995 and 1996 to carry out this section.
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1 TITLE XXIX—MISCELLANEOUS

2 Subtitle A—Increases in Penalties

3 SEC. 2901. INCREASED PENALTIES FOR ASSAULT.

4 (a) CERTAIN OFFICERS AND EMPLOYEES.—Section

5 111 of title 18, United States Code, is amended—

6 (1) in subsection (a) by inserting ‘‘, where the

7 acts in violation of this section constitute only simple

8 assault, be fined under this title or imprisoned not

9 more than one year, or both, and in all other cases,’’

10 after ‘‘shall’’;

11 (2) in subsection (b) by inserting ‘‘or inflicts

12 bodily injury’’ after ‘‘weapon’’.

13 (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

14 INTERNATIONALLY PROTECTED PERSONS.—Section 112(a)

15 of title 18, United States Code, is amended—

16 (1) by striking ‘‘not more than $5,000’’ and in17 serting ‘‘under this title’’;

18 (2) by inserting ‘‘, or inflicts bodily injury,’’

19 after ‘‘weapon’’; and

20 (3) by striking ‘‘not more than $10,000’’ and in21 serting ‘‘under this title’’.

22 (c) MARITIME AND TERRITORIAL JURISDICTION.—Sec23 tion 113 of title 18, United States Code, is amended—

24 (1) in subsection (c)—
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1 (A) by striking ‘‘of not more than $1,000’’

2 and inserting ‘‘under this title’’; and

3 (B) by striking ‘‘five’’ and inserting ‘‘ten’’;

4 and

5 (2) in subsection (e)—

6 (A) by striking ‘‘of not more than $300’’

7 and inserting ‘‘under this title’’; and

8 (B) by striking ‘‘three’’ and inserting ‘‘six’’.

9 (d) CONGRESS, CABINET, OR SUPREME COURT.—Sec10 tion 351(e) of title 18, United States Code, is amended—

11 (1) by striking ‘‘not more than $5,000,’’ and in12 serting ‘‘under this title,’’;

13 (2) by inserting ‘‘the assault involved in the use

14 of a dangerous weapon, or’’ after ‘‘if’’;

15 (3) by striking ‘‘not more than $10,000’’ and in16 serting ‘‘under this title’’; and

17 (4) by striking ‘‘for’’.

18 (e) PRESIDENT AND PRESIDENT’S STAFF.—Section

19 1751(e) of title 18, United States Code, is amended—

20 (1) by striking ‘‘not more than $10,000,’’ both

21 places it appears and inserting ‘‘under this title,’’;

22 (2) by striking ‘‘not more than $5,000,’’ and in23 serting ‘‘under this title,’’; and

24 (3) by inserting ‘‘the assault involved the use of

25 a dangerous weapon, or’’ after ‘‘if ’’.
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1 SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER.

2 Section 1112 of title 18, United States Code, is amend3 ed—

4 (1) in subsection (b)—

5 (A) by inserting ‘‘fined under this title or’’

6 after ‘‘shall be’’ in the first undesignated para7 graph; and

8 (B) by inserting ‘‘, or both’’ after ‘‘years’’;

9 (2) by striking ‘‘not more than $1,000’’ and in10 serting ‘‘under this title’’; and

11 (3) by striking ‘‘three’’ and inserting ‘‘six’’.

12 SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIO13 LATIONS.

14 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

15 title 18, United States Code, is amended—

16 (1) by striking ‘‘not more than $10,000’’ and in17 serting ‘‘under this title’’;

18 (2) by inserting ‘‘from the acts committed in vio19 lation of this section or if such acts include kidnap20 ping or an attempt to kidnap, aggravated sexual

21 abuse or an attempt to commit aggravated sexual

22 abuse, or an attempt to kill’’ after ‘‘results’’;

23 (3) by striking ‘‘subject to imprisonment’’ and

24 inserting ‘‘fined under this title or imprisoned’’; and

25 (4) by inserting ‘‘, or both’’ after ‘‘life’’.
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1 (b) DEPRIVATION OF RIGHTS.—Section 242 of title 18,

2 United States Code, is amended—

3 (1) by striking ‘‘more more than $1,000’’ and in4 serting ‘‘under this title’’;

5 (2) by inserting ‘‘from the acts committed in vio6 lation of this section or if such acts include the use,

7 attempted use, or threatened use of a dangerous weap8 on, explosives, or fire,’’ after ‘‘bodily injury results’’;

9 (3) by inserting ‘‘from the acts committed in vio10 lation of this section or if such acts include kidnap11 ping or an attempt to kidnap, aggravated sexual

12 abuse, or an attempt to commit aggravated sexual

13 abuse, or an attempt to kill, shall be fined under this

14 title, or’’ after ‘‘death results’’;

15 (4) by striking ‘‘shall be subject to imprison16 ment’’ and inserting ‘‘imprisoned’’; and

17 (5) by inserting ‘‘, or both’’ after ‘‘life’’.

18 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

19 245(b) of title 18, United States Code, is amended in the

20 matter following paragraph (5)—

21 (1) by striking ‘‘not more than $1,000’’ and in22 serting ‘‘under this title’’;

23 (2) by inserting ‘‘from the acts committed in vio24 lation of this section or if such acts include the use,
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1 attempted use, or threatened use of a dangerous weap2 on, explosives, or fire’’ after ‘‘bodily injury results;

3 (3) by striking ‘‘not more than $10,000’’ and in4 serting ‘‘under this title’’;

5 (4) by inserting ‘‘from the acts committed in vio6 lation of this section or if such acts include kidnap7 ping or an attempt to kidnap, aggravated sexual

8 abuse or an attempt to commit aggravated sexual

9 abuse, or an attempt to kill,’’ after ‘‘death results’’;

10 (5) by striking ‘‘subject to imprisonment’’ and

11 inserting ‘‘fined under this title or imprisoned’’; and

12 (6) by inserting ‘‘, or both’’ after ‘‘life’’.

13 (d) DAMAGE TO RELIGIOUS PROPERTY.—Section 247

14 of title 18, United States Code, is amended—

15 (1) in subsection (c)(1) by inserting ‘‘from acts

16 committed in violation of this section or if such acts

17 include kidnapping or an attempt to kidnap, aggra18 vated sexual abuse or an attempt to commit aggra19 vated sexual abuse, or an attempt to kill’’ after ‘‘death

20 results’’;

21 (2) in subsection (c)(2)—

22 (A) by striking ‘‘serious’’; and

23 (B) by inserting ‘‘from the acts committed

24 in violation of this section or if such acts include

25 the use, attempted use, or threatened use of a
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1 dangerous weapon, explosives, or fire’’ after

2 ‘‘bodily injury results’’; and

3 (3) by amending subsection (e) to read as fol4 lows:

5 ‘‘(e) As used in this section, the term ‘religious prop6 erty’ means any church, synagogue, mosque, religious ceme7 tery, or other religious property.’’.

8 (e) FAIR HOUSING ACT.—Section 901 of the Fair

9 Housing Act (42 U.S.C. 3631) is amended—

10 (1) in the caption by striking ‘‘bodily injury;

11 death;’’;

12 (2) by striking ‘‘not more than $1,000,’’ and in13 serting ‘‘under this title’’;

14 (3) by inserting ‘‘from the acts committed in vio15 lation of this section or if such acts include the use,

16 attempted use, or threatened use of a dangerous weap17 on, explosives, or fire’’ after ‘‘bodily injury results’’;

18 (4) by striking ‘‘not more than $10,000,’’ and in19 serting ‘‘under this title’’;

20 (5) by inserting ‘‘from the acts committed in vio21 lation of this section or if such acts include kidnap22 ping or an attempt to kidnap, aggravated sexual

23 abuse or an attempt to commit aggravated sexual

24 abuse, or an attempt to kill,’’ after ‘‘death results’’;
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1 (6) by striking ‘‘subject to imprisonment’’ and

2 inserting ‘‘fined under this title or imprisoned’’; and

3 (7) by inserting ‘‘, or both’’ after ‘‘life’’.

4 SEC. 2904. PENALTIES FOR TRAFFICKING IN COUNTERFEIT

5 GOODS AND SERVICES.

6 (a) IN GENERAL.—Section 2320(a) of title 18, United

7 States Code, is amended—

8 (1) in the first sentence—

9 (A) by striking ‘‘Whoever’’ and inserting ‘‘A

10 person who’’; and

11 (B) by striking ‘‘if an individual, be fined

12 not more than $250,000 or imprisoned not more

13 than 5 years, or both, and, if a person other than

14 an individual, be fined not more than

15 $1,000,000’’ and inserting ‘‘be imprisoned not

16 more than 10 years, fined under this title, or

17 both’’; and

18 (2) in the second sentence by striking ‘‘if an in19 dividual, shall be fined not more than $1,000,000 or

20 imprisoned not more than fifteen years, or both, and,

21 if other than an individual, shall be fined not more

22 than $5,000,000’’ and inserting ‘‘shall be imprisoned

23 not more than 20 years, fined under this title, or

24 both’’.
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1 (b) LAUNDERING MONETARY INSTRUMENTS.—Section

2 1956(c)(7)(D) of title 18, United States Code, is amended

3 by striking ‘‘or section 2319 (relating to copyright infringe4 ment),’’ and inserting ‘‘section 2319 (relating to copyright

5 infringement), or section 2320 (relating to trafficking in

6 counterfeit goods and services),’’.

7 SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COM8 MIT MURDER FOR HIRE.

9 Section 1958(a) of title 18, United States Code, is

10 amended by inserting ‘‘or who conspires to do so’’ before

11 ‘‘shall be fined’’ the first place it appears.

12 SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLA13 TIONS.

14 Section 1952(a) of title 18, United States Code, is

15 amended by striking ‘‘and thereafter performs or attempts

16 to perform any of the acts specified in subparagraphs (1),

17 (2), and (3), shall be fined not more than $10,000 or im18 prisoned for not more than 5 years, or both’’ and inserting

19 ‘‘and thereafter performs or attempts to perform (A) any

20 of the acts described in paragraphs (1) and (3) shall be

21 fined under this title, imprisoned for not more than 5 years,

22 or both, or (B) any of the acts described in paragraph (2)

23 shall be fined under this title, imprisoned for not more than

24 20 years, or both, and if death results shall be imprisoned

25 for any term of years or for life’’.
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1 SEC. 2907. INCREASED PENALTIES FOR ARSON.

2 Section 844 of title 18, United States Code, is amend3 ed—

4 (1) in subsection (f)—

5 (A) by striking ‘‘not more than ten years, or

6 fined not more than $10,000’’ and inserting ‘‘not

7 less than five years and not more than 20 years,

8 fined the greater of $100,000 or the cost of re9 pairing or replacing any property that is dam10 aged or destroyed’’; and

11 (B) by striking ‘‘not more than twenty

12 years, or fined not more than $10,000’’ and in13 serting ‘‘not less than five years and not more

14 than 40 years, fined the greater of $200,000 or

15 the cost of repairing or replacing any property

16 that is damaged or destroyed’’;

17 (2) in subsection (h)—

18 (A) in the first sentence by striking ‘‘five

19 years’’ and inserting ‘‘10 years’’; and

20 (B) in the second sentence by striking ‘‘ten

21 years’’ and inserting ‘‘20 years’’; and

22 (3) in subsection (i)—

23 (A) by striking ‘‘not more than ten years or

24 fined not more than $10,000’’ and inserting ‘‘not

25 less than five years and not more than 20 years,

26 fined the greater of $100,000 or the cost of re-
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1 pairing or replacing any property that is dam2 aged or destroyed’’; and

3 (B) by striking ‘‘not more than twenty

4 years or fined not more than $10,000’’ and in5 serting ‘‘not less than five years and not more

6 than 40 years, fined the greater of $200,000 or

7 the cost of repairing or replacing any property

8 that is damaged or destroyed’’.

9 Subtitle B—Extension of Protection

10 of Civil Rights Statutes

11 SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS

12 STATUTES.

13 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

14 title 18, United States Code, is amended by striking ‘‘inhab15 itant of’’ and inserting ‘‘person in’’.

16 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

17 LAW.—Section 242 of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘inhabitant of’’ and inserting

20 ‘‘person in’’; and

21 (2) by striking ‘‘such inhabitant’’ and inserting

22 ‘‘such person’’.
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1 Subtitle C—Audit and Report

2 SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL

3 LAW ENFORCEMENT AGENCIES RECEIVING

4 FEDERAL ASSET FORFEITURE FUNDS.

5 (a) STATE REQUIREMENT.—Section 524(c)(7) of title

6 28, United States Code, is amended to read as follows:

7 ‘‘(7)(A) The Fund shall be subject to annual

8 audit by the Comptroller General.

9 ‘‘(B) The Attorney General shall require that

10 any State or local law enforcement agency receiving

11 funds conduct an annual audit detailing the uses and

12 expenses to which the funds were dedicated and the

13 amount used for each use or expense and report the

14 results of the audit to the Attorney General.’’.

15 (b) INCLUSION IN ATTORNEY GENERAL’S REPORT.—

16 Section 524(c)(6)(C) of title 28, United States Code, is

17 amended by adding at the end the following flush sentence:

18 ‘‘The report should also contain all annual audit reports

19 from State and local law enforcement agencies required to

20 be reported to the Attorney General under subparagraph

21 (B) of paragraph (7).’’.

22 SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE

23 AND CONTRACTING EXPENSES.

24 Section 524(c)(6) of title 28, United States Code, is

25 amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (B);

3 (2) by striking the period at the end of subpara4 graph (C) and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(D) a report for such fiscal year containing a

8 description of the administrative and contracting ex9 penses paid from the Fund under paragraph (1)(A).’’.

10 Subtitle D—Gambling

11 SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR

12 THE ENFORCEMENT OF LAWS RELATING TO

13 GAMING.

14 A State gaming enforcement office located within a

15 State Attorney General’s office may obtain from the Inter16 state Identification Index of the FBI criminal history

17 record information for licensing purposes through an au18 thorized criminal justice agency.

19 SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF

20 PROHIBITION AGAINST GAMBLING ON SHIPS

21 IN INTERNATIONAL WATERS.

22 (a) The first paragraph of section 1081 of title 18,

23 United States Code, is amended by adding at the end the

24 following: ‘‘Such term does not include a vessel with respect

25 to gambling aboard such vessel beyond the territorial waters
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1 of the United States during a covered voyage (as defined

2 in section 4472 of the Internal Revenue Code of 1986 in

3 effect as of September 21, 1993).’’.

4 Subtitle E—White Collar Crime

5 Amendments

6 SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR

7 KIDNAPPING.

8 (a) PROCEEDS OF EXTORTION.—Chapter 41 of title

9 18, United States Code, is amended—

10 (1) by adding at the end the following new sec11 tion:

12 ‘‘§ 880. Receiving the proceeds of extortion

13 ‘‘A person who receives, possesses, conceals, or disposes

14 of any money or other property which was obtained from

15 the commission of any offense under this chapter that is

16 punishable by imprisonment for more than 1 year, knowing

17 the same to have been unlawfully obtained, shall be impris18 oned not more than 3 years, fined under this title, or both.’’;

19 and

20 (2) in the table of sections, by adding at the end

21 the following new item:

‘‘880. Receiving the proceeds of extortion.’’.

22 (b) RANSOM MONEY.—Section 1202 of title 18, United

23 States Code, is amended—

24 (1) by designating the existing matter as sub25 section ‘‘(a)’’; and
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1 (2) by adding the following new subsections:

2 ‘‘(b) A person who transports, transmits, or transfers

3 in interstate or foreign commerce any proceeds of a kidnap4 ping punishable under State law by imprisonment for more

5 than 1 year, or receives, possesses, conceals, or disposes of

6 any such proceeds after they have crossed a State or United

7 States boundary, knowing the proceeds to have been unlaw8 fully obtained, shall be imprisoned not more than 10 years,

9 fined under this title, or both.

10 ‘‘(c) For purposes of this section, the term ‘State’ has

11 the meaning set forth in section 245(d) of this title.’’.

12 SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROB13 BERY.

14 Section 2114 of title 18, United States Code, is amend15 ed—

16 (1) by designating the existing matter as sub17 section (a); and

18 (2) by adding at the end the following new

19 subsection:

20 ‘‘(b) A person who receives, possesses, conceals, or dis21 poses of any money or other property which has been ob22 tained in violation of this section, knowing the same to have

23 been unlawfully obtained, shall be imprisoned not more

24 than 10 years, fined under this title, or both.’’.
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1 SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF

2 CIVIL INVESTIGATIVE DEMAND STATUTE.

3 Section 1505 of title 18, United States Code, is amend4 ed by inserting ‘‘section 1968 of this title, section 3733 of

5 title 31, United States Code or’’ before ‘‘the Antitrust Civil

6 Process Act’’.

7 SEC. 2944. CONFORMING ADDITION OF PREDICATE OF8 FENSES TO FINANCIAL INSTITUTIONS RE9 WARDS STATUTE.

10 Section 3059A of title 18, United States Code, is

11 amended—

12 (1) by inserting ‘‘225,’’ after ‘‘215’’;

13 (2) by striking ‘‘or’’ before ‘‘1344’’; and

14 (3) by inserting ‘‘, or 1517’’ after ‘‘1344’’.

15 SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIA16 TION IN BANK ROBBERY STATUTE.

17 Section 2113 of title 18, United States Code, is amend18 ed by adding at the end the following:

19 ‘‘(h) As used in this section, the term ‘savings and loan

20 association’ means (1) any Federal savings association or

21 State savings association (as defined in section 3(b) of the

22 Federal Deposit Insurance Act, 12 U.S.C. 1813(b)) having

23 accounts insured by the Federal Deposit Insurance Cor24 poration, and (2) any corporation described in section

25 3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C.
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1 1813(b)(1)(C)) which is operating under the laws of the

2 United States.’’.

3 SEC. 2946. CONFORMING DEFINITION OF ‘‘1-YEAR PERIOD’’

4 IN 18 U.S.C. 1516.

5 Section 1516(b) of title 18, United States Code, is

6 amended—

7 (1) by inserting ‘‘(i)’’ before ‘‘the term’’; and

8 (2) by inserting before the period the following:

9 ‘‘, and (ii) the term ‘in any 1 year period’ has the

10 meaning given to the term ‘in any 1-year period’ in

11 section 666 of this title.’’.

12 Subtitle F—Safer Streets and

13 Neighborhoods

14 SEC. 2951. SHORT TITLE.

15 This subtitle may be cited as the ‘‘Safer Streets and

16 Neighborhoods Act of 1993’’.

17 SEC. 2952. LIMITATION ON GRANT DISTRIBUTION.

18 (a) AMENDMENT.—Section 510(b) of title I of the Om19 nibus Crime Control and Safe Streets Act of 1968 (42

20 U.S.C. 3760(b)) is amended by inserting ‘‘non-Federal’’

21 after ‘‘with’’.

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on October 1, 1993.
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1 Subtitle G—Other Provisions

2 SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELAT3 ED OFFENSES.

4 (a) IN GENERAL.—Chapter 211 of title 18, United

5 States Code, is amended by inserting after section 3238 the

6 following new section:

7 ‘‘§ 3239. Optional venue for espionage and related of8 fenses

9 ‘‘The trial for any offense involving a violation, begun

10 or committed upon the high seas or elsewhere out of the ju11 risdiction of any particular State or district, of—

12 ‘‘(1) section 793, 794, 798, or section 1030(a)(1)

13 of this title;

14 ‘‘(2) section 601 of the National Security Act of

15 1947 (50 U.S.C. 421); or

16 ‘‘(3) section 4(b) or 4(c) of the Subversive Activi17 ties Control Act of 1950 (50 U.S.C. 783 (b) or (c));

18 may be in the District of Columbia or in any other district

19 authorized by law.’’.

20 (b) TECHNICAL AMENDMENT.—The item relating to

21 section 3239 in the table of sections of chapter 211 of title

22 18, United States Code, is amended to read as follows:

‘‘3239. Optional venue for espionage and related offense.’’.
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1 SEC. 2962. UNDERCOVER OPERATIONS.

2 (a) IN GENERAL.—Chapter 1 of title 18, United States

3 Code, is amended by adding at the end the following new

4 section:

5 ‘‘§ 21. Stolen or counterfeit nature of property for cer6 tain crimes defined

7 ‘‘(a) Wherever in this title it is an element of an offense

8 that—

9 ‘‘(1) any property was embezzled, robbed, stolen,

10 converted, taken, altered, counterfeited, falsely made,

11 forged, or obliterated; and

12 ‘‘(2) the defendant knew that the property was of

13 such character;

14 such element may be established by proof that the defendant,

15 after or as a result of an official representation as to the

16 nature of the property, believed the property to be embezzled,

17 robbed, stolen, converted, taken, altered, counterfeited, false18 ly made, forged, or obliterated.

19 ‘‘(b) For purposes of this section, the term ‘official rep20 resentation’ means any representation made by a Federal

21 law enforcement officer (as defined in section 115) or by

22 another person at the direction or with the approval of such

23 an officer.’’.

24 (b) TECHNICAL AMENDMENT.—The table of sections of

25 chapter 1 of title 18, United States Code, is amended by

26 adding at the end the following new item:
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‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.

1 SEC. 2963. UNDERCOVER OPERATIONS—CHURNING.

2 Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988

3 (relating to effective date) is amended to read as follows:

4 ‘‘(3) EFFECTIVE DATE.—The amendments made

5 by this subsection shall take effect on the date of the

6 enactment of this Act and shall cease to apply after

7 December 31, 1994.’’.

8 SEC. 2964. REPORT ON BATTERED WOMEN’S SYNDROME.

9 (a) REPORT.—Not less than 1 year after the date of

10 enactment of this Act, the Attorney General and the Sec11 retary of Health and Human Services shall transmit to the

12 Congress a report on the medical and psychological basis

13 of ‘‘battered women’s syndrome’’ and on the extent to which

14 evidence of the syndrome has been held to be admissible as

15 evidence of guilt or as a defense in a criminal trial.

16 (b) COMPONENTS OF THE REPORT.—The report de17 scribed in subsection (a) shall include—

18 (1) medical and psychological testimony on the

19 validity of battered women’s syndrome as a psycho20 logical condition;

21 (2) a compilation of State and Federal court

22 cases that have admitted evidence of battered women’s

23 syndrome as evidence of guilt as a defense in criminal

24 trials; and
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1 (3) an assessment by State and Federal judges,

2 prosecutors, and defense attorneys on the effects that

3 evidence of battered women’s syndrome may have in

4 criminal trials.

5 SEC. 2965. WIRETAPS.

6 Section 2511(1) of title 18, United States Code, is

7 amended—

8 (1) by striking ‘‘or’’ at the end of paragraph (c);

9 (2) by inserting ‘‘or’’ at the end of paragraph

10 (d); and

11 (3) by adding after paragraph (d) the following

12 new paragraph:

13 ‘‘(e)(i) intentionally discloses, or endeavors to

14 disclose, to any other person the contents of any wire,

15 oral, or electronic communication, intercepted by

16 means authorized by sections 2511(2)(A)(ii), 2511(b)–

17 (c), 2511(e), 2516, and 2518 of this subchapter, (ii)

18 knowing or having reason to know that the informa19 tion was obtained through the interception of such a

20 communication in connection with a criminal inves21 tigation, (iii) having obtained or received the infor22 mation in connection with a criminal investigation,

23 (iv) with intent to improperly obstruct, impede, or

24 interfere with a duly authorized criminal investiga25 tion,’’.
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1 SEC. 2966. THEFT OF MAJOR ARTWORK.

2 (a) OFFENSE.—Chapter 31 of title 18, United States

3 Code, is amended by adding at the end the following new

4 section:

5 ‘‘§ 668. Theft of major artwork

6 ‘‘(a) DEFINITIONS.—In this section—

7 ‘‘ ‘museum’ means an organized and permanent

8 institution, the activities of which affect interstate or

9 foreign commerce, that—

10 ‘‘(A) is situated in the United States;

11 ‘‘(B) is established for an essentially edu12 cational or aesthetic purpose;

13 ‘‘(C) has a professional staff; and

14 ‘‘(D) owns, utilizes, and cares for tangible

15 objects that are exhibited to the public on a regu16 lar schedule.

17 ‘‘ ‘object of cultural heritage’ means an object of

18 art or cultural significance that is registered with the

19 International Foundation for Art Research or an

20 equivalent registry.’’.

21 ‘‘(b) OFFENSES.—A person who—

22 ‘‘(1) steals or obtains by fraud from the care,

23 custody, or control of a museum any object of cultural

24 heritage; or

25 ‘‘(2) knowing that an object of cultural heritage

26 has been stolen or obtained by fraud, if in fact the ob-
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1 ject was stolen or obtained from the care, custody, or

2 control of a museum (whether or not that fact is

3 known to the person), receives, conceals, exhibits, or

4 disposes of the object,

5 shall be fined under this title, imprisoned not more than

6 10 years, or both.’’.

7 (b) FORFEITURE.—

8 (1) CIVIL.—Section 981(a)(1)(C) of title 18,

9 United States Code, is amended by inserting ‘‘668,’’

10 after ‘‘657,’’.

11 (2) CRIMINAL.—Section 982(a)(2) of title 18,

12 United States Code, is amended by inserting ‘‘668,’’

13 after ‘‘545’’.

14 (c) PERIOD OF LIMITATION.—Chapter 213 of title 18,

15 United States Code, is amended by adding at the end the

16 following new section:

17 ‘‘§ 3294. Theft of major artwork

18 ‘‘No person shall be prosecuted, tried, or punished for

19 a violation of or conspiracy to violate section 668 unless

20 the indictment is returned or the information is filed within

21 20 years after the commission of the offense.’’.

22 (d) TECHNICAL AMENDMENTS.—

23 (1) CHAPTER 31.—The chapter analysis for

24 chapter 31 of title 18, United States Code, is amended

25 by adding at the end the following new item:

‘‘668. Theft of major artwork.’’.
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1 (2) CHAPTER 213.—The chapter analysis for

2 chapter 31 of title 18, United States Code, is amended

3 by adding at the end the following new item:

‘‘3294. Theft of major artwork.’’.

4 SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.

5 (a) FINDINGS.—The Congress finds that—

6 (1) an adequately supported Federal judiciary is

7 essential to the enforcement of law and order in the

8 United States,

9 (2) section 331 of title 28 provides in pertinent

10 part that the Chief Justice shall submit to Congress

11 an annual report of the proceedings of the Judicial

12 Conference and its recommendations for legislation,

13 (3) in 1990, in response to the recommendations

14 of the Judicial Conference for additional judgeships,

15 Congress enacted legislation creating 85 additional

16 judgeships with an effective date of December 1, 1990,

17 (4) during the previous administration, it took

18 an average of 502 days from the time a judgeship be19 came vacant until such vacancy was filled,

20 (5) the enactment of legislation providing addi21 tional funding for the investigation and prosecution

22 facets of the criminal justice system has a direct and

23 positive impact on the needs and workload of the Ju24 diciary, which is already severely overloaded with

25 criminal cases,
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1 (6) recommendations by the Judicial Conference

2 for the filling of judicial vacancies are currently made

3 on the basis of historical data alone,

4 (7) the General Accounting Office, pursuant to

5 the 1988 Anti-Drug Abuse Act, has developed a com6 puter model that measures the potential effect of fiscal

7 increases on one or more parts of the criminal justice

8 system on the Judiciary,

9 (8) the General Accounting Office has established

10 that an increase in the resources allocated to the in11 vestigative and prosecutorial parts of the criminal

12 justice system, brings about an increase in the num13 ber of criminal cases filed, which in turn adds to the

14 need for additional judgeships,

15 (9) the allocation of resources to portions of the

16 Federal criminal justice system other than the Judici17 ary contributes to the need for additional judgeships

18 that cannot be anticipated by the use of historical

19 data alone, and

20 (10) the use of historical data alone, because of

21 its inability to project the need for additional judge22 ships attributable to the increase in criminal caseload

23 adds to the delay in meeting the needs of the Judici24 ary.
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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that the Judicial Conference should be encouraged to

3 make its recommendations to Congress for additional judge4 ships utilizing historical data and a workload estimate

5 model designed to anticipate an increase in criminal filings

6 resulting from increased funding in one or more compo7 nents of the Federal criminal justice system, and to take

8 into account the time expended in the appointive and con9 firmation process.

10 SEC. 2968. MISUSE OF INITIALS ‘‘DEA’’.

11 (a) AMENDMENT.—Section 709 of title 18, United

12 States Code, is amended—

13 (1) in the thirteenth unnumbered paragraph by

14 striking ‘‘words—’’ and inserting ‘‘words; or’’; and

15 (2) by inserting after the thirteenth unnumbered

16 paragraph the following new paragraph:

17 ‘‘A person who, except with the written permission of

18 the Administrator of the Drug Enforcement Administra19 tion, knowingly uses the words ‘Drug Enforcement Admin20 istration’ or the initials ‘DEA’ or any colorable imitation

21 of such words or initials, in connection with any advertise22 ment, circular, book, pamphlet, software or other publica23 tion, play, motion picture, broadcast, telecast, or other pro24 duction, in a manner reasonably calculated to convey the

25 impression that such advertisement, circular, book, pam-
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1 phlet, software or other publication, play, motion picture,

2 broadcast, telecast, or other production is approved, en3 dorsed, or authorized by the Drug Enforcement Administra4 tion;’’.

5 (b) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall become effective on the date that is 90 days

7 after the date of enactment of this Act.

8 SEC. 2969. ADDITION OF ATTEMPTED ROBBERY, KIDNAP9 PING, SMUGGLING, AND PROPERTY DAMAGE

10 OFFENSES TO ELIMINATE INCONSISTENCIES

11 AND GAPS IN COVERAGE.

12 (a) ROBBERY AND BURGLARY.—(1) Section 2111 of

13 title 18, United States Code, is amended by inserting ‘‘or

14 attempts to take’’ after ‘‘takes’’.

15 (2) Section 2112 of title 18, United States Code, is

16 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

17 (3) Section 2114 of title 18, United States Code, is

18 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

19 (b) KIDNAPPING.—Section 1201(d) of title 18, United

20 States Code, is amended by striking ‘‘Whoever attempts to

21 violate subsection (a)(4) or (a)(5)’’ and inserting ‘‘Whoever

22 attempts to violate subsection (a)’’.

23 (c) SMUGGLING.—Section 545 of title 18, United

24 States Code, is amended by inserting ‘‘or attempts to smug-
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1 gle or clandestinely introduce’’ after ‘‘smuggles, or clandes2 tinely introduces’’.

3 (d) MALICIOUS MISCHIEF.—(1) Section 1361 of title

4 18, United States Code, is amended—

5 (A) by inserting ‘‘or attempts to commit any of

6 the foregoing offenses’’ before ‘‘shall be punished’’, and

7 (B) by inserting ‘‘or attempted damage’’ after

8 ‘‘damage’’ each place it appears.

9 (2) Section 1362 of title 18, United States Code, is

10 amended by inserting ‘‘or attempts willfully or maliciously

11 to injure or destroy’’ after ‘‘willfully or maliciously injures

12 or destroys’’.

13 (3) Section 1366 of title 18, United States Code, is

14 amended—

15 (A) by inserting ‘‘or attempts to damage’’ after

16 ‘‘damages’’ each place it appears;

17 (B) by inserting ‘‘or attempts to cause’’ after

18 ‘‘causes’’; and

19 (C) by inserting ‘‘or would if the attempted of20 fense had been completed have exceeded’’ after ‘‘ex21 ceeds’’ each place it appears.

22 SEC. 2970. DEFINITION OF LIVESTOCK.

23 Section 2311 of title 18, United States Code, is amend24 ed by inserting after the second paragraph relating to the

25 definition of ‘‘cattle’’ the following new paragraph:
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1 ‘‘ ‘Livestock’ means any domestic animals raised for

2 home use, consumption, or profit, such as horses, pigs,

3 goats, fowl, sheep, and cattle, or the carcasses thereof.’’.

4 SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR

5 ARSON.

6 Section 844(i) of title 18, United States Code, is

7 amended by adding at the end the following: ‘‘No person

8 shall be prosecuted, tried, or punished for any noncapital

9 offense under this subsection unless the indictment is found

10 or the information is instituted within 10 years after the

11 date on which the offense was committed.’’.

12 SEC. 2972. GUN-FREE SCHOOL ZONES.

13 (a) AMENDMENT OF TITLE 18, UNITED STATES

14 CODE.—Section 922(q) of title 18 , United States Code, is

15 amended—

16 (1) by redesignating paragraphs (1), (2), and (3)

17 as paragraphs (2), (3), and (4), respectively; and

18 (2) by inserting after ‘‘(q)’’ the following new

19 paragraph:

20 ‘‘(1) The Congress finds and declares that—

21 ‘‘(A) crime, particularly crime involving drugs

22 and guns, is a pervasive, nationwide problem;

23 ‘‘(B) crime at the local level is exacerbated by the

24 interstate movement of drugs, guns, and criminal

25 gangs;
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1 ‘‘(C) firearms and ammunition move easily in

2 interstate commerce and have been found in increas3 ing numbers in and around schools, as documented in

4 numerous hearings in both the Judiciary Committee

5 of the House of Representatives and Judiciary Com6 mittee of the Senate;

7 ‘‘(D) in fact, even before the sale of a firearm,

8 the gun, its component parts, ammunition, and the

9 raw materials from which they are made have consid10 erably moved in interstate commerce;

11 ‘‘(E) while criminals freely move from State to

12 State, ordinary citizens and foreign visitors may fear

13 to travel to or through certain parts of the country

14 due to concern about violent crime and gun violence,

15 and parents may decline to send their children to

16 school for the same reason;

17 ‘‘(F) the occurrence of violent crime in school

18 zones has resulted in a decline in the quality of edu19 cation in our country;

20 ‘‘(G) this decline in the quality of education has

21 an adverse impact on interstate commerce and the

22 foreign commerce of the United States;

23 ‘‘(H) States, localities, and school systems find it

24 almost impossible to handle gun-related crime by

25 themselves; even States, localities, and school systems
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1 that have made strong efforts to prevent, detect, and

2 punish gun-related crime find their efforts unavailing

3 due in part to the failure or inability of other States

4 or localities to take strong measures; and

5 ‘‘(I) Congress has power, under the interstate

6 commerce clause and other provisions of the Constitu7 tion, to enact measures to ensure the integrity and

8 safety of the Nation’s schools by enactment of this

9 subsection.’’.

10 TITLE XXX—TECHNICAL

11 CORRECTIONS

12 SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINAN13 CIAL ASSISTANCE FOR LAW ENFORCEMENT.

14 (a) CROSS REFERENCE CORRECTIONS.—(1) Section

15 506 of title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3756) is amended—

17 (1) in subsection (a) by striking ‘‘Of’’ and insert18 ing ‘‘Subject to subsection (f), of’’,

19 (2) in subsection (c) by striking ‘‘subsections (b)

20 and (c)’’ and inserting ‘‘subsection (b)’’,

21 (3) in subsection (e) by striking ‘‘or (e)’’ and in22 serting ‘‘or (f)’’,

23 (4) in subsection (f)(1)—

24 (A) in subparagraph (A)—
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1 (i) by striking ‘‘, taking into consider2 ation subsection (e) but’’, and

3 (ii) by striking ‘‘this subsection,’’ and

4 inserting ‘‘this subsection’’, and

5 (B) in subparagraph (B) by striking

6 ‘‘amount’’ and inserting ‘‘funds’’.

7 (b) CORRECTIONAL OPTIONS GRANTS.—(1) Section

8 515(b) of title I of the Omnibus Crime Control and Safe

9 Streets Act of 1968 is amended—

10 (A) by striking ‘‘subsection (a)(1) and (2)’’ and

11 inserting ‘‘paragraphs (1) and (2) of subsection (a)’’,

12 and

13 (B) in paragraph (2) by striking ‘‘States’’ and

14 inserting ‘‘public agencies’’.

15 (2) Section 516 of title I of the Omnibus Crime Control

16 and Safe Streets Act of 1968 is amended—

17 (A) in subsection (a) by striking ‘‘for section’’

18 each place it appears and inserting ‘‘shall be used to

19 make grants under section’’, and

20 (B) in subsection (b) by striking ‘‘section

21 515(a)(1) or (a)(3)’’ and inserting ‘‘paragraph (1) or

22 (3) of section 515(a)’’.

23 (c) DENIAL OR TERMINATION OF GRANT.—Section

24 802(b) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by

2 striking ‘‘M,,’’ and inserting ‘‘M,’’.

3 (d) DEFINITIONS.—Section 901(a)(21) of title I of the

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

5 U.S.C. 3791(21)) is amended by adding a semicolon at the

6 end.

7 (e) PUBLIC SAFETY OFFICERS DISABILITY BENE8 FITS.—Title I of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3796) is amended—

10 (1) in section 1201—

11 (A) in subsection (a) by striking ‘‘subsection

12 (g)’’ and inserting ‘‘subsection (h),’’, and

13 (B) in subsection (b)—

14 (i) by striking ‘‘subsection (g)’’ and in15 serting ‘‘subsection (h)’’,

16 (ii) by striking ‘‘personal’’, and

17 (iii) in the first proviso by striking

18 ‘‘section’’ and inserting ‘‘subsection’’, and

19 (2) in section 1204(3) by striking ‘‘who was re20 sponding to a fire, rescue or police emergency’’.

21 (f) HEADINGS.—(1) The heading for part M of title

22 I of the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3797) is amended to read as follows:
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1 ‘‘PART M—REGIONAL INFORMATION SHARING SYSTEMS’’.

2 (2) The heading for part O of title I of the Omnibus

3 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

4 3797) is amended to read as follows:

5 ‘‘PART O—RURAL DRUG ENFORCEMENT’’.

6 (g) TABLE OF CONTENTS.—The table of contents of

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

8 of 1968 is amended—

9 (1) in the item relating to section 501 by strik10 ing ‘‘Drug Control and System Improvement Grant’’

11 and inserting ‘‘drug control and system improvement

12 grant’’,

13 (2) in the item relating to section 1403 by strik14 ing ‘‘Application’’ and inserting ‘‘Applications’’, and

15 (3) in the items relating to part O by redesignat16 ing sections 1401 and 1402 as sections 1501 and

17 1502, respectively.

18 (h) OTHER TECHNICAL AMENDMENTS.—Title I of the

19 Omnibus Crime Control and Safe Streets Act of 1968 is

20 amended—

21 (1) in section 202(c)(2)(E) by striking ‘‘crime,,’’

22 and inserting ‘‘crime,’’,

23 (2) in section 302(c)(19) by striking a period at

24 the end and inserting a semicolon,

25 (3) in section 602(a)(1) by striking ‘‘chapter

26 315’’ and inserting ‘‘chapter 319’’,
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1 (4) in section 603(a)(6) by striking ‘‘605’’ and

2 inserting ‘‘606’’,

3 (5) in section 605 by striking ‘‘this section’’ and

4 inserting ‘‘this part’’,

5 (6) in section 606(b) by striking ‘‘and Statistics’’

6 and inserting ‘‘Statistics’’,

7 (7) in section 801(b)—

8 (A) by striking ‘‘parts D,’’ and inserting

9 ‘‘parts’’,

10 (B) by striking ‘‘part D’’ each place it ap11 pears and inserting ‘‘subpart 1 of part E’’,

12 (C) by striking ‘‘403(a)’’ and inserting

13 ‘‘501’’, and

14 (D) by striking ‘‘403’’ and inserting ‘‘503’’,

15 (8) in the first sentence of section 802(b) by

16 striking ‘‘part D,’’ and inserting ‘‘subpart 1 of part

17 E or under part’’,

18 (9) in the second sentence of section 804(b) by

19 striking ‘‘Prevention or’’ and inserting ‘‘Prevention,

20 or’’,

21 (10) in section 808 by striking ‘‘408, 1308,’’ and

22 inserting ‘‘507’’,

23 (11) in section 809(c)(2)(H) by striking ‘‘805’’

24 and inserting ‘‘804’’,
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1 (12) in section 811(e) by striking ‘‘Law Enforce2 ment Assistance Administration’’ and inserting ‘‘Bu3 reau of Justice Assistance’’,

4 (13) in section 901(a)(3) by striking ‘‘and,’’ and

5 inserting ‘‘, and’’,

6 (14) in section 1001(c) by striking ‘‘parts’’ and

7 inserting ‘‘part’’.

8 (i) CONFORMING AMENDMENT TO OTHER LAW.—Sec9 tion 4351(b) of title 18, United States Code, is amended

10 by striking ‘‘Administrator of the Law Enforcement Assist11 ance Administration’’ and inserting ‘‘Director of the Bu12 reau of Justice Assistance’’.

13 SEC. 3002. GENERAL TITLE 18 CORRECTIONS.

14 (a) SECTION 1031.—Section 1031(g)(2) of title 18,

15 United States Code, is amended by striking ‘‘a government’’

16 and inserting ‘‘a Government’’.

17 (b) SECTION 208.—Section 208(c)(1) of title 18, Unit18 ed States Code, is amended by striking ‘‘Banks’’ and insert19 ing ‘‘banks’’.

20 (c) SECTION 1007.—The heading for section 1007 of

21 title 18, United States Code, is amended by striking

22 ‘‘Transactions’’ and inserting ‘‘transactions’’ in lieu there23 of.
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1 (d) SECTION 1014.—Section 1014 of title 18, United

2 States Code, is amended by striking the comma which fol3 lows a comma.

4 (e) ELIMINATION OF OBSOLETE CROSS REFERENCE.—

5 Section 3293 of title 18, United States Code, is amended

6 by striking ‘‘1008,’’.

7 (f) ELIMINATION OF DUPLICATE SUBSECTION DES8 IGNATION.—Section 1031 of title 18, United States Code,

9 is amended by redesignating the second subsection (g) as

10 subsection (h).

11 (g) CLERICAL AMENDMENT TO PART I TABLE OF

12 CHAPTERS.—The item relating to chapter 33 in the table

13 of chapters for part I of title 18, United States Code, is

14 amended by striking ‘‘701’’ and inserting ‘‘700’’.

15 (h) AMENDMENT TO SECTION 924(a)(1)(b).—Section

16 924(a)(1)(B) of title 18, United States Code, is amended

17 by striking ‘‘(q)’’ and inserting ‘‘(r)’’.

18 (i) AMENDMENT TO SECTION 3143.—The last sentence

19 of section 3143(b) of title 18, United States Code, is amend20 ed by striking ‘‘(b)(2)(D)’’ and inserting ‘‘(1)(B)(iv)’’.

21 (j) AMENDMENT TO TABLE OF CHAPTERS.—The table

22 of chapters at the beginning of part I of title 18, United

23 States Code, is amended by striking the item relating to

24 the chapter 113A added by section 132 of Public Law 102–

25 27, but subsequently repealed.
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1 (k) PUNCTUATION CORRECTION.—Section

2 207(c)(2)(A)(ii) of title 18, United States Code, is amended

3 by striking the semicolon at the end and inserting a comma.

4 (l) TABLE OF CONTENTS CORRECTION.—The table of

5 contents for chapter 223 of title 18, United States Code,

6 is amended by adding at the end the following:

‘‘3509. Child Victims’ and child witnesses’ rights.’’.

7 (m) ELIMINATION OF SUPERFLUOUS COMMA.—Section

8 3742(b) of title 18, United States Code, is amended by strik9 ing ‘‘Government,’’ and inserting ‘‘Government’’.

10 SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REF11 ERENCES AND MISDESIGNATIONS.

12 (a) SECTION 1791 OF TITLE 18.—Section 1791(b) of

13 title 18, United States Code, is amended by striking ‘‘(c)’’

14 each place it appears and inserting ‘‘(d)’’.

15 (b) SECTION 1956 OF TITLE 18.—Section

16 1956(c)(7)(D) of title 18, United States Code, is amended

17 by striking ‘‘section 1822 of the Mail Order Drug Para18 phernalia Control Act (100 Stat. 3207–51; 21 U.S.C. 857)’’

19 and inserting ‘‘section 422 of the Controlled Substances Act

20 (21 U.S.C. 863)’’.

21 (c) SECTION 2703 OF TITLE 18.—Section 2703(d) of

22 title 18, United States Code, is amended by striking ‘‘sec23 tion 3126(2)(A)’’ and inserting ‘‘section 3127(2)(A)’’.

24 (d) SECTION 666 OF TITLE 18.—Section 666(d) of title

25 18, United States Code, is amended—
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1 (1) by redesignating the second paragraph (4) as

2 paragraph (5);

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

4 (3); and

5 (3) by striking the period at the end of para6 graph (4) and inserting ‘‘; and’’.

7 (e) SECTION 4247 OF TITLE 18.—Section 4247(h) of

8 title 18, United States Code, is amended by striking ‘‘sub9 section (e) of section 4241, 4243, 4244, 4245, or 4246,’’ and

10 inserting ‘‘subsection (e) of section 4241, 4244, 4245, or

11 4246, or subsection (f) of section 4243,’’.

12 (f) SECTION 408 OF THE CONTROLLED SUBSTANCE.—

13 Section 408(b)(2)(A) of the Controlled Substances Act (21

14 U.S.C. 848(b)(2)(A)) is amended by striking ‘‘subsection

15 (d)(1)’’ and inserting ‘‘subsection (c)(1)’’.

16 (g) MARITIME DRUG LAW ENFORCEMENT ACT.—(1)

17 Section 994(h) of title 28, United States Code, is amended

18 by striking ‘‘section 1 of the Act of September 15, 1980 (21

19 U.S.C. 955a)’’ each place it appears and inserting ‘‘the

20 Maritime Drug Law Enforcement Act (46 U.S.C. App.

21 1901 et seq.)’’.

22 (2) Section 924(e) of title 18, United States Code, is

23 amended by striking ‘‘the first section or section 3 of Public

24 Law 96–350 (21 U.S.C. 955a et seq.)’’ and inserting ‘‘the
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1 Maritime Drug Law Enforcement Act (46 U.S.C. App.

2 1901 et seq.)’’.

3 (h) SECTION 2596 OF THE CRIME CONTROL ACT OF

4 1990.—Section 2596(d) of the Crime Control Act of 1990

5 is amended, effective retroactively to the date of enactment

6 of such Act, by striking ‘‘951(c)(1)’’ and inserting

7 ‘‘951(c)(2)’’.

8 (i) SECTION 3143 OF TITLE 18.—The last sentence of

9 section 3143(b)(1) of title 18, United States Code, is amend10 ed by striking ‘‘(b)(2)(D)’’ and inserting ‘‘(1)(B)(iv)’’.

11 SEC. 3004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

12 Title 18, United States Code, is amended—

13 (1) in section 212, by striking ‘‘or of any Na14 tional Agricultural Credit Corporation,’’ and by

15 striking ‘‘or National Agricultural Credit Corpora16 tions,’’;

17 (2) in section 213, by striking ‘‘or examiner of

18 National Agricultural Credit Corporations’’;

19 (3) in section 709, by striking the seventh and

20 thirteenth paragraphs;

21 (4) in section 711, by striking the second para22 graph;

23 (5) by striking section 754, and amending the

24 table of sections for chapter 35 by striking the item

25 relating to section 754;
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1 (6) in sections 657 and 1006, by striking ‘‘Re2 construction Finance Corporation,’’, and by striking

3 ‘‘Farmers’ Home Corporation,’’;

4 (7) in section 658, by striking ‘‘Farmers’ Home

5 Corporation,’’;

6 (8) in section 1013, by striking ‘‘, or by any Na7 tional Agricultural Credit Corporation’’;

8 (9) in section 1160, by striking ‘‘white person’’

9 and inserting ‘‘non-Indian’’;

10 (10) in section 1698, by striking the second

11 paragraph;

12 (11) by striking sections 1904 and 1908, and

13 amending the table of sections for chapter 93 by strik14 ing the items relating to such sections;

15 (12) in section 1909, by inserting ‘‘or’’ before

16 ‘‘farm credit examiner’’ and by striking ‘‘or an exam17 iner of National Agricultural Credit Corporations,’’;

18 (13) by striking sections 2157 and 2391, and

19 amending the table of sections for chapters 105 and

20 115, respectively, by striking the items relating to

21 such sections;

22 (14) in section 2257 by striking the subsections

23 (f) and (g) that were enacted by Public Law 100–690;

24 (15) in section 3113, by striking the third para25 graph;
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1 (16) in section 3281, by striking ‘‘except for of2 fenses barred by the provisions of law existing on Au3 gust 4, 1939’’;

4 (17) in section 443, by striking ‘‘or (3) 5 years

5 after 12 o’clock noon of December 31, 1946,’’; and

6 (18) in sections 542, 544, and 545, by striking

7 ‘‘the Philippine Islands,’’.

8 SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOR9 EIGN CORRUPT PRACTICES ACT.

10 Section 104 of the Foreign Corrupt Practices Act of

11 1977 (15 U.S.C. 78dd–2) is amended, in subsection (a)(3),

12 by striking ‘‘issuer’’ and inserting in lieu thereof ‘‘domestic

13 concern’’.

14 SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVI15 SION IN 18 U.S.C. 1116.

16 Section 1116(a) of title 18, United States Code, is

17 amended by striking ‘‘, and any such person who is found

18 guilty of attempted murder shall be imprisoned for not more

19 than 20 years’’.

20 SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.

21 Section 1864(c) of title 18, United States Code, is

22 amended by striking ‘‘(b) (3), (4), or (5)’’ and inserting

23 in lieu thereof ‘‘(b)(5)’’.
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1 SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAM2 MATICAL ERRORS.

3 Title 18, United States Code, is amended—

4 (1) in section 513(c)(4), by striking ‘‘association

5 or persons’’ and inserting in lieu thereof ‘‘association

6 of persons’’;

7 (2) in section 1956(e), by striking

8 ‘‘Evironmental’’ and inserting in lieu thereof ‘‘Envi9 ronmental’’;

10 (3) in section 3125, by striking the quotation

11 marks in paragraph (a)(2), and by striking ‘‘provider

12 for’’ and inserting in lieu thereof ‘‘provider of’’ in

13 subsection (d);

14 (4) in section 3731, by striking ‘‘order of a dis15 trict courts’’ and inserting in lieu thereof ‘‘order of a

16 district court’’ in the second undesignated paragraph;

17 (5) in section 151, by striking ‘‘mean’’ and in18 serting ‘‘means’’;

19 (6) in section 208(b), by inserting ‘‘if’’ after

20 ‘‘(4)’’;

21 (7) in section 209(d), by striking ‘‘under the

22 terms of the chapter 41’’ and inserting ‘‘under the

23 terms of chapter 41’’;

24 (8) in section 1014, by inserting a comma after

25 ‘‘National Credit Union Administration Board’’; and
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1 (9) in section 3291, by striking ‘‘the afore-men2 tioned’’ and inserting ‘‘such’’.

3 SEC. 3009. OTHER TECHNICAL AMENDMENTS.

4 (a) SECTION 419 OF CONTROLLED SUBSTANCES

5 ACT.—Section 419(b) of the Controlled Substances Act (21

6 U.S.C. 860(b)) is amended by striking ‘‘years Penalties’’

7 and inserting ‘‘years. Penalties’’.

8 (b) SECTION 667.—Section 667 of title 18, United

9 States Code, is amended by adding at the end the following:

10 ‘‘The term ‘livestock’ has the meaning set forth in section

11 2311 of this title.’’.

12 (c) SECTION 1114.—Section 1114 of title 18, United

13 States Code, is amended by striking ‘‘or any other officer,

14 agency, or employee of the United States’’ and inserting

15 ‘‘or any other officer or employee of the United States or

16 any agency thereof’’.

17 (d) SECTION 408 OF CONTROLLED SUBSTANCES

18 ACT.—Section 408(q)(8) of the Controlled Substances Act

19 (21 U.S.C. 848(q)(8)) is amended by striking ‘‘applications,

20 for writ’’ and inserting ‘‘applications for writ’’.

21 SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING CODI22 FICATION.

23 Title 18, United States Code, is amended—

24 (1) in section 212, by striking ‘‘218’’ and insert25 ing ‘‘213’’;
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1 (2) in section 1917—

2 (A) by striking ‘‘Civil Service Commission’’

3 and inserting ‘‘Office of Personnel Management’’;

4 and

5 (B) by striking ‘‘the Commission’’ in para6 graph (1) and inserting ‘‘such Office’’;

7 (3) by transferring the table of sections for each

8 subchapter of each of chapters 227 and 229 to follow

9 the heading of that subchapter;

10 (4) so that the heading of section 1170 reads as

11 follows:

12 ‘‘§ 1170. Illegal trafficking in Native American

13 human remains and cultural items’’;

14 (5) so that the item relating to section 1170 in

15 the table of sections at the beginning of chapter 53

16 reads as follows:

‘‘1170. Illegal trafficking in Native American human remains and cultural

items.’’;

17 (6) in section 3509(a), by striking paragraph

18 (11) and redesignating paragraphs (12) and (13) as

19 paragraphs (11) and (12), respectively;

20 (7) in section 3509—

21 (A) by striking out ‘‘subdivision’’ each place

22 it appears and inserting ‘‘subsection’’; and

23 (B) by striking out ‘‘government’’ each

24 place it appears and inserting ‘‘Government’’;
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1 (8) in section 2252(a)(3)(B), by striking

2 ‘‘materails’’ and inserting ‘‘materials’’;

3 (9) in section 14, by striking ‘‘45,’’ and ‘‘608,

4 611, 612,’’;

5 (10) in section 3059A—

6 (A) in subsection (b), by striking ‘‘this sub7 section’’ and inserting ‘‘subsection’’; and

8 (B) in subsection (c), by striking ‘‘this sub9 section’’ and inserting ‘‘subsection’’;

10 (11) in section 1761(c)—

11 (A) by striking ‘‘and’’ at the end of para12 graph (1);

13 (B) by inserting ‘‘and’’ at the end of para14 graph (3); and

15 (C) by striking the period at the end of

16 paragraph (2)(B) and inserting a semicolon;

17 (12) in the table of sections at the beginning of

18 chapter 11—

19 (A) in the item relating to section 203, by

20 inserting a comma after ‘‘officers’’ and by strik21 ing the comma after ‘‘others’’; and

22 (B) in the item relating to section 204, by

23 inserting ‘‘the’’ before ‘‘United States Court of

24 Appeals for the Federal Circuit’’;
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1 (13) in the table of sections at the beginning of

2 chapter 23, in the item relating to section 437, by

3 striking the period immediately following ‘‘Indians’’;

4 (14) in the table of sections at the beginning of

5 chapter 25, in the item relating to section 491, by

6 striking the period immediately following ‘‘paper used

7 as money’’;

8 (15) in section 207(a)(3), by striking ‘‘Clarifica9 tion of Restrictions’’ and inserting ‘‘Clarification of

10 restrictions’’;

11 (16) in section 176, by striking ‘‘the govern12 ment’’ and inserting ‘‘the Government’’;

13 (17) in section 3059A(e)(2)(iii), by striking

14 ‘‘backpay’’ and inserting ‘‘back pay’’; and

15 (18) by adding a period at the end of the item

16 relating to section 3059A in the table of sections at

17 the beginning of chapter 203.

18 SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR

19 AMENDMENTS.

20 (a) INCORRECT REFERENCE AND PUNCTUATION COR21 RECTION.—(1) Section 2587(b) of the Crime Control Act of

22 1990 is repealed, effective on the date such section took ef23 fect.

24 (2) Section 2587(b) of Public Law 101–647 is amend25 ed, effective the date such section took effect, by striking
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1 ‘‘The chapter heading for’’ and inserting ‘‘The table of sec2 tions at the beginning of’’.

3 (3) The item relating to section 3059A in the table of

4 sections at the beginning of chapter 203 of title 18, United

5 States Code, is amended by adding a period at the end.

6 (b) LACK OF PUNCTUATION IN STRICKEN LAN7 GUAGE.—Section 46(b) of Public Law 99–646 is amended,

8 effective on the date such section took effect, so that—

9 (A) in paragraph (1), the matter proposed to be

10 stricken from the beginning of section 201(b) of title

11 18, United States Code, reads ‘‘(b) Whoever, directly’’;

12 and

13 (B) in paragraph (2), a comma, rather than a

14 semicolon, appears after ‘‘his lawful duty’’ in the

15 matter to be stricken from paragraph (3) of section

16 201(b) of such title.

17 (c) BIOLOGICAL WEAPONS.—(1) Section 3 of the Bio18 logical Weapons Anti-Terrorism Act of 1989 is amended,

19 effective on the date such section took effect in subsection

20 (b), by striking ‘‘2516(c)’’ and inserting ‘‘2516(1)(c)’’.

21 (2) The item in the table of chapters for part I of title

22 18, United States Code, that relates to chapter 10 is amend23 ed by striking ‘‘Weapons’’ and inserting ‘‘weapons’’.

24 (d) PLACEMENT OF NEW SECTION.—Section 404(a) of

25 Public Law 101–630 is amended, effective on the date such
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1 section took effect, by striking ‘‘adding at the end thereof’’

2 each place it appears and inserting ‘‘inserting after section

3 1169’’.

4 (e) ELIMINATION OF ERRONEOUS CHARACTERIZATION

5 OF MATTER INSERTED.—Section 225(a) of Public Law

6 101–674 is amended, effective on the date such section took

7 effect, by striking ‘‘new rule’’.

8 (f) CLARIFICATION OF PLACEMENT OF AMENDMENT.—

9 Section 1205(c) of Public Law 101–647 is amended, effec10 tive the date such section took effect, by inserting ‘‘at the

11 end’’ after ‘‘adding’’.

12 (g) ELIMINATION OF DUPLICATE AMENDMENT.—Sec13 tion 1606 of Public Law 101–647 (amending section 1114

14 of title 18, United States Code) is repealed effective the date

15 of the enactment of such section.

16 (h) ERROR IN AMENDMENT PHRASING.—Section 3502

17 of Public Law 101–647 is amended, effective the date such

18 section took effect, by striking ‘‘10’’ and inserting ‘‘ten’’.

19 (i) CLARIFICATION THAT AMENDMENTS WERE TO

20 TITLE 18.—Sections 3524, 3525, and 3528 of Public Law

21 101–647 are each amended, effective the date such sections

22 took effect, by inserting ‘‘of title 18, United States Code’’

23 before ‘‘is amended’’.

24 (j) CORRECTION OF PARAGRAPH REFERENCE.—Sec25 tion 3527 of Public Law 101–647 is amended, effective the
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1 date such section took effect, by striking ‘‘4th’’ and inserting

2 ‘‘5th’’.

3 (k) REPEAL OF OBSOLETE TECHNICAL CORRECTION

4 TO SECTION 1345.—Section 3542 of Public Law 101–647

5 is repealed, effective the date of enactment of such Public

6 Law.

7 (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION

8 TO SECTION 1956.—Section 3557(2)(E) of Public Law

9 101–647 is repealed, effective the date of enactment of such

10 Public Law.

11 (m) CLARIFICATION OF PLACEMENT OF AMEND12 MENTS.—Public Law 101–647 is amended, effective the date

13 of the enactment of such Public Law—

14 (1) in section 3564(1), by inserting ‘‘each place

15 it appears’’ after the quotation mark following

16 ‘‘2251’’ the first place it appears; and

17 (2) in section 3565(3)(A), by inserting ‘‘each

18 place it appears’’ after the quotation mark following

19 ‘‘subchapter’’.

20 (n) CORRECTION OF WORD QUOTED IN AMEND21 MENT.—Section 3586(1) of Public Law 101–647 is amend22 ed, effective the date such section took effect, by striking

23 ‘‘fines’’ and inserting ‘‘fine’’.

24 (o) ELIMINATION OF OBSOLETE TECHNICAL AMEND25 MENT TO SECTION 4013.—Section 3599 of Public Law 101–
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1 647 is repealed, effective the date of the enactment of such

2 Public Law.

3 (p) CORRECTION OF DIRECTORY LANGUAGE.—Section

4 3550 of Public Law 101–647 is amended, effective the date

5 such section took effect, by striking ‘‘not more than’’.

6 (q) REPEAL OF DUPLICATE PROVISIONS.—(1) Section

7 3568 of Public Law 101–647 is repealed, effective the date

8 such section took effect.

9 (2) Section 1213 of Public Law 101–647 is repealed,

10 effective the date such section took effect.

11 (r) CORRECTION OF WORDS QUOTED IN AMEND12 MENT.—Section 2531(3) of Public Law 101–647 is amend13 ed, effective the date such section took effect, by striking

14 ‘‘1679(c)(2)’’ and inserting ‘‘1679a(c)(2)’’.

15 (s) FORFEITURE.—(1) Section 1401 of Public Law

16 101–647 is amended, effective the date such section took ef17 fect—

18 (A) by inserting a comma after ‘‘, 5316’’; and

19 (B) by inserting ‘‘the first place it appears’’

20 after the quotation mark following ‘‘5313(a)’’.

21 (2) Section 2525(a)(2) of Public Law 101–647 is

22 amended, effective the date such section took effect, by strik23 ing ‘‘108(3)’’ and inserting ‘‘2508(3)’’.

24 (t) INCORRECT SECTION REFERENCE.—Section

25 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
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1 10601(d)(3)) is amended by striking ‘‘1404(a)’’ and insert2 ing ‘‘1404A’’.

3 (u) MISSING TEXT.—Section 1403(b)(1) of the Victims

4 of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is amended

5 by inserting after ‘‘domestic violence’’ the following: ‘‘for—

6 ‘‘(A) medical expenses attributable to a

7 physical injury resulting from compensable

8 crime, including expenses for mental health

9 counseling and care;

10 ‘‘(B) loss of wages attributable to a physical

11 injury resulting from a compensable crime; and

12 ‘‘(C) funeral expenses attributable to a

13 death resulting from a compensable crime’’.

14 SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO

15 ELIMINATE DUPLICATE PREDICATE CRIMES.

16 Section 1956 of title 18, United States Code, is amend17 ed—

18 (1) in subsection (c)(7)(D), by striking ‘‘section

19 1341 (relating to mail fraud) or section 1343 (relat20 ing to wire fraud) affecting a financial institution,

21 section 1344 (relating to bank fraud),’’;

22 (2) in subsection (a)(2) and in subsection (b), by

23 striking ‘‘transportation’’ each place it appears and

24 inserting ‘‘transportation, transmission, or transfer’’;
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1 (3) in subsection (a)(3), by striking ‘‘represented

2 by a law enforcement officer’’ and inserting ‘‘rep3 resented’’; and

4 (4) in subsection (c)(7)(E), by striking the period

5 that follows a period.

6 SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.

7 Part V of title 18, United States Code, is amended—

8 (1) by inserting after the heading for such part

9 the following:

10 ‘‘CHAPTER 601—IMMUNITY

11 OF WITNESSES’’;

12 (2) in section 6001(1)—

13 (A) by striking ‘‘Atomic Energy Commis14 sion’’ and inserting ‘‘Nuclear Regulatory Com15 mission’’; and

16 (B) by striking ‘‘the Subversive Activities

17 Control Board,’’

18 (3) by striking ‘‘part’’ the first place it appears

19 and inserting ‘‘chapter’’; and

20 (4) by striking ‘‘part’’ each other place it ap21 pears and inserting ‘‘title’’.
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1 TITLE XXXI—DRIVER’S PRIVACY

2 PROTECTION ACT

3 SEC. 3101. SHORT TITLE; PURPOSE.

4 (a) SHORT TITLE.—This title may be cited as the

5 ‘‘Driver’s Privacy Protection Act of 1993’’.

6 (b) PURPOSE.—The purpose of this title is to protect

7 the personal privacy and safety of licensed drivers consist8 ent with the legitimate needs of business and government.

9 SEC. 3102. AMENDMENT TO TITLE 18, UNITED STATES CODE.

10 Title 18 of the United States Code is amended by in11 serting immediately after chapter 121, the following new

12 chapter:

13 ‘‘CHAPTER 122—PROHIBITION ON RE14 LEASE OF CERTAIN PERSONAL INFOR15 MATION

‘‘Sec. 2720. Prohibition on release and use of certain personal information by

States, organizations and persons.

‘‘Sec. 2721. Definitions.

‘‘Sec. 2722. Penalties.

‘‘Sec. 2723. Effect on State and local laws.

16 ‘‘§ 2720. Prohibition on release and use of certain per17 sonal information by States, organiza18 tions and persons

19 ‘‘(a) IN GENERAL.—(1) Except as provided in para20 graph (2), no department of motor vehicles of any State,

21 or any officer or employee thereof, shall disclose or otherwise

22 make available to any person or organization personal in-
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1 formation about any individual obtained by the department

2 in connection with a motor vehicle operator’s permit, motor

3 vehicle title, identification card, or motor vehicle registra4 tion (issued by the department to that individual), unless

5 such disclosure is authorized by that individual.

6 ‘‘(2) A department of motor vehicles of a State, or offi7 cer or employee thereof, may disclose or otherwise make

8 available personal information referred to in paragraph (1)

9 for any of the following routine uses:

10 ‘‘(A) For the use of any Federal, State or

11 local court in carrying out its functions.

12 ‘‘(B) For the use of any Federal, State or

13 local agency in carrying out its functions, in14 cluding a law enforcement agency.

15 ‘‘(C) For the use in connection with matters

16 of automobile safety, driver safety, and manufac17 turers of motor vehicles issuing notification for

18 purposes of any recall or product alteration.

19 ‘‘(D) For the use in any civil or criminal

20 proceeding in any Federal, State, or local court,

21 if the case involves a motor vehicle, or if the re22 quest is pursuant to an order of a court of com23 petent jurisdiction.

24 ‘‘(E) For use in research activities, if such

25 information will not be used to contact the indi-
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1 vidual and the individual is not identified or as2 sociated with the requested personal information.

3 ‘‘(F) For use in marketing activities if—

4 ‘‘(i) the motor vehicle department has

5 provided the individual with regard to

6 whom the information is requested with the

7 opportunity, in a clear and conspicuous

8 manner, to prohibit a disclosure of such in9 formation for marketing activities;

10 ‘‘(ii) the information will be used,

11 rented, or sold solely for a permissible use

12 under this chapter, including marketing ac13 tivities; and

14 ‘‘(iii) any person obtaining such infor15 mation from a motor vehicle department for

16 marketing purposes keeps complete records

17 identifying any person to whom, and the

18 permissible purpose for which, they sell or

19 rent the information and provides such

20 records to the motor vehicle department

21 upon request.

22 ‘‘(G) For use by any insurer or insurance

23 support organization, or their employees, agents,

24 and contractors, in connection with claims inves25 tigation activities and antifraud activities.
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1 ‘‘(H) For use by any organization, or its

2 agent, in connection with a business transaction,

3 when the purpose is to verify the accuracy of

4 personal information submitted to that business

5 or agent by the person to whom such information

6 pertains, or, if the information submitted is not

7 accurate, to obtain correct information for the

8 purpose of pursing remedies against a person

9 who presented a check or similar item that was

10 not honored.

11 ‘‘(I) For use by any organization, if such

12 organization certifies, upon penalty of perjury,

13 that it has obtained a statement from the person

14 to whom the information pertains authorizing

15 the disclosure of such information under this

16 chapter.

17 ‘‘(J) For use by an employer or the agent

18 of an employer to obtain or verify information

19 relating to a holder of a commercial driver’s li20 cense that is required under the Commercial

21 Motor Vehicle Safety Act of 1986 (49 U.S.C.

22 App. 2701 et seq.).

23 ‘‘(b) UNLAWFUL CONDUCT BY ANY PERSON OR ORGA24 NIZATION.—No person or organization shall—
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1 ‘‘(1) use any personal information, about an in2 dividual referred to in subsection (a), obtained from

3 a motor vehicle department of any State, or any offi4 cer or employee thereof, or other person for any pur5 pose other than the purpose for which such personal

6 information was initially disclosed or otherwise made

7 available by the department of motor vehicles of the

8 affected State, or any officer or employee thereof, or

9 other person, unless authorized by that individual; or

10 ‘‘(2) make any false representation to obtain per11 sonal information, about an individual referred to in

12 subsection (a), from a department of motor vehicles of

13 any State, or officer or employee thereof, or from any

14 other person.

15 ‘‘§ 2721. Definitions

16 ‘‘As used in this chapter:

17 ‘‘(1) The term ‘personal information’ is informa18 tion that identifies an individual, including an indi19 vidual’s photograph, driver’s identification number,

20 name, address, telephone number, social security

21 number, and medical and disability information.

22 Such term does not include information on vehicular

23 accidents, driving violations, and driver’s status.

24 ‘‘(2) The term ‘person’ means any individual.
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1 ‘‘(3) The term ‘State’ means each of the several

2 States, District of Columbia, Commonwealth of Puer3 to Rico, Virgin Islands, Guam, American Samoa, and

4 the Commonwealth of the Northern Mariana Islands.

5 ‘‘(4) The term ‘organization’ means any person

6 other than an individual, including but not limited

7 to, a corporation, association, institution, a car rent8 al agency, employer, and insurers, insurance support

9 organization, and their employees, agents, or contrac10 tors. Such term does not include a Federal, State or

11 local agency or entity thereof.

12 ‘‘§ 2722. Penalties

13 ‘‘(a) WILLFUL VIOLATIONS.—

14 ‘‘(1) Any person who willfully violates this chap15 ter shall be fined under this title, or imprisoned for

16 a period not exceeding 12 months, or both.

17 ‘‘(2) Any organization who willfully violates this

18 chapter shall be fined under this title.

19 ‘‘(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR

20 VEHICLES.—Any State department of motor vehicles which

21 willfully violates this chapter shall be subject to a civil pen22 alty imposed by the Attorney General in the amount of

23 $5,000. Each day of continued noncompliance shall con24 stitute a separate violation.
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1 ‘‘§ 2723. Effect on State and local laws

2 ‘‘The provisions of this chapter shall supersede only

3 those provisions of law of any State or local government

4 which would require or permit the disclosure or use of per5 sonal information which is otherwise prohibited by this

6 chapter.’’.

7 SEC. 3103. EFFECTIVE DATE.

8 The amendments made by this title shall take effect

9 upon the expiration of the 270-day period following the date

10 of its enactment.

11 TITLE XXXII—VIOLENCE

12 AGAINST WOMEN; SAFE

13 STREETS FOR WOMEN

14 SEC. 3201. VIOLENCE AGAINST WOMEN; SHORT TITLE.

15 Titles XXXII through XXXVII may be cited as the ‘‘Vi16 olence Against Women Act of 1993’’.

17 SEC. 3202. SAFE STREETS FOR WOMEN; SHORT TITLE.

18 This title may be cited as the ‘‘Safe Streets for Women

19 Act of 1993’’.

20 Subtitle A—Federal Penalties for

21 Sex Crimes

22 SEC. 3211. REPEAT OFFENDERS.

23 (a) IN GENERAL.—Chapter 109A of title 18, United

24 States Code, is amended by adding at the end the following

25 new section:
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1 ‘‘§ 2247. Repeat offenders

2 ‘‘Any person who violates a provision of this chapter,

3 after one or more prior convictions for an offense punishable

4 under this chapter, or after one or more prior convictions

5 under the laws of any State or foreign country relating to

6 aggravated sexual abuse, sexual abuse, or abusive sexual

7 contact have become final, is punishable by a term of im8 prisonment up to twice that otherwise authorized.’’.

9 (b) RECOMMENDATION BY THE SENTENCING COMMIS10 SION.—The Sentencing Commission shall implement the

11 amendment made by subsection (a) by recommending to the

12 Congress amendments, if appropriate, in the sentencing

13 guidelines applicable to chapter 109A offenses.

14 (c) CHAPTER ANALYSIS.—The chapter analysis for

15 chapter 109A of title 18, United States Code, is amended

16 by adding at the end the following new item:

‘‘2247. Repeat offenders.’’.

17 SEC. 3212. FEDERAL PENALTIES.

18 (a) AMENDMENT OF SENTENCING GUIDELINES.—Pur19 suant to its authority under section 994(p) of title 28,

20 United States Code, the United States Sentencing Commis21 sion shall review and amend, where necessary, its sentenc22 ing guidelines on aggravated sexual abuse under section

23 2241 of title 18, United States Code, or sexual abuse under

24 section 2242 of title 18, United States Code, as follows:
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1 (1) The Commission shall review and recommend

2 amendments to the guidelines, if appropriate, to en3 hance penalties if more than 1 offender is involved in

4 the offense.

5 (2) The Commission shall review and recommend

6 amendments to the guidelines, if appropriate, to re7 duce unwarranted disparities between the sentences

8 for sex offenders who are known to the victim and

9 sentences for sex offenders who are not known to the

10 victim.

11 (3) The Commission shall review and recommend

12 amendments to the guidelines to enhance penalties, if

13 appropriate, to render Federal penalties on Federal

14 territory commensurate with penalties for similar of15 fenses in the States.

16 (4) The Commission shall review and recommend

17 amendments to the guidelines, if appropriate, to ac18 count for the general problem of recidivism in cases

19 of sex offenses, the severity of the offense, and its dev20 astating effects on survivors.

21 (b) REPORT.—Not later than 180 days after the date

22 of enactment of this Act, the United States Sentencing Com23 mission shall review and submit to Congress a report con24 taining an analysis of Federal rape sentencing, accom-
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1 panied by comment from independent experts in the field,

2 describing—

3 (1) comparative Federal sentences for cases in

4 which the rape victim is known to the defendant and

5 cases in which the defendant is not known to the de6 fendant;

7 (2) comparative Federal sentences for cases on

8 Federal territory and sentences in surrounding

9 States; and

10 (3) an analysis of the effect of rape sentences on

11 populations residing primarily on Federal territory

12 relative to the impact of other Federal offenses in

13 which the existence of Federal jurisdiction depends

14 upon the offense’s being committed on Federal terri15 tory.

16 SEC. 3213. MANDATORY RESTITUTION FOR SEX CRIMES.

17 (a) SEXUAL ABUSE.—(1) Chapter 109A of title 18,

18 United States Code, is amended by adding at the end there19 of the following:

20 ‘‘§ 2248. Mandatory restitution

21 ‘‘(a) IN GENERAL.—Notwithstanding the terms of sec22 tion 3663 of this title, and in addition to any other civil

23 or criminal penalty authorized by law, the court shall order

24 restitution for any offense under this chapter.
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1 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order

2 of restitution under this section shall direct that—

3 ‘‘(A) the defendant pay to the victim (through

4 the appropriate court mechanism) the full amount of

5 the victim’s losses as determined by the court, pursu6 ant to paragraph (2); and

7 ‘‘(B) the United States Attorney enforce the res8 titution order by all available and reasonable means.

9 ‘‘(2) For purposes of this subsection, the term ‘full

10 amount of the victim’s losses’ includes any costs incurred

11 by the victim for—

12 ‘‘(A) medical services relating to physical, psy13 chiatric, or psychological care;

14 ‘‘(B) physical and occupational therapy or reha15 bilitation;

16 ‘‘(C) necessary transportation, temporary hous17 ing, and child care expenses;

18 ‘‘(D) lost income;

19 ‘‘(E) attorneys’ fees, expert witness and inves20 tigators’ fees, interpretive services, and court costs;

21 and

22 ‘‘(F) any other losses suffered by the victim as a

23 proximate result of the offense.
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1 ‘‘(3) Restitution orders under this section are manda2 tory. A court may not decline to issue an order under this

3 section because of—

4 ‘‘(A) the economic circumstances of the defend5 ant; or

6 ‘‘(B) the fact that a victim has, or is entitled to,

7 receive compensation for his or her injuries from the

8 proceeds of insurance or any other source.

9 ‘‘(4)(A) Notwithstanding the terms of paragraph (3),

10 the court may take into account the economic circumstances

11 of the defendant in determining the manner in which and

12 the schedule according to which the restitution is to be paid.

13 ‘‘(B) For purposes of this paragraph, the term ‘eco14 nomic circumstances’ includes—

15 ‘‘(i) the financial resources and other assets of

16 the defendant;

17 ‘‘(ii) projected earnings, earning capacity, and

18 other income of the defendant; and

19 ‘‘(iii) any financial obligations of the defendant,

20 including obligations to dependents.

21 ‘‘(C) An order under this section may direct the de22 fendant to make a single lump-sum payment or partial

23 payments at specified intervals. The order shall also provide

24 that the defendant’s restitutionary obligation takes priority

25 over any criminal fine ordered.
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1 ‘‘(D) In the event that the victim has recovered for any

2 amount of loss through the proceeds of insurance or any

3 other source, the order of restitution shall provide that res4 titution be paid to the person who provided the compensa5 tion, but that restitution shall be paid to the victim for the

6 victim’s other losses before any restitution is paid to any

7 other provider of compensation.

8 ‘‘(5) Any amount paid to a victim under this section

9 shall be set off against any amount later recovered as com10 pensatory damages by the victim from the defendant in—

11 ‘‘(A) any Federal civil proceeding; and

12 ‘‘(B) any State civil proceeding, to the extent

13 provided by the law of the State.

14 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con15 viction and, in any event, no later than 10 days prior to

16 sentencing, the United States Attorney (or the United States

17 Attorney’s delegee), after consulting with the victim, shall

18 prepare and file an affidavit with the court listing the

19 amounts subject to restitution under this section. The affi20 davit shall be signed by the United States Attorney (or the

21 United States Attorney’s delegee) and the victim. Should

22 the victim object to any of the information included in the

23 affidavit, the United States Attorney (or the United States

24 Attorney’s delegee) shall advise the victim that the victim
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1 may file a separate affidavit and shall provide the victim

2 with an affidavit form which may be used to do so.

3 ‘‘(2) If no objection is raised by the defendant, the

4 amounts attested to in the affidavit filed pursuant to sub5 section (1) shall be entered in the court’s restitution order.

6 If objection is raised, the court may require the victim or

7 the United States Attorney (or the United States Attorney’s

8 delegee) to submit further affidavits or other supporting

9 documents, demonstrating the victim’s losses.

10 ‘‘(3) If the court concludes, after reviewing the support11 ing documentation and considering the defendant’s objec12 tions, that there is a substantial reason for doubting the

13 authenticity or veracity of the records submitted, the court

14 may require additional documentation or hear testimony

15 on those questions. Any records filed, or testimony heard,

16 pursuant to this section, shall be in camera in the judge’s

17 chambers.

18 ‘‘(4) In the event that the victim’s losses are not ascer19 tainable 10 days prior to sentencing as provided in sub20 section (c)(1), the United States Attorney (or the United

21 States Attorney’s delegee) shall so inform the court, and the

22 court shall set a date for the final determination of the vic23 tim’s losses, not to exceed 90 days after sentencing. If the

24 victim subsequently discovers further losses, the victim shall

25 have 60 days after discovery of those losses in which to peti-
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1 tion the court for an amended restitution order. Such order

2 may be granted only upon a showing of good cause for the

3 failure to include such losses in the initial claim for

4 restitutionary relief.

5 ‘‘(d) DEFINITIONS.—For purposes of this section, the

6 term ‘victim’ includes the individual harmed as a result

7 of a commission of a crime under this chapter, including,

8 in the case of a victim who is under 18 years of age, incom9 petent, incapacitated, or deceased, the legal guardian of the

10 victim or representative of the victim’s estate, another fam11 ily member, or any other person appointed as suitable by

12 the court: Provided, That in no event shall the defendant

13 be named as such representative or guardian.’’.

14 (2) TABLE OF SECTIONS.—The table of sections for

15 chapter 109A of title 18, United States Code, is amended

16 by adding at the end thereof the following:

‘‘2248. Mandatory restitution.’’.

17 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

18 CHILDREN.—(1) Chapter 110 of title 18, United States

19 Code, is amended by adding at the end thereof the following:

20 ‘‘§ 2259. Mandatory restitution

21 ‘‘(a) IN GENERAL.—Notwithstanding the terms of sec22 tion 3663 of this title, and in addition to any other civil

23 or criminal penalty authorized by law, the court shall order

24 restitution for any offense under this chapter.
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1 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) The order

2 of restitution under this section shall direct that—

3 ‘‘(A) the defendant pay to the victim (through

4 the appropriate court mechanism) the full amount of

5 the victim’s losses as determined by the court, pursu6 ant to paragraph (2); and

7 ‘‘(B) the United States Attorney enforce the res8 titution order by all available and reasonable means.

9 ‘‘(2) For purposes of this subsection, the term ‘full

10 amount of the victim’s losses’ includes any costs incurred

11 by the victim for—

12 ‘‘(A) medical services relating to physical, psy13 chiatric, or psychological care;

14 ‘‘(B) physical and occupational therapy or reha15 bilitation;

16 ‘‘(C) necessary transportation, temporary hous17 ing, and child care expenses;

18 ‘‘(D) lost income;

19 ‘‘(E) attorneys’ fees, expert witness and inves20 tigators’ fees, interpretive services, and court costs;

21 and

22 ‘‘(F) any other losses suffered by the victim as a

23 proximate result of the offense.
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1 ‘‘(3) Restitution orders under this section are manda2 tory. A court may not decline to issue an order under this

3 section because of—

4 ‘‘(A) the economic circumstances of the defend5 ant; or

6 ‘‘(B) the fact that a victim has, or is entitled to,

7 receive compensation for his or her injuries from the

8 proceeds of insurance or any other source.

9 ‘‘(4)(A) Notwithstanding the terms of paragraph (3),

10 the court may take into account the economic circumstances

11 of the defendant in determining the manner in which and

12 the schedule according to which the restitution is to be paid.

13 ‘‘(B) For purposes of this paragraph, the term ‘eco14 nomic circumstances’ includes—

15 ‘‘(i) the financial resources and other assets of

16 the defendant;

17 ‘‘(ii) projected earnings, earning capacity, and

18 other income of the defendant; and

19 ‘‘(iii) any financial obligations of the defendant,

20 including obligations to dependents.

21 ‘‘(C) An order under this section may direct the de22 fendant to make a single lump-sum payment or partial

23 payments at specified intervals. The order shall also provide

24 that the defendant’s restitutionary obligation takes priority

25 over any criminal fine ordered.
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1 ‘‘(D) In the event that the victim has recovered for any

2 amount of loss through the proceeds of insurance or any

3 other source, the order of restitution shall provide that res4 titution be paid to the person who provided the compensa5 tion, but that restitution shall be paid to the victim for the

6 victim’s other losses before any restitution is paid to any

7 other provider of compensation.

8 ‘‘(5) Any amount paid to a victim under this section

9 shall be set off against any amount later recovered as com10 pensatory damages by the victim from the defendant in—

11 ‘‘(A) any Federal civil proceeding; and

12 ‘‘(B) any State civil proceeding, to the extent

13 provided by the law of the State.

14 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con15 viction and, in any event, no later than 10 days prior to

16 sentencing, the United States Attorney (or the United States

17 Attorney’s delegee), after consulting with the victim, shall

18 prepare and file an affidavit with the court listing the

19 amounts subject to restitution under this section. The affi20 davit shall be signed by the United States Attorney (or the

21 United States Attorney’s delegee) and the victim. Should

22 the victim object to any of the information included in the

23 affidavit, the United States Attorney (or the United States

24 Attorney’s delegee) shall advise the victim that the victim
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1 may file a separate affidavit and shall provide the victim

2 with an affidavit form which may be used to do so.

3 ‘‘(2) If no objection is raised by the defendant, the

4 amounts attested to in the affidavit filed pursuant to sub5 section (1) shall be entered in the court’s restitution order.

6 If objection is raised, the court may require the victim or

7 the United States Attorney (or the United States Attorney’s

8 delegee) to submit further affidavits or other supporting

9 documents, demonstrating the victim’s losses.

10 ‘‘(3) If the court concludes, after reviewing the support11 ing documentation and considering the defendant’s objec12 tions, that there is a substantial reason for doubting the

13 authenticity or veracity of the records submitted, the court

14 may require additional documentation or hear testimony

15 on those questions. Any records filed, or testimony heard,

16 pursuant to this section, shall be in camera in the judge’s

17 chambers.

18 ‘‘(4) In the event that the victim’s losses are not ascer19 tainable 10 days prior to sentencing as provided in sub20 section (c)(1), the United States Attorney (or the United

21 States Attorney’s delegee) shall so inform the court, and the

22 court shall set a date for the final determination of the vic23 tim’s losses, not to exceed 90 days after sentencing. If the

24 victim subsequently discovers further losses, the victim shall

25 have 60 days after discovery of those losses in which to peti-
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1 tion the court for an amended restitution order. Such order

2 may be granted only upon a showing of good cause for the

3 failure to include such losses in the initial claim for

4 restitutionary relief.

5 ‘‘(d) DEFINITIONS.—For purposes of this section, the

6 term ‘victim’ includes the individual harmed as a result

7 of a commission of a crime under this chapter, including,

8 in the case of a victim who is under 18 years of age, incom9 petent, incapacitated, or deceased, the legal guardian of the

10 victim or representative of the victim’s estate, another fam11 ily member, or any other person appointed as suitable by

12 the court: Provided, That in no event shall the defendant

13 be named as such representative or guardian.’’.

14 (2) The table of sections for chapter 110 of title 18,

15 United States Code, is amended by adding at the end there16 of the following:

‘‘2259. Mandatory restitution.’’.

17 SEC. 3214. AUTHORIZATION FOR FEDERAL VICTIM’S COUN18 SELORS.

19 There is authorized to be appropriated for fiscal year

20 1994, $1,500,000 for the United States Attorneys for the

21 purpose of appointing Victim/Witness Counselors for the

22 prosecution of sex crimes and domestic violence crimes

23 where applicable (such as the District of Columbia).
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1 Subtitle B—Law Enforcement and

2 Prosecution Grants to Reduce

3 Violent Crimes Against Women

4 SEC. 3221. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

5 WOMEN.

6 (a) IN GENERAL.—Title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

8 as amended by section 4 of Public Law 102–521 (106 Stat.

9 3404), is amended by—

10 (1) redesignating part Q as part R;

11 (2) redesignating section 1701 as section 1801;

12 and

13 (3) adding after part P the following new part:

14 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

15 AGAINST WOMEN

16 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

17 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

18 this part is to assist States, Indian tribes, cities, and other

19 localities to develop effective law enforcement and prosecu20 tion strategies to combat violent crimes against women and,

21 in particular, to focus efforts on those areas with the highest

22 rates of violent crime against women.

23 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

24 USED.—Grants under this part shall provide additional

25 personnel, training, technical assistance, data collection
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1 and other equipment for the more widespread apprehension,

2 prosecution, and adjudication of persons committing vio3 lent crimes against women and specifically, for the purposes

4 of—

5 ‘‘(1) training law enforcement officers and pros6 ecutors to more effectively identify and respond to

7 violent crimes against women, including the crimes of

8 sexual assault and domestic violence;

9 ‘‘(2) developing, training, or expanding units of

10 law enforcement officers and prosecutors specifically

11 targeting violent crimes against women, including the

12 crimes of sexual assault and domestic violence;

13 ‘‘(3) developing and implementing police and

14 prosecution policies, protocols, or orders specifically

15 devoted to identifying and responding to violent

16 crimes against women, including the crimes of sexual

17 assault and domestic violence;

18 ‘‘(4) developing, installing, or expanding data

19 collection systems, including computerized systems,

20 linking police, prosecutors, and courts or for the pur21 pose of identifying and tracking arrests, prosecutions,

22 and convictions for the crimes of sexual assault and

23 domestic violence; and

24 ‘‘(5) developing, enlarging, or strengthening vic25 tim services programs, including sexual assault and
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1 domestic violence programs, to increase reporting and

2 reduce attrition rates for cases involving violent

3 crimes against women, including the crimes of sexual

4 assault and domestic violence.

5 ‘‘Subpart 1—High Intensity Crime Area Grants

6 ‘‘SEC. 1711. HIGH INTENSITY GRANTS.

7 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus8 tice Assistance (referred to in this part as the ‘Director’)

9 shall make grants to areas of ‘high intensity crime’ against

10 women.

11 ‘‘(b) DEFINITION.—For purposes of this part, ‘high in12 tensity crime area’ means an area with one of the 40 highest

13 rates of violent crime against women, as determined by the

14 Bureau of Justice Statistics pursuant to section 1712.

15 ‘‘SEC. 1712. HIGH INTENSITY GRANT APPLICATION.

16 ‘‘(a) COMPUTATION.—Within 45 days after the date of

17 enactment of this part, the Bureau of Justice Statistics shall

18 compile a list of the 40 areas with the highest rates of vio19 lent crime against women based on the combined female vic20 timization rate per population for assault, sexual assault

21 (including, but not limited to, rape), murder, robbery, and

22 kidnapping (without regard to the relationship between the

23 crime victim and the offenders).
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1 ‘‘(b) USE OF DATA.—In calculating the combined fe2 male victimization rate required by subsection (a), the Bu3 reau of Justice Statistics may rely on—

4 ‘‘(1) existing data collected by States, munici5 palities, Indian reservations or statistical metropoli6 tan areas showing the number of police reports of the

7 crimes listed in subsection (a); and

8 ‘‘(2) existing data collected by the Federal Bu9 reau of Investigation, including data from those gov10 ernmental entities already complying with the Na11 tional Incident Based Reporting System, showing the

12 number of police reports of crimes listed in subsection

13 (a).

14 ‘‘(c) PUBLICATION.—After compiling the list set forth

15 in subsection (a), the Bureau of Justice Statistics shall con16 vey it to the Director who shall publish it in the Federal

17 Register.

18 ‘‘(d) QUALIFICATION.—Upon satisfying the terms of

19 subsection (e), any high intensity crime area shall be quali20 fied for a grant under this subpart upon application by

21 the chief executive officer of the governmental entities re22 sponsible for law enforcement and prosecution of criminal

23 offenses within the area and certification that—
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1 ‘‘(1) the funds shall be used to reduce the rate of

2 violent crimes against women and for at least 3 of the

3 purposes outlined in section 1701(b);

4 ‘‘(2) grantees and subgrantees shall develop a

5 plan for implementation, and otherwise consult and

6 coordinate program grants, with nongovernmental

7 nonprofit victim services programs; and

8 ‘‘(3) at least 25 percent of the amount granted

9 shall be allocated, without duplication, to each of the

10 following three areas: prosecution, law enforcement,

11 and victim services.

12 ‘‘(e) APPLICATION REQUIREMENTS.—The application

13 requirements provided in section 513 of this title shall

14 apply to grants made under this subpart. In addition, each

15 application must provide the certifications required by sub16 section (d) including documentation from nonprofit non17 governmental victim services programs showing their par18 ticipation in developing the plan required by subsection

19 (d)(2). Applications shall—

20 ‘‘(1) include documentation from the prosecution,

21 law enforcement, and victim services programs to be

22 assisted showing—

23 ‘‘(A) need for the grant funds;

24 ‘‘(B) intended use of the grant funds;
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1 ‘‘(C) expected results from the use of grant

2 funds; and

3 ‘‘(D) demographic characteristics of the

4 population to be served, including age, marital

5 status, disability, race, ethnicity, and language

6 background; and

7 ‘‘(2) include proof of compliance with the re8 quirements for the payment of forensic medical exams

9 provided in section 162 of this title.

10 ‘‘(f) DISBURSEMENT.—

11 ‘‘(1) No later than 60 days after the receipt of

12 an application under this subpart, the Director shall

13 either disburse the appropriate sums provided for

14 under this subpart or shall inform the applicant why

15 the application does not conform to the terms of sec16 tion 513 of this title or to the requirements of this sec17 tion.

18 ‘‘(2) In disbursing monies under this subpart,

19 the Director shall issue regulations to ensure that

20 grantees—

21 ‘‘(A) equitably distribute funds on a geo22 graphic basis;

23 ‘‘(B) determine the amount of subgrants

24 based on the population to be served;
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1 ‘‘(C) give priority to areas with the greatest

2 showing of need; and

3 ‘‘(D) recognize and address the needs of un4 derserved populations.

5 ‘‘(g) GRANTEE REPORTING.—(1) Upon completion of

6 the grant period under this subpart, the grantee shall file

7 a performance report with the Director explaining the ac8 tivities carried out together with an assessment of the effec9 tiveness of those activities in achieving the purposes of this

10 part.

11 ‘‘(2) A section of the performance report shall be com12 pleted by each grantee or subgrantee performing the services

13 contemplated in the grant application, certifying perform14 ance of the services under the grants.

15 ‘‘(3) The Director shall suspend funding for an ap16 proved application if an applicant fails to submit an an17 nual performance report or if funds are expended for pur18 poses other than those set forth under this subpart. Federal

19 funds may be used to supplement, not supplant, State

20 funds.

21 ‘‘Subpart 2—Other Grants to States To Combat

22 Violent Crimes Against Women

23 ‘‘SEC. 1721. GENERAL GRANTS TO STATES.

24 ‘‘(a) GENERAL GRANTS.—The Director may make

25 grants to States, for use by States, units of local government
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1 in the States, and nonprofit nongovernmental victim serv2 ices programs in the States, for the purposes outlined in

3 section 1701(b), and to reduce the rate of violent crimes

4 against women.

5 ‘‘(b) AMOUNTS.—From amounts appropriated, the

6 amount of grants under subsection (a) shall be—

7 ‘‘(1) $500,000 to each State; and

8 ‘‘(2) that portion of the then remaining available

9 money to each State that results from a distribution

10 among the States on the basis of each State’s popu11 lation in relation to the population of all States.

12 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

13 subsection (d), any State shall be qualified for funds pro14 vided under this part upon certification that—

15 ‘‘(1) the funds shall be used to reduce the rate of

16 violent crimes against women and for at least 3 of the

17 purposes outlined in section 1701(b);

18 ‘‘(2) grantees and subgrantees shall develop a

19 plan for implementation, and otherwise consult and

20 coordinate, with nonprofit nongovernmental victim

21 services programs, including sexual assault and do22 mestic violence victim services programs; and

23 ‘‘(3) at least 25 percent of the amount granted

24 shall be allocated, without duplication, to each of the
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1 following three areas: prosecution, law enforcement,

2 and victim services.

3 ‘‘(d) APPLICATION REQUIREMENTS.—The application

4 requirements provided in section 513 of this title shall

5 apply to grants made under this subpart. In addition, each

6 application shall include the certifications of qualification

7 required by subsection (c) including documentation from

8 nonprofit nongovernmental victim services programs show9 ing their participation in developing the plan required by

10 subsection (c)(2). Applications shall—

11 ‘‘(1) include documentation from the prosecution,

12 law enforcement, and victim services programs to be

13 assisted showing—

14 ‘‘(A) need for the grant funds;

15 ‘‘(B) intended use of the grant funds;

16 ‘‘(C) expected results from the use of grant

17 funds; and

18 ‘‘(D) demographic characteristics of the

19 populations to be served, including age, marital

20 status, disability, race, ethnicity and language

21 background; and

22 ‘‘(2) proof of compliance with the requirements

23 for the payment of forensic medical exams provided

24 in section 162 of this title.
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1 ‘‘(e) DISBURSEMENT.—(1) No later than 60 days after

2 the receipt of an application under this subpart, the Direc3 tor shall either disburse the appropriate sums provided for

4 under this subpart or shall inform the applicant why the

5 application does not conform to the terms of section 513

6 of this title or to the requirements of this section.

7 ‘‘(2) In disbursing monies under this subpart, the Di8 rector shall issue regulations to ensure that States will—

9 ‘‘(A) give priority to areas with the greatest

10 showing of need;

11 ‘‘(B) determine the amount of subgrants based on

12 the population and geographic area to be served;

13 ‘‘(C) equitably distribute monies on a geographic

14 basis including nonurban and rural areas, and giving

15 priority to localities with populations under 100,000;

16 and

17 ‘‘(D) recognize and address the needs of under18 served populations.

19 ‘‘(f) GRANTEE REPORTING.—Upon completion of the

20 grant period under this subpart, the State grantee shall file

21 a performance report with the Director explaining the ac22 tivities carried out together with an assessment of the effec23 tiveness of those activities in achieving the purposes of this

24 subpart. A section of this performance report shall be com25 pleted by each grantee and subgrantee that performed the
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1 direct services contemplated in the application, certifying

2 performance of direct services under the grant. The Director

3 shall suspend funding for an approved application if an

4 applicant fails to submit an annual performance report or

5 if funds are expended for purposes other than those set forth

6 under this subpart. Federal funds may only be used to sup7 plement, not supplant, State funds.

8 ‘‘SEC. 1722. GENERAL GRANTS TO TRIBES.

9 ‘‘(a) GENERAL GRANTS.—The Director is authorized

10 to make grants to Indian tribes, for use by tribes, tribal

11 organizations or nonprofit nongovernmental victim services

12 programs on Indian reservations, for the purposes outlined

13 in section 1701(b), and to reduce the rate of violent crimes

14 against women in Indian country.

15 ‘‘(b) AMOUNTS.—From amounts appropriated, the

16 amount of grants under subsection (a) shall be awarded on

17 a competitive basis to tribes, with minimum grants of

18 $35,000 and maximum grants of $300,000.

19 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

20 subsection (d), any tribe shall be qualified for funds pro21 vided under this part upon certification that—

22 ‘‘(1) the funds shall be used to reduce the rate of

23 violent crimes against women and for at least 3 of the

24 purposes outlined in section 1701(b);
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1 ‘‘(2) grantees and subgrantees shall develop a

2 plan for implementation, and otherwise consult and

3 coordinate with nonprofit; and

4 ‘‘(3) at least 25 percent of the grant funds shall

5 be allocated to each of the following three areas: pros6 ecution, law enforcement, and victim services.

7 ‘‘(d) APPLICATION REQUIREMENTS.—(1) Applications

8 shall be made directly to the Director and shall contain a

9 description of the tribes’ law enforcement responsibilities for

10 the Indian country described in the application and a de11 scription of the tribes’ system of courts, including whether

12 the tribal government operates courts of Indian offenses

13 under section 201 of Public Law 90–284 (25 U.S.C. 1301)

14 or part 11 of title 25, Code of Federal Regulations.

15 ‘‘(2) Applications shall be in such form as the Director

16 may prescribe and shall specify the nature of the program

17 proposed by the applicant tribe, the data and information

18 on which the program is based, and the extent to which

19 the program plans to use or incorporate existing victim

20 services available in the Indian country where the grant

21 will be used.

22 ‘‘(3) The term of any grant shall be for a minimum

23 of 3 years.

24 ‘‘(e) GRANTEE REPORTING.—At the end of the first 12

25 months of the grant period and at the end of each year
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1 thereafter, the Indian tribal grantee shall file a performance

2 report with the Director explaining the activities carried

3 out together with an assessment of the effectiveness of those

4 activities in achieving the purposes of this subpart. A sec5 tion of this performance report shall be completed by each

6 grantee or subgrantee that performed the direct services con7 templated in the application, certifying performance of di8 rect services under the grant. The Director shall suspend

9 funding for an approved application if an applicant fails

10 to submit an annual performance report or if funds are

11 expended for purposes other than those set forth under this

12 subpart. Federal funds may only be used to supplement,

13 not supplant, State funds.

14 ‘‘(f) DEFINITIONS.—(1) The term ‘Indian tribe’ means

15 any Indian tribe, band, nation, or other organized group

16 or community, including any Alaska Native village or re17 gional or village corporation (as defined in, or established

18 pursuant to, the Alaska Native Claims Settlement Act (43

19 U.S.C. 1601 et seq.)), which is recognized as eligible for the

20 special services provided by the United States to Indians

21 because of their status as Indians.

22 ‘‘(2) The term ‘Indian country’ has the meaning stated

23 in section 1151 of title 18, United States Code.
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1 ‘‘Subpart 3—General Terms and Conditions

2 ‘‘SEC. 1731. GENERAL DEFINITIONS.

3 ‘‘As used in this part—

4 ‘‘(1) the term ‘victim services’ means any non5 governmental nonprofit organization that assists vic6 tims, including rape crisis centers, battered women’s

7 shelters, or other rape or domestic violence programs,

8 including nonprofit nongovernmental organizations

9 assisting victims through the legal process;

10 ‘‘(2) the term ‘prosecution’ means any public

11 agency charged with direct responsibility for prosecut12 ing criminal offenders, including such agency’s com13 ponent bureaus (such as governmental victim/witness

14 programs);

15 ‘‘(3) the term ‘law enforcement’ means any pub16 lic agency charged with policing functions, including

17 any of its component bureaus (such as governmental

18 victim services programs);

19 ‘‘(4) the term ‘sexual assault’ includes not only

20 assaults committed by offenders who are strangers to

21 the victim but also assaults committed by offenders

22 who are known or related by blood or marriage to the

23 victim;

24 ‘‘(5) the term ‘domestic violence’ includes felony

25 or misdemeanor offenses committed by a current or

26 former spouse of the victim, a person with whom the
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1 victim shares a child in common, a person who is co2 habitating with or has cohabitated with the victim as

3 a spouse, a person similarly situated to a spouse of

4 the victim under the domestic or family violence laws

5 of the jurisdiction receiving grant monies, or commit6 ted by any other adult person upon a victim who is

7 protected from that person’s acts under the domestic

8 or family violence laws of the jurisdiction receiving

9 grant monies; and

10 ‘‘(6) the term ‘underserved populations’ includes

11 populations underserved because of geographic loca12 tion (such as rural isolation), underserved racial or

13 ethnic populations, and populations underserved be14 cause of special needs, such as language barriers or

15 physical disabilities.

16 ‘‘SEC. 1732. GENERAL TERMS AND CONDITIONS.

17 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to the

18 assistance provided under subparts 1 or 2, the Director may

19 direct any Federal agency, with or without reimbursement,

20 to use its authorities and the resources granted to it under

21 Federal law (including personnel, equipment, supplies, fa22 cilities, and managerial, technical, and advisory services)

23 in support of State and local assistance efforts.

24 ‘‘(b) BUREAU REPORTING.—No later than 180 days

25 after the end of each fiscal year for which grants are made
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1 under this part, the Director shall submit to the Judiciary

2 Committees of the House and the Senate a report that in3 cludes, for each high intensity crime area (as provided in

4 subpart 1) and for each State and for each grantee Indian

5 tribe (as provided in subpart 2)—

6 ‘‘(1) the amount of grants made under this part;

7 ‘‘(2) a summary of the purposes for which those

8 grants were provided and an evaluation of their

9 progress;

10 ‘‘(3) a statistical summary of persons served, de11 tailing the nature of victimization, and providing

12 data on age, sex, relationship of victim to offender,

13 geographic distribution, race, ethnicity, language, and

14 disability; and

15 ‘‘(4) a copy of each grantee report filed pursuant

16 to sections 1712(g), 1721(f) and 1722(c).

17 ‘‘(c) REGULATIONS.—No later than 90 days after the

18 date of enactment of this part, the Director shall publish

19 proposed regulations implementing this part. No later than

20 120 days after such date, the Director shall publish final

21 regulations implementing this part.

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated for each of fiscal years

24 1994, 1995, and 1996, $100,000,000 to carry out subpart
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1 1, and $190,000,000 to carry out subpart 2, and

2 $10,000,000 to carry out section 1722 of subpart 2.’’.

3 (b) TECHNICAL AMENDMENT.—The table of contents of

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

5 of 1968 (42 U.S.C. 3711 et seq.) is amended by striking

6 the matter relating to part Q and inserting the following:

‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘SUBPART 1—HIGH INTENSITY CRIME AREA GRANTS

‘‘Sec. 1711. High intensity grants.

‘‘Sec. 1712. High intensity grant application.

‘‘SUBPART 2—OTHER GRANTS TO STATES TO COMBAT VIOLENT CRIMES AGAINST

WOMEN

‘‘Sec. 1721. General grants to States.

‘‘Sec. 1722. General grants to tribes.

‘‘SUBPART 3—GENERAL TERMS AND CONDITIONS

‘‘Sec. 1731. General definitions.

‘‘Sec. 1732. General terms and conditions.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

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

7 Subtitle C—Safety for Women in

8 Public Transit and Public Parks

9 SEC. 3231. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE10 VENT CRIME IN PUBLIC TRANSPORTATION.

11 Section 24 of the Urban Mass Transportation Act of

12 1964 (49 U.S.C. App. 1620) is amended to read as follows:

13 ‘‘GRANTS TO PREVENT CRIME IN PUBLIC TRANSPORTATION

14 ‘‘SEC. 24. (a) GENERAL PURPOSE.—From funds au15 thorized under section 21, not to exceed $10,000,000, the

16 Secretary shall make capital grants for the prevention of
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1 crime and to increase security in existing and future public

2 transportation systems. None of the provisions of titles

3 XXXI through XXXVII may be construed to prohibit the

4 financing of projects under this section where law enforce5 ment responsibilities are vested in a local public body other

6 than the grant applicant.

7 ‘‘(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE,

8 AND SECURITY PHONES.—

9 ‘‘(1) From the sums authorized for expenditure

10 under this section for crime prevention, the Secretary

11 is authorized to make grants and loans to States and

12 local public bodies or agencies for the purpose of in13 creasing the safety of public transportation by—

14 ‘‘(A) increasing lighting within or adjacent

15 to public transportation systems, including bus

16 stops, subway stations, parking lots, or garages;

17 ‘‘(B) increasing camera surveillance of

18 areas within and adjacent to public transpor19 tation systems, including bus stops, subway sta20 tions, parking lots, or garages;

21 ‘‘(C) providing emergency phone lines to

22 contact law enforcement or security personnel in

23 areas within or adjacent to public transportation

24 systems, including bus stops, subway stations,

25 parking lots, or garages; or
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1 ‘‘(D) any other project intended to increase

2 the security and safety of existing or planned

3 public transportation systems.

4 ‘‘(2) From the sums authorized under this sec5 tion, at least 75 percent shall be expended on projects

6 of the type described in subsection (b)(1) (A) and (B).

7 ‘‘(c) REPORTING.—All grants under this section are

8 contingent upon the filing of a report with the Secretary

9 and the Department of Justice, Office of Victims of Crime,

10 showing crime rates in or adjacent to public transportation

11 before, and for a 1-year period after, the capital improve12 ment. Statistics shall be broken down by type of crime, sex,

13 race, ethnicity, language, and relationship of victim to the

14 offender.

15 ‘‘(d) INCREASED FEDERAL SHARE.—Notwithstanding

16 any other provision of this Act, the Federal share under

17 this section for each capital improvement project which en18 hances the safety and security of public transportation sys19 tems and which is not required by law (including any other

20 provision of this chapter) shall be 90 percent of the net

21 project cost of such project.

22 ‘‘(e) SPECIAL GRANTS FOR PROJECTS TO STUDY IN23 CREASING SECURITY FOR WOMEN.—From the sums author24 ized under this section, the Secretary shall provide grants

25 and loans for the purpose of studying ways to reduce violent
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1 crimes against women in public transit through better de2 sign or operation of public transit systems.

3 ‘‘(f) GENERAL REQUIREMENTS.—All grants or loans

4 provided under this section shall be subject to all the terms,

5 conditions, requirements, and provisions applicable to

6 grants and loans made under section 2(a).’’.

7 SEC. 3232. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE8 VENT CRIME IN NATIONAL PARKS.

9 Public Law 91–383 (commonly known as the National

10 Park System Improvements in Administration Act) (16

11 U.S.C. 1a–1 et seq.) is amended by adding at the end the

12 following new section:

13 ‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION AS14 SISTANCE.

15 ‘‘(a) From the sums authorized pursuant to section 7

16 of the Land and Water Conservation Act of 1965, not to

17 exceed $10,000,000, the Secretary of the Interior may pro18 vide Federal assistance to reduce the incidence of violent

19 crime in the National Park System.

20 ‘‘(b) The Secretary shall direct the chief official respon21 sible for law enforcement within the National Park Services

22 to—

23 ‘‘(1) compile a list of areas within the National

24 Park System with the highest rates of violent crime;
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1 ‘‘(2) make recommendations concerning capital

2 improvements, and other measures, needed within the

3 National Park System to reduce the rates of violent

4 crime, including the rate of sexual assault; and

5 ‘‘(3) publish the information required by para6 graphs (1) and (2) in the Federal Register.

7 ‘‘(c) No later than 120 days after the date of enactment

8 of this section, and based on the recommendations and list

9 issued pursuant to subsection (b), the Secretary shall dis10 tribute funds throughout the National Park Service. Prior11 ity shall be given to those areas with the highest rates of

12 sexual assault.

13 ‘‘(d) Funds provided under this section may be used

14 for the following purposes:

15 ‘‘(1) To increase lighting within or adjacent to

16 public parks and recreation areas.

17 ‘‘(2) To provide emergency phone lines to contact

18 law enforcement or security personnel in areas within

19 or adjacent to public parks and recreation areas.

20 ‘‘(3) To increase security or law enforcement per21 sonnel within or adjacent to public parks and recre22 ation areas.

23 ‘‘(4) Any other project intended to increase the

24 security and safety of public parks and recreation

25 areas.’’.
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1 SEC. 3233. GRANTS FOR CAPITAL IMPROVEMENTS TO PRE2 VENT CRIME IN PUBLIC PARKS.

3 Section 6 of the Land and Water Conservation Fund

4 Act of 1965 (16 U.S.C. 460l–8) is amended by adding at

5 the end the following new subsection:

6 ‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS

7 TO REDUCE CRIME.—In addition to assistance for plan8 ning projects, and in addition to the projects identified in

9 subsection (e), and from amounts appropriated, the Sec10 retary shall provide financial assistance to the States, not

11 to exceed $15,000,000 in total, for the following types of

12 projects or combinations thereof:

13 ‘‘(1) For the purpose of making capital improve14 ments and other measures to increase safety in urban

15 parks and recreation areas, including funds to—

16 ‘‘(A) increase lighting within or adjacent to

17 public parks and recreation areas;

18 ‘‘(B) provide emergency phone lines to con19 tact law enforcement or security personnel in

20 areas within or adjacent to public parks and

21 recreation areas;

22 ‘‘(C) increase security personnel within or

23 adjacent to public parks and recreation areas;

24 and
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1 ‘‘(D) fund any other project intended to in2 crease the security and safety of public parks

3 and recreation areas.

4 ‘‘(2) In addition to the requirements for project

5 approval imposed by this section, eligibility for assist6 ance under this subsection is dependent upon a show7 ing of need. In providing funds under this subsection,

8 the Secretary shall give priority to those projects pro9 posed for urban parks and recreation areas with the

10 highest rates of crime and, in particular, to urban

11 parks and recreation areas with the highest rates of

12 sexual assault.

13 ‘‘(3) Notwithstanding subsection (c), the Sec14 retary may provide 70 percent improvement grants

15 for projects undertaken by any State for the purposes

16 outlined in this subsection. The remaining share of

17 the cost shall be borne by the State.’’.

18 Subtitle D—National Commission

19 on Violence Against Women

20 SEC. 3241. ESTABLISHMENT.

21 Not later than 30 days after the date of enactment of

22 this Act, there shall be established a commission to be known

23 as the National Commission on Violence Against Women

24 (referred to in this subtitle as the ‘‘Commission’’).
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1 SEC. 3242. GENERAL PURPOSES OF COMMISSION.

2 (a) GENERAL PURPOSE OF THE COMMISSION.—The

3 Commission shall recommend Federal, State, and local

4 strategies for preventing and sanctioning violent crime

5 against women, including the enhancement and protection

6 of the rights of the victims of such crimes.

7 (b) FUNCTIONS.—The purpose of the Commission shall

8 include—

9 (1) evaluating the adequacy of, and make rec10 ommendations regarding, current law enforcement ef11 forts at the Federal and State levels to reduce the rate

12 of violent crimes against women and to punish those

13 responsible for such crime;

14 (2) evaluating the adequacy of, and make rec15 ommendations regarding, the responsiveness of State

16 prosecutors and State courts to violent crimes against

17 women;

18 (3) evaluating the adequacy of rules of evidence,

19 practice and procedure to ensure the effective prosecu20 tion and conviction of violent offenders against

21 women and to protect victims from abuse in legal

22 proceedings, making recommendations, where nec23 essary, to improve those rules;

24 (4) evaluating the adequacy of pretrial release,

25 sentencing, incarceration, and post-conviction release
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1 for crimes that predominantly affect women, such as

2 rape and domestic violence;

3 (5) evaluating the adequacy of, and make rec4 ommendations regarding, the adequacy of State and

5 Federal laws on sexual assault and the need for a

6 more uniform statutory response to sex offenses, in7 cluding sexual assaults and other sex offenses commit8 ted by offenders who are known or related by blood

9 or marriage to the victim;

10 (6) evaluating the adequacy of, and make rec11 ommendations regarding, the adequacy of State and

12 Federal Laws on domestic violence and the need for

13 a more uniform statutory response to domestic vio14 lence;

15 (7) evaluating the adequacy of, and make rec16 ommendations regarding, the adequacy of current

17 education, prevention, and protection services for

18 women victims of violent crimes;

19 (8) assessing the issuance, formulation, and en20 forcement of protective orders, whether or not related

21 to a criminal proceeding, and making recommenda22 tions for their more effective use in domestic violence

23 and stalking cases;
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1 (9) assessing the problem of stalking and persist2 ent menacing and recommending effective means of

3 response to the problem; and

4 (10) evaluating the adequacy of, and make rec5 ommendations regarding, the national public aware6 ness and the public dissemination of information es7 sential to the prevention of violent crimes against

8 women.

9 SEC. 3243. MEMBERSHIP.

10 (a) IN GENERAL.—The Commission shall consist of 12

11 members, as follows:

12 (1) PRESIDENT.—Four individuals, not more

13 than two of whom shall be of the same major political

14 party.

15 (2) SENATE.—Four individuals, two appointed

16 by the Majority Leader and two by the Minority

17 Leader.

18 (3) HOUSE OF REPRESENTATIVES.—Four indi19 viduals, two appointed by the Majority Leader and

20 two by the Minority Leader.

21 (b) REPRESENTATION.—The Commission members

22 shall be chosen based on their education, training, or experi23 ence, and shall include representatives of State and local

24 law enforcement, judicial administration, prosecution, legal

25 experts, persons devoted to the protection of victims’ rights,
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1 persons providing services to the victims of sexual assault

2 or domestic violence, and survivors of violence.

3 (c) VACANCIES.—A vacancy on the Commission shall

4 be filled in the manner in which the original appointment

5 was made.

6 SEC. 3244. COMMISSION OPERATIONS.

7 (a) MEETINGS.—The Commission shall hold its first

8 meeting not later than 90 days after the date of enactment

9 of this Act. After the initial meeting, the Commission shall

10 meet at least 6 times.

11 (b) CHAIR.—Not later than 15 days after the members

12 of the Commission are appointed, the President shall des13 ignate a chair from among the members of the Commission.

14 (c) PAY.—Members of the Commission who are officers

15 or employees or elected officials of a government entity shall

16 receive no additional compensation by reason of their serv17 ice on the Commission.

18 (d) PER DIEM.—Except as provided in subsection (c),

19 members of the Commission shall be allowed travel and

20 other expenses including per diem in lieu of subsistence, at

21 rates authorized for employees of agencies under sections

22 5702 and 5703 of title 5, United States Code.

23 SEC. 3245. REPORTS.

24 (a) IN GENERAL.—Not later than 1 year after the date

25 on which the Commission is fully constituted under section
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1 3243, the Commission shall prepare and submit a final re2 port to the President, the Senate Majority Leader, the Sen3 ate Republican Leader, the House Majority Leader, the

4 House Republican Leader, and to the congressional commit5 tees that have jurisdiction over legislation addressing vio6 lent crimes against women, including the crimes of domestic

7 and sexual assault.

8 (b) CONTENTS.—The final report submitted under

9 paragraph (1) shall contain a detailed statement of the ac10 tivities of the Commission and of the findings and conclu11 sions of the Commission, including such recommendations

12 for legislation and administrative action as the Commission

13 considers appropriate.

14 SEC. 3246. EXECUTIVE DIRECTOR AND STAFF.

15 (a) EXECUTIVE DIRECTOR.—

16 (1) APPOINTMENT.—The Commission shall have

17 an Executive Director who shall be appointed by the

18 Chair, with the approval of the Commission, not later

19 than 30 days after the Chair is selected.

20 (2) COMPENSATION.—The Executive Director

21 shall be compensated at a rate not to exceed the maxi22 mum rate of the basic pay payable for a position

23 above GS–15 of the General Schedule contained in

24 title 5, United States Code.
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1 (b) STAFF.—With the approval of the Commission, the

2 Executive Director may appoint and fix the compensation

3 of such additional personnel as the Executive Director con4 siders necessary to carry out the duties of the Commission.

5 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex6 ecutive Director and the additional personnel of the Com7 mission appointed under subsection (b) may be appointed

8 without regard to the provisions of title 5, United States

9 Code, governing appointments in the competitive service,

10 and may be paid without regard to the provisions of chapter

11 51 and subchapter III of chapter 53 of such title relating

12 to classification and General Schedule pay rates.

13 (d) CONSULTANTS.—Subject to such rules as may be

14 prescribed by the Commission, the Executive Director may

15 procure temporary or intermittent services under section

16 3109(b) of title 5, United States Code, at rates for individ17 uals not to exceed $200 per day.

18 SEC. 3247. POWERS OF COMMISSION.

19 (a) HEARINGS.—For the purpose of carrying out this

20 subtitle, the Commission may conduct such hearings, sit

21 and act at such times and places, take such testimony, and

22 receive such evidence, as the Commission considers appro23 priate. The Commission may administer oaths before the

24 Commission.
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1 (b) DELEGATION.—Any member or employee of the

2 Commission may, if authorized by the Commission, take

3 any action that the Commission is authorized to take under

4 this subtitle.

5 (c) ACCESS TO INFORMATION.—The Commission may

6 request directly from any executive department or agency

7 such information as may be necessary to enable the Com8 mission to carry out this subtitle, on the request of the Chair

9 of the Commission.

10 (d) MAILS.—The Commission may use the United

11 States mails in the same manner and under the same condi12 tions as other departments and agencies of the United

13 States.

14 SEC. 3248. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated to carry out

16 this subtitle $500,000 for fiscal year 1994.

17 SEC. 3249. TERMINATION.

18 The Commission shall cease to exist 30 days after the

19 date on which its final report is submitted under section

20 3244.

21 Subtitle E—New Evidentiary Rules

22 SEC. 3251. SEXUAL HISTORY IN ALL CRIMINAL CASES.

23 (a) RULE.—The Federal Rules of Evidence are amend24 ed by inserting after rule 412 the following new rule:
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1 ‘‘Rule 412A. Evidence of victim’s past behavior in

2 other criminal cases

3 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX4 CLUDED.—Notwithstanding any other law, in a criminal

5 case, other than a sex offense case governed by rule 412,

6 reputation or opinion evidence of the past sexual behavior

7 of an alleged victim is not admissible.

8 ‘‘(b) ADMISSIBILITY.—Notwithstanding any other law,

9 in a criminal case, other than a sex offense case governed

10 by rule 412, evidence of an alleged victim’s past sexual be11 havior (other than reputation and opinion evidence) may

12 be admissible if—

13 ‘‘(1) the evidence is admitted in accordance with

14 the procedures specified in subdivision (c); and

15 ‘‘(2) the probative value of the evidence out16 weighs the danger of unfair prejudice.

17 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

18 offer evidence of specific instances of the alleged victim’s

19 past sexual behavior, the defendant shall make a written

20 motion to offer such evidence not later than 15 days before

21 the date on which the trial in which such evidence is to

22 be offered is scheduled to begin, except that the court may

23 allow the motion to be made at a later date, including dur24 ing trial, if the court determines either that the evidence

25 is newly discovered and could not have been obtained earlier

26 through the exercise of due diligence or that the issue to
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1 which such evidence relates has newly arisen in the case.

2 Any motion made under this paragraph shall be served on

3 all other parties and on the alleged victim.

4 ‘‘(2) The motion described in paragraph (1) shall be

5 accompanied by a written offer of proof. If necessary, the

6 court shall order a hearing in chambers to determine if such

7 evidence is admissible. At the hearing, the parties may call

8 witnesses, including the alleged victim and offer relevant

9 evidence. Notwithstanding subdivision (b) of rule 104, if the

10 relevancy of the evidence which the defendant seeks to offer

11 in the trial depends upon the fulfillment of a condition of

12 fact, the court, at the hearing in chambers or at a subse13 quent hearing in chambers scheduled for such purpose, shall

14 accept evidence on the issue of whether such condition of

15 fact is fulfilled and shall determine such issue.

16 ‘‘(3) If the court determines on the basis of the hearing

17 described in paragraph (2), that the evidence the defendant

18 seeks to offer is relevant, not excluded by any other evi19 dentiary rule, and that the probative value of such evidence

20 outweighs the danger of unfair prejudice, such evidence

21 shall be admissible in the trial to the extent an order made

22 by the court specifies the evidence which may be offered and

23 areas with respect to which the alleged victim may be exam24 ined or cross-examined. In its order, the court should con25 sider (A) the chain of reasoning leading to its finding of
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1 relevance, and (B) why the probative value of the evidence

2 outweighs the danger of unfair prejudice given the potential

3 of the evidence to humiliate and embarrass the alleged vic4 tim and to result in unfair or biased jury inferences.’’.

5 (b) TECHNICAL AMENDMENT.—The table of contents

6 for the Federal Rules of Evidence is amended by inserting

7 after the item relating to rule 412 the following new item:

‘‘412A. Evidence of victim’s past behavior in other criminal cases:

‘‘(a) Reputation and opinion evidence excluded.

‘‘(b) Admissibility.

‘‘(c) Procedures.’’.

8 SEC. 3252. SEXUAL HISTORY IN CIVIL CASES.

9 (a) RULE.—The Federal Rules of Evidence, as amend10 ed by section 3251, are amended by adding after rule 412A

11 the following new rule:

12 ‘‘Rule 412B. Evidence of past sexual behavior in civil

13 cases

14 ‘‘(a) REPUTATION AND OPINION EVIDENCE EX15 CLUDED.—Notwithstanding any other law, in a civil case

16 in which a defendant is accused of actionable sexual mis17 conduct, reputation or opinion evidence of the plaintiff’s

18 past sexual behavior is not admissible.

19 ‘‘(b) ADMISSIBLE EVIDENCE.—Notwithstanding any

20 other law, in a civil case in which a defendant is accused

21 of actionable sexual misconduct, evidence of a plaintiff’s

22 past sexual behavior other than reputation or opinion evi23 dence may be admissible if—
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1 ‘‘(1) it is admitted in accordance with the proce2 dures specified in subdivision (c); and

3 ‘‘(2) the probative value of the evidence out4 weighs the danger of unfair prejudice.

5 ‘‘(c) PROCEDURES.—(1) If the defendant intends to

6 offer evidence of specific instances of the plaintiff’s past sex7 ual behavior, the defendant shall make a written motion

8 to offer such evidence not later than 15 days before the date

9 on which the trial in which such evidence is to be offered

10 is scheduled to begin, except that the court may allow the

11 motion to be made at a later date, including during trial,

12 if the court determines either that the evidence is newly dis13 covered and could not have been obtained earlier through

14 the exercise of due diligence or that the issue to which such

15 evidence relates has newly arisen in the case. Any motion

16 made under this paragraph shall be served on all other par17 ties and on the plaintiff.

18 ‘‘(2) The motion described in paragraph (1) shall be

19 accompanied by a written offer of proof. If necessary, the

20 court shall order a hearing in chambers to determine if such

21 evidence is admissible. At the hearing, the parties may call

22 witnesses, including the plaintiff and offer relevant evi23 dence. Notwithstanding subdivision (b) of rule 104, if the

24 relevancy of the evidence that the defendant seeks to offer

25 in the trial depends upon the fulfillment of a condition of
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1 fact, the court, at the hearing in chambers or at a subse2 quent hearing in chambers scheduled for the purpose, shall

3 accept evidence on the issue of whether the condition of fact

4 is fulfilled and shall determine such issue.

5 ‘‘(3) If the court determines on the basis of the hearing

6 described in paragraph (2) that the evidence the defendant

7 seeks to offer is relevant and not excluded by any other evi8 dentiary rule, and that the probative value of the evidence

9 outweighs the danger of unfair prejudice, the evidence shall

10 be admissible in the trial to the extent an order made by

11 the court specifies evidence that may be offered and areas

12 with respect to which the plaintiff may be examined or

13 cross-examined. In its order, the court should consider—

14 ‘‘(A) the chain of reasoning leading to its finding

15 of relevance; and

16 ‘‘(B) why the probative value of the evidence out17 weighs the danger of unfair prejudice given the poten18 tial of the evidence to humiliate and embarrass the al19 leged victim and to result in unfair or biased jury in20 ferences.

21 ‘‘(d) DEFINITIONS.—For purposes of this rule, a case

22 involving a claim of actionable sexual misconduct, includes

23 sexual harassment or sex discrimination claims brought

24 pursuant to title VII of the Civil Rights Act of 1964 (42

25 U.S.C. 2000(e)) and gender bias claims brought pursuant
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1 to title XXXIV of the Violence Against Women Act of

2 1993.’’.

3 (b) TECHNICAL AMENDMENT.—The table of contents

4 for the Federal Rules of Evidence, as amended by section

5 3251, is amended by inserting after the item relating to

6 rule 412A the following new item:

‘‘412B. Evidence of past sexual behavior in civil cases:

‘‘(a) Reputation and opinion evidence excluded.

‘‘(b) Admissible evidence.

‘‘(c) Procedures.

‘‘(d) Definitions.’’.

7 SEC. 3253. AMENDMENTS TO RAPE SHIELD LAW.

8 (a) RULE.—Rule 412 of the Federal Rules of Evidence

9 is amended—

10 (1) by adding at the end the following new sub11 divisions:

12 ‘‘(e) INTERLOCUTORY APPEAL.—Notwithstanding any

13 other law, any evidentiary rulings made pursuant to this

14 rule are subject to interlocutory appeal by the government

15 or by the alleged victim.

16 ‘‘(f) RULE OF RELEVANCE AND PRIVILEGE.—If the

17 prosecution seeks to offer evidence of prior sexual history,

18 the provisions of this rule may be waived by the alleged

19 victim.’’; and

20 (2) by adding at the end of subdivision (c)(3) the

21 following: ‘‘In its order, the court should consider (A)

22 the chain of reasoning leading to its finding of rel23 evance; and (B) why the probative value of the evi-
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1 dence outweighs the danger of unfair prejudice given

2 the potential of the evidence to humiliate and embar3 rass the alleged victim and to result in unfair or bi4 ased jury inferences.’’.

5 (b) TECHNICAL AMENDMENT.—The table of contents

6 for the Federal Rules of Evidence is amended by adding

7 at the end the item relating to rule 412 the following:

‘‘(e) Interlocutory appeal.

‘‘(f) Rule of relevance and privilege.’’.

8 SEC. 3254. EVIDENCE OF CLOTHING.

9 (a) RULE.—The Federal Rules of Evidence, as amend10 ed by section 3252, are amended by adding after rule 412B

11 the following new rule:

12 ‘‘Rule 413. Evidence of victim’s clothing as inciting vi13 olence

14 ‘‘Notwithstanding any other law, in a criminal case

15 in which a person is accused of an offense under chapter

16 109A of title 18, United States Code, evidence of an alleged

17 victim’s clothing is not admissible to show that the alleged

18 victim incited or invited the offense charged.’’.

19 (b) TECHNICAL AMENDMENT.—The table of contents

20 for the Federal Rules of Evidence, as amended by section

21 3252, is amended by inserting after the item relating to

22 rule 412B the following new item:

‘‘413. Evidence of victim’s clothing as inciting violence.’’.
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1 Subtitle F—Assistance to Victims of

2 Sexual Assault

3 SEC. 3261. EDUCATION AND PREVENTION GRANTS TO RE4 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

5 Part A of title XIX of the Public Health and Health

6 Services Act (42 U.S.C. 300w et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION

9 EDUCATION.

10 ‘‘(a) PERMITTED USE.—Notwithstanding section

11 1904(a)(1), amounts transferred by the State for use under

12 this part may be used for rape prevention and education

13 programs conducted by rape crisis centers or similar non14 governmental nonprofit entities, which programs may in15 clude—

16 ‘‘(1) educational seminars;

17 ‘‘(2) the operation of hotlines;

18 ‘‘(3) training programs for professionals;

19 ‘‘(4) the preparation of informational materials;

20 and

21 ‘‘(5) other efforts to increase awareness of the

22 facts about, or to help prevent, sexual assault, includ23 ing efforts to increase awareness in underserved ra24 cial, ethnic, and language minority communities.
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1 ‘‘(b) TARGETING OF EDUCATION PROGRAMS.—States

2 providing grant monies must ensure that at least 25 percent

3 of the monies are devoted to education programs targeted

4 for middle school, junior high school, and high school

5 students.

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to carry out this section

8 $65,000,000 for each of fiscal years 1994, 1995, and 1996.

9 ‘‘(d) LIMITATION.—Funds authorized under this sec10 tion may only be used for providing rape prevention and

11 education programs.

12 ‘‘(e) DEFINITION.—For purposes of this section, the

13 term ‘rape prevention and education’ includes education

14 and prevention efforts directed at offenses committed by of15 fenders who are not known to the victim as well as offenders

16 who are known to the victim.

17 ‘‘(f) TERMS.—States shall be allotted funds under this

18 section pursuant to the terms of sections 1902 and 1903,

19 and subject to the conditions provided in this section and

20 sections 1904 through 1909.’’.

21 SEC. 3262. RAPE EXAM PAYMENTS.

22 (a) No State or other grantee is entitled to funds under

23 title XXXII of the Violence Against Women Act of 1993 un24 less the State or other grantee incurs the full cost of forensic

25 medical exams for victims of sexual assault. A State or
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1 other grantee does not incur the full medical cost of forensic

2 medical exams if it chooses to reimburse the victim after

3 the fact unless the reimbursement program waives any min4 imum loss or deductible requirement, provides victim reim5 bursement within a reasonable time (90 days), permits ap6 plications for reimbursement within one year from the date

7 of the exam, and provides information to all subjects of fo8 rensic medical exams about how to obtain reimbursement.

9 (b) Within 90 days after the enactment of this Act,

10 the Director of the Office of Victims of Crime shall propose

11 regulations to implement this section, detailing qualified

12 programs. Such regulations shall specify the type and form

13 of information to be provided victims, including provisions

14 for multilingual information, where appropriate.

15 SEC. 3263. EDUCATION AND PREVENTION GRANTS TO RE16 DUCE SEXUAL ABUSE OF FEMALE RUNAWAY,

17 HOMELESS, AND STREET YOUTH.

18 Part A of the Runaway and Homeless Youth Act (42

19 U.S.C. 5711 et seq.) is amended by—

20 (1) redesignating sections 316 and 317 as sec21 tions 317 and 318, respectively; and

22 (2) inserting after section 315 the following new

23 section:
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1 ‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND

2 EXPLOITATION

3 ‘‘SEC. 316. (a) IN GENERAL.—The Secretary shall

4 make grants under this section to private, nonprofit agen5 cies for street-based outreach and education, including

6 treatment, counseling, and information and referral, for fe7 male runaway, homeless, and street youth who have been

8 subjected to or are at risk of being subjected to sexual abuse.

9 ‘‘(b) PRIORITY.—In selecting among applicants for

10 grants under subsection (a), the Secretary shall give prior11 ity to agencies that have experience in providing services

12 to female runaway, homeless, and street youth.

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated to carry out this section

15 $10,000,000 for each of fiscal years 1994, 1995, and 1996.

16 ‘‘(d) DEFINITIONS.—For the purposes of this section—

17 ‘‘(1) the term ‘street-based outreach and edu18 cation’ includes education and prevention efforts di19 rected at offenses committed by offenders who are not

20 known to the victim as well as offenders who are

21 known to the victim; and

22 ‘‘(2) the term ‘street youth’ means a female less

23 than 21 years old who spends a significant amount

24 of time on the street or in other areas of exposure to

25 encounters that may lead to sexual abuse.’’.
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1 SEC. 3264. VICTIM’S RIGHT OF ALLOCUTION IN SENTENC2 ING.

3 Rule 32 of the Federal Rules of Criminal Procedure

4 is amended—

5 (1) by striking ‘‘and’’ at the end of subdivision

6 (a)(1)(B);

7 (2) by striking the period at the end of subdivi8 sion (a)(1)(C) and inserting ‘‘; and’’;

9 (3) by inserting after subdivision (a)(1)(C) the

10 following new subdivision:

11 ‘‘(D) if sentence is to be imposed for a crime of

12 violence or sexual abuse, address the victim personally

13 if the victim is present at the sentencing hearing and

14 determine if the victim wishes to make a statement

15 and to present any information in relation to the sen16 tence.’’;

17 (4) in the penultimate sentence of subdivision

18 (a)(1), by striking ‘‘equivalent opportunity’’ and in19 serting ‘‘opportunity equivalent to that of the defend20 ant’s counsel’’;

21 (5) in the last sentence of subdivision (a)(1) by

22 inserting ‘‘the victim,’’ before ‘‘or the attorney for the

23 Government.’’; and

24 (6) by adding at the end the following new sub25 division:

26 ‘‘(f) DEFINITIONS.—For purposes of this rule—
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1 ‘‘(1) the term ‘victim’ means any person against

2 whom an offense for which a sentence is to be imposed

3 has been committed, but the right of allocution under

4 subdivision (a)(1)(D) may be exercised instead by—

5 ‘‘(A) a parent or legal guardian in case the

6 victim is below the age of 18 years or incom7 petent; or

8 ‘‘(B) 1 or more family members or relatives

9 designated by the court in case the victim is de10 ceased or incapacitated,

11 if such person or persons are present at the sentencing

12 hearing, regardless of whether the victim is present;

13 and

14 ‘‘(2) the term ‘crime of violence or sexual abuse’

15 means a crime that involved the use or attempted or

16 threatened use of physical force against the person or

17 property of another, or a crime under chapter 109A

18 of title 18, United States Code.’’.

19 TITLE XXXIII—SAFE HOMES FOR

20 WOMEN

21 SEC. 3301. SHORT TITLE.

22 This title may be cited as the ‘‘Safe Homes for Women

23 Act of 1993’’.
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1 Subtitle A—Family Violence Preven2 tion and Services Act Amend3 ments

4 SEC. 3311. GRANT FOR A NATIONAL DOMESTIC VIOLENCE

5 HOTLINE.

6 The Family Violence Prevention and Services Act (42

7 U.S.C. 10401 et seq.) is amended by adding at the end the

8 following new section:

9 ‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE

10 GRANT.

11 ‘‘(a) IN GENERAL.—The Secretary may award a grant

12 to a private, nonprofit entity to provide for the operation

13 of a national, toll-free telephone hotline to provide informa14 tion and assistance to victims of domestic violence.

15 ‘‘(b) ACTIVITIES.—Funds received by an entity under

16 this section shall be utilized to open and operate a national,

17 toll-free domestic violence hotline. Such funds may be used

18 for activities including—

19 ‘‘(1) contracting with a carrier for the use of a

20 toll-free telephone line;

21 ‘‘(2) employing, training and supervising per22 sonnel to answer incoming calls and provide counsel23 ing and referral services to callers on a 24-hour-a-day

24 basis;
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1 ‘‘(3) assembling, maintaining, and continually

2 updating a database of information and resources to

3 which callers may be referred throughout the United

4 States; and

5 ‘‘(4) publicizing the hotline to potential users

6 throughout the United States.

7 ‘‘(c) APPLICATION.—A grant may not be made under

8 this section unless an application for such grant has been

9 approved by the Secretary. To be approved by the Secretary

10 under this subsection an application shall—

11 ‘‘(1) provide such agreements, assurances, and

12 information, be in such form and be submitted in

13 such manner as the Secretary shall prescribe through

14 notice in the Federal Register;

15 ‘‘(2) include a complete description of the appli16 cant’s plan for the operation of a national domestic

17 violence hotline, including descriptions of—

18 ‘‘(A) the training program for hotline per19 sonnel;

20 ‘‘(B) the hiring criteria for hotline person21 nel;

22 ‘‘(C) the methods for the creation, mainte23 nance and updating of a resource database; and

24 ‘‘(D) a plan for publicizing the availability

25 of the hotline;
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1 ‘‘(3) demonstrate that the applicant has nation2 ally recognized expertise in the area of domestic vio3 lence and a record of high quality service to victims

4 of domestic violence; and

5 ‘‘(4) contain such other information as the Sec6 retary may require.

7 ‘‘(d) SPECIAL CONSIDERATIONS.—In considering an

8 application under subsection (c), the Secretary shall also

9 take into account the applicant’s ability to offer multi10 lingual services and services for the hearing impaired.

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated to carry out this section

13 $500,000 for each of fiscal years 1994, 1995, and 1996.’’.

14 Subtitle B—Interstate Enforcement

15 SEC. 3321. INTERSTATE ENFORCEMENT.

16 (a) IN GENERAL.—Part 1 of title 18, United States

17 Code, is amended by inserting after chapter 110 the follow18 ing new chapter:

19 ‘‘CHAPTER 110A—VIOLENCE AGAINST

20 SPOUSES

‘‘Sec. 2261. Traveling to commit spousal abuse.

‘‘Sec. 2262. Interstate violation of protection orders.

‘‘Sec. 2263. Interim protections.

‘‘Sec. 2264. Restitution.

‘‘Sec. 2265. Full faith and credit given to protection orders.

‘‘Sec. 2266. Definitions.
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1 ‘‘§ 2261. Traveling to commit spousal abuse

2 ‘‘(a) IN GENERAL.—Any person who travels across a

3 State line with the intent to injure, harass, intimidate his

4 or her spouse or intimate partners and who, in the course

5 of or as a result of such travel, commits an act that injures

6 his or her spouse or intimate partner shall be punished as

7 provided in subsection (c).

8 ‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any

9 person who causes a spouse or intimate partner to cross

10 a State line by force, coercion, duress or fraud and, in the

11 course or as a result of that conduct, commits an act that

12 injures his or her spouse or intimate partner shall be pun13 ished as provided in subsection (c).

14 ‘‘(c) PENALTIES.—A person who violates this section

15 shall be punished as follows:

16 ‘‘(1) If permanent disfigurement or life-threaten17 ing bodily injury results, by imprisonment for not

18 more than 20 years; if serious bodily injury results,

19 by fine under this title or imprisonment for not more

20 than 10 years, or both.

21 ‘‘(2) If the offense is committed with intent to

22 commit another felony, by fine under this title or im23 prisonment for not more than 10 years, or both.

24 ‘‘(3) If the offense is committed with a dangerous

25 weapon, with intent to do bodily harm, by fine under
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1 this title or imprisonment for not more than 5 years,

2 or both.

3 ‘‘(4) If the offense constitutes sexual abuse, as

4 that conduct is described under chapter 109A of title

5 18, United States Code (without regard to whether the

6 offense was committed in the maritime, territorial or

7 prison jurisdiction of the United States), by fine or

8 term of imprisonment as provided for the applicable

9 conduct under chapter 109A.

10 ‘‘(5) In a case not described in paragraph (1),

11 (2), (3), or (4), by fine under this title or imprison12 ment for not more than 5 years, or both.

13 ‘‘(d) CRIMINAL INTENT.—The criminal intent of the

14 offender required to establish an offense under subsection

15 (b) does not require a showing of the specific intent to vio16 late the law of a State.

17 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing

18 in this section requires a prior criminal prosecution or con19 viction or a prior civil protection order issued under State

20 law to initiate Federal prosecution.

21 ‘‘§ 2262. Interstate violation of protection orders

22 ‘‘(a) IN GENERAL.—Any person against whom a valid

23 protection order has been entered who—
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1 ‘‘(1) travels across a State line with the intent

2 to injure, harass, intimidate, or contact a spouse or

3 intimate partner; and

4 ‘‘(2) commits an act that injures, harasses, or in5 timidates a spouse or intimate partner or otherwise

6 violates a valid protection order issued by a State,

7 shall be punished as provided in subsection (c).

8 ‘‘(b) CAUSING THE CROSSING OF A STATE LINE.—Any

9 person who causes a spouse or intimate partner to cross

10 a State line by force, coercion, duress, or fraud, and, in

11 the course or as a result of that conduct, commits an act

12 that injures his or her spouse or intimate partner in viola13 tion of a valid protection order issued by a State shall be

14 punished as provided in subsection (c).

15 ‘‘(c) PENALTIES.—A person who violates this section

16 shall be punished as follows:

17 ‘‘(1) If permanent disfigurement or life-threaten18 ing bodily injury results, by imprisonment for not

19 more than 20 years; if serious bodily injury results,

20 by fine under this title or imprisonment for not more

21 than 10 years, or both.

22 ‘‘(2) If the offense is committed with intent to

23 commit another felony, by fine under this title or im24 prisonment for not more than 10 years, or both.
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1 ‘‘(3) If the offense is committed with a dangerous

2 weapon, with intent to do bodily harm, by fine under

3 this title or imprisonment for not more than 5 years,

4 or both.

5 ‘‘(4) If the offender has previously violated any

6 prior protection order issued against that person for

7 the protection of the same victim, by fine under this

8 title or imprisonment for not more than 5 years and

9 not less than 6 months, or both.

10 ‘‘(5) If the offense constitutes sexual abuse, as

11 that conduct is described under chapter 109A of title

12 18, United States Code (without regard to whether the

13 conduct was committed in the special maritime, terri14 torial or prison jurisdiction of the United States), by

15 fine or term of imprisonment as provided for the ap16 plicable offense under chapter 109A.

17 ‘‘(6) In a case not described in paragraph (1),

18 (2), (3), (4), or (5), by fine under this title or impris19 onment for not more than 5 years, or both.

20 ‘‘(d) CRIMINAL INTENT.—The criminal intent required

21 to establish the offense provided in subsection (a) does not

22 require a showing of the specific intent to violate a protec23 tion order or the law of any State.
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1 ‘‘(e) NO PRIOR STATE ACTION NECESSARY.—Nothing

2 in this section requires a prior criminal prosecution or con3 viction under State law to initiate Federal prosecution.

4 ‘‘§ 2263. Pretrial release of defendant

5 ‘‘In any proceeding pursuant to section 3142 of this

6 title for the purpose of determining whether a defendant

7 charged under this section shall be released pending trial,

8 or for the purpose of determining conditions of such release,

9 the alleged victim shall be given an opportunity to be heard

10 regarding the danger posed by the defendant.

11 ‘‘§ 2264. Restitution

12 ‘‘(a) IN GENERAL.—In addition to any fine or term

13 of imprisonment provided under this chapter, and notwith14 standing section 3663, the court shall order restitution to

15 the victim of an offense under this chapter.

16 ‘‘(b) SCOPE AND NATURE OF ORDER.—(1) An order

17 of restitution under this section shall direct that—

18 ‘‘(A) the defendant pay to the victim (through

19 the appropriate court mechanism) the full amount of

20 the victim’s losses as determined by the court, pursu21 ant to paragraph (2); and

22 ‘‘(B) the United States Attorney enforce the res23 titution order by all available and reasonable means.
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1 ‘‘(2) For purposes of this subsection, the term ‘full

2 amount of the victim’s losses’ includes any costs incurred

3 by the victim for—

4 ‘‘(A) medical services relating to physical, psy5 chiatric, or psychological care;

6 ‘‘(B) physical and occupational therapy or reha7 bilitation;

8 ‘‘(C) lost income;

9 ‘‘(D) attorneys’ fees, plus any costs incurred in

10 obtaining a civil protection order; and

11 ‘‘(E) any other losses suffered by the victim as

12 a proximate result of the offense.

13 ‘‘(3) A restitution order under this section is manda14 tory. A court may not decline to issue an order under this

15 section because of—

16 ‘‘(A) the economic circumstances of the defend17 ant; or

18 ‘‘(B) the fact that victim has, or is entitled to,

19 receive compensation for his or her injuries from the

20 proceeds of insurance.

21 ‘‘(4)(A) Notwithstanding paragraph (3), the court may

22 take into account the economic circumstances of the defend23 ant in determining the manner in which and the schedule

24 according to which the restitution is to be paid, including—
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1 ‘‘(i) the financial resources and other assets of

2 the defendant;

3 ‘‘(ii) projected earnings, earning capacity, and

4 other income of the defendant; and

5 ‘‘(iii) any financial obligations of the offender,

6 including obligations to dependents.

7 ‘‘(B) An order under this section may direct the de8 fendant to make a single lump-sum payment, or partial

9 payments at specified intervals. The order shall provide

10 that the defendant’s restitutionary obligation takes priority

11 over any criminal fine ordered.

12 ‘‘(C) If the victim has recovered for any amount of loss

13 through the proceeds of insurance or any other source, the

14 order of restitution shall provide that restitution be paid

15 to the person who provided the compensation, but that res16 titution shall be paid to the victim for the victim’s other

17 losses before any restitution is paid to any other provider

18 of compensation.

19 ‘‘(5) Any amount paid to a victim under this section

20 shall be set off against any amount later recovered as com21 pensatory damages by the victim from the defendant in—

22 ‘‘(A) any Federal civil proceeding; and

23 ‘‘(B) any State civil proceeding, to the extent

24 provided by the law of the State.
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1 ‘‘(c) PROOF OF CLAIM.—(1) Within 60 days after con2 viction and, in any event, no later than 10 days prior to

3 sentencing, the United States Attorney (or the United States

4 Attorney’s delegee), after consulting with the victim, shall

5 prepare and file an affidavit with the court listing the

6 amounts subject to restitution under this section. The affi7 davit shall be signed by the United States Attorney (or the

8 United States Attorney’s delegee) and the victim. Should

9 the victim object to any of the information included in the

10 affidavit, the United States Attorney (or the United States

11 Attorney’s delegee) shall advise the victim that the victim

12 may file a separate affidavit and shall provide the victim

13 with an affidavit form which may be used to do so.

14 ‘‘(2) If no objection is raised by the defendant, the

15 amounts attested to in the affidavit filed pursuant to para16 graph (1) shall be entered in the court’s restitution order.

17 If objection is raised, the court may require the victim or

18 the United States Attorney (or the United States Attorney’s

19 delegee) to submit further affidavits or other supporting

20 documents, demonstrating the victim’s losses.

21 ‘‘(3) If the court concludes, after reviewing the support22 ing documentation and considering the defendant’s objec23 tions, that there is a substantial reason for doubting the

24 authenticity or veracity of the records submitted, the court

25 may require additional documentation or hear testimony
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1 on those questions. Any records filed, or testimony heard,

2 pursuant to this subsection, shall be in camera in the

3 judge’s chambers.

4 ‘‘(4) If the victim’s losses are not ascertainable 10 days

5 prior to sentencing as provided in subsection (c)(1), the

6 United States Attorney (or the United States Attorney’s

7 delegee) shall so inform the court, and the court shall set

8 a date for the final determination of the victim’s losses, not

9 to exceed 90 days after sentencing. If the victim subse10 quently discovers further losses, the victim shall have 60

11 days after discovery of those losses in which to petition the

12 court for an amended restitution order. Such an order may

13 be granted only upon a showing of good cause for the failure

14 to include such losses in the initial claim for restitutionary

15 relief.

16 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

17 award of restitution to the victim of an offense under this

18 chapter shall not be a substitute for imposition of punish19 ment under sections 2261 and 2262.

20 ‘‘(e) DEFINITIONS.—For purposes of this section, the

21 term ‘victim’ includes the person harmed as a result of a

22 commission of a crime under this chapter, including, in the

23 case of a victim who is under 18 years of age, incompetent,

24 incapacitated, or deceased, the legal guardian of the victim

25 or representative of the victim’s estate, another family mem-
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1 ber, or any other person appointed as suitable by the court,

2 but in no event shall the defendant be named as such a

3 representative or guardian.

4 ‘‘§ 2265. Full faith and credit given to protection or5 ders

6 ‘‘(a) FULL FAITH AND CREDIT.—Any protection order

7 issued consistent with subsection (b) by the court of 1 State

8 (the issuing State) shall be accorded full faith and credit

9 by the court of another State (the enforcing State) and en10 forced as if it were the order of the enforcing State.

11 ‘‘(b) PROTECTION ORDER.—(1) A protection order is12 sued by a State court is consistent with this subsection if—

13 ‘‘(A) the court has jurisdiction over the parties

14 and matter under the law of the State; and

15 ‘‘(B) reasonable notice and opportunity to be

16 heard is given to the person against whom the order

17 is sought sufficient to protect that person’s right to

18 due process.

19 ‘‘(2) In the case of an order under paragraph (1) that

20 is issued ex parte, notice and opportunity to be heard shall

21 be provided within the time required by State law, and in

22 any event within a reasonable time after the order is issued,

23 sufficient to protect the respondent’s due process rights.

24 ‘‘(c) CROSS- OR COUNTER-PETITION.—A protection

25 order issued by a State court against one who has peti-
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1 tioned, filed a complaint, or otherwise filed a written plead2 ing for protection against abuse by a spouse or intimate

3 partner is not entitled to full faith and credit if—

4 ‘‘(1) no cross- or counter-petition, complaint, or

5 other written pleading was filed seeking such a pro6 tection order; or

7 ‘‘(2) if a cross- or counter-petition has been filed,

8 if the court did not make specific findings that each

9 party was entitled to such an order.

10 ‘‘§ 2266. Definitions

11 ‘‘As used in this chapter—

12 ‘‘(1) the term ‘spouse or intimate partner’ in13 cludes—

14 ‘‘(A) a present or former spouse, a person

15 who shares a child in common with an abuser,

16 and a person who cohabits or has cohabited with

17 an abuser as a spouse; and

18 ‘‘(B) any other person similarly situated to

19 a spouse who is protected by the domestic or

20 family violence laws of the State in which the in21 jury occurred or where the victim resides, or any

22 other adult person who is protected from an

23 abuser’s acts under the domestic or family vio24 lence laws of the State in which the injury oc25 curred or where the victim resides;
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1 ‘‘(2) the term ‘protection order’ includes an in2 junction or other order issued for the purpose of pre3 venting violent or threatening acts by 1 spouse

4 against his or her spouse or intimate partner, includ5 ing a temporary or final order issued by a civil or

6 criminal court (other than a support or child custody

7 order or provision) whether obtained by filing an

8 independent action or as a pendente lite order in an9 other proceeding, so long as, in the case of a civil

10 order, the order was issued in response to a com11 plaint, petition, or motion filed by or on behalf of an

12 abused spouse or intimate partner;

13 ‘‘(3) the term ‘act that injures’ includes any act,

14 except one done in self-defense, that results in phys15 ical injury or sexual abuse;

16 ‘‘(4) the term ‘State’ includes a State of the

17 United States, the District of Columbia, and any In18 dian tribe, commonwealth, territory, or possession of

19 the United States; and

20 ‘‘(5) the term ‘travel across a State line’ includes

21 any travel except travel across a State line by an In22 dian tribal member when that member remained at

23 all times on tribal lands.’’.
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1 (b) TECHNICAL AMENDMENT.—The part analysis for

2 part 1 of title 18, United States Code, is amended by insert3 ing after the item for chapter 110 the following new item:

‘‘110A. Violence against spouses ....................................................... 2261.’’.

4 Subtitle C—Arrest in Spousal Abuse

5 Cases

6 SEC. 3331. ENCOURAGING ARREST POLICIES.

7 The Family Violence Prevention and Services Act (42

8 U.S.C. 10401 et seq.), as amended by section 3311, is

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

10 ‘‘SEC. 317. ENCOURAGING ARREST POLICIES.

11 ‘‘(a) PURPOSE.—To encourage States, Indian tribes

12 and localities to treat spousal violence as a serious violation

13 of criminal law, the Secretary may make grants to eligible

14 States, Indian tribes, municipalities, or local government

15 entities for the following purposes:

16 ‘‘(1) To implement pro-arrest programs and

17 policies in police departments and to improve track18 ing of cases involving spousal abuse.

19 ‘‘(2) To centralize police enforcement, prosecu20 tion, or judicial responsibility for, spousal abuse cases

21 in one group or unit of police officers, prosecutors, or

22 judges.

23 ‘‘(3) To coordinate computer tracking systems to

24 ensure communication between police, prosecutors,

25 and both criminal and family courts.
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1 ‘‘(4) To educate judges in criminal and other

2 courts about spousal abuse and to improve judicial

3 handling of such cases.

4 ‘‘(b) ELIGIBILITY.—(1) Eligible grantees are those

5 States, Indian tribes, municipalities or other local govern6 ment entities that—

7 ‘‘(A) demonstrate, through arrest and conviction

8 statistics, that their laws or policies have been effec9 tive in significantly increasing the number of arrests

10 made of spouse abusers;

11 ‘‘(B) certify that their laws or official policies—

12 ‘‘(i) mandate arrest of spouse abusers based

13 on probable cause that violence has been commit14 ted; or

15 ‘‘(ii) permit warrantless arrests of spouse

16 abusers, encourage the use of that authority, and

17 mandate arrest of spouses violating the terms of

18 a valid and outstanding protection order;

19 ‘‘(C) demonstrate that their laws, policies, prac20 tices and training programs discourage ‘dual’ arrests

21 of abused and abuser;

22 ‘‘(D) certify that their laws, policies, and prac23 tices prohibit issuance of mutual protection orders in

24 cases where only one spouse has sought a protection

25 order, and require findings of mutual aggression to
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1 issue mutual protection orders in cases where both

2 parties file a claim; and

3 ‘‘(E) certify that their laws, policies, and prac4 tices do not require, in connection with the prosecu5 tion of any misdemeanor or felony spouse abuse of6 fense, that the abused bear the costs associated with

7 the filing of criminal charges or the service of such

8 charges on an abuser; or that the abused bear the costs

9 associated with the issuance or service of a warrant,

10 protection order or witness subpoena.

11 ‘‘(2) For purposes of this section—

12 ‘‘(A) the term ‘protection order’ includes any in13 junction issued for the purpose of preventing violent

14 or threatening acts of spouse abuse, including a tem15 porary or final order issued by civil or criminal

16 courts (other than support or child custody orders or

17 provisions) whether obtained by filing an independent

18 action or as a pendente lite order in another proceed19 ing; and

20 ‘‘(B) the term ‘spousal or spouse abuse’ includes

21 a felony or misdemeanor offense committed by a cur22 rent or former spouse of the victim, a person with

23 whom the victim shares a child in common, a person

24 who is cohabiting with or has cohabited with the vic25 tim as a spouse, a person similarly situated to a
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1 spouse of the victim under the domestic or family vio2 lence laws of the jurisdiction receiving grant monies,

3 or committed by any other adult person upon a vic4 tim who is protected from that person’s acts under the

5 domestic or family violence laws of the jurisdiction

6 receiving grant monies.

7 ‘‘(3) The eligibility requirements provided in this sec8 tion shall take effect on the date that is 1 year after the

9 date of enactment of this section.

10 ‘‘(c) DELEGATION AND AUTHORIZATION.—The Sec11 retary shall delegate to the Attorney General of the United

12 States the Secretary’s responsibilities for carrying out this

13 section. There are authorized to be appropriated not in ex14 cess of $25,000,000 for each fiscal year to be used for the

15 purpose of making grants under this section.

16 ‘‘(d) APPLICATION.—An eligible grantee shall submit

17 an application to the Secretary. Such an application

18 shall—

19 ‘‘(1) contain a certification by the chief executive

20 officer of the State, Indian tribe, municipality, or

21 local government entity that the conditions of sub22 section (b) are met;

23 ‘‘(2) describe the entity’s plans to further the

24 purposes listed in subsection (a);
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1 ‘‘(3) identify the agency or office or groups of

2 agencies or offices responsible for carrying out the

3 program; and

4 ‘‘(4) identify and include documentation show5 ing the nonprofit nongovernmental victim services

6 programs that will be consulted in developing, and

7 implementing, the program.

8 ‘‘(e) PRIORITY.—In awarding grants under this sec9 tion, the Secretary shall give priority to a grantee that—

10 ‘‘(1) does not currently provide for centralized

11 handling of cases involving spousal or family violence

12 in any one of the areas listed in this subsection—po13 lice, prosecutors, and courts; and

14 ‘‘(2) demonstrates a commitment to strong en15 forcement of laws, and prosecution of cases, involving

16 spousal or family violence.

17 ‘‘(f) REPORTING.—Each grantee receiving funds under

18 this section shall submit a report to the Secretary evaluat19 ing the effectiveness of the plan described in subsection

20 (d)(2) and containing such additional information as the

21 Secretary may prescribe.

22 ‘‘(g) REGULATIONS.—No later than 45 days after the

23 date of enactment of this section, the Secretary shall publish

24 proposed regulations implementing this section. No later
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1 than 120 days after such date, the Secretary shall publish

2 final regulations implementing this section.’’.

3 Subtitle D—DOMESTIC VIOLENCE,

4 FAMILY SUPPORT, AND SHEL5 TER GRANTS

6 SEC. 3341. DOMESTIC VIOLENCE AND FAMILY SUPPORT

7 GRANT PROGRAM.

8 (a) PURPOSE.—The purpose of this section is to

9 strengthen and improve State and local efforts to prevent

10 and punish domestic violence and other criminal and un11 lawful acts that particularly affect women, and to assist

12 and protect the victims of such crimes and acts.

13 (b) AUTHORIZATION OF GRANTS.—The Secretary of

14 Health and Human Services shall make grants to support

15 projects and programs relating to domestic violence and

16 other criminal and unlawful acts that particularly affect

17 women, including support of—

18 (1) training and policy development programs

19 for law enforcement officers and prosecutors concern20 ing the investigation and prosecution of domestic vio21 lence;

22 (2) law enforcement and prosecutorial units and

23 teams that target domestic violence;

24 (3) model, innovative, and demonstration law

25 enforcement programs relating to domestic violence
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1 that involve pro-arrest and aggressive prosecution

2 policies;

3 (4) model, innovative, and demonstration pro4 grams for the effective utilization and enforcement of

5 protective orders;

6 (5) programs addressing stalking and persistent

7 menacing;

8 (6) victim services programs for victims of do9 mestic violence;

10 (7) educational and informational programs re11 lating to domestic violence;

12 (8) resource centers providing information, tech13 nical assistance, and training to domestic violence

14 service providers, agencies, and programs;

15 (9) coalitions of domestic violence service provid16 ers, agencies, and programs;

17 (10) training programs for judges and court per18 sonnel in relation to cases involving domestic vio19 lence;

20 (11) enforcement of child support obligations, in21 cluding cooperative efforts and arrangements of States

22 to improve enforcement in cases involving interstate

23 elements; and

24 (12) shelters that provide services for victims of

25 domestic violence and related programs.
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1 (c) FORMULA GRANTS.—Of the amount appropriated

2 in each fiscal year for grants under this section, other than

3 the amount set aside to carry out subsection (d)—

4 (1) 1 percent shall be set aside for each partici5 pating State; and

6 (2) the remainder shall be allocated to the par7 ticipating States in proportion to their populations;

8 for the use of State and local governments in the States.

9 (d) DISCRETIONARY GRANTS.—Of the amount appro10 priated in each fiscal year, 20 percent shall be set aside

11 in a discretionary fund to provide grants to public and pri12 vate agencies to further the purposes and objectives set forth

13 in subsections (a) and (b).

14 (e) APPLICATION FOR FORMULA GRANTS.—To request

15 a grant under subsection (c), the chief executive officer of

16 a State must, in each fiscal year, submit to the Secretary

17 a plan for addressing domestic violence and other criminal

18 and unlawful acts that particularly affect women in the

19 State, including a specification of the uses to which funds

20 provided under subsection (c) will be put in carrying out

21 the plan. The application must include—

22 (1) certification that the Federal funding pro23 vided will be used to supplement and not supplant

24 State and local funds;
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1 (2) certification that any requirement of State

2 law for review by the State legislature or a designated

3 body, and any requirement of State law for public no4 tice and comment concerning the proposed plan, have

5 been satisfied; and

6 (3) provisions for fiscal control, management,

7 recordkeeping, and submission of reports in relation

8 to funds provided under this section that are consist9 ent with requirements prescribed for the program.

10 (f) CONDITIONS ON GRANTS.—

11 (1) MATCHING FUNDS.—Grants under subsection

12 (c) may be for up to 50 percent of the overall cost of

13 a project or program funded. Discretionary grants

14 under subsection (d) may be for up to 100 percent of

15 the overall cost of a project or program funded.

16 (2) DURATION OF GRANTS.—Grants under sub17 section (c) may be provided in relation to a particu18 lar project or program for up to an aggregate maxi19 mum period of 4 years.

20 (3) LIMIT ON ADMINISTRATIVE COSTS.—Not

21 more than 5 percent of a grant under subsection (c)

22 may be used for costs incurred to administer the

23 grant.

24 (g) EVALUATION.—The Secretary shall have the au25 thority to carry out evaluations of programs funded under
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1 this section. The recipient of any grant under this section

2 may be required to include an evaluation component to de3 termine the effectiveness of the project or program funded

4 that is consistent with guidelines issued by the Secretary.

5 (h) REPORT.—The Secretary shall submit an annual

6 report to Congress concerning the operation and effective7 ness of the program under this section.

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated to carry out this section—

10 (1) $100,000,000 for each of fiscal years 1994,

11 1995, and 1996; and

12 (2) such sums as are necessary for each fiscal

13 year thereafter.

14 (j) AUTHORIZATION OF APPROPRIATIONS FOR THE

15 FAMILY VIOLENCE PREVENTION AND SERVICES ACT.—Sec16 tion 310(a) of the Family Violence Prevention and Services

17 Act (42 U.S.C. 10409(a)) is amended to read as follows:

18 ‘‘(a) IN GENERAL.—There are authorized to be appro19 priated to carry out this title $85,000,000 for fiscal year

20 1994, $100,000,000 for fiscal year 1995, and $125,000,000

21 for fiscal year 1996.’’.
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1 Subtitle E—Family Violence Preven2 tion and Services Act Amend3 ments

4 SEC. 3351. GRANTEE REPORTING.

5 (a) SUBMISSION OF APPLICATION.—Section

6 303(a)(2)(C) of the Family Violence Prevention and Serv7 ices Act (42 U.S.C. 10402(a)(2)(C)) is amended by insert8 ing ‘‘and a plan to address the needs of underserved popu9 lations, including populations underserved because of eth10 nic, racial, cultural, language diversity or geographic isola11 tion’’ after ‘‘such State’’.

12 (b) APPROVAL OF APPLICATION.—Section 303(a) of the

13 Family Violence Prevention and Services Act (42 U.S.C.

14 10402(a)) is amended by adding at the end the following

15 new paragraph:

16 ‘‘(4) Upon completion of the activities funded by

17 a grant under this subpart, the State grantee shall

18 file a performance report with the Director explaining

19 the activities carried out together with an assessment

20 of the effectiveness of those activities in achieving the

21 purposes of this subpart. A section of this perform22 ance report shall be completed by each grantee or

23 subgrantee that performed the direct services con24 templated in the application certifying performance

25 of direct services under the grant. The Director shall
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1 suspend funding for an approved application if an

2 applicant fails to submit an annual performance re3 port or if the funds are expended for purposes other

4 than those set forth under this subpart, after following

5 the procedures set forth in paragraph (3). Federal

6 funds may be used only to supplement, not supplant,

7 State funds.’’.

8 Subtitle F—Youth Education and

9 Domestic Violence

10 SEC. 3361. EDUCATING YOUTH ABOUT DOMESTIC VIO11 LENCE.

12 The Family Violence Prevention and Services Act (42

13 U.S.C. 10401 et seq.), as amended by section 3331, is

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

15 ‘‘SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIO16 LENCE.

17 ‘‘(a) GENERAL PURPOSE.—For purposes of this sec18 tion, the Secretary shall delegate the Secretary’s powers to

19 the Secretary of Education (hereafter in this section referred

20 to as the ‘Secretary’). The Secretary shall select, implement

21 and evaluate 4 model programs for education of young peo22 ple about domestic violence and violence among intimate

23 partners.

24 ‘‘(b) NATURE OF PROGRAM.—The Secretary shall se25 lect, implement and evaluate separate model programs for
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1 4 different audiences: primary schools, middle schools, sec2 ondary schools, and institutions of higher education. The

3 model programs shall be selected, implemented, and evalu4 ated in the light of the comments of educational experts,

5 legal and psychological experts on battering, and victim ad6 vocate organizations such as battered women’s shelters,

7 State coalitions and resource centers. The participation of

8 each of those groups or individual consultants from such

9 groups is essential to the selection, implementation, and

10 evaluation of programs that meet both the needs of edu11 cational institutions and the needs of the domestic violence

12 problem.

13 ‘‘(c) REVIEW AND DISSEMINATION.—Not later than 2

14 years after the date of enactment of this section, the Sec15 retary shall transmit the design and evaluation of the model

16 programs, along with a plan and cost estimate for nation17 wide distribution, to the relevant committees of Congress

18 for review.

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $400,000 for fiscal year 1994.’’.
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1 Subtitle G—Confidentiality for

2 Abused Persons

3 SEC. 3371. CONFIDENTIALITY OF ABUSED PERSON’S AD4 DRESS.

5 Not later than 90 days after enactment of this Act,

6 the United States Postal Service shall promulgate regula7 tions to secure the confidentiality of domestic violence shel8 ters and abused persons’ addresses consistent with the fol9 lowing guidelines:

10 (1) Confidentiality shall be provided to a person

11 upon the presentation to an appropriate postal offi12 cial of a valid court order or a police report docu13 menting abuse.

14 (2) Confidentiality shall be provided to any do15 mestic violence shelter upon presentation to an appro16 priate postal authority of proof from a State domestic

17 violence coalition (within the meaning of section 311

18 of the Family Violence Prevention and Services Act

19 (42 U.S.C. 10410)) verifying that the organization is

20 a domestic violence shelter.

21 (3) Disclosure of addresses to State or Federal

22 agencies for legitimate law enforcement or other gov23 ernmental purposes shall not be prohibited.

24 (4) Compilations of addresses existing at the

25 time the order is presented to an appropriate postal
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1 official shall be excluded from the scope of the pro2 posed regulations.

3 Subtitle H—Technical Amendments

4 SEC. 3381. DEFINITIONS.

5 Section 309(5)(B) of the Family Violence Prevention

6 and Services Act (42 U.S.C. 10408(5)(B)) is amended by

7 inserting ‘‘or other supportive services’’ before ‘‘by peers in8 dividually or in groups,’’.

9 SEC. 3382. SPECIAL ISSUE RESOURCE CENTERS.

10 (a) GRANTS.—Section 308(a)(2) of the Family Vio11 lence Prevention and Services Act (42 U.S.C. 10407(a)(2))

12 is amended by striking ‘‘six’’ and inserting ‘‘seven’’.

13 (b) FUNCTIONS.—Section 308(c) of the Family Vio14 lence Prevention and Services Act (42 U.S.C. 10407(c)) is

15 amended—

16 (1) by striking the period at the end of para17 graph (6) and inserting ‘‘, including the issuance and

18 enforcement of protection orders.’’; and

19 (2) by adding at the end the following new para20 graph:

21 ‘‘(7) Providing technical assistance and training

22 to State domestic violence coalitions.’’.

23 SEC. 3383. STATE DOMESTIC VIOLENCE COALITIONS.

24 Section 311(a) of the Family Violence Prevention and

25 Services Act (42 U.S.C. 10410(a)) is amended—
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1 (1) by redesignating paragraphs (1), (2), (3),

2 and (4) as paragraphs (2), (3), (4), and (5);

3 (2) by inserting before paragraph (2), as redesig4 nated by paragraph (1), the following new paragraph:

5 ‘‘(1) working with local domestic violence pro6 grams and providers of direct services to encourage

7 appropriate responses to domestic violence within the

8 State, including—

9 ‘‘(A) training and technical assistance for

10 local programs and professionals working with

11 victims of domestic violence;

12 ‘‘(B) planning and conducting State needs

13 assessments and planning for comprehensive

14 services;

15 ‘‘(C) serving as an information clearing16 house and resource center for the State; and

17 ‘‘(D) collaborating with other governmental

18 systems which affect battered women;’’;

19 (3) in paragraph (2)(K), as redesignated by

20 paragraph (1), by striking ‘‘and court officials and

21 other professionals’’ and inserting ‘‘, judges, court of22 ficers and other criminal justice professionals,’’;

23 (4) in paragraph (3), as redesignated by para24 graph (1)—
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1 (A) by inserting ‘‘, criminal court judges,’’

2 after ‘‘family law judges,’’ each place it appears;

3 (B) in subparagraph (F), by inserting ‘‘cus4 tody’’ after ‘‘temporary’’; and

5 (C) in subparagraph (H), by striking ‘‘su6 pervised visitations that do not endanger victims

7 and their children,’’ and inserting ‘‘supervised

8 visitations or denial of visitation to protect

9 against danger to victims or their children’’; and

10 (5) in paragraph (4), as redesignated by para11 graph (1), by inserting ‘‘, including information

12 aimed at underserved racial, ethnic or language-mi13 nority populations’’ before the semicolon.

14 Subtitle I—Data and Research

15 SEC. 3391. RESEARCH AGENDA.

16 (a) REQUEST FOR CONTRACT.—The Director of the

17 National Institute of Justice shall request the National

18 Academy of Sciences, through its National Research Coun19 cil, to enter into a contract to develop a research agenda

20 to increase the understanding and control of violence

21 against women, including rape and domestic violence. In

22 furtherance of the contract, the National Academy shall con23 vene a panel of nationally recognized experts on violence

24 against women, in the fields of law, medicine, criminal jus25 tice and the social sciences. In setting the agenda, the Acad-
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1 emy shall focus primarily upon preventive, educative, so2 cial, and legal strategies. Nothing in this section shall be

3 construed to invoke the terms of the Federal Advisory Com4 mittee Act.

5 (b) DECLINATION OF REQUEST.—If the National

6 Academy of Sciences declines to conduct the study and de7 velop a research agenda, it shall recommend a nonprofit

8 private entity that is qualified to conduct such a study. In

9 that case, the Director of the National Institute of Justice

10 shall carry out subsection (a) through the nonprofit private

11 entity recommended by the Academy. In either case, wheth12 er the study is conducted by the National Academy of

13 Sciences or by the nonprofit group it recommends, the funds

14 for the contract shall be made available from sums appro15 priated for the conduct of research by the National Institute

16 of Justice.

17 (c) REPORT.—The Director of the National Institute

18 of Justice shall ensure that no later than 9 months after

19 the date of enactment of this Act, the study required under

20 subsection (a) is completed and a report describing the find21 ings made is submitted to the Committee on the Judiciary

22 of the House of Representatives, the Committee on the Judi23 ciary of the Senate, and the Attorney General’s Task Force

24 on Violence Against Women.
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1 SEC. 3392. STATE DATABASES.

2 (a) IN GENERAL.—The National Institute of Justice,

3 in conjunction with the Bureau of Justice Statistics, shall

4 study and report to the States and to Congress on how the

5 States may collect centralized databases on the incidence

6 of domestic violence offenses within a State.

7 (b) CONSULTATION.—In conducting its study, the Na8 tional Institute of Justice shall consult persons expert in

9 the collection of criminal justice data, State statistical ad10 ministrators, law enforcement personnel, and nonprofit

11 nongovernmental agencies that provide direct services to

12 victims of domestic violence. The Institute’s final report

13 shall set forth the views of the persons consulted on the Insti14 tute’s recommendations.

15 (c) REPORT.—The Director of the National Institute

16 of Justice shall ensure that no later than 9 months after

17 the date of enactment of this Act, the study required under

18 subsection (a) is completed and a report describing the find19 ings made is submitted to the Committee on the Judiciary

20 of the House of Representatives and the Committee on the

21 Judiciary of the Senate.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized such sums as are necessary to carry out this

24 section.
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1 SEC. 3393. NUMBER AND COST OF INJURIES.

2 (a) STUDY.—The Secretary of Health and Human

3 Services, acting through the Centers for Disease Control In4 jury Control Division, shall conduct a study to obtain a

5 national projection of the incidence of injuries resulting

6 from domestic violence, the cost of injuries to health care

7 facilities, and recommend health care strategies for reducing

8 the incidence and cost of such injuries.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $100,000 for fiscal year 1994.

12 TITLE XXXIV—CIVIL RIGHTS

13 SEC. 3401. SHORT TITLE.

14 This title may be cited as the ‘‘Civil Rights Remedies

15 for Gender-Motivated Violence Act’’.

16 SEC. 3402. CIVIL RIGHTS.

17 (a) FINDINGS.—The Congress finds that—

18 (1) crimes of violence motivated by gender con19 stitute bias crimes in violation of the victim’s right

20 to be free from discrimination on the basis of gender;

21 (2) current law provides a civil rights remedy

22 for gender crimes committed in the workplace, but not

23 for crimes of violence motivated by gender committed

24 on the street or in the home;

25 (3) State and Federal criminal laws do not ade26 quately protect against the bias element of crimes of
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1 violence motivated by gender, which separates these

2 crimes from acts of random violence, nor do those

3 laws adequately provide victims of gender-motivated

4 crimes the opportunity to vindicate their interests;

5 (4) existing bias and discrimination in the

6 criminal justice system often deprives victims of

7 crimes of violence motivated by gender of equal pro8 tection of the laws and the redress to which they are

9 entitled;

10 (5) crimes of violence motivated by gender have

11 a substantial adverse effect on interstate commerce, by

12 deterring potential victims from traveling interstate,

13 from engaging in employment in interstate business,

14 and from transacting with business, and in places in15 volved, in interstate commerce;

16 (6) crimes of violence motivated by gender have

17 a substantial adverse effect on interstate commerce, by

18 diminishing national productivity, increasing medi19 cal and other costs, and decreasing the supply of and

20 the demand for interstate products;

21 (7) a Federal civil rights action as specified in

22 this section is necessary to guarantee equal protection

23 of the laws and to reduce the substantial adverse ef24 fects on interstate commerce caused by crimes of vio25 lence motivated by gender; and
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1 (8) the victims of crimes of violence motivated by

2 gender have a right to equal protection of the laws,

3 including a system of justice that is unaffected by

4 bias or discrimination and that, at every relevant

5 stage, treats such crimes as seriously as other violent

6 crimes.

7 (b) RIGHT TO BE FREE FROM CRIMES OF VIO8 LENCE.—All persons within the United States shall have

9 the right to be free from crimes of violence motivated by

10 gender (as defined in subsection (d)).

11 (c) CAUSE OF ACTION.—A person (including a person

12 who acts under color of any statute, ordinance, regulation,

13 custom, or usage of any State) who commits a crime of vio14 lence motivated by gender and thus deprives another of the

15 right declared in subsection (b) shall be liable to the party

16 injured, in an action for the recovery of compensatory and

17 punitive damages, injunctive and declaratory relief, and

18 such other relief as a court may deem appropriate.

19 (d) DEFINITIONS.—For purposes of this section—

20 (1) the term ‘‘crime of violence motivated by gen21 der’’ means a crime of violence committed because of

22 gender or on the basis of gender; and due, at least in

23 part, to an animus based on the victim’s gender;

24 (2) the term ‘‘crime of violence’’ means—
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1 (A) an act or series of acts that would con2 stitute a felony against the person or that would

3 constitute a felony against property if the con4 duct presents a serious risk of physical injury to

5 another, and that would come within the mean6 ing of State or Federal offenses described in sec7 tion 16 of title 18, United States Code, whether

8 or not those acts have actually resulted in crimi9 nal charges, prosecution, or conviction and

10 whether or not those acts were committed in the

11 special maritime, territorial, or prison jurisdic12 tion of the United States; and

13 (B) includes an act or series of acts that

14 would constitute a felony described in subpara15 graph (A) but for the relationship between the

16 person who takes such action and the individual

17 against whom such action is taken.

18 (e) LIMITATION AND PROCEDURES.—

19 (1) LIMITATION.—Nothing in this section entitles

20 a person to a cause of action under subsection (c) for

21 random acts of violence unrelated to gender or for

22 acts that cannot be demonstrated, by a preponderance

23 of the evidence, to be motivated by gender (within the

24 meaning of subsection (d)).
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1 (2) NO PRIOR CRIMINAL ACTION.—Nothing in

2 this section requires a prior criminal complaint,

3 prosecution, or conviction to establish the elements of

4 a cause of action under subsection (c).

5 (3) CONCURRENT JURISDICTION.—The Federal

6 and State courts shall have concurrent jurisdiction

7 over actions brought pursuant to this title.

8 (4) PENDENT JURISDICTION.—Neither section

9 1367 of title 28, United States Code, nor subsection

10 (c) of this section shall be construed, by reason of a

11 claim arising under such subsection, to confer on the

12 courts of the United States jurisdiction over any

13 State law claim seeking the establishment of a di14 vorce, alimony, equitable distribution of marital

15 property, or child custody decree.

16 (5) LIMITATION ON REMOVAL.—Section 1445 of

17 title 28, United States Code, is amended by adding

18 at the end the following new subsection:

19 ‘‘(d) A civil action in any State court arising under

20 section 3402 of the Violence Against Women Act of 1993

21 may not be removed to any district court of the United

22 States.’’.

23 SEC. 3403. ATTORNEY’S FEES.

24 Section 722 of the Revised Statutes (42 U.S.C. 1988)

25 is amended in the last sentence—
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1 (1) by striking ‘‘or’’ after ‘‘Public Law 92–318,’’;

2 and

3 (2) by inserting ‘‘, or title XXXIV of the Violence

4 Against Women Act of 1993,’’ after ‘‘1964’’.

5 SEC. 3404. SENSE OF THE SENATE CONCERNING PROTEC6 TION OF THE PRIVACY OF RAPE VICTIMS.

7 (a) FINDINGS AND DECLARATION.—The Congress finds

8 and declares that—

9 (1) there is a need for a strong and clear Federal

10 response to violence against women, particularly with

11 respect to the crime of rape;

12 (2) rape is an abominable and repugnant crime,

13 and one that is severely underreported to law enforce14 ment authorities because of its stigmatizing nature;

15 (3) the victims of rape are often further victim16 ized by a criminal justice system that is insensitive

17 to the trauma caused by the crime and are increas18 ingly victimized by news media that are insensitive

19 to the victim’s emotional and psychological needs;

20 (4) rape victims’ need for privacy should be

21 respected;

22 (5) rape victims need to be encouraged to come

23 forward and report the crime of rape without fear of

24 being revictimized through involuntary public disclo25 sure of their identities;
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1 (6) rape victims need a reasonable expectation

2 that their physical safety will be protected against re3 taliation or harassment by an assailant;

4 (7) the news media should, in the exercise of

5 their discretion, balance the public’s interest in know6 ing facts reported by free news media against impor7 tant privacy interests of a rape victim, and an abso8 lutist view of the public interest leads to insensitivity

9 to a victim’s privacy interest; and

10 (8) the public’s interest in knowing the identity

11 of a rape victim is small compared with the interests

12 of maintaining the privacy of rape victims and en13 couraging rape victims to report and assist in the

14 prosecution of the crime of rape.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that news media, law enforcement officers, and other

17 persons should exercise restraint and respect a rape victim’s

18 privacy by not disclosing the victim’s identity to the general

19 public or facilitating such disclosure without the consent

20 of the victim.

21 TITLE XXXV—SAFE CAMPUSES

22 FOR WOMEN

23 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.

24 Section 1541(i) of the Higher Education Amendments

25 of 1992 (20 U.S.C. 1145h(i)) is amended to read as follows:
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1 ‘‘(i) For the purpose of carrying out this part, there

2 are authorized to be appropriated $20,000,000 for fiscal

3 year 1994 and such sums as are necessary for fiscal years

4 1995, 1996, and 1997.’’.

5 TITLE XXXVI—EQUAL JUSTICE

6 FOR WOMEN IN THE COURTS

7 ACT

8 SEC. 3601. SHORT TITLE.

9 This title may be cited as the ‘‘Equal Justice for

10 Women in the Courts Act of 1993’’.

11 Subtitle A—Education and Train12 ing for Judges and Court Per13 sonnel in State Courts

14 SEC. 3611. GRANTS AUTHORIZED.

15 The State Justice Institute may award grants for the

16 purpose of developing, testing, presenting, and disseminat17 ing model programs to be used by States in training judges

18 and court personnel in the laws of the States on rape, sexual

19 assault, domestic violence, and other crimes of violence mo20 tivated by the victim’s gender.

21 SEC. 3612. TRAINING PROVIDED BY GRANTS.

22 Training provided pursuant to grants made under this

23 subtitle may include current information, existing studies,

24 or current data on—
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1 (1) the nature and incidence of rape and sexual

2 assault by strangers and nonstrangers, marital rape,

3 and incest;

4 (2) the underreporting of rape, sexual assault,

5 and child sexual abuse;

6 (3) the physical, psychological, and economic im7 pact of rape and sexual assault on the victim, the

8 costs to society, and the implications for sentencing;

9 (4) the psychology of sex offenders, their high

10 rate of recidivism, and the implications for sentenc11 ing;

12 (5) the historical evolution of laws and attitudes

13 on rape and sexual assault;

14 (6) sex stereotyping of female and male victims

15 of rape and sexual assault, racial stereotyping of rape

16 victims and defendants, and the impact of such

17 stereotypes on credibility of witnesses, sentencing, and

18 other aspects of the administration of justice;

19 (7) application of rape shield laws and other

20 limits on introduction of evidence that may subject

21 victims to improper sex stereotyping and harassment

22 in both rape and nonrape cases, including the need

23 for sua sponte judicial intervention in inappropriate

24 cross-examination;
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1 (8) the use of expert witness testimony on rape

2 trauma syndrome, child sexual abuse accommodation

3 syndrome, post-traumatic stress syndrome, and simi4 lar issues;

5 (9) the legitimate reasons why victims of rape,

6 sexual assault, and incest may refuse to testify

7 against a defendant;

8 (10) the nature and incidence of domestic vio9 lence;

10 (11) the physical, psychological, and economic

11 impact of domestic violence on the victim, the costs to

12 society, and the implications for court procedures and

13 sentencing;

14 (12) the psychology and self-presentation of

15 batterers and victims and the implications for court

16 proceedings and credibility of witnesses;

17 (13) sex stereotyping of female and male victims

18 of domestic violence, myths about presence or absence

19 of domestic violence in certain racial, ethnic, reli20 gious, or socioeconomic groups, and their impact on

21 the administration of justice;

22 (14) historical evolution of laws and attitudes on

23 domestic violence;

24 (15) proper and improper interpretations of the

25 defenses of self-defense and provocation, and the use
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1 of expert witness testimony on battered woman syn2 drome;

3 (16) the likelihood of retaliation, recidivism, and

4 escalation of violence by batterers, and the potential

5 impact of incarceration and other meaningful sanc6 tions for acts of domestic violence including violations

7 of orders of protection;

8 (17) economic, psychological, social and institu9 tional reasons for victims’ inability to leave the

10 batterer, to report domestic violence or to follow

11 through on complaints, including the influence of lack

12 of support from police, judges, and court personnel,

13 and the legitimate reasons why victims of domestic

14 violence may refuse to testify against a defendant;

15 (18) the need for orders of protection, and the

16 implications of mutual orders of protection, dual ar17 rest policies, and mediation in domestic violence

18 cases;

19 (19) recognition of and response to gender-moti20 vated crimes of violence other than rape, sexual as21 sault and domestic violence, such as mass or serial

22 murder motivated by the gender of the victims; and

23 (20) current information on the impact of por24 nography on crimes against women, or data on other

25 activities that tend to degrade women.
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1 SEC. 3613. COOPERATION IN DEVELOPING PROGRAMS IN

2 MAKING GRANTS UNDER THIS TITLE.

3 The State Justice Institute shall ensure that model

4 programs carried out pursuant to grants made under this

5 subtitle are developed with the participation of law enforce6 ment officials, public and private nonprofit victim advo7 cates, legal experts, prosecutors, defense attorneys, and rec8 ognized experts on gender bias in the courts.

9 SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated to carry out

11 this subtitle $600,000 for fiscal year 1994. Of amounts ap12 propriated under this section, the State Justice Institute

13 shall expend no less than 40 percent on model programs

14 regarding domestic violence and no less than 40 percent on

15 model programs regarding rape and sexual assault.

16 Subtitle B—Education and Train17 ing for Judges and Court Per18 sonnel in Federal Courts

19 SEC. 3621. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU20 CATION AND TRAINING GRANTS.

21 (a) STUDY.—In order to gain a better understanding

22 of the nature and the extent of gender bias in the Federal

23 courts, the circuit judicial councils are encouraged to con24 duct studies of the instances, if any, of gender bias in their

25 respective circuits. The studies may include an examination

26 of the effects of gender on—
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1 (1) the treatment of litigants, witnesses, attor2 neys, jurors, and judges in the courts, including before

3 magistrate and bankruptcy judges;

4 (2) the interpretation and application of the law,

5 both civil and criminal;

6 (3) treatment of defendants in criminal cases;

7 (4) treatment of victims of violent crimes;

8 (5) sentencing;

9 (6) sentencing alternatives, facilities for incar10 ceration, and the nature of supervision of probation

11 and parole;

12 (7) appointments to committees of the Judicial

13 Conference and the courts;

14 (8) case management and court sponsored alter15 native dispute resolution programs;

16 (9) the selection, retention, promotion, and treat17 ment of employees;

18 (10) appointment of arbitrators, experts, and

19 special masters; and

20 (11) the aspects of the topics listed in section

21 3612 that pertain to issues within the jurisdiction of

22 the Federal courts.

23 (b) CLEARINGHOUSE.—The Judicial Conference of the

24 United States shall designate an entity within the Judicial

25 branch to act as a clearinghouse to disseminate any reports
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1 and materials issued by the gender bias task forces under

2 subsection (a) and to respond to requests for such reports

3 and materials. The gender bias task forces shall provide this

4 entity with their reports and related material.

5 (c) MODEL PROGRAMS.—The Federal Judicial Center,

6 in carrying out section 620(b)(3) of title 28, United States

7 Code, may—

8 (1) include in the educational programs it pre9 sents and prepares, including the training programs

10 for newly appointed judges, information on issues re11 lated to gender bias in the courts including such areas

12 as are listed in subsection (a) along with such other

13 topics as the Federal Judicial Center deems appro14 priate;

15 (2) prepare materials necessary to implement

16 this subsection; and

17 (3) take into consideration the findings and rec18 ommendations of the studies conducted pursuant to

19 subsection (a), and to consult with individuals and

20 groups with relevant expertise in gender bias issues as

21 it prepares or revises such materials.

22 SEC. 3622. AUTHORIZATION OF APPROPRIATIONS.

23 (a) IN GENERAL.—There is authorized to be appro24 priated—
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1 (1) $400,000 to the Salaries and Expenses Ac2 count of the Courts of Appeals, District Courts, and

3 other Judicial Services, to carry out section 3621(a),

4 to be available until expended through fiscal year

5 1995;

6 (2) $100,000 to the Federal Judicial Center to

7 carry out section 3621(c) and any activities des8 ignated by the Judicial Conference under section

9 3621(b); and

10 (3) such sums as are necessary to the Adminis11 trative Office of the United States Courts to carry out

12 any activities designated by the Judicial Conference

13 under section 3621(b).

14 (b) THE JUDICIAL CONFERENCE OF THE UNITED

15 STATES.—(1) The Judicial Conference of the United States

16 Courts shall allocate funds to Federal circuit courts under

17 this subtitle that—

18 (A) undertake studies in their own circuits; or

19 (B) implement reforms recommended as a result

20 of such studies in their own or other circuits, includ21 ing education and training.

22 (2) Funds shall be allocated to Federal circuits under

23 this subtitle on a first come first serve basis in an amount

24 not to exceed $50,000 on the first application. If within

25 6 months after the date on which funds authorized under
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1 this Act become available, funds are still available, circuits

2 that have received funds may reapply for additional funds,

3 with not more than $200,000 going to any one circuit.

4 TITLE XXXVII—VIOLENCE

5 AGAINST WOMEN ACT IM6 PROVEMENTS

7 SEC. 3701. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.

8 Section 3156(a)(4) of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘or’’ at the end of subparagraph

11 (A);

12 (2) by striking the period at the end of subpara13 graph (B) and inserting ‘‘; or’’; and

14 (3) by adding after subparagraph (B) the follow15 ing new subparagraph:

16 ‘‘(C) any felony under chapter 109A or chapter

17 110.’’.

18 SEC. 3702. INCREASED PENALTIES FOR SEX OFFENSES

19 AGAINST VICTIMS BELOW THE AGE OF 16.

20 Section 2245(2) of title 18, United States Code, is

21 amended—

22 (1) by striking ‘‘or’’ at the end of subparagraph

23 (B);

24 (2) by striking ‘‘; and’’ at the end of subpara25 graph (C) and inserting ‘‘; or’’; and
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1 (3) by inserting after subparagraph (C) the fol2 lowing new subparagraph:

3 ‘‘(D) the intentional touching, not through the

4 clothing, of the genitalia of another person who has

5 not attained the age of 16 years with an intent to

6 abuse, humiliate, harass, degrade, or arouse or gratify

7 the sexual desire of any person;’’.

8 SEC. 3703. PAYMENT OF COST OF HIV TESTING.

9 (a) FOR VICTIMS IN SEX OFFENSE CASES.—Section

10 503(c)(7) of the Victims’ Rights and Restitution Act of 1990

11 (42 U.S.C. 10607(c)(7)) is amended by adding at the end

12 the following: ‘‘The Attorney General shall authorize the Di13 rector of the Office of Victims of Crime to provide for the

14 payment of the cost of up to two tests of the victim for the

15 human immunodeficiency virus during the 12 months fol16 lowing a serious assault, and the cost of a counseling session

17 by a medically trained professional on the accuracy of such

18 tests and the risk of transmission of the human

19 immunodeficiency virus to the victim as the result of the

20 assault.’’.

21 (b) TESTING OF CERTAIN INDIVIDUALS CHARGED

22 WITH CERTAIN SEXUAL OFFENSES FOR THE PRESENCE OF

23 THE ETIOLOGIC AGENT FOR AIDS.—Victims of any offense

24 of the type described in Chapter 109A of title 18, United
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1 States Code, shall after appropriate counseling, on request,

2 be provided with—

3 (1) anonymous and confidential testing for the

4 presence of the etiologic agent for acquired immune

5 deficiency syndrome, and counseling concerning such,

6 at no cost by appropriately trained staff operating

7 through appropriate service providers, including rape

8 crisis centers, community health centers, public health

9 clinics, physicians, or other appropriate service pro10 viders; follow-up tests and counseling will be available

11 at no cost on dates that occur three, six and twelve

12 months following the initial test; and

13 (2) necessary and appropriate medical care.

14 (c) LIMITED TESTING OF DEFENDANTS.—

15 (1) COURT ORDER.—The victim of an offense of

16 the type referred to in subsection (a) may obtain an

17 order in the district court of the United States for the

18 district in which charges are brought against the de19 fendant charged with the offense, after notice to the

20 defendant and an opportunity to be heard, requiring

21 that the defendant be tested for the presence of the

22 etiologic agent for acquired immune deficiency syn23 drome, and that the results of the test be commu24 nicated to the victim and the defendant. Any test re-
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1 sult of the defendant given to the victim or the defend2 ant must be accompanied by appropriate counseling.

3 (2) SHOWING REQUIRED.—To obtain an order

4 under paragraph (1), the victim must demonstrate

5 that—

6 (A) the defendant has been charged with the

7 offense in a State of Federal court, and if the de8 fendant has been arrested without a warrant, a

9 probable cause determination has been made;

10 (B) the test for the etiologic agent for ac11 quired immune deficiency syndrome is requested

12 by the victim after appropriate counseling; and

13 (C) the test would provide information nec14 essary for the health of the victim of the alleged

15 offense and the court determines that the alleged

16 conduct of the defendant created a risk of trans17 mission, as determined by the Centers for Dis18 ease Control, of the etiologic agent for acquired

19 immune deficiency syndrome to the victim.

20 (3) FOLLOW-UP TESTING.—The court may order

21 follow-up tests and counseling under paragraph (b)(1)

22 if the initial test was negative. Such follow-up tests

23 and counseling shall be performed at the request of the

24 victim on dates that occur six months and twelve

25 months following the initial test.
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1 (4) TERMINATION OF TESTING REQUIRE2 MENTS.—An order for follow-up testing under para3 graph (3) shall be terminated if the person obtains an

4 acquittal on, or dismissal of, all charges of the type

5 referred to in subsection (a).

6 (d) CONFIDENTIALITY OF TEST.—The results of any

7 test ordered under this section shall be disclosed only to the

8 victim or, where the court deems appropriate, to the parent

9 or legal guardian of the victim, and to the person tested.

10 The victim may disclose the test results only to any personal

11 physician or sexual partner(s) she may have had since the

12 attack.

13 (e) DISCLOSURE OF TEST RESULTS.—The court shall

14 issue an order to prohibit the disclosure of the results of

15 any test performed under this section to anyone other than

16 those mentioned in subsection (c). The contents of the court

17 proceedings and test results pursuant to this section shall

18 be sealed. The results of such test performed on the defend19 ant under this section shall not be used as evidence in any

20 criminal trial.

21 (f) CONTEMPT FOR DISCLOSURE.—Any person who

22 discloses the results of a test in violation of this section may

23 be held in contempt of court.

24 (g) PENALTIES FOR INTENTIONAL TRANSMISSION OF

25 HIV.—Not later than 6 months after the date of enactment
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1 of this section, the United States Sentencing Commission

2 shall conduct a study and prepare and submit to the appro3 priate committees of congress a report concerning rec4 ommendations for the revision of sentencing guidelines that

5 relate to offenses in which an HIV infected individual en6 gages in sexual activity if the individual knows that he or

7 she is infected with HIV and intends, through such sexual

8 activity, to expose another to HIV.

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated such sums as may be nec11 essary to carry out the purposes of this section.

12 SEC. 3704. EXTENSION AND STRENGTHENING OF RESTITU13 TION.

14 Section 3663(b) of title 18, United States Code, is

15 amended—

16 (1) in paragraph (2) by inserting ‘‘including an

17 offense under chapter 109A or chapter 110’’ after ‘‘an

18 offense resulting in bodily injury to a victim’’;

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

20 (3);

21 (3) by redesignating paragraph (4) as para22 graph (5); and

23 (4) by inserting after paragraph (3) the follow24 ing new paragraph:
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1 ‘‘(4) in any case, reimburse the victim for lost

2 income and necessary child care, transportation, and

3 other expenses related to participation in the inves4 tigation or prosecution of the offense or attendance at

5 proceedings related to the offense; and’’.

6 SEC. 3705. ENFORCEMENT OF RESTITUTION ORDERS

7 THROUGH SUSPENSION OF FEDERAL BENE8 FITS.

9 Section 3663 of title 18, United States Code, is amend10 ed—

11 (1) by redesignating subsections (g) and (h) as

12 subsections (h) and (i), respectively; and

13 (2) by inserting after subsection (f) the following

14 new subsection:

15 ‘‘(g)(1) If the defendant is delinquent in making res16 titution in accordance with any schedule of payments or

17 any requirement of immediate payment imposed under this

18 section, the court may, after a hearing, suspend the defend19 ant’s eligibility for all Federal benefits until such time as

20 the defendant demonstrates to the court good-faith efforts

21 to return to such schedule.

22 ‘‘(2) In this subsection—

23 ‘‘(A) ‘Federal benefits’—

24 ‘‘(i) means any grant, contract, loan, pro25 fessional license, or commercial license provided
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1 by an agency of the United States or appro2 priated funds of the United States; and

3 ‘‘(ii) does not include any retirement, wel4 fare, Social Security, health, disability, veterans

5 benefit, public housing, or other similar benefit,

6 or any other benefit for which payments or serv7 ices are required for eligibility.

8 ‘‘(B) ‘veterans benefit’ means all benefits pro9 vided to veterans, their families, or survivors by vir10 tue of the service of a veteran in the Armed Forces of

11 the United States.’’.

12 SEC. 3706. INADMISSIBILITY OF EVIDENCE TO SHOW PROV13 OCATION OR INVITATION BY VICTIM IN SEX

14 OFFENSE CASES.

15 (a) RULE.—The Federal Rules of Evidence, as amend16 ed by section 3254, are amended by adding after rule 413

17 the following new rule:

18 ‘‘Rule 414. Inadmissibility of Evidence to Show Invitation or

19 Provocation by Victim in Sexual Abuse Cases

20 ‘‘In a criminal case in which a person is accused of

21 an offense involving conduct proscribed by chapter 109A of

22 title 18, United States Code, evidence is not admissible to

23 show that the alleged victim invited or provoked the com24 mission of the offense. This rule does not limit the admis25 sion of evidence of consent by the alleged victim if the issue
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1 of consent is relevant to liability and the evidence is other2 wise admissible under these rules.’’.

3 (b) TECHNICAL AMENDMENT.—The table of contents

4 for the Federal Rules of Evidence, as amended by section

5 4, is amended by inserting after the item relating to rule

6 413 the following new item:

‘‘414. Inadmissibility of evidence to show invitation or provocation by victim in

sexual abuse cases.’’.

7 SEC. 3707. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL

8 ASSAULT.

9 (a) STUDY.—The Attorney General shall provide for

10 a national baseline study to examine the scope of the prob11 lem of campus sexual assaults and the effectiveness of insti12 tutional and legal policies in addressing such crimes and

13 protecting victims. The Attorney General may utilize the

14 Bureau of Justice Statistics, the National Institute of Jus15 tice, and the Office for Victims of Crime in carrying out

16 this section.

17 (b) REPORT.—Based on the study required by sub18 section (a), the Attorney General shall prepare a report in19 cluding an analysis of—

20 (1) the number of reported allegations and esti21 mated number of unreported allegations of campus

22 sexual assaults, and to whom the allegations are re23 ported (including authorities of the educational insti-
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1 tution, sexual assault victim service entities, and local

2 criminal authorities);

3 (2) the number of campus sexual assault allega4 tions reported to authorities of educational institu5 tions which are reported to criminal authorities;

6 (3) the number of campus sexual assault allega7 tions that result in criminal prosecution in compari8 son with the number of non-campus sexual assault al9 legations that result in criminal prosecution;

10 (4) Federal and State laws or regulations per11 taining specifically to campus sexual assaults;

12 (5) the adequacy of policies and practices of edu13 cational institutions in addressing campus sexual as14 saults and protecting victims, including consideration

15 of—

16 (A) the security measures in effect at edu17 cational institutions, such as utilization of cam18 pus police and security guards, control over ac19 cess to grounds and buildings, supervision of stu20 dent activities and student living arrangements,

21 control over the consumption of alcohol by stu22 dents, lighting, and the availability of escort

23 services;
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1 (B) the articulation and communication to

2 students of the institution’s policies concerning

3 sexual assaults;

4 (C) policies and practices that may prevent

5 or discourage the reporting of campus sexual as6 saults to local criminal authorities, or that may

7 otherwise obstruct justice or interfere with the

8 prosecution of perpetrators of campus sexual

9 assaults;

10 (D) the nature and availability of victim

11 services for victims of campus sexual assaults;

12 (E) the ability of educational institutions’

13 disciplinary processes to address allegations of

14 sexual assault adequately and fairly;

15 (F) measures that are taken to ensure that

16 victims are free of unwanted contact with alleged

17 assailants, and disciplinary sanctions that are

18 imposed when a sexual assault is determined to

19 have occurred; and

20 (G) the grounds on which educational insti21 tutions are subject to lawsuits based on campus

22 sexual assaults, the resolution of these cases, and

23 measures that can be taken to avoid the likeli24 hood of lawsuits and civil liability;
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1 (6) an assessment of the policies and practices of

2 educational institutions that are of greatest effective3 ness in addressing campus sexual assaults and pro4 tecting victims, including policies and practices relat5 ing to the particular issues described in paragraph

6 (5); and

7 (7) any recommendations the Attorney General

8 may have for reforms to address campus sexual as9 saults and protect victims more effectively, and any

10 other matters that the Attorney General deems rel11 evant to the subject of the study and report required

12 by this section.

13 (c) SUBMISSION OF REPORT.—The report required by

14 subsection (b) shall be submitted to the Congress no later

15 than September 1, 1995.

16 (d) DEFINITION.—For purposes of this section, ‘‘cam17 pus sexual assaults’’ includes sexual assaults occurring at

18 institutions of postsecondary education and sexual assaults

19 committed against or by students or employees of such

20 institutions.

21 (e) AUTHORIZATION OF APPROPRIATION.—There is

22 authorized to be appropriated $200,000 to carry out the

23 study required by this section.
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1 SEC. 3708. REPORT ON BATTERED WOMEN’S SYNDROME.

2 (a) REPORT.—The Attorney General shall prepare and

3 transmit to the Congress a report on the status of battered

4 women’s syndrome as a medical and psychological condi5 tion and on its effect in criminal trials. The Attorney Gen6 eral may utilize the National Institute of Justice to obtain

7 information required for the preparation of the report.

8 (b) COMPONENTS OF REPORT.—The report described

9 in subsection (a) shall include—

10 (1) a review of medical and psychological views

11 concerning the existence, nature, and effects of bat12 tered women’s syndrome as a psychological condition;

13 (2) a compilation of judicial decisions that have

14 admitted or excluded evidence of battered women’s

15 syndrome as evidence of guilt or as a defense in

16 criminal trials; and

17 (3) information on the views of judges, prosecu18 tors, and defense attorneys concerning the effects that

19 evidence of battered women’s syndrome may have in

20 criminal trials.

21 SEC. 3709. REPORT ON CONFIDENTIALITY OF ADDRESSES

22 FOR VICTIMS OF DOMESTIC VIOLENCE.

23 (a) REPORT.—The Attorney General shall conduct a

24 study of the means by which abusive spouses may obtain

25 information concerning the addresses or locations of es26 tranged or former spouses, notwithstanding the desire of the
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1 victims to have such information withheld to avoid further

2 exposure to abuse. Based on the study, the Attorney General

3 shall transmit a report to Congress including—

4 (1) the findings of the study concerning the

5 means by which information concerning the addresses

6 or locations of abused spouses may be obtained by

7 abusers; and

8 (2) analysis of the feasibility of creating effective

9 means of protecting the confidentiality of information

10 concerning the addresses and locations of abused

11 spouses to protect such persons from exposure to fur12 ther abuse while preserving access to such information

13 for legitimate purposes.

14 (b) USE OF COMPONENTS.—The Attorney General

15 may use the National Institute of Justice and the Office

16 for Victims of Crime in carrying out this section.

17 SEC. 3710. REPORT ON RECORDKEEPING RELATING TO DO18 MESTIC VIOLENCE.

19 Not later than 1 year after the date of enactment of

20 this Act, the Attorney General shall complete a study of,

21 and shall submit to Congress a report and recommendations

22 on, problems of recordkeeping of criminal complaints in23 volving domestic violence. The study and report shall exam24 ine—
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1 (1) the efforts that have been made by the De2 partment of Justice, including the Federal Bureau of

3 Investigation, to collect statistics on domestic violence;

4 and

5 (2) the feasibility of requiring that the relation6 ship between an offender and victim be reported in

7 Federal records of crimes of aggravated assault, rape,

8 and other violent crimes.

9 SEC. 3711. REPORT ON FAIR TREATMENT IN LEGAL PRO10 CEEDINGS.

11 Not later than 180 days after the date of enactment

12 of this Act, the Judicial Conference of the United States

13 shall review and make recommendations, and report to

14 Congress, regarding the advisability of creating Federal

15 rules of professional conduct for lawyers in Federal cases

16 involving sexual misconduct that—

17 (1) protect litigants from a course of conduct in18 tended solely for the purpose of distressing, harassing,

19 embarrassing, burdening, or inconveniencing liti20 gants;

21 (2) counsel against reliance on generalizations or

22 stereotypes that demean, disgrace, or humiliate on the

23 basis of gender;

24 (3) protect litigants from a course of conduct in25 tended solely to increase the expense of litigation; and
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1 (4) prohibit counsel from offering evidence that

2 the lawyer knows to be false or from discrediting evi3 dence the lawyer knows to be true.

4 SEC. 3712. REPORT ON FEDERAL RULE OF EVIDENCE 404.

5 (a) STUDY.—Not later than 180 days after the date

6 of enactment of this Act, the Judicial Conference shall com7 plete a study of, and shall submit to Congress recommenda8 tions for amending, rule 404 of the Federal Rules of Evi9 dence as it affects the admission of evidence of a defendant’s

10 prior sex crimes in cases brought pursuant to chapter 109A

11 or other cases involving sexual misconduct.

12 (b) SPECIFIC ISSUES.—The study described in sub13 section (a) shall include—

14 (1) a survey of existing law on the introduction

15 of prior similar sex crimes under State and Federal

16 evidentiary rules;

17 (2) a recommendation concerning whether rule

18 404 should be amended to introduce evidence of prior

19 sex crimes and, if so—

20 (A) whether such acts could be used to prove

21 the defendant’s propensity to act therewith; and

22 (B) whether evidence of prior similar sex

23 crimes should be admitted for purposes other

24 than to show character;
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1 (3) a recommendation concerning whether evi2 dence of similar acts, if admitted, should meet a

3 threshold of similarity to the crime charged;

4 (4) a recommendation concerning whether evi5 dence of similar acts, if admitted, should be limited

6 to a certain time period, (such as 10 years); and

7 (5) the effect, if any, of the adoption of any pro8 posed changes on the admissibility of evidence under

9 rule 412 of the Federal Rules of Evidence.

10 SEC. 3713. SUPPLEMENTARY GRANTS FOR STATES ADOPT11 ING EFFECTIVE LAWS RELATING TO SEXUAL

12 VIOLENCE.

13 (a) IN GENERAL.—The Attorney General may, in each

14 fiscal year, award an aggregate amount of up to $1,000,000

15 to a State that meets the eligibility requirements of sub16 section (b).

17 (b) ELIGIBILITY.—The authority to award additional

18 funding under this section is conditional on certification

19 by the Attorney General that the State has laws or policies

20 relating to sexual violence that exceed or are reasonably

21 comparable to the provisions of Federal law (including

22 changes in Federal law made by this Act) in the following

23 areas:

24 (1) Provision of training and policy development

25 programs for law enforcement officers, prosecutors,
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1 and judges concerning the investigation and prosecu2 tion of sexual offenses.

3 (2) Authorization of law enforcement and pros4 ecutorial units and teams that target sexual violence.

5 (3) Funding of victim services programs for vic6 tims of sexual violence.

7 (4) Authorization of educational and informa8 tional programs relating to sexual violence.

9 (5) Authorization of pretrial detention of defend10 ants in sexual assault cases where provision of flight

11 or the safety of others cannot be reasonably assured

12 by other means.

13 (6) Authorization of serious penalties for

14 nonconsensual sexual assault offenses.

15 (7) Payment of the cost of medical examinations

16 and testing by the victim for sexually transmitted dis17 eases.

18 (8) Provision of rape shield protection to ensure

19 that victims of sexual assault are protected from in20 quiry into unrelated sexual behavior in sexual assault

21 cases.

22 (9) Provision of rules of professional conduct in23 tended to protect against a course of conduct intended

24 solely for the purpose of distressing, harassing, embar-
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1 rassing, burdening, or inconveniencing litigants in

2 sexual assault cases.

3 (10) Authorization of the presence of the victim

4 in the courtroom at the time of trial and provides for

5 the victim’s addressing the court concerning the sen6 tence to be imposed.

7 (11) Authorization of awards of restitution to

8 victims of sexual assaults as part of a criminal sen9 tence.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated for each fiscal year such sums

12 as are necessary to carry out this section.

13 TITLE XXXVIII—ENHANCED PEN14 ALTIES FOR ANTI-FRAUD EN15 FORCEMENT EFFORTS

16 SEC. 3801. SHORT TITLE.

17 (a) SHORT TITLE.—This title may be cited as the ‘‘Na18 tional Health Care Anti-Fraud and Abuse Act of 1993’’.

19 Subtitle A—Amendments to

20 Criminal Law

21 SEC. 3811. HEALTH CARE FRAUD.

22 (a) IN GENERAL.—

23 (1) FINES AND IMPRISONMENT FOR HEALTH

24 CARE FRAUD VIOLATIONS.—Chapter 63 of title 18,
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1 United States Code, is amended by adding at the end

2 the following:

3 ‘‘§ 1347. Health care fraud

4 ‘‘(a) Whoever knowingly executes, or attempts to exe5 cute, a scheme or artifice—

6 ‘‘(1) to defraud any health care plan or other

7 person, in connection with the delivery of or payment

8 for health care benefits, items, or services; or

9 ‘‘(2) to obtain, by means of false or fraudulent

10 pretenses, representations, or promises, any of the

11 money or property owned by, or under the custody or

12 control of, any health care plan, or person in connec13 tion with the delivery of or payment for health care

14 benefits, items, or services;

15 shall be fined under this title or imprisoned not more than

16 10 years, or both. If the violation results in serious bodily

17 injury (as defined in section 1365(g)(3) of this title), such

18 person shall be imprisoned for life or any term of years.

19 ‘‘(b) For purposes of this section, the term ‘health care

20 plan’ means a federally funded public program or private

21 program for the delivery of or payment for health care items

22 or services.’’.

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 63 of title 18, Unit-
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1 ed States Code, is amended by adding at the end the

2 following:

‘‘1347. Health care fraud.’’.

3 SEC. 3812. FORFEITURES FOR FEDERAL HEALTH CARE OF4 FENSES.

5 Section 982(a) of title 18, United States Code, is

6 amended by inserting after paragraph (5) the following:

7 ‘‘(6)(A) If the court determines that a Federal health

8 care offense is of a type that poses a serious threat to the

9 health of any person or has a significant detrimental im10 pact on the health care system, the court, in imposing sen11 tence on a person convicted of that offense, shall order that

12 person to forfeit property, real or personal, that—

13 ‘‘(i)(I) is used in the commission of the offense;

14 or

15 ‘‘(II) constitutes or is derived from proceeds

16 traceable to the commission of the offense; and

17 ‘‘(ii) is of a value proportionate to the serious18 ness of the offense.’’.

19 ‘‘(B) For purposes of this paragraph, the term ‘Federal

20 health care offense’ means a violation of, or a criminal con21 spiracy to violate—

22 ‘‘(i) section 1347 of this title;

23 ‘‘(ii) section 1128B of the Social Security

24 Act;
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1 ‘‘(iii) sections 287, 371, 664, 666, 1001,

2 1027, 1341, 1343, or 1954 of this title if the vio3 lation or conspiracy relates to health care fraud;

4 ‘‘(iv) section 501 or 511 of the Employee

5 Retirement Income Security Act of 1974, if the

6 violation or conspiracy relates to health care

7 fraud; and

8 ‘‘(v) section 301, 303(a)(2), or 303 (b) or (e)

9 of the Federal Food, Drug and Cosmetic Act, if

10 the violation or conspiracy relates to health care

11 fraud.’’.

12 SEC. 3813. INJUNCTIVE RELIEF RELATING TO FEDERAL

13 HEALTH CARE OFFENSES.

14 Section 1345(a)(1) of title 18, United States Code, is

15 amended—

16 (1) by striking ‘‘or’’ at the end of subparagraph

17 (A);

18 (2) by inserting ‘‘or’’ at the end of subparagraph

19 (B); and

20 (3) by adding at the end the following:

21 ‘‘(C) committing or about to commit a Fed22 eral health care offense (as defined in section

23 982(a)(6)(B) of this title);’’.
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1 SEC. 3814. RACKETEERING ACTIVITY RELATING TO FED2 ERAL HEALTH CARE OFFENSES.

3 Section 1961 of title 18, United States Code, is amend4 ed by inserting ‘‘section 982(a)(6) (relating to Federal

5 health care offenses),’’ after ‘‘sections 891–894 (relating to

6 extortionate credit transactions),’’.

7 Subtitle E—Amendments to Civil

8 False Claims Act

9 SEC. 3821. AMENDMENTS TO CIVIL FALSE CLAIMS ACT.

10 Section 3729 of title 31, United States Code, is amend11 ed—

12 (1) in subsection (a)(7), by inserting ‘‘or to a

13 health care plan,’’ after ‘‘property to the Govern14 ment,’’;

15 (2) in the matter following subsection (a)(7), by

16 inserting ‘‘or health care plan’’ before ‘‘sustains be17 cause of the act of that person,’’;

18 (3) at the end of the first sentence of subsection

19 (a), by inserting ‘‘or health care plan’’ before ‘‘sus20 tains because of the act of the person.’’;

21 (4) in subsection (c)—

22 (A) by inserting ‘‘the term’’ after ‘‘section,’’;

23 and

24 (B) by adding at the end the following:

25 ‘‘The term also includes any request or demand,

26 whether under contract or otherwise, for money
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1 or property which is made or presented to a

2 health care plan.’’; and

3 (5) by adding at the end the following:

4 ‘‘(f) HEALTH CARE PLAN DEFINED.—For purposes of

5 this section, the term ‘health care plan’ means a federally

6 funded public program for the delivery of or payment for

7 health care items or services.’’.

8 TITLE XXXIX—SENIOR CITIZENS

9 AGAINST MARKETING SCAMS

10 SEC 3901. SHORT TITLE.

11 This Act may be cited as the ‘‘Senior Citizens Against

12 Marketing Scams Act of 1993’’.

13 SEC. 3902. FINDINGS AND DECLARATION.

14 The Congress makes the following findings and dec15 laration:

16 (1) Unprecedented Federal law enforcement in17 vestigations have uncovered a national network of il18 licit telemarketing operations.

19 (2) Most of the telemarketing industry is legiti20 mate, employing over 3,000,000 people through direct

21 and indirect means.

22 (3) Illicit telemarketers, however, are an increas23 ing problem which victimizes our Nation’s senior citi24 zens in disproportionate numbers.
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1 (4) Interstate telemarketing fraud has become a

2 problem of such magnitude that the resources of the

3 Department of Justice are not sufficient to ensure

4 that there is adequate investigation of, and protection

5 from, such fraud.

6 (5) Telemarketing differs from other sales activi7 ties in that it can be carried out by sellers across

8 State lines without direct contact. Telemarketers can

9 also be very mobile, easily moving from State to

10 State.

11 (6) It is estimated that victims lose billions of

12 dollars a year as a result of telemarketing fraud.

13 (7) Consequently, Congress should enact legisla14 tion that will—

15 (A) enhance Federal law enforcement re16 sources;

17 (B) ensure adequate punishment for

18 telemarketing fraud; and

19 (C) educate the public.

20 SEC. 3903. ENHANCED PENALTIES FOR TELEMARKETING

21 FRAUD.

22 (a) OFFENSE.—Part I of title 18, United States Code,

23 is amended—

24 (1) by redesignating chapter 113A as chapter

25 113B; and
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1 (2) by inserting after chapter 113 the following

2 new chapter:

3 ‘‘CHAPTER 113A—TELEMARKETING FRAUD

‘‘Sec.

‘‘2325. Definition.

‘‘2326. Enhanced penalties.

‘‘2327. Restitution.

4 ‘‘§ 2325. Definition

5 ‘‘In this chapter, ‘telemarketing’—

6 ‘‘(1) means a plan, program, promotion, or cam7 paign that is conducted to induce—

8 ‘‘(A) purchases of goods or services; or

9 ‘‘(B) participation in a contest or sweep10 stakes,

11 by use of 1 or more interstate telephone calls initiated

12 either by a person who is conducting the plan, pro13 gram, promotion, or campaign or by a prospective

14 purchaser or contest or sweepstakes participant; but

15 ‘‘(2) does not include the solicitation of sales

16 through the mailing of a catalog that—

17 ‘‘(A) contains a written description or illus18 tration of the goods or services offered for sale;

19 ‘‘(B) includes the business address of the

20 seller;

21 ‘‘(C) includes multiple pages of written ma22 terial or illustration; and
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1 ‘‘(D) has been issued not less frequently

2 than once a year,

3 if the person making the solicitation does not solicit

4 customers by telephone but only receives calls initi5 ated by customers in response to the catalog and dur6 ing those calls take orders without further solicitation.

7 ‘‘§ 2326. Enhanced penalties

8 ‘‘An offender that is convicted of an offense under

9 1028, 1029, 1341, 1342, 1343, or 1344 in connection with

10 the conduct of telemarketing—

11 ‘‘(1) may be imprisoned for a term of 5 years in

12 addition to any term of imprisonment imposed under

13 any of those sections, respectively; and

14 ‘‘(2) in the case of an offense under any of those

15 sections that—

16 ‘‘(A) victimized ten or more persons over the

17 age of 55; or

18 ‘‘(B) targeted persons over the age of 55,

19 may be imprisoned for a term of 10 years in addition

20 to any term of imprisonment imposed under any of

21 those sections, respectively.

22 ‘‘§ 2327. Restitution

23 ‘‘In sentencing an offender under section 2326, the

24 court shall order the offender to pay restitution to any vic25 tims and may order the offender to pay restitution to others
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1 who sustained losses as a result of the offender’s fraudulent

2 activity.’’.

3 (b) TECHNICAL AMENDMENTS.—

4 (1) PART ANALYSIS.—The part analysis for part

5 I of title 18, United States Code, is amended by strik6 ing the item relating to chapter 113A and inserting

7 the following:

‘‘113A. Telemarketing fraud ........................................................................... 2325

‘‘113B. Terrorism ............................................................................................. 2331’’.

8 (2) CHAPTER 113B.—The chapter heading for

9 chapter 113B of title 18, United States Code, as re10 designated by subsection (a)(1), is amended to read as

11 follows:

12 ‘‘CHAPTER 113B—TERRORISM’’.

13 SEC. 3904. FORFEITURE OF FRAUD PROCEEDS.

14 Section 982(a) of title 18, United States Code, is

15 amended by adding at the end the following new paragraph:

16 ‘‘(6) The Court, in sentencing an offender under

17 section 2326, shall order that the offender forfeit to the

18 United States any real or personal property con19 stituting or derived from proceeds that the offender

20 obtained directly or indirectly as a result of the of21 fense.’’.
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1 SEC. 3905. INCREASED PENALTIES FOR FRAUD AGAINST

2 OLDER VICTIMS.

3 (a) REVIEW.—The United States Sentencing Commis4 sion shall review and, if necessary, amend the sentencing

5 guidelines to ensure that victim related adjustments for

6 fraud offenses against older victims over the age of 55 are

7 adequate.

8 (b) REPORT.—Not later than 180 days after the date

9 of enactment of this Act, the Sentencing Commission shall

10 report to Congress the result of its review under subsection

11 (a).

12 SEC. 3906. REWARDS FOR INFORMATION LEADING TO PROS13 ECUTION AND CONVICTION.

14 Section 3059 of title 18, United States Code, is amend15 ed by adding at the end the following new subsection:

16 ‘‘(c)(1) In special circumstances and in the Attorney

17 General’s sole discretion, the Attorney General may make

18 a payment of up to $10,000 to a person who furnishes infor19 mation unknown to the Government relating to a possible

20 prosecution under section 2325 which results in a convic21 tion.

22 ‘‘(2) A person is not eligible for a payment under

23 paragraph (1) if—

24 ‘‘(A) the person is a current or former officer or

25 employee of a Federal, State, or local government

26 agency or instrumentality who furnishes information
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1 discovered or gathered in the course of government

2 employment;

3 ‘‘(B) the person knowingly participated in the

4 offense;

5 ‘‘(C) the information furnished by the person

6 consists of an allegation or transaction that has been

7 disclosed to the public—

8 ‘‘(i) in a criminal, civil, or administrative

9 proceeding;

10 ‘‘(ii) in a congressional, administrative, or

11 General Accounting Office report, hearing, audit,

12 or investigation; or

13 ‘‘(iii) by the news media, unless the person

14 is the original source of the information; or

15 ‘‘(D) when, in the judgment of the Attorney Gen16 eral, it appears that a person whose illegal activities

17 are being prosecuted or investigated could benefit

18 from the award.

19 ‘‘(3) For the purposes of paragraph (2)(C)(iii), the

20 term ‘original source’ means a person who has direct and

21 independent knowledge of the information that is furnished

22 and has voluntarily provided the information to the Gov23 ernment prior to disclosure by the news media.
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1 ‘‘(4) Neither the failure of the Attorney General to au2 thorize a payment under paragraph (1) nor the amount au3 thorized shall be subject to judicial review.’’.

4 SEC. 3907. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated for fiscal year

6 1994 for the purposes of carrying out this Act and the

7 amendments made by this Act—

8 (1) $10,000,000 for the Federal Bureau of Inves9 tigation to hire, equip, and train no fewer than 100

10 special agents and support staff to investigate

11 telemarketing fraud cases;

12 (2) $3,500,000 to hire, equip, and train no fewer

13 than 30 Department of Justice attorneys, assistant

14 United States Attorneys, and support staff to pros15 ecute telemarketing fraud cases; and

16 (3) $10,000,000 for the Department of Justice to

17 conduct, in cooperation with State and local law en18 forcement agencies and senior citizen advocacy orga19 nizations, public awareness and prevention initiatives

20 for senior citizens, such as seminars and training.

21 SEC. 3908. BROADENING APPLICATION OF MAIL FRAUD

22 STATUTE.

23 Section 1341 of title 18, United States Code, is amend24 ed—
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1 (1) by inserting ‘‘or deposits or causes to be de2 posited any matter or thing whatever to be sent or de3 livered by any private or commercial interstate car4 rier,’’ after ‘‘Postal Service,’’; and

5 (2) by inserting ‘‘or such carrier’’ after ‘‘causes

6 to be delivered by mail’’.

7 SEC. 3909. FRAUD AND RELATED ACTIVITY IN CONNECTION

8 WITH ACCESS DEVICES.

9 Section 1029 of title 18, United States Code, is amend10 ed—

11 (1) in subsection (a)—

12 (A) by striking ‘‘or’’ at the end of para13 graph (3); and

14 (B) by inserting after paragraph (4) the fol15 lowing new paragraphs:

16 ‘‘(5) knowingly and with intent to defraud effects

17 transactions, with 1 or more access devices issued to

18 another person or persons, to receive payment or any

19 other thing of value during any 1-year period the ag20 gregate value of which is equal to or greater than

21 $1,000;

22 ‘‘(6) without the authorization of the issuer of

23 the access device, knowingly and with intent to de24 fraud solicits a person for the purpose of—

25 ‘‘(A) offering an access device; or
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1 ‘‘(B) selling information regarding or an

2 application to obtain an access device; or

3 ‘‘(7) without the authorization of the credit card

4 system member or its agent, knowingly and with in5 tent to defraud causes or arranges for another person

6 to present to the member or its agent, for payment,

7 1 or more evidences or records of transactions made

8 by an access device;’’;

9 (2) in subsection (c)(1) by striking ‘‘(a)(2) or

10 (a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;

11 and

12 (3) in subsection (e)—

13 (A) by striking ‘‘and’’ at the end of para14 graph (5);

15 (B) by striking the period at the end of

16 paragraph (6) and inserting ‘‘; and’’; and

17 (C) by adding at the end the following new

18 paragraph:

19 ‘‘(7) the term ‘credit card system member’ means

20 a financial institution or other entity that is a mem21 ber of a credit card system, including an entity,

22 whether affiliated with or identical to the credit card

23 issuer, that is the sole member of a credit card sys24 tem.’’.
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1 SEC. 3910. INFORMATION NETWORK.

2 (a) HOTLINE.—The Attorney General shall establish a

3 national toll-free hotline for the purpose of—

4 (1) providing general information on

5 telemarketing fraud to interested persons; and

6 (2) gathering information related to possible vio7 lations of this Act.

8 (b) ACTION ON INFORMATION GATHERED.—The Attor9 ney General shall work in cooperation with the Federal

10 Trade Commission to ensure that information gathered

11 through the hotline shall be acted on in an appropriate

12 manner.

13 TITLE XL—CHILD SAFETY

14 SEC. 4001. SHORT TITLE.

15 This title may be cited as the ‘‘Child Safety Act’’.

16 SEC. 4002. FINDINGS.

17 Congress finds the following:

18 (1) The problem of family violence does not nec19 essarily cease when the victimized family is legally

20 separated, divorced, or otherwise not sharing a house21 hold. During separation and divorce, family violence

22 often escalates, and child custody and visitation be23 come the new forum for the continuation of abuse.

24 (2) Some perpetrators use the children as pawns

25 to control the abused party after the couple is sepa26 rated.
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1 (3) Every year an estimated 1,000 to 5,000 chil2 dren are killed by their parents in the United States.

3 (4) In 1988, the Department of Justice reported

4 that 354,100 children were abducted by family mem5 bers who violated custody agreements or decrees. Most

6 victims were children from ages 2 to 11 years.

7 (5) Approximately 160,000 children are seriously

8 injured or impaired by abuse or neglect each year.

9 (6) Studies by the American Humane Associa10 tion indicate that reports of child abuse and neglect

11 have increased by over 200 percent from 1976 to

12 1986.

13 (7) Approximately 90 percent of children in

14 homes in which their mothers are abused witness the

15 abuse.

16 (8) Data indicates that women and children are

17 at elevated risk for violence during the process of and

18 after separation.

19 (9) Fifty to 70 percent of men who abuse their

20 spouses or partners also abuse their children.

21 (10) Up to 75 percent of all domestic assaults re22 ported to law enforcement agencies were inflicted after

23 the separation of the couples.
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1 (11) In one study of spousal homicide, over half

2 of the male defendants were separated from their vic3 tims.

4 (12) Seventy-three percent of battered women

5 seeking emergency medical services do so after separa6 tion.

7 SEC. 4003. PURPOSE.

8 The purpose of this Act is to authorize funding to en9 able supervised visitation centers to provide the following:

10 (1) Supervised visitation in cases where there is

11 documented sexual, physical or emotional abuse as de12 termined by the appropriate court.

13 (2) Supervised visitation in cases where there is

14 suspected or elevated risk of sexual, physical or emo15 tional abuse, or where there have been threats of pa16 rental abduction of the child.

17 (3) Supervised visitation for children who have

18 been placed in foster homes as a result of abuse.

19 (4) An evaluation of visitation between parents

20 and children for child protection social services to as21 sist such service providers in making determinations

22 of whether the children should be returned to a pre23 viously abusive home.

24 (5) A safe location for custodial parents to tem25 porarily transfer custody of their children with non-
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1 custodial parents, or to provide a protected visitation

2 environment, where there has been a history of domes3 tic violence or an order for protection is involved.

4 (6) An additional safeguard against the child

5 witnessing abuse or a safeguard against the injury or

6 death of a child or parent.

7 (7) An environment for families to have healthy

8 interaction activities, quality time, non-violent mem9 ory building experiences during visitation to help

10 build the parent/child relationship.

11 (8) Parent and child education and support

12 groups to help parents heal and learn new skills, and

13 to help children heal from past abuse.

14 SEC. 4004. DEMONSTRATION GRANTS FOR SUPERVISED VIS15 ITATION CENTERS.

16 (a) IN GENERAL.—The Secretary of Health and

17 Human Services (hereafter referred to in this Act as the

18 ‘‘Secretary’’) is authorized to award grants to and enter

19 into contracts and cooperative agreements with public or

20 nonprofit private entities to assist such entities in the estab21 lishment and operation of supervised visitation centers.

22 (b) CONSIDERATIONS.—In awarding grants, contracts

23 and agreements under subsection (a), the Secretary shall

24 take into account—
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1 (1) the number of families to be served by the

2 proposed visitation center to be established under the

3 grant, contract or agreement;

4 (2) the extent to which supervised visitation cen5 ters are needed locally;

6 (3) the relative need of the applicant; and

7 (4) the capacity of the applicant to make rapid

8 and effective use of assistance provided under the

9 grant, contract or agreement.

10 (c) USE OF FUNDS.—

11 (1) IN GENERAL.—Amounts provided under a

12 grant, contract or cooperative agreement awarded

13 under this section shall be used to establish supervised

14 visitation centers and for the purposes described in

15 section 4003. In using such amounts, grantees shall

16 target the economically disadvantaged and those indi17 viduals who could not otherwise afford such visitation

18 services. Other individuals may be permitted to uti19 lize the services provided by the center on a fee basis.

20 (2) COSTS.—To the extent practicable, the Sec21 retary shall ensure that, with respect to recipients of

22 grants, contracts or agreements under this section, the

23 perpetrators of the family violence, abuse or neglect

24 will be responsible for any and all costs associated
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1 with the supervised visitation undertaken at the cen2 ter.

3 SEC. 4005. DEMONSTRATION GRANT APPLICATION.

4 (a) IN GENERAL.—A grant, contract or cooperative

5 agreement may not be made or entered into under this Act

6 unless an application for such grant, contract or coopera7 tive agreement has been submitted to and approved by the

8 Secretary.

9 (b) APPROVAL.—Grants, contracts and cooperative

10 agreements under this Act shall be awarded in accordance

11 with such regulations as the Secretary may promulgate. At

12 a minimum, to be approved by the Secretary under this

13 section an application shall—

14 (1) demonstrate that the applicant has recog15 nized expertise in the area of family violence and a

16 record of high quality service to victims of family vio17 lence; and

18 (2) be submitted from an entity located in a

19 State where State law requires the courts to consider

20 evidence of violence in custody decisions.

21 SEC. 4006. EVALUATION OF DEMONSTRATION PROJECTS.

22 (a) IN GENERAL.—Not later than 30 days after the

23 end of each fiscal year, a recipient of a grant, contract or

24 cooperative agreement under this Act shall prepare and sub-
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1 mit to the Secretary a report that contains information con2 cerning—

3 (1) the number of families served per year;

4 (2) the number of families served per year cat5 egorized by—

6 (A) families who require that supervised

7 visitation because of child abuse only;

8 (B) families who require supervised visita9 tion because of a combination of child abuse and

10 domestic violence; and

11 (C) families who require supervised visita12 tion because of domestic violence only;

13 (3) the number of visits per family in the report

14 year categorized by—

15 (A) supervised visitation required by the

16 courts;

17 (B) supervised visitation based on suspected

18 or elevated risk of sexual, physical, or emotional

19 abuse, or threats of parental abduction of the

20 child that is not court mandated;

21 (C) supervised visitation that is part of a

22 foster care arrangement; and

23 (D) supervised visitation because of an

24 order of protection;
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1 (4) the number of supervised visitation arrange2 ments terminated because of violations of visitation

3 terms, including violence;

4 (5) the number of protective temporary transfers

5 of custody during the report year;

6 (6) the number of parental abduction cases in a

7 judicial district using supervised visitation services,

8 both as identified in criminal prosecution and cus9 tody violations;

10 (7) the number of safety and security problems

11 that occur during the report year;

12 (8) the number of families who are turned away

13 because the center cannot accommodate the demand

14 for services;

15 (9) the process by which children or abused part16 ners will be protected during visitations, temporary

17 custody transfers and other activities for which the

18 supervised visitation centers are created; and

19 (10) any other information determined appro20 priate in regulations promulgated by the Secretary.

21 (b) EVALUATION.—In addition to submitting the re22 ports required under subsection (a), an entity receiving a

23 grant, contract or cooperative agreement under this Act

24 shall have a collateral agreement with the court, the child

25 protection social services division of the State, and local do-
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1 mestic violence agencies or State and local domestic violence

2 coalitions to evaluate the supervised visitation center oper3 ated under the grant, contract or agreement. The entities

4 conducting such evaluations shall submit a narrative eval5 uation of the center to both the center and the grantee.

6 (c) DEMONSTRATION OF NEED.—The recipient of a

7 grant, contract or cooperative agreement under this Act

8 shall demonstrate, during the first 3 years of the project

9 operated under the grant, contract or agreement, the need

10 for continued funding.

11 SEC. 4007. SPECIAL GRANTS TO STUDY THE EFFECT OF SU12 PERVISED VISITATION ON SEXUALLY ABUSED

13 OR SEVERELY PHYSICALLY ABUSED CHIL14 DREN.

15 (a) AUTHORIZATION.—The Secretary is authorized to

16 award special grants to public or nonprofit private entities

17 to assist such entities in collecting clinical data for super18 vised visitation centers established under this Act to deter19 mine—

20 (1) the extent to which supervised visitation

21 should be allowed between children who are sexually

22 abused or severely physically abused by a parent,

23 where the visitation is not predicated on the abusive

24 parent having successively completed a specialized

25 course of therapy for such abusers;
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1 (2) the effect of supervised visitation on child

2 victims of sexual abuse or severe physical abuse when

3 the abusive parent exercising visitation has not com4 pleted specialized therapy and does not use the visita5 tion to alleviate the child victim’s guilt, fear, or con6 fusion;

7 (3) the relationship between the type of abuse or

8 neglect experienced by the child and the use of super9 vised visitation centers by the maltreating parent;

10 and

11 (4) in cases of spouse or partner abuse only, the

12 extent to which supervised visitation should be predi13 cated on participation by the abusive spouse in a spe14 cialized treatment program.

15 (b) APPLICATION.—To be eligible to receive a grant

16 under this section an entity shall prepare and submit to

17 the Secretary an application at such time, in such manner

18 and containing such information as the Secretary may re19 quire, including documentary evidence to demonstrate that

20 the entity possesses a high level of clinical expertise and

21 experience in child abuse treatment and prevention as they

22 relate to visitation. The level of clinical expertise and expe23 rience required will be determined by the Secretary.

24 (c) REPORT.—Not later than 1 year after the date on

25 which a grant is received under this section, and each year
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1 thereafter for the duration of the grant, the grantee shall

2 prepare and submit to the Secretary a report containing

3 the clinical data collected under such grant.

4 SEC. 4008. REPORTING.

5 Not later than 18 months after the date of enactment

6 of this Act, and annually thereafter, the Secretary shall pre7 pare and submit to the appropriate committees of Congress

8 a report containing the information collected under the re9 ports received under sections 4006 and 4007, including rec10 ommendations made by the Secretary concerning whether

11 or not the supervised visitation center demonstration and

12 clinical data programs should be reauthorized.

13 SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—For the purpose of awarding

15 grants, contracts and cooperative agreements under this

16 Act, there are authorized to be appropriated $15,000,000

17 for fiscal year 1994, $20,000,000 for fiscal year 1995, and

18 $25,000,000 for fiscal year 1996.

19 (b) DISTRIBUTION.—Of the amounts appropriated

20 under subsection (a) for each fiscal year—

21 (1) not less than 80 percent shall be used to

22 award grants, contracts, or cooperative agreements

23 under section 4005; and

24 (2) not more than 20 percent shall be used to

25 award grants under section 4007.
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1 (c) DISBURSEMENT.—Amounts appropriated under

2 this section shall be disbursed as categorical grants through

3 the 10 regional offices of the Department of Health and

4 Human Services.

5 TITLE XLI—FAMILY UNITY

6 DEMONSTRATION PROJECT

7 Subtitle A—Family Unity

8 Demonstration Project

9 SEC. 4101. SHORT TITLE.

10 This title may be cited as the ‘‘Family Unity

11 Demonstration Project Act’’.

12 SEC. 4102. FINDINGS AND PURPOSES.

13 (a) FINDINGS.—The Congress finds that—

14 (1) an increasing number of children are becom15 ing separated from their primary caretaker parents

16 due to the incarceration of the parents in prisons and

17 jails;

18 (2) such separation of children from their pri19 mary caretaker parents can cause harm to children’s

20 psychological well-being and hinder their growth and

21 development;

22 (3) a significant number of children are born

23 shortly before or during the incarceration of their

24 mothers and are then quickly separated from their

25 mothers, preventing the parent-child bonding that is
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1 crucial to developing in children a sense of security

2 and trust;

3 (4) maintaining close relationships with their

4 children provides a powerful incentive for prisoners to

5 participate in and successfully benefit from rehabili6 tative programs; and

7 (5) maintaining strong family ties during im8 prisonment has been shown to decrease recidivism,

9 thereby reducing prison costs.

10 (b) PURPOSE.—The purpose of this title is to evaluate

11 the effectiveness of certain demonstration projects in helping

12 to—

13 (1) alleviate the harm to children and primary

14 caretaker parents caused by separation due to the in15 carceration of the parents;

16 (2) reduce recidivism rates of prisoners by en17 couraging strong and supportive family relationships;

18 and

19 (3) explore the cost effectiveness of community

20 correctional facilities.

21 SEC. 4103. DEFINITIONS.

22 In this title—

23 ‘‘child’’ means a person who is less than 6 years

24 of age.
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1 ‘‘community correctional facility’’ means a resi2 dential facility that—

3 (A) is used only for eligible offenders and

4 their children under 6 years of age;

5 (B) is not within the confines of a jail or

6 prison;

7 (C) has a maximum capacity of 50 pris8 oners in addition to their children; and

9 (D) provides to inmates and their chil10 dren—

11 (i) a safe, stable, environment for chil12 dren;

13 (ii) pediatric and adult medical care

14 consistent with medical standards for cor15 rectional facilities;

16 (iii) programs to improve the stability

17 of the parent-child relationship, including

18 educating parents regarding—

19 (I) child development; and

20 (II) household management;

21 (iv) alcoholism and drug addiction

22 treatment for prisoners; and

23 (v) programs and support services to

24 help inmates—
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1 (I) to improve and maintain

2 mental and physical health, including

3 access to counseling;

4 (II) to obtain adequate housing

5 upon release from State incarceration;

6 (III) to obtain suitable education,

7 employment, or training for employ8 ment; and

9 (IV) to obtain suitable child care.

10 ‘‘Director’’ means the Director of the Federal Bu11 reau of Prisons.

12 ‘‘eligible offender’’ means a primary caretaker

13 parent who—

14 (A) is sentenced to a term of imprisonment

15 of not more than 7 years or is awaiting sentenc16 ing for a conviction punishable by such a term

17 of imprisonment;

18 (B) except in the case of an offender await19 ing sentencing, is incarcerated currently to serve

20 that sentence;

21 (C) is not eligible currently for probation or

22 parole until the expiration of a period exceeding

23 180 days; and

24 (D) has not engaged in conduct which—
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1 (i) knowingly resulted in death or seri2 ous bodily injury;

3 (ii) is a felony for a crime of violence

4 against the person; or

5 (iii) constitutes child neglect or mental,

6 physical, or sexual abuse of a child.

7 ‘‘primary caretaker parent’’ means—

8 (A) a parent who has consistently assumed

9 responsibility for the housing, health, and safety

10 of a child prior to incarceration; or

11 (B) a woman who has given birth to a child

12 after or while awaiting her sentencing hearing

13 and who expresses a willingness to assume re14 sponsibility for the housing, health, and safety of

15 that child,

16 a parent who, in the best interest of a child, has ar17 ranged for the temporary care of the child in the

18 home of a relative or other responsible adult shall not

19 for that reason be excluded from the category ‘‘pri20 mary caretaker’’.

21 ‘‘State’’ means 1 of the States or the District of

22 Columbia.
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1 SEC. 4104. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION.—There is authorized to be ap3 propriated to carry out this title $8,000,000 for each of fis4 cal years 1995, 1996, 1997, 1998 and 1999.

5 (b) AVAILABILITY OF APPROPRIATIONS.—Of the

6 amount appropriated under subsection (a) for any fiscal

7 year—

8 (1) 90 percent shall be available to carry out

9 title II; and

10 (2) 10 percent shall be available to carry out

11 title III.

12 Subtitle B—Grants to States

13 SEC. 4111. AUTHORITY TO MAKE GRANTS.

14 (a) GENERAL AUTHORITY.—The Director may make

15 grants, on a competitive basis, to States to carry out in

16 accordance with this title family unity demonstration

17 projects that enable eligible offenders to live in community

18 correctional facilities with their children.

19 (b) PREFERENCES.—For the purpose of making grants

20 under subsection (a), the Director shall give preference to

21 a State that includes in the application required by section

22 202 assurances that if the State receives a grant—

23 (1) both the State corrections agency and the

24 State health and human services agency will partici25 pate substantially in, and cooperate closely in all as26 pects of, the development and operation of the family
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1 unity demonstration project for which such a grant is

2 requested;

3 (2) boards made up of community residents,

4 local businesses, corrections officials, former prisoners,

5 child development professionals, educators, and mater6 nal and child health professionals will be established

7 to advise the State regarding the operation of such

8 project;

9 (3) the State has in effect a policy that provides

10 for the placement of all prisoners, whenever possible,

11 in correctional facilities for which they qualify that

12 are located closest to their respective family homes;

13 (4) unless the Director determines that a longer

14 timeline is appropriate in a particular case and noti15 fies the Attorney General in writing of the length as

16 reason for such extension, the State will implement

17 the project not later than 180 days after receiving a

18 grant under subsection (a) and will expend all of the

19 grant during a 1-year period;

20 (5) the State demonstrates that it has the capac21 ity to continue implementing a community correc22 tional facility beyond the funding period to ensure the

23 continuity of the work;

24 (6) for the purpose of selecting eligible offenders

25 to participate in the project, the State will—
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1 (A) give written notice to a prisoner, not

2 later than 30 days after the State first receives

3 a grant under subsection (a) or 30 days after the

4 prisoner is sentenced to a term of imprisonment

5 of not more than 7 years (whichever is later), of

6 the proposed or current operation of the project;

7 (B) accept at any time at which the project

8 is in operation an application by a prisoner to

9 participate in the project if, at the time of appli10 cation, the remainder of the prisoner’s sentence

11 exceeds 180 days;

12 (C) review applications by prisoners in the

13 sequence in which the State receives such appli14 cations;

15 (D) not more than 50 days after reviewing

16 such applications approve or disapprove the ap17 plication; and

18 (7) for the purposes of selecting eligible offenders

19 to participate in such project, the State authorizes

20 State courts to sentence an eligible offender directly to

21 a correctional facility, provided that the court gives

22 assurances that the offender would have otherwise

23 served a term of imprisonment.

24 (c) SELECTION OF GRANTEES.—The Director shall

25 make grants under subsection (a) on a competitive basis,
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1 based on such criteria as the Director shall issue by rule

2 and taking into account the priorities described in sub3 section (b).

4 (d) NUMBER OF GRANTS.—In any fiscal year for

5 which funds are available to carry out this title, the Direc6 tor shall make grants to no fewer than 4 and no greater

7 than 8 eligible States geographically dispersed throughout

8 the United States.

9 SEC. 4112. ELIGIBILITY TO RECEIVE GRANTS.

10 To be eligible to receive a grant under section 201(a),

11 a State shall submit to the Director an application at such

12 time, in such form, and containing such information as the

13 Director reasonably may require by rule.

14 SEC. 4113. REPORT.

15 (a) IN GENERAL.—A State that receives a grant under

16 this title shall, not later than 90 days after the 1-year pe17 riod in which the grant is required to be expended, submit

18 a report to the Director regarding the family unity dem19 onstration project for which the grant was expended.

20 (b) CONTENTS.—A report under subsection (a) shall—

21 (1) state the number of prisoners who submitted

22 applications to participate in the project and the

23 number of prisoners who were placed in community

24 correctional facilities;
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1 (2) state, with respect to prisoners placed in the

2 project, the number of prisoners who are returned to

3 that jurisdiction and custody and the reasons for such

4 return;

5 (3) describe the nature and scope of educational

6 and training activities provided to prisoners partici7 pating in the project;

8 (4) state the number, and describe the scope of,

9 contracts made with public and nonprofit private

10 community-based organizations to carry out such

11 project; and

12 (5) evaluate the effectiveness of the project in ac13 complishing the purposes described in section 102(b).

14 Subtitle C—Family Unity Dem15 onstration Project for Federal

16 Prisoners

17 SEC. 4121. AUTHORITY OF THE ATTORNEY GENERAL.

18 (a) IN GENERAL.—Ten percent of the funds authorized

19 under this title shall be used for defendants convicted of

20 Federal offenses.

21 (b) GENERAL CONTRACTING AUTHORITY.—In imple22 menting this title, the Bureau of Prisons may enter into

23 contracts with appropriate public or private agencies to

24 provide housing, sustenance, services, and supervision of in-
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1 mates eligible for placement in community correctional fa2 cilities under this title.

3 (c) USE OF STATE FACILITIES.—At the discretion of

4 the Attorney General, Federal participants may be placed

5 in State projects, as defined in title II. For such partici6 pants, the Attorney General shall, with funds available

7 under section 104(b)(2), reimburse the State for all project

8 costs related to the Federal participant’s placement, includ9 ing administrative costs.

10 SEC. 4122. REQUIREMENTS.

11 For the purpose of placing Federal participants in a

12 family unity demonstration project under section 301, the

13 Attorney General shall—

14 (1) consult with the Secretary of Health and

15 Human Services regarding the development and oper16 ation of the project; and

17 (2) submit to the Director a report containing

18 the information described in section 203(b).

19 TITLE XLII—DOMESTIC

20 VIOLENCE

21 SEC. 4201. SHORT TITLE.

22 This title may be cited as the ‘‘Domestic Violence Fire23 arm Prevention Act’’.

24 SEC. 4202. FINDINGS.

25 The Congress finds that—
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1 (1) domestic violence is the leading cause of in2 jury to women in the United States between the ages

3 of 15 and 44;

4 (2) firearms are used by the abuser in 7 percent

5 of domestic violence incidents and produces an ad6 verse effect on interstate commerce; and

7 (3) individuals with a history of domestic abuse

8 should not have easy access to firearms.

9 SEC. 4203. PROHIBITION AGAINST DISPOSAL OF FIREARMS

10 TO, OR RECEIPT OF FIREARMS BY, PERSONS

11 WHO HAVE COMMITTED DOMESTIC ABUSE.

12 (a) PROHIBITION AGAINST DISPOSAL OF FIREARMS.—

13 Section 922(d) of title 18, United States Code, is amend14 ed—

15 (1) by striking ‘‘or’’ at the end of paragraph (6);

16 (2) by striking the period at the end of para17 graph (7) and inserting ‘‘; or’’; and

18 (3) by inserting after paragraph (7) the follow19 ing new paragraph:

20 ‘‘(8)(A) has been convicted in any court of an of21 fense that—

22 ‘‘(i) involves the use, attempted use, or

23 threatened use of physical force against a person

24 who is a spouse, former spouse, domestic partner,

25 child, or former child of the person; or
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1 ‘‘(ii) by its nature, involves a substantial

2 risk that physical force against a person who is

3 a spouse, former spouse, domestic partner, child,

4 or former child of the person may be used in the

5 course of committing the offense; or

6 ‘‘(B) is required, pursuant to an order issued by

7 any court in a case involving a person described in

8 subparagraph (A), to refrain from any contact with

9 or to maintain a minimum distance from that person

10 or to refrain from abuse, harassment, or stalking of

11 that person.’’.

12 (b) PROHIBITION AGAINST RECEIPT OF FIREARMS.—

13 Section 922(g) of title 18, United States Code, is amend14 ed—

15 (1) by striking ‘‘or’’ at the end of paragraph (6);

16 (2) by inserting ‘‘or’’ at the end of paragraph

17 (7); and

18 (3) by inserting after paragraph (7) the follow19 ing new paragraph:

20 ‘‘(8)(A) has been convicted in any court of an of21 fense that—

22 ‘‘(i) involves the use, attempted use, or

23 threatened use of physical force against a person

24 who is a spouse, former spouse, domestic partner,

25 child, or former child of the person; or
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1 ‘‘(ii) by its nature, involves a substantial

2 risk that physical force against a person who is

3 a spouse, former spouse, domestic partner, child,

4 or former child of the person may be used in the

5 course of committing the offense; or

6 ‘‘(B) is required, pursuant to an order issued by

7 any court in a case involving a person described in

8 subparagraph (A), to refrain from any contact with

9 or to maintain a minimum distance from that per10 son, or to refrain from abuse, harassment, or stalking

11 of that person;’’.

12 TITLE XLIII—MISSING AND

13 EXPLOITED CHILDREN

14 SECTION 4301. SHORT TITLE.

15 This title may be cited as the ‘‘Morgan P. Hardiman

16 Task Force on Missing and Exploited Children Act’’.

17 SEC. 4302. FINDINGS.

18 The Congress finds that—

19 (1) the victimization of children in our Nation

20 has reached epidemic proportions; recent Department

21 of Justice figures show that—

22 (A) 4,600 children were abducted by non23 family members;

24 (B) two-thirds of the abductions of children

25 by non-family members involve sexual assault;
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1 (C) more than 354,000 children were ab2 ducted by family members; and

3 (D) 451,000 children ran away;

4 (2) while some local law enforcement officials

5 have been successful in the investigation and resolu6 tion of such crimes, most local agencies lack the per7 sonnel and resources necessary to give this problem

8 the full attention it requires;

9 (3) a majority of the Nation’s 17,000 police de10 partments have 10 or fewer officers; and

11 (4) locating missing children requires a coordi12 nated law enforcement effort; supplementing local law

13 enforcement agencies with a team of assigned active

14 Federal agents will allow Federal agents to pool their

15 resources and expertise in order to assist local agents

16 in the investigation of the Nation’s most difficult

17 cases involving missing children.

18 SEC. 4303. PURPOSE.

19 The purpose of this title is to establish a task force

20 comprised of law enforcement officers from pertinent Fed21 eral agencies to work with the National Center for Missing

22 and Exploited Children (referred to as the ‘‘Center’’) and

23 coordinate the provision of Federal law enforcement re24 sources to assist State and local authorities in investigating

25 the most difficult cases of missing and exploited children.
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1 SEC. 4304. ESTABLISHMENT OF TASK FORCE.

2 Title IV of the Juvenile Justice and Delinquency Pre3 vention Act of 1974 (42 U.S.C. 5771 et seq.) is amended—

4 (1) by redesignating sections 407 and 408 as sec5 tions 408 and 409, respectively; and

6 (2) by inserting after section 406 the following

7 new section:

8 ‘‘TASK FORCE

9 ‘‘SEC. 407. (a) ESTABLISHMENT.—There is established

10 a Missing and Exploited Children’s Task Force (referred

11 to as the ‘‘Task Force’’).

12 ‘‘(b) MEMBERSHIP.—

13 ‘‘(1) IN GENERAL.—The Task Force shall include

14 at least 2 members from each of—

15 ‘‘(A) the Federal Bureau of Investigation;

16 ‘‘(B) the Secret Service;

17 ‘‘(C) the Bureau of Alcohol, Tobacco and

18 Firearms;

19 ‘‘(D) the United States Customs Service;

20 ‘‘(E) the Postal Inspection Service;

21 ‘‘(F) the United States Marshals Service;

22 and

23 ‘‘(G) the Drug Enforcement Administration.

24 ‘‘(2) CHIEF.—A representative of the Federal

25 Bureau of Investigation (in addition to the members
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1 of the Task Force selected under paragraph (1)(A))

2 shall act as chief of the Task Force.

3 ‘‘(3) SELECTION.—(A) The Director of the Fed4 eral Bureau of Investigation shall select the chief of

5 the Task Force.

6 ‘‘(B) The heads of the agencies described in para7 graph (1) shall submit to the chief of the Task Force

8 a list of at least 5 prospective Task Force members,

9 and the chief shall select 2, or such greater number as

10 may be agreeable to an agency head, as Task Force

11 members.

12 ‘‘(4) PROFESSIONAL QUALIFICATIONS.—The

13 members of the Task Force shall be law enforcement

14 personnel selected for their expertise that would enable

15 them to assist in the investigation of cases of missing

16 and exploited children.

17 ‘‘(5) STATUS.—A member of the Task Force shall

18 remain an employee of his or her respective agency

19 for all purposes (including the purpose of performance

20 review), and his or her service on the Task Force shall

21 be without interruption or loss of civil service privi22 lege or status and shall be on a nonreimbursable

23 basis.

24 ‘‘(6) PERIOD OF SERVICE.—(A) Subject to sub25 paragraph (B), 1 member from each agency shall ini-
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1 tially serve a 1-year term, and the other member from

2 the same agency shall serve a 1-year term, and may

3 be selected to a renewal of service for 1 additional

4 year; thereafter, each new member to serve on the

5 Task Force shall serve for a 2-year period with the

6 member’s term of service beginning and ending in al7 ternate years with the other member from the same

8 agency; the period of service for the chief of the Task

9 Force shall be 3 years.

10 ‘‘(B) The chief of the Task Force may at any

11 time request the head of an agency described in para12 graph (1) to submit a list of 5 prospective Task Force

13 members to replace a member of the Task Force, for

14 the purpose of maintaining a Task Force membership

15 that will be able to meet the demands of its caseload.

16 ‘‘(c) SUPPORT.—

17 ‘‘(1) IN GENERAL.—The Administrator of the

18 General Services Administration, in coordination

19 with the heads of the agencies described in subsection

20 (b)(1), shall provide the Task Force office space and

21 administrative and support services, such office space

22 to be in close proximity to the office of the Center, so

23 as to enable the Task Force to coordinate its activities

24 with that of the Center on a day-to-day basis.
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1 ‘‘(2) LEGAL GUIDANCE.—The Attorney General

2 shall assign a United States Attorney to provide legal

3 guidance, as needed, to members of the Task Force.

4 ‘‘(d) PURPOSE.—

5 ‘‘(1) IN GENERAL.—(A) The purpose of the Task

6 Force shall be to make available the combined re7 sources and expertise of the agencies described in

8 paragraph (1) to assist State and local governments

9 in the most difficult missing and exploited child cases

10 nationwide, as identified by the chief of the Task

11 Force from time to time, in consultation with the

12 Center, and as many additional cases as resources

13 permit, including the provision of assistance to State

14 and local investigators on location in the field.

15 ‘‘(B) TECHNICAL ASSISTANCE.—The role of the

16 Task Force in any investigation shall be to provide

17 advice and technical assistance and to make available

18 the resources of the agencies described in subsection

19 (b)(1); the Task Force shall not take a leadership role

20 in any such investigation.

21 ‘‘(e) TRAINING.—Members of the Task Force shall re22 ceive a course of training, provided by the Center, in mat23 ters relating to cases of missing and exploited children.

24 ‘‘(f) CROSS-DESIGNATION OF TASK FORCE MEM25 BERS.—The Attorney General shall cross-designate the
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1 members of the Task Force with jurisdiction to enforce Fed2 eral law related to child abduction to the extent necessary

3 to accomplish the purposes of this section.’’.

4 TITLE XLIV—PUBLIC

5 CORRUPTION

6 SEC. 4401. SHORT TITLE.

7 This title may be cited as the ‘‘Anti-Corruption Act

8 of 1993’’.

9 SEC. 4402. PUBLIC CORRUPTION.

10 (a) OFFENSES.—Chapter 11 of title 18, United States

11 Code, is amended by adding at the end the following new

12 section:

13 ‘‘§ 226. Public corruption

14 ‘‘(a) STATE AND LOCAL GOVERNMENT.—

15 ‘‘(1) HONEST SERVICES.—Whoever, in a cir16 cumstance described in paragraph (3), deprives or de17 frauds, or endeavors to deprive or to defraud, by any

18 scheme or artifice, the inhabitants of a State or polit19 ical subdivision of a State of the honest services of an

20 official or employee of the State or political subdivi21 sion shall be fined under this title, imprisoned not

22 more than 10 years, or both.

23 ‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who24 ever, in a circumstance described in paragraph (3),

25 deprives or defrauds, or endeavors to deprive or to de-
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1 fraud, by any scheme or artifice, the inhabitants of a

2 State or political subdivision of a State of a fair and

3 impartially conducted election process in any pri4 mary, run-off, special, or general election through one

5 or more of the following means, or otherwise—

6 ‘‘(A) through the procurement, casting, or

7 tabulation of ballots that are materially false,

8 fictitious, or fraudulent or that are invalid,

9 under the laws of the State in which the election

10 is held;

11 ‘‘(B) through paying or offering to pay any

12 person for voting;

13 ‘‘(C) through the procurement or submission

14 of voter registrations that contain false material

15 information, or omit material information; or

16 ‘‘(D) through the filing of any report re17 quired to be filed under State law regarding an

18 election campaign that contains false material

19 information or omits material information,

20 shall be fined under this title, imprisoned not more

21 than 10 years, or both.

22 ‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC23 CURS.—The circumstances referred to in paragraphs

24 (1) and (2) are that—
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1 ‘‘(A) for the purpose of executing or conceal2 ing a scheme or artifice described in paragraph

3 (1) or (2) or attempting to do so, a person—

4 ‘‘(i) places in any post office or au5 thorized depository for mail matter, any

6 matter or thing to be sent or delivered by

7 the Postal Service, or takes or receives there8 from any such matter or thing, or know9 ingly causes to be delivered by mail accord10 ing to the direction thereon, or at the place

11 at which it is directed to be delivered by the

12 person to whom it is addressed, any such

13 matter or thing;

14 ‘‘(ii) transmits or causes to be trans15 mitted by means of wire, radio, or television

16 communication in interstate or foreign com17 merce any writings, signs, signals, pictures,

18 or sounds;

19 ‘‘(iii) transports or causes to be trans20 ported any person or thing, or induces any

21 person to travel in or to be transported in,

22 interstate or foreign commerce; or

23 ‘‘(iv) uses or causes the use of any fa24 cility of interstate or foreign commerce;
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1 ‘‘(B) the scheme or artifice affects or con2 stitutes an attempt to affect in any manner or

3 degree, or would if executed or concealed affect,

4 interstate or foreign commerce; or

5 ‘‘(C) in the case of an offense described in

6 paragraph (2), an objective of the scheme or arti7 fice is to secure the election of an official who,

8 if elected, would have any authority over the ad9 ministration of funds derived from an Act of

10 Congress totaling $10,000 or more during the 12-

11 month period immediately preceding or follow12 ing the election or date of the offense.

13 ‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or

14 defrauds, or endeavors to deprive or to defraud, by any

15 scheme or artifice, the inhabitants of the United States of

16 the honest services of a public official or a person who has

17 been selected to be a public official shall be fined under this

18 title, imprisoned not more than 10 years, or both.

19 ‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EMPLOYEE

20 OR OFFICIAL.—

21 ‘‘(1) CRIMINAL OFFENSE.—Whoever, being an of22 ficial, public official, or person who has been selected

23 to be a public official, directly or indirectly dis24 charges, demotes, suspends, threatens, harasses, or in

25 any manner discriminates against an employee or of-
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1 ficial of the United States or of a State or political

2 subdivision of a State, or endeavors to do so, in order

3 to carry out or to conceal a scheme or artifice de4 scribed in subsection (a) or (b), shall be fined under

5 this title, imprisoned not more than 5 years, or both.

6 ‘‘(2) CIVIL ACTION.—(A) Any employee or offi7 cial of the United States or of a State or political

8 subdivision of a State who is discharged, demoted,

9 suspended, threatened, harassed, or in any manner

10 discriminated against because of lawful acts done by

11 the employee or official as a result of a violation of

12 this section or because of actions by the employee on

13 behalf of himself or herself or others in furtherance of

14 a prosecution under this section (including investiga15 tion for, initiation of, testimony for, or assistance in

16 such a prosecution) may bring a civil action and ob17 tain all relief necessary to make the employee or offi18 cial whole, including—

19 ‘‘(i) reinstatement with the same seniority

20 status that the employee or official would have

21 had but for the violation;

22 ‘‘(ii) 3 times the amount of backpay;

23 ‘‘(iii) interest on the backpay; and

24 ‘‘(iv) compensation for any special damages

25 sustained as a result of the violation, including
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1 reasonable litigation costs and reasonable attor2 ney’s fees.

3 ‘‘(B) An employee or official shall not be af4 forded relief under subparagraph (A) if the employee

5 or official participated in the violation of this section

6 with respect to which relief is sought.

7 ‘‘(C)(i) A civil action or proceeding authorized

8 by this paragraph shall be stayed by a court upon

9 certification of an attorney for the Government that

10 prosecution of the action or proceeding may adversely

11 affect the interests of the Government in a pending

12 criminal investigation or proceeding.

13 ‘‘(ii) The attorney for the Government shall

14 promptly notify the court when a stay may be lifted

15 without such adverse effects.

16 ‘‘(d) DEFINITIONS.—As used in this section—

17 ‘‘(1) the term ‘official’ includes—

18 ‘‘(A) any person employed by, exercising

19 any authority derived from, or holding any posi20 tion in the government of a State or any sub21 division of the executive, legislative, judicial, or

22 other branch of government thereof, including a

23 department, independent establishment, commis24 sion, administration, authority, board, and bu25 reau, and a corporation or other legal entity es-
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1 tablished and subject to control by a government

2 or governments for the execution of a govern3 mental or intergovernmental program;

4 ‘‘(B) any person acting or pretending to act

5 under color of official authority; and

6 ‘‘(C) any person who has been nominated,

7 appointed, or selected to be an official or who

8 has been officially informed that he or she will

9 be so nominated, appointed, or selected;

10 ‘‘(2) the term ‘person acting or pretending to act

11 under color of official authority’ includes a person

12 who represents that he or she controls, is an agent of,

13 or otherwise acts on behalf of an official, public offi14 cial, and person who has been selected to be a public

15 official;

16 ‘‘(3) the terms ‘public official’ and ‘person who

17 has been selected to be a public official’ have the

18 meanings stated in section 201 and also include any

19 person acting or pretending to act under color of offi20 cial authority;

21 ‘‘(4) the term ‘State’ means a State of the United

22 States, the District of Columbia, Puerto Rico, and

23 any other commonwealth, territory, or possession of

24 the United States; and
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1 ‘‘(5) the term ‘uses any facility of interstate or

2 foreign commerce’ includes the intrastate use of any

3 facility that may also be used in interstate or foreign

4 commerce.’’.

5 (b) TECHNICAL AMENDMENTS.—(1) The chapter anal6 ysis for chapter 11 of title 18, United States Code, is

7 amended by adding at the end the following new item:

‘‘226. Public corruption.’’.

8 (2) Section 1961(1) of title 18, United States Code,

9 is amended by inserting ‘‘section 226 (relating to public

10 corruption),’’ after ‘‘section 224 (relating to sports brib11 ery),’’.

12 (3) Section 2516(1)(c) of title 18, United States Code,

13 is amended by inserting ‘‘section 226 (relating to public

14 corruption),’’ after ‘‘section 224 (bribery in sporting con15 tests),’’.

16 SEC. 4403. INTERSTATE COMMERCE.

17 (a) IN GENERAL.—Section 1343 of title 18, United

18 States Code, is amended—

19 (1) by striking ‘‘transmits or causes to be trans20 mitted by means of wire, radio, or television commu21 nication in interstate or foreign commerce, any

22 writings, signs, signals, pictures, or sounds’’ and in23 serting ‘‘uses or causes to be used any facility of

24 interstate or foreign commerce’’; and
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1 (2) by inserting ‘‘or attempting to do so’’ after

2 ‘‘for the purpose of executing such scheme or artifice’’.

3 (b) TECHNICAL AMENDMENTS.—(1) The heading of

4 section 1343 of title 18, United States Code, is amended

5 to read as follows:

6 ‘‘§ 1343. Fraud by use of facility of interstate com7 merce’’.

8 (2) The chapter analysis for chapter 63 of title 18,

9 United States Code, is amended by amending the item re10 lating to section 1343 to read as follows:

‘‘1343. Fraud by use of facility of interstate commerce.’’.

11 SEC. 4404. NARCOTICS-RELATED PUBLIC CORRUPTION.

12 (a) OFFENSES.—Chapter 11 of title 18, United States

13 Code, is amended by inserting after section 219 the follow14 ing new section:

15 ‘‘§ 220. Narcotics and public corruption

16 ‘‘(a) OFFENSE BY PUBLIC OFFICIAL.—A public official

17 who, in a circumstance described in subsection (c), directly

18 or indirectly, corruptly demands, seeks, receives, accepts, or

19 agrees to receive or accept anything of value personally or

20 for any other person in return for—

21 ‘‘(1) being influenced in the performance or non22 performance of any official act; or

23 ‘‘(2) being influenced to commit or to aid in

24 committing, or to collude in, or to allow or make op-
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1 portunity for the commission of any offense against

2 the United States or any State,

3 shall be guilty of a class B felony.

4 ‘‘(b) OFFENSE BY PERSON OTHER THAN A PUBLIC

5 OFFICIAL.—A person who, in a circumstance described in

6 subsection (c), directly or indirectly, corruptly gives, offers,

7 or promises anything of value to any public official, or of8 fers or promises any public official to give anything of value

9 to any other person, with intent—

10 ‘‘(1) to influence any official act;

11 ‘‘(2) to influence the public official to commit or

12 aid in committing, or to collude in, or to allow or

13 make opportunity for the commission of any offense

14 against the United States or any State; or

15 ‘‘(3) to influence the public official to do or to

16 omit to do any act in violation of the official’s lawful

17 duty,

18 shall be guilty of a class B felony.

19 ‘‘(c) CIRCUMSTANCES IN WHICH OFFENSE OCCURS.—

20 The circumstances referred to in subsections (a) and (b) are

21 that the offense involves, is part of, or is intended to further

22 or to conceal the illegal possession, importation, manufac23 ture, transportation, or distribution of any controlled sub24 stance or controlled substance analogue.

25 ‘‘(d) DEFINITIONS.—As used in this section—
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1 ‘‘(1) the terms ‘controlled substance’ and ‘con2 trolled substance analogue’ have the meanings stated

3 in section 102 of the Controlled Substances Act (21

4 U.S.C. 802);

5 ‘‘(2) the term ‘official act’ means any decision,

6 action, or conduct regarding any question, matter,

7 proceeding, cause, suit, investigation, or prosecution

8 which may at any time be pending, or which may be

9 brought before any public official, in such official’s of10 ficial capacity, or in such official’s place of trust or

11 profit; and

12 ‘‘(3) the term ‘public official’ means—

13 ‘‘(A) an officer or employee or person acting

14 for or on behalf of the United States, or any de15 partment, agency, or branch of Government

16 thereof in any official function, under or by au17 thority of any such department, agency, or

18 branch of Government;

19 ‘‘(B) a juror;

20 ‘‘(C) an officer or employee or person acting

21 for or on behalf of the government of any State,

22 territory, or possession of the United States (in23 cluding the District of Columbia), or any politi24 cal subdivision thereof, in any official function,
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1 under or by the authority of any such State, ter2 ritory, possession, or political subdivision; and

3 ‘‘(D) any person who has been nominated

4 or appointed to a position described in subpara5 graph (A), (B), or (C), or has been officially in6 formed that he or she will be so nominated or

7 appointed.’’.

8 (b) TECHNICAL AMENDMENTS.—(1) Section 1961(1) of

9 title 18, United States Code, is amended by inserting ‘‘sec10 tion 220 (relating to narcotics and public corruption),’’

11 after ‘‘Section 201 (relating to bribery),’’.

12 (2) Section 2516(1)(c) of title 18, United States Code,

13 is amended by inserting ‘‘section 220 (relating to narcotics

14 and public corruption),’’ after ‘‘section 201 (bribery of pub15 lic officials and witnesses),’’.

16 (3) The chapter analysis for chapter 11 of title 18,

17 United States Code, is amended by inserting after the item

18 for section 219 the following new item:

‘‘220. Narcotics and public corruption.’’.

19 TITLE XLV—SEMIAUTOMATIC

20 ASSAULT WEAPONS

21 SEC. 4501. SHORT TITLE.

22 This title may be cited as the ‘‘Public Safety and Rec23 reational Firearms Use Protection Act’’.
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1 SEC. 4502. RESTRICTION ON MANUFACTURE, TRANSFER,

2 AND POSSESSION OF CERTAIN SEMIAUTO3 MATIC ASSAULT WEAPONS.

4 (a) RESTRICTION.—Section 922 of title 18, United

5 States Code, is amended by adding at the end the following

6 new subsection:

7 ‘‘(s) It shall be unlawful for a person to manufacture,

8 transfer, or possess a semiautomatic assault weapon.’’.

9 (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAP10 ON.—Section 921(a) of title 18, United States Code, is

11 amended by adding at the end the following new paragraph:

12 ‘‘(29) The term ‘semiautomatic assault weapon’

13 means—

14 ‘‘(A) any of the firearms, or types, replicas, or

15 duplicates in any caliber of the firearms, known as—

16 ‘‘(i) Norinco, Mitchell, and Poly Tech17 nologies Avtomat Kalashnikovs (all models);

18 ‘‘(ii) Action Arms Israeli Military Indus19 tries UZI and Galil;

20 ‘‘(iii) Beretta AR–70 (SC–70);

21 ‘‘(iv) Colt AR–15;

22 ‘‘(v) Fabrique Nationale FN/FAL, FN/LAR,

23 and FNC;

24 ‘‘(vi) SWD M–10, M–11, M–11/9, and M–

25 12;

26 ‘‘(vii) Steyr AUG;
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1 ‘‘(viii) INTRATEC TEC–9, TEC–DC9 and

2 TEC–22; and

3 ‘‘(ix) any shotgun which contains its am4 munition in a revolving cylinder, such as (but

5 not limited to) the Street Sweeper and Striker

6 12;

7 ‘‘(B) a semiautomatic rifle that has an ability to

8 accept a detachable magazine and has at least 2 of—

9 ‘‘(i) a folding or telescoping stock;

10 ‘‘(ii) a pistol grip that protrudes conspicu11 ously beneath the action of the weapon;

12 ‘‘(iii) a bayonet mount;

13 ‘‘(iv) a flash suppressor or barrel having a

14 threaded muzzle; and

15 ‘‘(v) a grenade launcher;

16 ‘‘(C) a semiautomatic pistol that has an ability

17 to accept a detachable magazine and has at least 2

18 of—

19 ‘‘(i) an ammunition magazine that attaches

20 to the pistol outside of the pistol grip;

21 ‘‘(ii) a barrel having a threaded muzzle;

22 ‘‘(iii) a shroud that is attached to, or par23 tially or completely encircles, the barrel and that

24 permits the shooter to hold the firearm with the

25 non-trigger hand without being burned;
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1 ‘‘(iv) a manufactured weight of 50 ounces or

2 more when the pistol is unloaded; and

3 ‘‘(v) a semiautomatic version of an auto4 matic firearm; and

5 ‘‘(D) a semiautomatic shotgun that has at least

6 2 of—

7 ‘‘(i) a folding or telescoping stock;

8 ‘‘(ii) a pistol grip that protrudes conspicu9 ously beneath the action of the weapon;

10 ‘‘(iii) a fixed magazine capacity in excess of

11 5 rounds; and

12 ‘‘(iv) an ability to accept a detachable mag13 azine.

14 (c) PENALTIES.—

15 (1) VIOLATION OF SECTION 922(s).—Section

16 924(a)(1)(B) of title 18, United States Code, is

17 amended by striking ‘‘or (q) of section 922’’ and in18 serting ‘‘(q), or (s) of section 922’’.

19 (2) USE OR POSSESSION DURING CRIME OF VIO20 LENCE OR DRUG TRAFFICKING CRIME.—Section

21 924(c)(1) of title 18, United States Code, is amended

22 in the first sentence by inserting ‘‘, or semiautomatic

23 assault weapon’’ after ‘‘short-barreled shotgun,’’.

24 (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC

25 ASSAULT WEAPONS.—Section 923(i) of title 18, United
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1 States Code, is amended by adding at the end the following

2 new sentence: ‘‘The serial number of any semiautomatic as3 sault weapon manufactured after the date of enactment of

4 this section shall clearly show the date on which the weapon

5 was manufactured.’’.

6 SEC. 4503. EXEMPTION FOR FIREARMS LAWFULLY POS7 SESSED PRIOR TO DATE OF ENACTMENT.

8 Section 922(s) of title 18, United States Code, as added

9 by section 4502(a), is amended by adding at the end the

10 following paragraph:

11 ‘‘(2) Paragraph (1) shall not apply to the transfer or

12 possession of any firearm that was lawfully possessed before

13 the effective date of this subsection.’’.

14 SEC. 4504. EXEMPTION FOR CERTAIN HUNTING AND SPORT15 ING FIREARMS.

16 Section 922 of title 18, as amended by section 4503,

17 is amended by adding at the end the following paragraph:

18 ‘‘(3) Paragraph (1) shall not apply to—

19 ‘‘(A) any of the firearms, or replicas or dupli20 cates of the firearms, specified in Appendix A to this

21 section, as such firearms were manufactured on Octo22 ber 1, 1993;

23 ‘‘(B) any firearm that—

24 ‘‘(i) is manually operated by bolt, pump,

25 lever, or slide action;
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1 ‘‘(ii) is an unserviceable firearm; or

2 ‘‘(iii) is an antique firearm;

3 ‘‘(C) any semiautomatic rifle that cannot accept

4 a detachable magazine that holds more than 5 rounds

5 of ammunition; or

6 ‘‘(D) any semiautomatic shotgun that cannot

7 hold more than 5 rounds of ammunition in a fixed

8 or detachable magazine.’’.

9 SEC. 4505. EXEMPTIONS FOR GOVERNMENTAL AND EXPERI10 MENTAL USE.

11 Section 922(s) of title 18, United States Code, as

12 amended by section 4504, is amended by adding the follow13 ing paragraph:

14 ‘‘(4) Paragraph (1) shall not apply to—

15 ‘‘(A) the United States or a department or agen16 cy of the United States or a State or a department,

17 agency, or political subdivision of a State; or

18 ‘‘(B) the manufacture, transfer, or possession of

19 any firearm by a licensed manufacturer or licensed

20 importer for the purposes of testing or experimen21 tation authorized by the Secretary, or for expor22 tation.’’.
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1 SEC. 4506. RECORDKEEPING REQUIREMENTS AND RELATED

2 RESTRICTIONS.

3 (a) OFFENSE.—Section 922 of title 18, United States

4 Code, as amended by section 4505, is amended by adding

5 at the end the following new subsection:

6 ‘‘(t)(1) It shall be unlawful for a person to sell, ship,

7 or deliver an assault weapon to a person who does not fill

8 out a form 4473 in connection with the purchase of the as9 sault weapon.

10 ‘‘(2) It shall be unlawful for a person to purchase, pos11 sess, or accept delivery of an assault weapon unless the per12 son has filled out a form 4473 in connection with the pur13 chase of the assault weapon.

14 ‘‘(3) If a person purchases an assault weapon from

15 anyone other than a licensed dealer, both the purchaser and

16 the seller shall maintain a record of the sale on the seller’s

17 original copy of form 4473.

18 ‘‘(4) An owner of an assault weapon on the effective

19 date of this subsection who requires retention of form 4473

20 under this subsection shall, within 90 days after publication

21 of regulations by the Secretary under paragraph (5), re22 quest a copy of form 4473 from a licensed dealer in accord23 ance with those regulations.

24 ‘‘(5) The Secretary shall, within 90 days after the date

25 of enactment of this subsection, prescribe regulations for the

26 request and delivery of form 4473 under paragraph (4).’’.
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1 (b) PENALTY.—Section 924 of title 18, United States

2 Code, is amended by adding at the end the following new

3 subsection:

4 ‘‘(i) A person who knowingly violates section 922(t)

5 shall be fined not more than $1,000 (in accordance with

6 section 3571(e)), imprisoned not more than 6 months, or

7 both.’’.

8 (c) DISABILITY.—Section 922(g)(1) of title 18, United

9 States Code, is amended by inserting ‘‘or a violation of sec10 tion 922(t)’’ before the semicolon at the end.

11 SEC. 4507. BAN OF LARGE CAPACITY AMMUNITION FEEDING

12 DEVICES.

13 (a) PROHIBITION.—Section 922 of title 18, United

14 States Code, as amended by section 4506, is amended by

15 adding at the end the following new subsection:

16 ‘‘(u)(1) Except as provided in paragraph (2), it shall

17 be unlawful for a person to transfer or possess a large ca18 pacity ammunition feeding device.

19 ‘‘(2) This subsection does not apply to—

20 ‘‘(A) a transfer to or by, or possession by or

21 under the authority of, the United States or any de22 partment or agency of the United States or a State,

23 or a department, agency, or political subdivision of a

24 State;
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1 ‘‘(B) the lawful transfer or lawful possession of

2 a large capacity ammunition feeding device that was

3 lawfully possessed before the effective date of this sub4 section; or

5 ‘‘(C) the transfer or possession of a large capac6 ity ammunition feeding device by a licensed manufac7 turer or licensed importer for the purposes of testing

8 or experimentation authorized by the Secretary.’’.

9 (b) DEFINITION OF LARGE CAPACITY AMMUNITION

10 FEEDING DEVICE.—Section 921(a) of title 18, United

11 States Code, as amended by section 4502(b), is amended

12 by adding at the end the following new paragraph:

13 ‘‘(30) The term ‘large capacity ammunition feeding

14 device’—

15 ‘‘(A) means—

16 ‘‘(i) a magazine, belt, drum, feed strip, or

17 similar device that has a capacity of, or that can

18 be readily restored or converted to accept, more

19 than 10 rounds of ammunition; and

20 ‘‘(ii) any combination of parts from which

21 a device described in clause (i) can be assembled;

22 but

23 ‘‘(B) does not include an attached tubular device

24 designed to accept, and capable of operating only

25 with, .22 caliber rimfire ammunition.’’.
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1 (c) LARGE CAPACITY AMMUNITION FEEDING DEVICES

2 TREATED AS FIREARMS.—Section 921(a)(3) of title 18,

3 United States Code, is amended in the first sentence—

4 (1) by striking ‘‘or (D) any destructive device.’’;

5 and

6 (2) by inserting ‘‘(D) any destructive device; or

7 (E) any large capacity ammunition feeding device.’’.

8 (d) PENALTY.—Section 924(a)(1)(B) of title 18, Unit9 ed States Code, as amended by section 4502(c), is amended

10 by striking ‘‘or (s)’’ and inserting ‘‘(s), or (u)’’.

11 (e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY

12 AMMUNITION FEEDING DEVICES.—Section 923(i) of title

13 18, United States Code, as amended by section 4502(d), is

14 amended by adding at the end the following new sentence:

15 ‘‘A large capacity ammunition feeding device manufactured

16 after the date of enactment of this sentence shall be identi17 fied by a serial number that clearly shows that the device

18 was manufactured or imported after the effective date of

19 this subsection, and such other identification as the Sec20 retary may by regulation prescribe.’’.

21 SEC. 4508. STUDY BY ATTORNEY GENERAL.

22 (a) STUDY.—The Attorney General shall investigate

23 and study the effect of this title and the amendments made

24 by this title, and in particular shall determine their impact,

25 if any, on violent and drug trafficking crime. The study
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1 shall be conducted over a period of 18 months, commencing

2 78 months after the date of enactment of this Act.

3 (b) REPORT.—Not later than 8 years after the date

4 of enactment of this Act, the Attorney General shall prepare

5 and submit to Congress a report setting forth in detail the

6 findings and determinations made in the study under sub7 section (a).

8 SEC. 4509. EFFECTIVE DATE.

9 This title and the amendments made by this title—

10 (1) shall take effect on the date of enactment of

11 this Act; and

12 (2) are repealed effective as of the date that is 10

13 years after that date.

14 SEC. 4510. APPENDIX A TO SECTION 922 OF TITLE 18.

15 Section 922 of title 18, United States code, is amended

16 by adding at the end the following appendix:

‘‘APPENDIX A

Centerfire Rifles—Autoloaders

Browning BAR Mark II Safari Semi-Auto Rifle

Browning BAR Mark II Safari Magnum Rifle

Browning High-Power Rifle

Heckler & Koch Model 300 Rifle

Iver Johnson M–1 Carbine

Iver Johnson 50th Anniversary M–1 Carbine

Marlin Model 9 Camp Carbine

Marlin Model 45 Carbine

Remington Nylon 66 Auto-Loading Rifle

Remington Model 7400 Auto Rifle

Remington Model 7400 Rifle

Remington Model 7400 Special Purpose Auto Rifle

Ruger Mini-14 Autoloading Rifle (w/o folding stock)

Ruger Mini Thirty Rifle
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Centerfire Rifles—Lever & Slide

Browning Model 81 BLR Lever-Action Rifle

Browning Model 81 Long Action BLR

Browning Model 1886 Lever-Action Carbine

Browning Model 1886 High Grade Carbine

Cimarron 1860 Henry Replica

Cimarron 1866 Winchester Replicas

Cimarron 1873 Short Rifle

Cimarron 1873 Sporting Rifle

Cimarron 1873 30′′ Express Rifle

Dixie Engraved 1873 Rifle

E.M.F. 1866 Yellowboy Lever Actions

E.M.F. 1860 Henry Rifle

E.M.F. Model 73 Lever-Action Rifle

Marlin Model 336CS Lever-Action Carbine

Marlin Model 30AS Lever-Action Carbine

Marlin Model 444SS Lever-Action Sporter

Marlin Model 1894S Lever-Action Carbine

Marlin Model 1894CS Carbine

Marlin Model 1894CL Classic

Marlin Model 1895SS Lever-Action Rifle

Mitchell 1858 Henry Replica

Mitchell 1866 Winchester Replica

Mitchell 1873 Winchester Replica

Navy Arms Military Henry Rifle

Navy Arms Henry Trapper

Navy Arms Iron Frame Henry

Navy Arms Henry Carbine

Navy Arms 1866 Yellowboy Rifle

Navy Arms 1873 Winchester-Style Rifle

Navy Arms 1873 Sporting Rifle

Remington 7600 Slide Action

Remington Model 7600 Special Purpose Slide Action

Rossi M92 SRC Saddle-Ring Carbine

Rossi M92 SRS Short Carbine

Savage 99C Lever-Action Rifle

Uberti Henry Rifle

Uberti 1866 Sporting Rilfe

Uberti 1873 Sporting Rifle

Winchester Model 94 Side Eject Lever-Action Rifle

Winchester Model 94 Trapper Side Eject

Winchester Model 94 Big Bore Side Eject

Winchester Model 94 Ranger Side Eject Lever-Action Rifle

Winchester Model 94 Wrangler Side Eject

Centerfire Rifles—Bolt Action

Alpine Bolt-Action Rifle

A-Square Caesar Bolt-Action Rifle

A-Square Hannibal Bolt-Action Rifle

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700D Bavarian Bolt-Action Rifle

Anschutz 1733D Mannlicher Rifle

Barret Model 90 Bolt-Action Rifle
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Beeman/HW 60J Bolt-Action Rifle

Blaser R84 Bolt-Action Rifle

BRNO 537 Sporter Bolt-Action Rifle

BRNO ZKB 527 Fox Bolt-Action Rifle

BRNO ZKK 600, 601, 602 Bolt-Action Rifles

Browning A-Bolt Rifle

Browning A-Bolt Stainless Stalker

Browning A-Bolt Left Hand

Browning A-Bolt Short Action

Browning Euro-Bolt Rifle

Browning A-Bolt Gold Medallion

Browning A-Bolt Micro Medallion

Century Centurion 14 Sporter

Century Enfield Sporter #4

Century Swedish Sporter #38

Century Mauser 98 Sporter

Cooper Model 38 Centerfire Sporter

Dakota 22 Sporter Bolt-Action Rifle

Dakota 76 Classic Bolt-Action Rifle

Dakota 76 Short Action Rifles

Dakota 76 Safari Bolt-Action Rifle

Dakota 416 Rigby African

E.A.A./Sabatti Rover 870 Bolt-Action Rifle

Auguste Francotte Bolt-Action Rifles

Carl Gustaf 2000 Bolt-Action Rifle

Heym Magnum Express Series Rifle

Howa Lightning Bolt-Action Rifle

Howa Realtree Camo Rifle

Interarms Mark X Viscount Bolt-Action Rifle

Interarms Mini-Mark X Rifle

Interarms Mark X Whitworth Bolt-Action Rifle

Interarms Whitworth Express Rifle

Iver Johnson Model 5100A1 Long-Range Rifle

KDF K15 American Bolt-Action Rifle

Krico Model 600 Bolt-Action Rifle

Krico Model 700 Bolt-Action Rifles

Mauser Model 66 Bolt-Action Rifle

Mauser Model 99 Bolt-Action Rifle

McMillan Signature Classic Sporter

McMillan Signature Super Varminter

McMillan Signature Alaskan

McMillan Signature Titanium Mountain Rifle

McMillan Classic Stainless Sporter

McMillan Talon Safari Rifle

McMillan Talon Sporter Rifle

Midland 1500S Survivor Rifle

Navy Arms TU–33/40 Carbine

Parker-Hale Model 81 Classic Rifle

Parker-Hale Model 81 Classic African Rifle

Parker-Hale Model 1000 Rifle

Parker-Hale Model 1100M African Magnum

Parker-Hale Model 1100 Lightweight Rifle

Parker-Hale Model 1200 Super Rifle

Parker-Hale Model 1200 Super Clip Rifle

Parker-Hale Model 1300C Scout Rifle
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Parker-Hale Model 2100 Midland Rifle

Parker-Hale Model 2700 Lightweight Rifle

Parker-Hale Model 2800 Midland Rifle

Remington Model Seven Bolt-Action Rifle

Remington Model Seven Youth Rifle

Remington Model Seven Custom KS

Remington Model Seven Custom MS Rifle

Remington 700 ADL Bolt-Action Rifle

Remington 700 BDL Bolt-Action Rifle

Remington 700 BDL Varmint Special

Remington 700 BDL European Bolt-Action Rifle

Remington 700 Varmint Synthetic Rifle

Remington 700 BDL SS Rifle

Remington 700 Stainless Synthetic Rifle

Remington 700 MTRSS Rifle

Remington 700 BDL Left Hand

Remington 700 Camo Synthetic Rifle

Remington 700 Safari

Remington 700 Mountain Rifle

Remington 700 Custom KS Mountain Rifle

Remington 700 Classic Rifle

Ruger M77 Mark II Rifle

Ruger M77 Mark II Magnum Rifle

Ruger M77RL Ultra Light

Ruger M77 Mark II All-Weather Stainless Rifle

Ruger M77 RSI International Carbine

Ruger M77 Mark II Express Rifle

Ruger M77VT Target Rifle

Sako Hunter Rifle

Sako Fiberclass Sporter

Sako Safari Grade Bolt Action

Sako Hunter Left-Hand Rifle

Sako Classic Bolt Action

Sake Hunter LS Rifle

Sako Deluxe Lightweight

Sako Super Deluxe Sporter

Sako Mannlicher-Style Carbine

Sako Varmint Heavy Barrel

Sako TRG–S Bolt-Action Rifle

Sauer 90 Bolt-Action Rifle

Savage 110G Bolt-Action Rifle

Savage 110CY Youth/Ladies Rifle

Savage 110WLE One of One Thousand Limited Edition Rifle

Savage 110GXP3 Bolt-Action Rifle

Savage 110F Bolt-Action Rifle

Savage 110FXP3 Bolt-Action Rifle

Savage 110GV Varmint Rifle

Savage 112FV Varmint Rifle

Savage Model 112FVS Varmint Rifle

Savage Model 112BV Heavy Barrel Varmint Rifle

Savage 116FSS Bolt-Action Rifle

Savage model 116FSK Kodiak Rifle

Savage 110FP Police Rifle

Steyr-Mannlicher Sporter Models SL, L, M, S, S/T

Steyr-Mannlicher Luxus Model L, M, S
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Steyr-Mannlicher Model M Professional Rifle

Tikka Bolt-Action Rifle

Tikka Premium Grade Rifles

Tikka Varmint/Continental Rifle

Tikka Whitetail/Battue Rifle

Ultra Light Arms Model 20 Rifle

Ultra Light Arms Model 28, Model 40 Rifles

Voere VEC 91 Lightning Bolt-Action Rifle

Voere Model 2165 Bolt-Action Rifle

Voere Model 2155, 2150 Bolt-Action Rifles

Weatherby Mark V Deluxe Bolt-Action Rifle

Weatherby Lasermark V Rifle

Weatherby Mark V Crown Custom Rifles

Weatherby Mark V Sporter Rifle

Weatherby Mark V Safari Grade Custom Rifles

Weatherby Weathermark Rifle

Weatherby Weathermark Alaskan Rifle

Weatherby Classicmark No. 1 Rifle

Weatherby Weatherguard Alaskan Rifle

Weatherby Vanguard VGX Deluxe Rifle

Weatherby Vanguard Classic Rifle

Weatherby Vanguard Classic No. 1 Rifle

Weatherby Vanguard Weatherguard Rifle

Wichita Classic Rifle

Wichita Varmint Rifle

Winchester Model 70 Sporter

Winchester Model 70 Sporter WinTuff

Winchester Model 70 SM Sporter

Winchester Model 70 Stainless Rifle

Winchester Model 70 Varmint

Winchester Model 70 Synthetic Heavy Varmint Rifle

Winchester Model 70 DBM Rifle

Winchester Model 70 DBM–S Rifle

Winchester Model 70 Featherweight

Winchester Model 70 Featherweight WinTuff

Winchester Model 70 Featherweight Classic

Winchester Model 70 Lightweight Rifle

Winchester Ranger Rifle

Winchester Model 70 Super Express Magnum

Winchester Model 70 Super Grade

Winchester Model 70 Custom Sharpshooter

Winchester Model 70 Custom Sporting Sharpshooter Rifle

Centerfire Rifles—Single Shot

Armsport 1866 Sharps Rifle, Carbine

Brown Model One Single Shot Rifle

Browning Model 1885 Single Shot Rifle

Dakota Single Shot Rifle

Desert Industries G–90 Single Shot Rifle

Harrington & Richardson Ultra Varmint Rifle

Model 1885 High Wall Rifle

Navy Arms Rolling Block Buffalo Rifle

Navy Arms #2 Creedmoor Rifle

Navy Arms Sharps Cavalry Carbine
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Navy Arms Sharps Plains Rifle

New England Firearms Handi-Rifle

Red Willow Armory Ballard No. 5 Pacific

Red Willow Armory Ballard No. 1.5 Hunting Rifle

Red Willow Armory Ballard No. 8 Union Hill Rifle

Red Willow Armory Ballard No. 4.5 Target Rifle

Remington-Style Rolling Block Carbine

Ruger No. 1B Single Shot

Ruger No. 1A Light Sporter

Ruger No. 1H Tropical Rifle

Ruger No. 1S Medium Sporter

Ruger No. 1 RSI International

Ruger No. 1V Special Varminter

C. Sharps Arms New Model 1874 Old Reliable

C. Sharps Arms New Model 1875 Rifle

C. Sharps Arms 1875 Classic Sharps

C. Sharps Arms New Model 1875 Target & Long Range

Shiloh Sharps 1874 Long Range Express

Shiloh Sharps 1874 Montana Roughrider

Shiloh Sharps 1874 Military Carbine

Shiloh Sharps 1874 Business Rifle

Shiloh Sharps 1874 Military Rifle

Sharps 1874 Old Reliable

Thompson/Center Contender Carbine

Thompson/Center Stainless Contender Carbine

Thompson/Center Contender Carbine Survival System

Thompson/Center Contender Carbine Youth Model

Thompson/Center TCR ’87 Single Shot Rifle

Uberti Rolling Block Baby Carbine

Drillings, Combination Guns, Double Rifles

Baretta Express SSO O/U Double Rifles

Baretta Model 455 SxS Express Rifle

Chapuis RGExpress Double Rifle

Auguste Francotte Sidelock Double Rifles

Auguste Francotte Boxlock Double Rifle

Heym Model 55B O/U Double Rifle

Heym Model 55FW O/U Combo Gun

Heym Model 88b Side-by-Side Double Rifle

Kodiak Mk. IV Double Rifle

Kreighoff Teck O/U Combination Gun

Kreighoff Trumpf Drilling

Merkel Over/Under Combination Guns

Merkel Drillings

Merkel Model 160 Side-by-Side Double Rifles

Merkel Over/Under Double Rifles

Savage 24F O/U Combination Gun

Savage 24F–12T Turkey Gun

Springfield Inc. M6 Scout Rifle/Shotgun

Tikka Model 412s Combination Gun

Tikka Model 412S Double Fire

A. Zoli Rifle-Shotgun O/U Combo
762

HR 3355 EAS

Rimfire Rifles—Autoloaders

AMT Lightning 25/22 Rifle

AMT Lightning Small-Game Hunting Rifle II

AMT Magnum Hunter Auto Rifle

Anschutz 525 Deluxe Auto

Armscor Model 20P Auto Rifle

Browning Auto-22 Rifle

Browning Auto-22 Grade VI

Krico Model 260 Auto Rifle

Lakefield Arms Model 64B Auto Rifle

Marlin Model 60 Self-Loading Rifle

Marlin Model 60ss Self-Loading Rifle

Marlin Model 70 HC Auto

Marlin Model 990l Self-Loading Rifle

Marlin Model 70P Papoose

Marlin Model 922 Magnum Self-Loading Rifle

Marlin Model 995 Self-Loading Rifle

Norinco Model 22 ATD Rifle

Remington Model 522 Viper Autoloading Rifle

Remington 552BDL Speedmaster Rifle

Ruger 10/22 Autoloading Carbine (w/o folding stock)

Survival Arms AR–7 Explorer Rifle

Texas Remington Revolving Carbine

Voere Model 2115 Auto Rifle

Rimfire Rifles—Lever & Slide Action

Browning BL–22 Lever-Action Rifle

Marlin 39TDS Carbine

Marlin Model 39AS Golden Lever-Action Rifle

Remington 572BDL Fieldmaster Pump Rifle

Norinco EM–321 Pump Rifle

Rossi Model 62 SA Pump Rifle

Rossi Model 62 SAC Carbine

Winchester Model 9422 Lever-Action Rifle

Winchester Model 9422 Magnum Lever-Action Rifle

Rimfire Rifles—Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle

Anschutz 1416D/1516D Classic Rifles

Anschutz 1418D/1518D Mannlicher rifles

Anschutz 1700D Classic Rifles

Anschutz 1700D Custom Rifles

Anschutz 1700 FWT Bolt-Action Rifle

Anschutz 1700D Graphite Custom Rifle

Anschutz 1700D Bavarian Bolt-Action Rifle

Armscor Model 14P Bolt-Action Rifle

Armscor Model 1500 Rifle

BRNO ZKM–452 Deluxe Bolt-Action Rifle

BRNO ZKM 452 Deluxe

Beeman/HW 60–J–ST Bolt-Action Rifle

Browning A-Bolt 22 Bolt-Action Rifle

Browning A-Bolt Gold Medallion

Cabanas Phaser Rifle
763

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Cabanas Master Bolt-Action Rifle

Cabanas Espronceda IV Bolt-Action Rifle

Cabanas Leyre Bolt-Action Rifle

Chipmunk Single Shot Rifle

Cooper Arms Model 36S Sporter Rifle

Dakota 22 Sporter Bolt-Action Rifle

Krico Model 300 Bolt-Action Rifles

Lakefield Arms Mark II Bolt-Action Rifle

Lakefield Arms Mark I Bolt-Action Rifle

Magtech Model MT–22C Bolt-Action Rifle

Marlin Model 880 Bolt-Action Rifle

Marlin Model 881 Bolt-Action Rifle

Marlin Model 882 Bolt-Action Rifle

Marlin Model 883 Bolt-Action Rifle

Marlin Model 883SS Bolt-Action Rifle

Marlin Model 25MN Bolt-Action Rifle

Marlin Model 25N Bolt-Action Repeater

Marlin Model 15YN ‘‘Little Buckaroo’’

Mauser Model 107 Bolt-Action Rifle

Mauser Model 201 Bolt-Action Rifle

Navy Arms TU–KKW Training Rifle

Navy Arms TU–33/40 Carbine

Navy Arms TU–KKW Sniper Trainer

Norinco JW–27 Bolt-Action Rifle

Norinco JW–15 Bolt-Action Rifle

Remington 541–T

Remington 40–XR Rimfire Custom sporter

Remington 541–T HB Bolt-Action Rifle

Remington 581–S Sportsman Rifle

Ruger 77/22 Rimfire Bolt-Action Rifle

Ruger K77/22 Varmint Rifle

Ultra Light arms Model 20 RF Bolt-Action Rifle

Winchester Model 52B Sporting Rifle

Competition Rifles—Centerfire & Rimfire

Anschutz 64–MS Left Silhouette

Anschutz 1808D RT Super Match 54 Target

Anschutz 1827B Biathlon Rifle

Anschutz 1903D Match Rifle

Anschutz 1803D Itermediate Match

Anschutz 1911 Match Rifle

Anschutz 54.18MS REP Deluxe Silhouette Rifle

Anschutz 1913 Super Match Rifle

Anschutz 1907 Match Rifle

Anschutz 1910 Super Match II

Anschutz 54.18MS Silhouette Rifle

Anschutz Super Match 54 Target Model 2013

Anschutz Super Match 54 Target Model 2007

Beeman/Feinwerkbau 2600 Target Rifle

Cooper Arms Model TRP–1 ISU Standard Rifle

E.A.A./Weihrauch HW 60 Target Rifle

E.A.A./HW 660 Match Rifle

Finnish Lion Standard Target Rifle

Krico Model 360 S2 Biathlon Rifle
764

HR 3355 EAS

Krico Model 400 Match Rifle

Krico Model 360S Biathlon Rifle

Krico Model 500 Kricotronic Match Rifle

Krico Model 600 Sniper Rifle

Krico Model 600 Match Rifle

Lakefield Arms Model 90B Target Rifle

Lakefield Arms Model 91T Target Rifle

Lakefield Arms Model 92S Silhouette Rifle

Marlin Model 2000 Target Rifle

Mauser Model 86–SR Specialty Rifle

McMillan M–86 Sniper Rifle

McMillan Combo M–87/M–88 50-Caliber Rifle

McMillan 300 Phoenix Long Range Rifle

McMillan M–89 Sniper Rifle

McMillan National Match Rifle

McMillan Long Range Rifle

Parker-Hale M–87 Target Rifle

Parker-Hale M–85 Sniper Rifle

Remington 40–XB Rangemaster Target Centerfire

Remington 40–XR KS Rimfire Position Rifle

Remington 40–XBBR KS

Remington 40–XC KS National Match Course Rifle

Sako TRG–21 Bolt-Action Rifle

Steyr-Mannlicher Match SPG–UIT Rifle

Steyr-Mannlicher SSG P–I Rifle

Steyr-Mannlicher SSG P–III Rifle

Steyr-Mannlicher SSG P–IV Rifle

Tanner Standard UIT Rifle

Tanner 50 Meter Free Rifle

Tanner 300 Meter Free Rifle

Wichita Silhouette Rifle

Shotguns—Autoloaders

American Arms/Franchi Black Magic 48/AL

Benelli Super Black Eagle Shotgun

Benelli Super Black Eagle Slug Gun

Benelli M1 Super 90 Field Auto Shotgun

Benelli Montefeltro Super 90 20-Gauge Shotgun

Benelli Montefeltro Super 90 Shotgun

Benelli M1 Sporting Special Auto Shotgun

Benelli Black Eagle Competition Auto Shotgun

Beretta A–303 Auto Shotgun

Beretta 390 Field Auto Shotgun

Beretta 390 Super Trap, Super Skeet Shotguns

Beretta Vittoria Auto Shotgun

Beretta Model 1201F Auto Shotgun

Browning BSA 10 Auto Shotgun

Browning Bsa 10 Stalker Auto Shotgun

Browning A–500R Auto Shotgun

Browning A–500G Auto Shotgun

Browning A–500G Sporting Clays

Browning Auto-5 Light 12 and 20

Browning Auto-5 Stalker

Browning Auto-5 Magnum 20
765

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Browning Auto-5 Magnum 12

Churchill Turkey Automatic Shotgun

Cosmi Automatic Shotgun

Maverick Model 60 Auto Shotgun

Mossberg Model 5500 Shotgun

Mossberg Model 9200 Regal Semi-Auto Shotgun

Mossberg Model 9200 USST Auto Shotgun

Mossberg Model 9200 Camo Shotgun

Mossberg Model 6000 Auto Shotgun

Remington Model 1100 Shotgun

Remington 11–87 Premier shotgun

Remington 11–87 Sporting Clays

Remington 11–87 Premier Skeet

Remington 11–87 Premier Trap

Remington 11–87 Special Purpose Magnum

Remington 11–87 SPS–T Camo Auto Shotgun

Remington 11–87 Special Purpose Deer Gun

Remington 11–87 SPS–BG-Camo Deer/Turkey Shotgun

Remington 11–87 SPS-Deer Shotgun

Remington 11–87 Special Purpose Synthetic Camo

Remington SP–10 Magnum-Camo Auto Shotgun

Remington SP–10 Magnum Auto Shotgun

Remington SP–10 Magnum Turkey Combo

Remington 1100 LT–20 Auto

Remington 1100 Special Field

Remington 1100 20-Gauge Deer Gun

Remington 1100 LT–20 Tournament Skeet

Winchester Model 1400 Semi-Auto Shotgun

Shotguns—Slide Actions

Browning Model 42 Pump Shotgun

Browning BPS Pump Shotgun

Browning BPS Stalker Pump Shotgun

Browning BPS Pigeon Grade Pump Shotgun

Browning BPS pump Shotgun (Ladies and Youth Model)

Browning BPS Game Gun Turkey Special

Browning BPS Game Gun Deer Special

Ithaca Model 87 Supreme Pump Shotgun

Ithaca Model 87 Deerslayer Shotgun

Ithaca Deerslayer II Rifled Shotgun

Ithaca Model 87 Turkey Gun

Ithaca Model 87 Deluxe Pump Shotgun

Magtech Model 586–VR Pump Shotgun

Maverick Models 88, 91 Pump Shotguns

Mossberg Model 500 Sporting Pump

Mossberg Model 500 Camo Pump

Mossberg Model 500 Muzzleloader Combo

Mossberg Model 500 Trophy Slugster

Mossberg Turkey Model 500 Pump

Mossberg Model 500 Bantam Pump

Mossberg Field Grade Model 835 Pump Shotgun

Mossberg Model 835 Regal Ulti-Mag Pump

Remington 870 Wingmaster

Remington 870 Special Purpose Deer Gun
766

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Remington 870 SPS–BG-Camo Deer/Turkey Shotgun

Remington 870 SPS-Deer Shotgun

Remington 870 Marine Magnum

Remington 870 TC Trap

Remington 870 Special Purpose Synthetic Camo

Remington 870 Wingmaster Small Gauges

Remington 870 Express Rifle Sighted Deer Gun

Remington 879 SPS Special Purpose Magnum

Remington 870 SPS–T Camo Pump Shotgun

Remington 870 Special Field

Remington 870 Express Turkey

Remington 870 High Grades

Remington 870 Express

Remington Model 870 Express Youth Gun

Winchester Model 12 Pump Shotgun

Winchester Model 42 High Grade Shotgun

Winchester Model 1300 Walnut Pump

Winchester Model 1300 Slug Hunter Deer Gun

Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun

Winchester Model 1300 Turkey Gun

Winchester Model 1300 Ranger Pump Gun

Shotguns—Over/Unders

American Arms/Franchi Falconet 2000 O/U

American Arms Silver I O/U

American Arms Silver II Shotgun

American Arms Silver Skeet O/U

American Arms/Franchi Sporting 2000 O/U

American Arms Silver Sporting O/U

American Arms Silver Trap O/U

American Arms WS/OU 12, TS/OU 12 Shotguns

American Arms WT/OU 10 Shotgun

Armsport 2700 O/U Goose Gun

Armsport 2700 Series O/U

Armsport 2900 Tri-Barrel Shotgun

Baby Bretton Over/Under Shotgun

Beretta Model 686 Ultralight O/U

Beretta ASE 90 Competition O/U Shotgun

Beretta Over/Under Field Shotguns

Beretta Onyx Hunter Sport O/U Shotgun

Beretta Model SO5, SO6, SO9 Shotguns

Beretta Sporting Clay Shotguns

Beretta 687EL Sporting O/U

Beretta 682 Super Sporting O/U

Beretta Series 682 Competition Over/Unders

Browning Citori O/U Shotgun

Browning Superlight Citori Over/Under

Browning Lightning Sporting Clays

Browning Micro Citori Lightning

Browning Citori Plus Trap Combo

Browning Citori Plus Trap Gun

Browning Citori O/U Skeet Models

Browning Citori O/U Trap Models

Browning Special Sporting Clays
767

HR 3355 EAS

Browning Citori GTI Sporting Clays

Browning 325 Sporting Clays

Centurion Over/Under Shotgun

Chapuis Over/Under Shotgun

Connecticut Valley Classics Classic Sporter O/U

Connecticut Valley Classics Classic Field Waterfowler

Charles Daly Field Grade O/U

Charles Daly Lux Over/Under

E.A.A./Sabatti Sporting Clays Pro-Gold O/U

E.A.A/Sabatti Falcon-Mon Over/Under

Kassnar Grade I O/U Shotgun

Krieghoff K–80 Sporting Clays O/U

Krieghoff K–80 Skeet Shotgun

Krieghoff K–80 International Skeet

Krieghoff K–80 Four-Barrel Skeet Set

Krieghoff K–80/RT Shotguns

Krieghoff K–80 O/U Trap Shotgun

Laurona Silhouette 300 Sporting Clays

Laurona Silhouette 300 Trap

Laurona Super Model Over/Unders

Ljutic LM–6 Deluxe O/U Shotgun

Marocchi Conquista Over/Under Shotgun

Marocchi Avanza O/U Shotgun

Merkel Model 200E O/U Shotgun

Merkel Model 200E Skeet, Trap Over/Unders

Merkel Model 203E, 303E Over/Under Shotguns

Perazzi Mirage Special Sporting O/U

Perazzi Mirage Special Four-Gauge Skeet

Perazzi Sporting Classic O/U

Perazzi MX7 Over/Under Shotguns

Perazzi Mirage Special Skeet Over/Under

Perazzi MX8/MX8 Special Trap, Skeet

Perazzi MX8/20 Over/Under Shotgun

Perazzi MX9 Single Over/Under Shotguns

Perazzi MX12 Hunting Over/Under

Perazzi MX28, MX410 Game O/U Shotguns

Perazzi MX20 Hunting Over/Under

Piotti Boss Over/Under Shotgun

Remington Peerless Over/Under Shotgun

Ruger Red Label O/U Shotgun

Ruger Sporting Clays O/U Shotgun

San Marco 12-Ga. Wildflower Shotgun

San Marco Field Special O/U Shotgun

San Marco 10-Ga. O/U Shotgun

SKB Model 505 Deluxe Over/Under Shotgun

SKB Model 685 Over/Under Shotgun

SKB Model 885 Over/Under Trap, Skeet, Sporting Clays

Stoeger/IGA Condor I O/U Shotgun

Stoeger/IGA ERA 2000 Over/Under Shotgun

Techni-Mec Model 610 Over/Under

Tikka Model 412S Field Grade Over/Under

Weatherby Athena Grade IV O/U Shotguns

Weatherby Athena Grade V Classic Field O/U

Weatherby Orion O/U Shotguns

Weatherby II, III Classic Field O/Us
768

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Weatherby Orion II Classic Sporting Clays O/U

Weatherby Orion II Sporting Clays O/U

Winchester Model 1001 O/U Shotgun

Winchester Model 1001 Sporting Clays O/U

Pietro Zanoletti Model 2000 Field O/U

Shotguns—Side by Sides

American Arms Brittany Shotgun

American Arms Gentry Double Shotgun

American Arms Derby Side-by-Side

American Arms Grulla #2 Double Shotgun

American Arms WS/SS 10

American Arms TS/SS 10 Double Shotgun

American Arms TS/SS 12 Side-by-Side

Arrieta Sidelock Double Shotguns

Armsport 1050 Series Double Shotguns

Arizaga Model 31 Double Shotgun

AYA Boxlock Shotguns

AYA Sidelock Double Shotguns

Beretta Model 452 Sidelock Shotgun

Beretta Side-by-Side Field Shotguns

Crucelegui Hermanos Model 150 Double

Chapuis Side-by-Side Shotgun

E.A.A./Sabatti Saba-Mon Double Shotgun

Charles Daly Model Dss Double

Ferlib Model F VII Double Shotgun

Auguste Francotte Boxlock Shotgun

Auguste Francotte Sidelock Shotgun

Garbi Model 100 Double

Garbi Model 101 Side-by-Side

Garbi Model 103A, B Side-by-Side

Garbi Model 200 Side-by-Side

Bill Hanus Birdgun Doubles

Hatfield Uplander Shotgun

Merkell Model 8, 47E Side-by-Side Shotguns

Merkel Model 47LSC Sporting Clays Double

Merkel Model 47S, 147S Side-by-Sides

Parker Reproductions Side-by-Side

Piotti King No. 1 Side-by-Side

Piotti Lunik Side-by-Side

Piotti King Extra Side-by-Side

Piotti Piuma Side-by-Side

Precision Sports Model 600 Series Doubles

Rizzini Boxlock Side-by-Side

Rizzini Sidelock Side-by-Side

Stoeger/IGA Uplander Side-by-Side Shotgun

Ugartechea 10-Ga. Magnum Shotgun

Shotguns—Bolt Actions & Single Shots

Armsport Single Barrel Shotgun

Browning BT–99 Competition Trap Special

Browning BT–99 Plus Trap Gun

Browning BT–99 Plus Micro

Browning Recoilless Trap Shotgun
769

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Browning Micro Recoilless Trap Shotgun

Desert Industries Big Twenty Shotgun

Harrington & Richardson Topper Model 098

Harrington & Richardson Topper Classic Youth Shotgun

Harrington & Richardson N.W.T.F. Turkey Mag

Harrington & Richardson Topper Deluxe Model 098

Krieghoff KS–5 Trap Gun

Krieghoff KS–5 Special

Krieghoff K–80 Single Barrel Trap Gun

Ljutic Mono Gun Single Barrel

Ljutic LTX Super Deluxe Mono Gun

Ljutic Recoilless Space Gun Shotgun

Marlin Model 55 Goose Gun Bolt Action

New England Firearms Turkey and Goose Gun

New England Firearms N.W.T.F. Shotgun

New England Firearms Tracker Slug Gun

New England Firearms Standard Pardner

New England Firearms Survival Gun

Perazzi TM1 Special Single Trap

Remington 90–T Super Single Shotgun

Snake Charmer II Shotgun

Stoeger/IGA Reuna Single Barrel Shotgun

Thompson/Center TCR ’87 Hunter Shotgun.’’.

1 TITLE XLVI—RECREATIONAL

2 HUNTING SAFETY

3 SEC. 4601. SHORT TITLE.

4 This title may be cited as the ‘‘Recreational Hunting

5 Safety and Preservation Act of 1993’’.

6 SEC. 4602. FINDINGS.

7 Congress finds that—

8 (1) recreational hunting, when carried out pur9 suant to law (as implemented by the regulations of

10 Federal and State wildlife management agencies) is a

11 necessary and beneficial element in the proper con12 servation and management of healthy, abundant, and

13 biologically diverse wildlife resources;
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1 (2) recreational hunters (because of a generally

2 demonstrated concern with the conservation of wildlife

3 resources and preservation of habitat necessary for the

4 breeding and maintenance of healthy wildlife popu5 lations, and through a familiarity with the resources

6 gained from experience in the field) are a valuable

7 asset in ensuring enlightened public input into deci8 sions regarding management and maintenance pro9 grams for wildlife resources and habitat;

10 (3)(A) recreational hunting supports industries

11 highly significant to the national economy through

12 sales in interstate commerce of sporting goods; and

13 (B) the Federal excise taxes imposed on the sales

14 provide a major source of funding for vital programs

15 of wildlife conservation and management;

16 (4) various persons are engaging in (and have

17 announced an intent to continue to engage in) a vari18 ety of disruptive activities with the premeditated pur19 pose of preventing and interfering with the conduct of

20 lawful recreational hunting on Federal lands, which

21 activities—

22 (A) place both recreational hunters and the

23 disruptive persons in imminent jeopardy of

24 grave physical injury or death;
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1 (B) disrupt the peaceful, lawful, and pru2 dent conduct of wildlife population and habitat

3 management programs by Federal and State

4 wildlife management agencies; and

5 (C) ultimately may alter the planned pro6 gram objectives, resulting in—

7 (i) undesirable patterns of activity

8 within populations of wildlife;

9 (ii) the endangerment of the future via10 bility of wildlife species; and

11 (iii) damage to habitat values;

12 (5) Federal lands comprise important wildlife

13 habitat resources that—

14 (A) support many large, diverse, and vital

15 populations of wildlife; and

16 (B) offer significant opportunities for legal

17 recreational hunting as an important manage18 ment tool to ensure the future viability of the

19 wildlife populations;

20 (6) it is the right of citizens of the United States

21 freely to enjoy lawful recreational hunting on Federal

22 lands in accordance with regulations promulgated by

23 Federal and State wildlife management agencies; and
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1 (7) in many instances under current law, vague2 ness and ambiguity exist regarding the application of

3 State laws and enforcement activities relating to—

4 (A) the safety of hunters; and

5 (B) the legal rights of recreational hunters

6 to participate peacefully in lawful hunts on Fed7 eral lands.

8 SEC. 4603. DEFINITIONS.

9 As used in this title:

10 (1) FEDERAL LANDS.—The term ‘‘Federal lands’’

11 means—

12 (A) national forests;

13 (B) public lands;

14 (C) national parks; and

15 (D) wildlife refuges.

16 (2) LAWFUL HUNT.—The term ‘‘lawful hunt’’

17 means an occasion when an individual is engaged in

18 the taking or harvesting (or attempted taking or har19 vesting) through a legal means and during a specified

20 legal season of a wildlife or fish, on Federal lands,

21 which activity—

22 (A)(i) is authorized by or licensed under the

23 law of the State in which it takes place; or

24 (ii) is regulated by game or fishing seasons

25 established by the State in which it takes place;
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1 (B) is not prohibited by a law of the United

2 States; and

3 (C) does not infringe upon a right of an

4 owner of private property.

5 (3) NATIONAL FOREST.—The term ‘‘national for6 est’’ means lands included in the National Forest

7 System (as defined in section 11(a) of the Forest and

8 Rangeland Renewable Resources Planning Act of

9 1974 (16 U.S.C. 1609(a))).

10 (4) NATIONAL PARK.—The term ‘‘national park’’

11 means lands and waters included in the national

12 park system (as defined in section 2(a) of the Act en13 titled ‘‘An Act to facilitate the management of the Na14 tional Park System and miscellaneous areas adminis15 tered in connection with that system, and for other

16 purposes’’, approved August 8, 1953 (16 U.S.C.

17 1c(a))).

18 (5) PUBLIC LANDS.—The term ‘‘public lands’’

19 has the same meaning as is provided in section 103(e)

20 of the Federal Land Policy and Management Act of

21 1976 (43 U.S.C. 1702(e)).

22 (6) SECRETARY.—The term ‘‘Secretary’’

23 means—

24 (A) the Secretary of Agriculture with re25 spect to national forests; and
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1 (B) the Secretary of the Interior with re2 spect to—

3 (i) public lands;

4 (ii) national parks; and

5 (iii) wildlife refuges.

6 (7) WILDLIFE REFUGE.—The term ‘‘wildlife ref7 uge’’ means lands and waters included in the Na8 tional Wildlife Refuge System (as established by sec9 tion 4 of the National Wildlife Refuge System Admin10 istration Act of 1966 (16 U.S.C. 668dd)).

11 SEC. 4604. OBSTRUCTION OF A LAWFUL HUNT.

12 (a) VIOLATION.—It is unlawful for a person knowingly

13 and with the intent of obstructing, impeding, or interfering

14 with a lawful hunt by an individual to—

15 (1) obstruct, impede, or otherwise interfere with

16 a lawful hunt by an individual;

17 (2) engage in activities that prevent or impede

18 the reasonable and usual means of access by those in19 dividuals who intend to participate in a lawful hunt,

20 whether the activities occur on Federal lands or upon

21 a public or private road, highway, path, trail, or

22 other normal route of access to Federal lands;

23 (3) take or abuse property, equipment, or hunt24 ing dogs being used in conjunction with a lawful

25 hunt; or
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1 (4) enter onto Federal lands or travel in inter2 state commerce to further—

3 (A) a scheme or effort to obstruct, impede,

4 or otherwise interfere with a lawful hunt; or

5 (B) the efforts of another person to obstruct,

6 impede, or interfere with a lawful hunt.

7 (b) MULTIPLE VIOLATIONS.—The Secretary may con8 sider participation by a person in more than one of the

9 activities described in this section to constitute multiple vio10 lations.

11 SEC. 4605. CIVIL PENALTIES.

12 (a) IN GENERAL.—A person who engages in an activ13 ity described in section 4604 shall be assessed a civil pen14 alty of not less than $500, and not more than $5,000, for

15 each violation.

16 (b) VIOLATION INVOLVING FORCE OR VIOLENCE.—

17 Upon a determination by a court that the activity involved

18 the use of force or violence, or the threatened use of force

19 or violence, against the person or property of another per20 son, a person who engages in an activity described in sec21 tion 4604 shall be assessed a civil penalty of not less than

22 $1,000, and not more than $10,000, for each violation.

23 (c) RELATIONSHIP TO OTHER PENALTIES.—The pen24 alties established by this section shall be in addition to other

25 criminal or civil penalties that may be levied against the
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1 person as a result of an activity in violation of section

2 4604.

3 (d) PROCEDURE.—

4 (1) COMPLAINTS FROM GOVERNMENT AGENTS.—

5 Upon receipt of a written complaint from an officer,

6 employee, or agent of the Forest Service, Bureau of

7 Land Management, National Park Service, United

8 States Fish and Wildlife Service, or other Federal

9 agency that a person violated section 4604, the Sec10 retary shall—

11 (A) forward the complaint to the United

12 States Attorney for the Federal judicial district

13 in which the violation is alleged to have oc14 curred; and

15 (B) request the Attorney General of the

16 United States to institute a civil action for the

17 imposition and collection of the civil penalty

18 specified in subsection (a) or (b).

19 (2) COMPLAINTS FROM INDIVIDUALS.—Upon re20 ceipt of a sworn affidavit from an individual and a

21 determination by the Secretary that the statement

22 contains sufficient factual data to create a reasonable

23 belief that a violation of section 4604 has occurred,

24 the Secretary shall—
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1 (A) forward a complaint to the United

2 States Attorney for the Federal judicial district

3 in which the violation is alleged to have oc4 curred; and

5 (B) request the Attorney General of the

6 United States to institute a civil action for the

7 imposition and collection of the civil penalty

8 specified in subsection (a) or (b).

9 (e) USE OF PENALTY MONEY COLLECTED.—After de10 duction of costs attributable to collection, money collected

11 from penalties shall be—

12 (1) deposited into the trust fund established pur13 suant to the Act entitled ‘‘An Act to provide that the

14 United States shall aid the States in wildlife-restora15 tion projects, and for other purposes’’, approved Sep16 tember 2, 1937 (16 U.S.C. 669) (commonly known as

17 the ‘‘Pitman-Robertson Wildlife Restoration Act’’), to

18 support the activities authorized by such Act and un19 dertaken by State wildlife management agencies; or

20 (2) used in such other manner as the Secretary

21 determines will enhance the funding and implementa22 tion of—

23 (A) the North American Waterfowl Manage24 ment Plan signed by the Secretary of the Inte-
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1 rior and the Minister of Environment for Can2 ada in May 1986; or

3 (B) a similar program that the Secretary

4 determines will enhance wildlife management—

5 (i) on Federal lands; or

6 (ii) on private or State-owned lands

7 when the efforts will also provide a benefit

8 to wildlife management objectives on Fed9 eral lands.

10 SEC. 4606. OTHER RELIEF.

11 (a) INJUNCTIVE RELIEF.—Injunctive relief against a

12 violation of section 4604 may be sought by—

13 (1) the head of a State agency with jurisdiction

14 over fish or wildlife management;

15 (2) the Attorney General of the United States; or

16 (3) any person who is or would be adversely af17 fected by the violation, or a hunting or sportsman’s

18 organization to which the person belongs.

19 (b) DAMAGES AND ATTORNEY’S FEES.—Any person

20 who is or would be adversely affected by a violation of sec21 tion 4604, or a hunting or sportsman’s organization to

22 which the person belongs, may bring a civil action to re23 cover—

24 (1) actual and punitive damages; and

25 (2) reasonable attorney’s fees.
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1 SEC. 4607. RELATIONSHIP TO STATE AND LOCAL LAW AND

2 CIVIL ACTIONS.

3 (a) LAW OR ORDINANCE.—This title is not intended

4 to preempt a State law or local ordinance that provides

5 for civil or criminal penalties for a person who obstructs

6 or otherwise interferes with a lawful hunt.

7 (b) CIVIL ACTION.—The bringing of an action pursu8 ant to this title shall not prevent an independent action

9 against a person under a State law or local ordinance.

10 SEC. 4608. REGULATIONS.

11 The Secretary may issue such regulations as are nec12 essary to carry out this title.

13 TITLE XLVII—Correctional Job

14 Training and Placement

15 SEC. 4701. SHORT TITLE.

16 This title may be cited as the ‘‘Office of Correctional

17 Job Training and Placement Act of 1993’’.

18 SEC. 4702. CORRECTIONAL JOB TRAINING AND PLACEMENT.

19 (a) FINDINGS.—Congress finds that—

20 (1) job training and placement are important to,

21 and make a significant contribution to, the readjust22 ment to society of incarcerated persons and ex-offend23 ers; and

24 (2) there is a growing need for immediate action

25 by the Federal Government to assist State and local

26 job training programs, and job placement programs,
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1 that provide services to incarcerated persons or ex-of2 fenders.

3 (b) PURPOSE.—It is the purpose of this section to en4 courage and support job training programs, and job place5 ment programs, that provide services to incarcerated per6 sons or ex-offenders.

7 (c) DEFINITIONS.—As used in this section:

8 (1) CORRECTIONAL INSTITUTION.—The term

9 ‘‘correctional institution’’ means any prison, jail, re10 formatory, work farm, detention center, or halfway

11 house, or any other similar institution designed for

12 the confinement or rehabilitation of criminal offend13 ers.

14 (2) CORRECTIONAL JOB TRAINING OR PLACE15 MENT PROGRAM.—The term ‘‘correctional job training

16 or placement program’’ means an activity that pro17 vides job training or job placement services to incar18 cerated persons or ex-offenders, or that assists incar19 cerated persons or ex-offenders in obtaining such serv20 ices.

21 (3) EX-OFFENDER.—The term ‘‘ex-offender’’

22 means any individual who has been sentenced to a

23 term of probation by a Federal or State court, or who

24 has been released from a Federal, State, or local cor25 rectional institution.
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1 (4) INCARCERATED PERSON.—The term ‘‘incar2 cerated person’’ means any individual incarcerated in

3 a Federal or State correctional institution who is

4 charged with or convicted of any criminal offense.

5 (d) ESTABLISHMENT OF OFFICE.—

6 (1) IN GENERAL.—The Attorney General shall es7 tablish within the Department of Justice an Office of

8 Correctional Job Training and Placement. The Office

9 shall be headed by a Director, who shall be appointed

10 by the Attorney General.

11 (2) TIMING.—The Attorney General shall carry

12 out this subsection not later than 6 months after the

13 date of enactment of this section.

14 (e) FUNCTIONS OF OFFICE.—The Attorney General,

15 acting through the Director of the Office of Correctional Job

16 Training and Placement, in consultation with the Sec17 retary of Labor, shall—

18 (1) assist in coordinating the activities of the

19 Federal Bonding Program of the Department of

20 Labor, the activities of the Department of Labor relat21 ed to the determination of targeted jobs credits under

22 section 51 of the Internal Revenue Code of 1986 with

23 respect to ex-offenders, and any other correctional job

24 training or placement program of the Department of

25 Justice or Department of Labor;
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1 (2) provide technical assistance to State and

2 local employment and training agencies that—

3 (A) receive financial assistance under this

4 Act; or

5 (B) receive financial assistance through

6 other programs carried out by the Department of

7 Justice or Department of Labor, for activities re8 lated to the development of employability;

9 (3) prepare and implement the use of special

10 staff training materials, and methods, for developing

11 the staff competencies needed by State and local agen12 cies to assist incarcerated persons and ex-offenders in

13 gaining marketable occupational skills and job place14 ment;

15 (4) prepare and submit to Congress an annual

16 report on the activities of the Office of Correctional

17 Job Training and Placement, and the status of cor18 rectional job training or placement programs in the

19 United States;

20 (5) cooperate with other Federal agencies carry21 ing out correctional job training or placement pro22 grams to ensure coordination of such programs

23 throughout the United States;

24 (6) consult with, and provide outreach to—
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1 ‘‘(A) State job training coordinating coun2 cils, administrative entities, and private indus3 try councils, with respect to programs carried

4 out under this Act; and

5 (B) other State and local officials, with re6 spect to other employment or training programs

7 carried out by the Department of Justice or De8 partment of Labor;

9 (7) collect from States information on the train10 ing accomplishments and employment outcomes of a

11 sample of incarcerated persons and ex-offenders who

12 were served by employment or training programs car13 ried out, or that receive financial assistance through

14 programs carried out, by the Department of Justice

15 or Department of Labor; and

16 (8)(A) collect from States and local governments

17 information on the development and implementation

18 of correctional job training or placement programs;

19 and

20 (B) disseminate such information, as appro21 priate.
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1 TITLE XLVIII—POLICE

2 PARTNERSHIPS FOR CHILDREN

3 SEC. 4801. SHORT TITLE.

4 This title may be cited as the ‘‘Police Partnerships for

5 Children Act of 1993’’.

6 SEC. 4802. FINDINGS.

7 Congress finds the following:

8 (1) Homicide is the second leading cause of juve9 nile injury deaths for all youth 15 to 24 years of age.

10 (2) Homicide rates for children and youth have

11 more than doubled since 1950.

12 (3) Teenagers are more than twice as likely as

13 adults to be victims of violent crime, such as rape,

14 robbery or assault.

15 (4) Physical fighting severe enough to require

16 medical treatment for at least one participant occurs

17 among high school students in patterns similar to

18 those of homicide. The incidence rates of such physical

19 fighting are higher for males than females, higher for

20 minorities than for nonminorities, and more frequent

21 between acquaintances than among strangers.

22 (5) Children increasingly live amidst chronic

23 community violence and experience trauma as a re24 sult of such violence. One survey of inner-city chil25 dren 6 to 10 years of age found that over 90 percent
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1 had witnessed some type of violence. A Chicago hous2 ing project survey found that virtually all children in

3 such survey had firsthand experiences with shootings

4 by the age of 5.

5 (6) Children who have been the victims of, or

6 who have witnessed violence, are at risk of becoming

7 involved in further violence if the trauma such chil8 dren have experienced is not addressed.

9 (7) Police frequently encounter children who

10 have been the victims of violence or who have wit11 nessed violence in the course of the police work, but

12 the police often lack the resources necessary to ade13 quately respond to such children’s needs. Child and

14 family service agencies have expertise in child devel15 opment and family issues that could support police

16 efforts.

17 (8) Community-based police, by their visibility

18 at the neighborhood level and their engagement in be19 nign activities, can provide role models and resources

20 to promote the well-being of children and families, as

21 well as to identify and refer those at risk for behav22 ioral problems.

23 SEC. 4803. PURPOSES.

24 The purposes of this title are to—
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1 (1) augment law enforcement services and com2 munity policing efforts by providing accessible crisis

3 intervention services for children who are involved in

4 violent incidents, and training for law enforcement

5 officers in child development, family, and cultural is6 sues;

7 (2) identify children and families at high risk

8 for developing behavioral or emotional problems re9 sulting from exposure to community violence and pro10 vide mental health and other support services to such

11 children and families, including crisis intervention

12 for child witnesses and victims of violence;

13 (3) facilitate interaction between law enforce14 ment agencies, child and family service organizations,

15 local educational agencies, and other community

16 members for the purpose of building coalitions for the

17 prevention of community violence; and

18 (4) provide role models for high-risk children

19 and youth and promote conflict resolution training

20 for children and youth in local educational agencies.

21 SEC. 4804. DEFINITIONS.

22 For purposes of this title:

23 (1) CHILD AND FAMILY SERVICE ORGANIZA24 TION.—The term ‘‘child and family service organiza25 tion’’ means a public or private nonprofit entity
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1 (such as child guidance centers, child psychiatry or

2 child psychology departments of hospitals or univer3 sity medical centers, or community mental health

4 centers providing child and family services) that pro5 vides mental health services to children and families

6 and that meets nationally recognized guidelines (such

7 as guidelines prescribed for mental health centers and

8 for child welfare and family service agencies) with re9 spect to the services provided to children and families.

10 (2) COMMUNITY-BASED POLICING.—The term

11 ‘‘community-based policing’’ means a commitment

12 and an effort (within the confines of budget restric13 tions) made by a law enforcement agency to establish

14 or expand cooperative efforts between the police and

15 a community in order to increase police presence in

16 the community, including—

17 (A) developing innovative neighborhood-ori18 ented policing programs and community-based

19 crime-prevention programs; and

20 (B) creating decentralized police substations

21 throughout the community to encourage inter22 action and cooperation between the public and

23 law enforcement personnel on a local level, in24 cluding the permanent assignment of officers to

25 a specific neighborhood or substation.
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1 (3) LAW ENFORCEMENT AGENCY.—The term

2 ‘‘law enforcement agency’’ means an entity that serves

3 a specific community and has the routine responsibil4 ity of policing the activities of such community.

5 SEC. 4805. GRANTS AUTHORIZED.

6 (a) IN GENERAL.—

7 (1) ESTABLISHMENT GRANTS.—The Attorney

8 General, in consultation with the Secretary of Health

9 and Human Services, and where appropriate the Sec10 retary of Education, shall, subject to availability of

11 appropriations, award grants to law enforcement

12 agencies determined to be eligible under section 4806

13 for the establishment of law enforcement and child

14 and family services partnership programs to carry

15 out activities described in section 4806.

16 (2) PRIORITY.—In awarding grants described in

17 paragraph (1), the Attorney General shall give prior18 ity to a law enforcement agency that—

19 (A) is engaged in community-based polic20 ing; and

21 (B) intends to target such agency’s pro22 grams at disadvantaged communities.

23 (b) GRANT AMOUNT.—
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1 (1) IN GENERAL.—A grant awarded under this

2 section shall be of sufficient size and scope to ade3 quately support all anticipated activities.

4 (2) ADDITIONAL AMOUNTS.—

5 (A) IN GENERAL.—The Attorney General

6 may award additional grant amounts for the

7 purpose of enabling a law enforcement agency

8 (as described in section 4806(a)(1)) to provide

9 mentoring or conflict resolution services.

10 (B) SPECIAL RULES.—

11 (i) PRIORITY FOR MENTORING SERV12 ICES.—In awarding additional grant funds

13 for the provision of mentoring services

14 under subparagraph (A), the Attorney Gen15 eral shall give priority to a law enforcement

16 agency (as described in section 4806(a)(1))

17 that demonstrates commitments from a

18 broad spectrum of community groups to

19 participate in mentoring programs.

20 (ii) CONFLICT RESOLUTION SERV21 ICES.—In awarding additional grant funds

22 for the provision of conflict resolution serv23 ices under subparagraph (A), the Attorney

24 General may not award grant funds to a

25 law enforcement agency (as described in sec-
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1 tion 4806(a)(1)) unless such agency dem2 onstrates a commitment from the local edu3 cational agency to provide conflict resolu4 tion programs in the schools in participa5 tion with such agency.

6 (c) FEDERAL SHARE.—

7 (1) IN GENERAL.—The Federal share of a grant

8 made under this section may not exceed—

9 (A) with respect to the first fiscal year, 80

10 percent of the total costs of the projects described

11 in the application submitted under section 4806

12 for such fiscal year;

13 (B) with respect to the second fiscal year,

14 70 percent of the total costs of the projects de15 scribed in the application submitted under sec16 tion 4806 for such fiscal year; and

17 (C) with respect to the third fiscal year, 60

18 percent of the total costs of the projects described

19 in the application submitted under section 4806

20 for such fiscal year.

21 (2) IN-KIND CONTRIBUTIONS.—The Attorney

22 General shall accept the value of in-kind contributions

23 made by the grant recipient as a part or all of the

24 non-Federal share of grants.
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1 (d) GRANT DURATION.—A grant awarded under this

2 title shall be for a period of not less than 3 years.

3 SEC. 4806. APPLICATIONS.

4 (a) IN GENERAL.—To be eligible for a grant under this

5 section an entity shall—

6 (1) be a law enforcement agency that has entered

7 into a partnership with a child and family service or8 ganization to carry out a program under this title;

9 and

10 (2) prepare and submit to the Attorney General

11 an application in such form, at such time, and in ac12 cordance with such procedures, as the Attorney Gen13 eral shall establish.

14 (b) ASSURANCES.—Each application submitted under

15 subsection (a) shall provide the following assurances:

16 (1) There is a partnership established between

17 the law enforcement agency and a child and family

18 service organization.

19 (2) The management at the highest level of the

20 law enforcement agency and the child and family

21 service organization agrees to the establishment of

22 such partnership, and ensures that such agency and

23 such organization of such partnership will cooperate

24 in carrying out the program.
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1 (3) In developing the program, the applicant has

2 coordinated with other segments of the community to

3 ensure that the partnership efforts complement exist4 ing community anti-violence efforts.

5 (4) Programs established from funds received

6 under grants awarded under this title will do the fol7 lowing:

8 (A) Be collaborative in nature, with respect

9 to organizing and providing the necessary serv10 ices to children and families.

11 (B) Provide response to crisis situations 24

12 hours a day.

13 (C) Provide confidentiality.

14 (D) Be able to provide adequate resources

15 for training of law enforcement officers and for

16 support of professional consultation services for

17 children and families, including professionals li18 censed to provide child and family evaluations

19 and treatment.

20 (E) Be able to respond to community needs

21 in a manner reflecting sensitivity to the cultural

22 diversity of that community.

23 (5) The partnership will provide the following

24 program components:
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1 (A) 24-hour consultation service that in2 cludes a team of child guidance professionals and

3 specially trained law enforcement officers to re4 spond to incidents where a child has been a per5 petrator, a witness, or a victim of violence. Serv6 ices by child guidance professionals may include

7 in-home assessments, expedited referrals for

8 treatment, treatment in a community where re9 sources are not already available, consultations

10 with parents and teachers, and on-the-spot crisis

11 intervention.

12 (B) Training for law enforcement officers

13 that includes instruction by child and family

14 service organizations in the basic principles of

15 human behavior, child psychology, and family

16 systems. All training will be interactive and

17 jointly taught by law enforcement officers and

18 child guidance professionals, in order to make

19 use of real-life examples drawn from officers’ ex20 perience in the field.

21 (C) Weekly case conferences by the team of

22 child guidance professionals and law enforcement

23 officers described in subparagraph (A).

24 (D) Community activities for children and

25 families that are designed jointly by the law en-
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1 forcement and child and family services partner2 ship, including conflict resolution training pro3 grams for children and youth, after-school activ4 ity and neighborhood recreation programs, and

5 parent support groups co-led by child guidance

6 and law enforcement professionals.

7 (6) The partnership will provide local matching

8 funds in accordance with the Federal share require9 ments under section 4805(c).

10 (7) The applicant will submit to the Attorney

11 General, for each fiscal year for which a grant is re12 ceived, a report in accordance with uniform stand13 ards prescribed by the Attorney General.

14 (c) ADDITIONAL ASSURANCES FOR MENTORING AND

15 CONFLICT RESOLUTION SERVICES.—

16 (1) IN GENERAL.—Each application submitted

17 under subsection (a) for additional funding for the

18 provision of mentoring or conflict resolution services

19 under section 4805(b)(2) shall provide assurances de20 scribed in paragraph (2) or (3), whichever is applica21 ble.

22 (2) MENTORING.—With respect to the provision

23 of mentoring services, an applicant shall provide as24 surances that the partnership of the applicant and the

25 child and family service organization will—
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1 (A) provide formal mentoring programs

2 that will include mentors such as police officers,

3 child and family services staff, and community

4 and business leaders provided through a partner5 ship with corporations, universities, labor orga6 nizations, nonprofit entities (such as professional

7 societies) or government agencies;

8 (B) recruit mentors who are representative

9 of the cultural mix of the community such men10 tors serve;

11 (C) provide ongoing support services to

12 mentors through the partnership, including a

13 framework for understanding the issues such

14 mentors may encounter in working with youth

15 from deprived environments and ongoing sup16 port groups to provide mentors an opportunity

17 to discuss the problems encountered in working

18 with children;

19 (D) provide practical work experience and,

20 to the extent possible, permanent career opportu21 nities to older youth; and

22 (E) collaborate, when possible, with elemen23 tary and secondary schools, universities, corpora24 tions, labor organizations, or government agen-
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1 cies with respect to matters relating to the part2 nership’s mentoring program.

3 (3) CONFLICT RESOLUTION.—With respect to the

4 provision of conflict resolution services, an applicant

5 shall provide an assurance that the child and family

6 service organization and the law enforcement agency

7 partnership, in collaboration with the local edu8 cational agency (hereafter referred to in this subpara9 graph as the ‘‘LEA’’) will support the LEA in the de10 velopment and implementation of conflict resolution

11 programs. The support provided to the LEA in the

12 preceding sentence shall be tailored to the needs and

13 resources of the local school district, and may include

14 providing assistance to an ongoing conflict resolution

15 program operated by such LEA, developing curricula

16 for such a program in cooperation with the LEA, and

17 providing such a program to an LEA.

18 SEC. 4807. TRAINING AND TECHNICAL ASSISTANCE.

19 The Attorney General shall provide training and tech20 nical assistance to grantees and child and family service

21 organization with which such grantees have formed a part22 nership.
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1 SEC. 4808. EVALUATION AND REPORTS.

2 (a) EVALUATION.—The Attorney General shall conduct

3 evaluations to determine the effectiveness of the programs

4 funded under this title.

5 (b) SUBMISSION OF REPORTS AND EVALUATIONS.—

6 (1) INTERIM.—Not later than December 31,

7 1995, the Attorney General shall prepare and submit

8 to the appropriate committees of Congress an interim

9 progress report based on information reported by the

10 grantees and the results (as of the date of the submis11 sion of such report) of the evaluation conducted under

12 subsection (a).

13 (2) FINAL.—Not later than December 31, 1998,

14 the Attorney General shall prepare and submit to the

15 appropriate committees of Congress a review and

16 summary of the results of the evaluation conducted

17 under subsection (a).

18 SEC. 4809. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to carry out

20 this title, $20,000,000 for fiscal year 1994, and such sums

21 as may be necessary for each of the fiscal years 1995

22 through 1998, of which not more than 10 percent shall be

23 used for the mentoring and conflict resolution activities de24 scribed in section 4806(c).
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1 TITLE XLIX—NATIONAL COMMU2 NITY ECONOMIC PARTNER3 SHIP

4 SEC. 4901. SHORT TITLE.

5 This title may be cited as the ‘‘National Community

6 Economic Partnership Act of 1993’’.

7 Subtitle A—Community Economic

8 Partnership Investment Funds

9 SEC. 4911. PURPOSE.

10 It is the purpose of this subtitle to increase private

11 investment in distressed local communities and to build and

12 expand the capacity of local institutions to better serve the

13 economic needs of local residents through the provision of

14 financial and technical assistance to community develop15 ment corporations.

16 SEC. 4912. PROVISION OF ASSISTANCE.

17 (a) AUTHORITY.—The Secretary of Health and

18 Human Services (hereafter referred to in this title as the

19 ‘‘Secretary’’) is authorized, in accordance with this subtitle,

20 to provide nonrefundable lines of credit to community devel21 opment corporations for the establishment, maintenance or

22 expansion of revolving loan funds to be utilized to finance

23 projects intended to provide business and employment op24 portunities for low-income, unemployed, or underemployed
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1 individuals and to improve the quality of life in urban and

2 rural areas.

3 (b) REVOLVING LOAN FUNDS.—

4 (1) COMPETITIVE ASSESSMENT OF APPLICA5 TIONS.—In providing assistance under subsection (a),

6 the Secretary shall establish and implement a com7 petitive process for the solicitation and consideration

8 of applications from eligible entities for lines of credit

9 for the capitalization of revolving funds.

10 (2) ELIGIBLE ENTITIES.—To be eligible to re11 ceive a line of credit under this subtitle an applicant

12 shall—

13 (A) be a community development corpora14 tion;

15 (B) prepare and submit an application to

16 the Secretary that shall include a strategic in17 vestment plan that identifies and describes the

18 economic characteristics of the target area to be

19 served, the types of business to be assisted and

20 the impact of such assistance on low-income, un21 deremployed, and unemployed individuals in the

22 target area;

23 (C) demonstrate previous experience in the

24 development of low-income housing or commu25 nity or business development projects in a low-
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1 income community and provide a record of

2 achievement with respect to such projects; and

3 (D) have secured one or more commitments

4 from local sources for contributions (either in

5 cash or in kind, letters of credit or letters of com6 mitment) in an amount that is at least equal to

7 the amount requested in the application submit8 ted under subparagraph (B).

9 (3) EXCEPTION.—Notwithstanding the provisions

10 of paragraph (2)(D), the Secretary may reduce local

11 contributions to not less than 25 percent of the

12 amount of the line of credit requested by the commu13 nity development corporation if the Secretary deter14 mines such to be appropriate in accordance with sec15 tion 4916.

16 SEC. 4913. APPROVAL OF APPLICATIONS.

17 (a) IN GENERAL.—In evaluating applications submit18 ted under section 4912(b)(2)(B), the Secretary shall ensure

19 that—

20 (1) the residents of the target area to be served

21 (as identified under the strategic development plan)

22 would have an income that is less than the median

23 income for the area (as determined by the Secretary);

24 (2) the applicant community development cor25 poration possesses the technical and managerial capa-
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1 bility necessary to administer a revolving loan fund

2 and has past experience in the development and man3 agement of housing, community and economic devel4 opment programs;

5 (3) the applicant community development cor6 poration has provided sufficient evidence of the exist7 ence of good working relationships with—

8 (A) local businesses and financial institu9 tions, as well as with the community the cor10 poration proposes to serve; and

11 (B) local and regional job training pro12 grams;

13 (4) the applicant community development cor14 poration will target job opportunities that arise from

15 revolving loan fund investments under this subtitle so

16 that 75 percent of the jobs retained or created under

17 such investments are provided to—

18 (A) individuals with—

19 (i) incomes that do not exceed the Fed20 eral poverty line; or

21 (ii) incomes that do not exceed 80 per22 cent of the median income of the area;

23 (B) individuals who are unemployed or un24 deremployed;
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1 (C) individuals who are participating or

2 have participated in job training programs au3 thorized under the Job Training Partnership Act

4 (29 U.S.C. 1501 et seq.) or the Family Support

5 Act of 1988 (Public Law 100–485);

6 (D) individuals whose jobs may be retained

7 as a result of the provision of financing available

8 under this subtitle; or

9 (E) individuals who have historically been

10 underrepresented in the local economy; and

11 (5) a representative cross section of applicants

12 are approved, including large and small community

13 development corporations, urban and rural commu14 nity development corporations and community devel15 opment corporations representing diverse populations.

16 (b) PRIORITY.—In determining which application to

17 approve under this subtitle the Secretary shall give priority

18 to those applicants proposing to serve a target area—

19 (1) with a median income that does not exceed

20 80 percent of the median for the area (as determined

21 by the Secretary); and

22 (2) with a high rate of unemployment, as deter23 mined by the Secretary or in which the population

24 loss is at least 7 percent from April 1, 1980, to April

25 1, 1990, as reported by the Bureau of the Census.
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1 SEC. 4914. AVAILABILITY OF LINES OF CREDIT AND USE.

2 (a) APPROVAL OF APPLICATION.—The Secretary shall

3 provide a community development corporation that has an

4 application approved under section 4913 with a line of

5 credit in an amount determined appropriate by the Sec6 retary, subject to the limitations contained in subsection

7 (b).

8 (b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.—

9 (1) MAXIMUM AMOUNT.—The Secretary shall not

10 provide in excess of $2,000,000 in lines of credit

11 under this subtitle to a single applicant.

12 (2) PERIOD OF AVAILABILITY.—A line of credit

13 provided under this subtitle shall remain available

14 over a period of time established by the Secretary, but

15 in no event shall any such period of time be in excess

16 of 3 years from the date on which such line of credit

17 is made available.

18 (3) EXCEPTION.—Notwithstanding paragraphs

19 (1) and (2), if a recipient of a line of credit under

20 this subtitle has made full and productive use of such

21 line of credit, can demonstrate the need and demand

22 for additional assistance, and can meet the require23 ments of section 4912(b)(2), the amount of such line

24 of credit may be increased by not more than

25 $1,500,000.
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1 (c) AMOUNTS DRAWN FROM LINE OF CREDIT.—

2 Amounts drawn from each line of credit under this subtitle

3 shall be used solely for the purposes described in section

4 4911 and shall only be drawn down as needed to provide

5 loans, investments, or to defray administrative costs related

6 to the establishment of a revolving loan fund.

7 (d) USE OF REVOLVING LOAN FUNDS.—Revolving

8 loan funds established with lines of credit provided under

9 this subtitle may be used to provide technical assistance to

10 private business enterprises and to provide financial assist11 ance in the form of loans, loan guarantees, interest reduc12 tion assistance, equity shares, and other such forms of as13 sistance to business enterprises in target areas and who are

14 in compliance with section 4913(a)(4).

15 SEC. 4915. LIMITATIONS ON USE OF FUNDS.

16 (a) MATCHING REQUIREMENT.—Not to exceed 50 per17 cent of the total amount to be invested by an entity under

18 this subtitle may be derived from funds made available from

19 a line of credit under this subtitle.

20 (b) TECHNICAL ASSISTANCE AND ADMINISTRATION.—

21 Not to exceed 10 percent of the amounts available from a

22 line of credit under this subtitle shall be used for the provi23 sion of training or technical assistance and for the plan24 ning, development, and management of economic develop25 ment projects. Community development corporations shall
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1 be encouraged by the Secretary to seek technical assistance

2 from other community development corporations, with ex3 pertise in the planning, development and management of

4 economic development projects. The Secretary shall assist

5 in the identification and facilitation of such technical as6 sistance.

7 (c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.—

8 To receive funds available under a line of credit provided

9 under this subtitle, an entity, using procedures established

10 by the Secretary, shall demonstrate to the community devel11 opment corporation that such entity agrees to provide local

12 and private sector contributions in accordance with section

13 4912(b)(2)(D), will participate with such community devel14 opment corporation in a loan, guarantee or investment pro15 gram for a designated business enterprise, and that the total

16 financial commitment to be provided by such entity is at

17 least equal to the amount to be drawn from the line of cred18 it.

19 (d) USE OF PROCEEDS FROM INVESTMENTS.—Pro20 ceeds derived from investments made using funds made

21 available under this subtitle may be used only for the pur22 poses described in section 4911 and shall be reinvested in

23 the community in which they were generated.
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1 SEC. 4916. PROGRAM PRIORITY FOR SPECIAL EMPHASIS

2 PROGRAMS.

3 (a) IN GENERAL.—The Secretary shall give priority

4 in providing lines of credit under this subtitle to commu5 nity development corporations that propose to undertake

6 economic development activities in distressed communities

7 that target women, Native Americans, at risk youth, farm8 workers, population-losing communities, very low-income

9 communities, single mothers, veterans, and refugees; or that

10 expand employee ownership of private enterprises and

11 small businesses, and to programs providing loans of not

12 more than $35,000 to very small business enterprises.

13 (b) RESERVATION OF FUNDS.—Not less than 5 percent

14 of the amounts made available under section 4932(a)(2)(A)

15 may be reserved to carry out the activities described in sub16 section (a).

17 Subtitle B—Emerging Community

18 Development Corporations

19 SEC. 4921. COMMUNITY DEVELOPMENT CORPORATION IM20 PROVEMENT GRANTS.

21 (a) PURPOSE.—It is the purpose of this section to pro22 vide assistance to community development corporations to

23 upgrade the management and operating capacity of such

24 corporations and to enhance the resources available to en25 able such corporations to increase their community eco26 nomic development activities.
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1 (b) SKILL ENHANCEMENT GRANTS.—

2 (1) IN GENERAL.—The Secretary shall award

3 grants to community development corporations to en4 able such corporations to attain or enhance the busi5 ness management and development skills of the indi6 viduals that manage such corporations to enable such

7 corporations to seek the public and private resources

8 necessary to develop community economic develop9 ment projects.

10 (2) USE OF FUNDS.—A recipient of a grant

11 under paragraph (1) may use amounts received under

12 such grant—

13 (A) to acquire training and technical assist14 ance from agencies or institutions that have ex15 tensive experience in the development and man16 agement of low-income community economic de17 velopment projects; or

18 (B) to acquire such assistance from other

19 highly successful community development cor20 porations.

21 (c) OPERATING GRANTS.—

22 (1) IN GENERAL.—The Secretary shall award

23 grants to community development corporations to en24 able such corporations to support an administrative

25 capacity for the planning, development, and manage-
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1 ment of low-income community economic development

2 projects.

3 (2) USE OF FUNDS.—A recipient of a grant

4 under paragraph (1) may use amounts received under

5 such grant—

6 (A) to conduct evaluations of the feasibility

7 of potential low-income community economic de8 velopment projects that address identified needs

9 in the low-income community and that conform

10 to those projects and activities permitted under

11 subtitle A;

12 (B) to develop a business plan related to

13 such a potential project; or

14 (C) to mobilize resources to be contributed

15 to a planned low-income community economic

16 development project or strategy.

17 (d) APPLICATIONS.—A community development cor18 poration that desires to receive a grant under this section

19 shall prepare and submit to the Secretary an application

20 at such time, in such manner, and containing such infor21 mation as the Secretary may require.

22 (e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOP23 MENT CORPORATION.—Amounts provided under this section

24 to a community development corporation shall not exceed

25 $75,000 per year. Such corporations may apply for grants
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1 under this section for up to 3 consecutive years, except that

2 such corporations shall be required to submit a new appli3 cation for each grant for which such corporation desires to

4 receive and compete on the basis of such applications in

5 the selection process.

6 SEC. 4922. EMERGING COMMUNITY DEVELOPMENT COR7 PORATION REVOLVING LOAN FUNDS.

8 (a) AUTHORITY.—The Secretary is authorized to

9 award grants to emerging community development corpora10 tions to enable such corporations to establish, maintain or

11 expand revolving loan funds, to make or guarantee loans,

12 or to make capital investments in new or expanding local

13 businesses.

14 (b) ELIGIBILITY.—To be eligible to receive a grant

15 under subsection (a), an entity shall—

16 (1) be a community development corporation;

17 (2) have completed not less than one nor more

18 than two community economic development projects

19 or related projects that improve or provide job and

20 employment opportunities to low-income individuals;

21 (3) prepare and submit to the Secretary an ap22 plication at such time, in such manner, and contain23 ing such information as the Secretary may require,

24 including a strategic investment plan that identifies

25 and describes the economic characteristics of the tar-
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1 get area to be served, the types of business to be as2 sisted using amounts received under the grant and the

3 impact of such assistance on low-income individuals;

4 and

5 (4) have secured one or more commitments from

6 local sources for contributions (either in cash or in

7 kind, letters of credit, or letters of commitment) in an

8 amount that is equal to at least 10 percent of the

9 amounts requested in the application submitted under

10 paragraph (2).

11 (c) USE OF THE REVOLVING LOAN FUND.—

12 (1) IN GENERAL.—A revolving loan fund estab13 lished or maintained with amounts received under

14 this section may be utilized to provide financial and

15 technical assistance, loans, loan guarantees or invest16 ments to private business enterprises to—

17 (A) finance projects intended to provide

18 business and employment opportunities for low19 income individuals and to improve the quality of

20 life in urban and rural areas; and

21 (B) build and expand the capacity of

22 emerging community development corporations

23 and serve the economic needs of local residents.

24 (2) TECHNICAL ASSISTANCE.—The Secretary

25 shall encourage emerging community development
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1 corporations that receive grants under this section to

2 seek technical assistance from established community

3 development corporations, with expertise in the plan4 ning, development and management of economic de5 velopment projects and shall facilitate the receipt of

6 such assistance.

7 (3) LIMITATION.—Not to exceed 10 percent of the

8 amounts received under this section by a grantee shall

9 be used for training, technical assistance and admin10 istrative purposes.

11 (d) USE OF PROCEEDS FROM INVESTMENTS.—Pro12 ceeds derived from investments made with amounts pro13 vided under this section may be utilized only for the pur14 poses described in this subtitle and shall be reinvested in

15 the community in which they were generated.

16 (e) AMOUNTS AVAILABLE.—Amounts provided under

17 this section to a community development corporation shall

18 not exceed $500,000 per year.

19 Subtitle C—Miscellaneous

20 Provisions

21 SEC. 4931. DEFINITIONS.

22 As used in this title:

23 (1) COMMUNITY DEVELOPMENT CORPORATION.—

24 The term ‘‘community development corporation’’

25 means a private, nonprofit corporation whose board
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1 of directors is comprised of business, civic and com2 munity leaders, and whose principal purpose includes

3 the provision of low-income housing or community

4 economic development projects that primarily benefit

5 low-income individuals and communities.

6 (2) LOCAL AND PRIVATE SECTOR CONTRIBU7 TION.—The term ‘‘local and private sector contribu8 tion’’ means the funds available at the local level (by

9 private financial institutions, State and local govern10 ments) or by any private philanthropic organization

11 and private, nonprofit organizations that will be com12 mitted and used solely for the purpose of financing

13 private business enterprises in conjunction with

14 amounts provided under this title.

15 (3) POPULATION-LOSING COMMUNITY.—The term

16 ‘‘population-losing community’’ means any county in

17 which the net population loss is at least 7 percent

18 from April 1, 1980 to April 1, 1990, as reported by

19 the Bureau of the Census.

20 (4) PRIVATE BUSINESS ENTERPRISE.—The term

21 ‘‘private business enterprise’’ means any business en22 terprise that is engaged in the manufacture of a prod23 uct, provision of a service, construction or develop24 ment of a facility, or that is involved in some other

25 commercial, manufacturing or industrial activity,
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1 and that agrees to target job opportunities stemming

2 from investments authorized under this title to cer3 tain individuals.

4 (5) TARGET AREA.—The term ‘‘target area’’

5 means any area defined in an application for assist6 ance under this title that has a population whose in7 come does not exceed the median for the area within

8 which the target area is located.

9 (6) VERY LOW-INCOME COMMUNITY.—The term

10 ‘‘very low-income community’’ means a community

11 in which the median income of the residents of such

12 community does not exceed 50 percent of the median

13 income of the area.

14 SEC. 4932. AUTHORIZATION OF APPROPRIATIONS.

15 (a) IN GENERAL.—There are authorized to be appro16 priated to carry out subtitles A and B, $40,000,000 for fis17 cal year 1994, and such sums as may be necessary for fiscal

18 years 1995 and 1996.

19 (b) EARMARKS.—Of the aggregate amount appro20 priated under subsection (a) for each fiscal year—

21 (1) 60 percent shall be available to carry out

22 subtitle A; and

23 (2) 40 percent shall be available to carry out

24 subtitle B.
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1 (c) AMOUNTS.—Amounts appropriated under sub2 section (a) shall remain available for expenditure without

3 fiscal year limitation.

4 SEC. 4933. PROHIBITION.

5 None of the funds authorized under this title shall be

6 used to finance the construction of housing.

7 TITLE L—DEPORTATION OF

8 ALIENS CONVICTED OF CRIMES

9 SEC. 5001. EXPANSION OF DEFINITION OF AGGRAVATED

10 FELONY.

11 (a) EXPANSION OF DEFINITION.—Section 101(a)(43)

12 of the Immigration and Nationality Act (8 U.S.C.

13 1101(a)(43)) is amended to read as follows:

14 ‘‘(43) The term ‘aggravated felony’ means—

15 ‘‘(A) murder;

16 ‘‘(B) illicit trafficking in a controlled sub17 stance (as defined in section 102 of the Con18 trolled Substances Act), including a drug traf19 ficking crime (as defined in section 924(c) of

20 title 18, United States Code);

21 ‘‘(C) illicit trafficking in firearms or de22 structive devices (as defined in section 921 of

23 title 18, United States Code) or in explosive ma24 terials (as defined in section 841(c) of that title);
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1 ‘‘(D) an offense described in section 1956 of

2 title 18, United States Code (relating to launder3 ing of monetary instruments) or section 1957 of

4 that title (relating to engaging in monetary

5 transactions in property derived from specific

6 unlawful activity) if the amount of the funds ex7 ceeded $100,000;

8 ‘‘(E) an offense described in—

9 ‘‘(i) section 842 (h) or (i) of title 18,

10 United States Code, or section 844 (d), (e),

11 (f), (g), (h), or (i) of that title (relating to

12 explosive materials offenses);

13 ‘‘(ii) section 922(g) (1), (2), (3), (4), or

14 (5), (j), (n), (o), (p), or (r) or 924 (b) or (h)

15 of title 18, United States Code (relating to

16 firearms offenses); or

17 ‘‘(iii) section 5861 of the Internal Rev18 enue Code of 1986 (relating to firearms of19 fenses);

20 ‘‘(F) a crime of violence (as defined in sec21 tion 16 of title 18, United States Code, but not

22 including a purely political offense) for which

23 the term of imprisonment imposed (regardless of

24 any suspension of imprisonment) is at least 5

25 years;
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1 ‘‘(G) a theft offense (including receipt of sto2 len property) or budgetary offense for which a

3 sentence of 5 years’ imprisonment or more may

4 be imposed;

5 ‘‘(H) an offense described in section 875,

6 876, 877, or 1202 of title 18, United States Code

7 (relating to the demand for or receipt of ran8 som);

9 ‘‘(I) an offense described in section 2251,

10 2251A, or 2252 of title 18, United States Code

11 (relating to child pornography);

12 ‘‘(J) an offense described in—

13 ‘‘(i) section 1962 of title 18, United

14 States Code (relating to racketeer influenced

15 corrupt organizations); or

16 ‘‘(ii) section 1084 (if it is a second or

17 subsequent offense) or 1955 of that title (re18 lating to gambling offenses),

19 for which a sentence of 5 years’ imprisonment or

20 more may be imposed;

21 ‘‘(K) an offense relating to commercial brib22 ery, counterfeiting, forgery, or trafficking in ve23 hicles the identification numbers of which have

24 been altered for which a sentence of 5 years’ im25 prisonment or more may be imposed;
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1 ‘‘(L) an offense that—

2 ‘‘(i) relates to the owning, controlling,

3 managing or supervising of a prostitution

4 business;

5 ‘‘(ii) is described in section 2421, 2422,

6 or 2423 of title 18, United States Code (re7 lating to transportation for the purpose of

8 prostitution) for commercial advantage; or

9 ‘‘(iii) is described in section 1581,

10 1582, 1583, 1584, 1585, or 1588, of title 18,

11 United States Code (relating to peonage,

12 slavery, and involuntary servitude);

13 ‘‘(M) an offense relating to perjury or sub14 ornation of perjury for which a sentence of 5

15 years’ imprisonment or more may be imposed;

16 ‘‘(N) an offense described in—

17 ‘‘(i) section 793 (relating to gathering

18 or transmitting national defense informa19 tion), 798 (relating to disclosure of classi20 fied information), 2153 (relating to sabo21 tage) or 2381 or 2382 (relating to treason)

22 of title 18, United States Code; or

23 ‘‘(ii) section 601 of the National Secu24 rity Act of 1947 (50 U.S.C. 421) (relating
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1 to protecting the identity of undercover in2 telligence agents);

3 ‘‘(O) an offense that—

4 ‘‘(i) involves fraud or deceit in which

5 the loss to the victim or victims exceeds

6 $200,000; or

7 ‘‘(ii) is described in section 7201 of the

8 Internal Revenue Code of 1986 (relating to

9 tax evasion) in which the revenue loss to the

10 Government exceeds $200,000;

11 ‘‘(P) an offense described in section

12 274(a)(1) of title 18, United States Code (relat13 ing to alien smuggling) for the purpose of com14 mercial advantage;

15 ‘‘(Q) an offense described in section 1546(a)

16 of title 18, United States Code (relating to docu17 ment fraud), for the purpose of commercial ad18 vantage;

19 ‘‘(R) an offense relating to a failure to ap20 pear before a court pursuant to a court order to

21 answer to or dispose of a charge of a felony for

22 which a sentence of 2 years’ imprisonment or

23 more may be imposed; and

24 ‘‘(S) an attempt or conspiracy to commit

25 an offense described in this paragraph.
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1 The term applies to an offense described in this para2 graph whether in violation of Federal or State law

3 and applies to such an offense in violation of the law

4 of a foreign country for which the term of imprison5 ment was completed within the previous 15 years.’’.

6 (b) EFFECTIVE DATE.—The amendments made by this

7 section shall apply to convictions entered on or after the

8 date of enactment of this Act.

9 SEC. 5002. DEPORTATION PROCEDURES FOR CERTAIN

10 CRIMINAL ALIENS WHO ARE NOT PERMANENT

11 RESIDENTS.

12 (a) ELIMINATION OF ADMINISTRATIVE HEARING FOR

13 CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi14 gration and Nationality Act (8 U.S.C. 1252a) is amended

15 by adding at the end the following new subsection:

16 ‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PERMA17 NENT RESIDENTS.—

18 ‘‘(1) Notwithstanding section 242, and subject to

19 paragraph (5), the Attorney General may issue a

20 final order of deportation against any alien described

21 in paragraph (2) whom the Attorney General deter22 mines to be deportable under section 241(a)(2)(A)(iii)

23 (relating to conviction of an aggravated felony).

24 ‘‘(2) An alien is described in this paragraph if

25 the alien—
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1 ‘‘(A) was not lawfully admitted for perma2 nent residence at the time that proceedings under

3 this section commenced, or

4 ‘‘(B) had permanent resident status on a

5 conditional basis (as described in section 216) at

6 the time that proceedings under this section com7 menced.

8 ‘‘(3) No alien described in this section shall be

9 eligible for any relief from deportation that the Attor10 ney General may grant in his discretion.

11 ‘‘(4) The Attorney General may not execute any

12 order described in paragraph (1) until 14 calendar

13 days have passed from the date that such order was

14 issued, unless waived by the alien, in order that the

15 alien has an opportunity to apply for judicial review

16 under section 106.’’.

17 (b) LIMITED JUDICIAL REVIEW.—Section 106 of the

18 Immigration and Nationality Act (8 U.S.C. 1105a) is

19 amended—

20 (1) in the first sentence of subsection (a), by in21 serting ‘‘or pursuant to section 242A’’ after ‘‘under

22 section 242(b)’’;

23 (2) in subsection (a)(1) and subsection (a)(3), by

24 inserting ‘‘(including an alien described in section

25 242A)’’ after ‘‘aggravated felony’’; and
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1 (3) by adding at the end the following new sub2 section:

3 ‘‘(d) Notwithstanding subsection (c), a petition for re4 view or for habeas corpus on behalf of an alien described

5 in section 242A(c) may only challenge whether the alien

6 is in fact an alien described in such section, and no court

7 shall have jurisdiction to review any other issue.’’.

8 (c) TECHNICAL AMENDMENTS.—Section 242A of the

9 Immigration and Nationality Act (8 U.S.C. 1252a) is

10 amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘(a) IN GENERAL.—’’ and

13 inserting the following:

14 ‘‘(b) DEPORTATION OF PERMANENT RESIDENT

15 ALIENS.—

16 ‘‘(1) IN GENERAL.—’’; and

17 (B) by inserting in the first sentence ‘‘per18 manent resident’’ after ‘‘correctional facilities

19 for’’;

20 (2) in subsection (b)—

21 (A) by striking ‘‘(b) IMPLEMENTATION.—’’

22 and inserting ‘‘(2) IMPLEMENTATION.—’’; and

23 (B) by striking ‘‘respect to an’’ and insert24 ing ‘‘respect to a permanent resident’’;

25 (3) by striking subsection (c);
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1 (4) in subsection (d)—

2 (A) by striking ‘‘(d) EXPEDITED PROCEED3 INGS.—(1)’’ and inserting ‘‘(3) EXPEDITED PRO4 CEEDINGS.—(A)’’;

5 (B) by inserting ‘‘permanent resident’’ after

6 ‘‘in the case of any’’; and

7 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

8 (5) in subsection (e)—

9 (A) by striking ‘‘(e) REVIEW.—(1)’’ and in10 serting ‘‘(4) REVIEW.—(A)’’;

11 (B) by striking the second sentence; and

12 (C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

13 (6) by inserting after the section heading the fol14 lowing new subsection:

15 ‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien

16 convicted of an aggravated felony shall be conclusively pre17 sumed to be deportable from the United States.’’; and

18 (7) by amending the heading to read as follows:

‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF

COMMITTING AGGRAVATED FELONIES’’.

19 (d) EFFECTIVE DATE.—The amendments made by this

20 section shall apply to all aliens against whom deportation

21 proceedings are initiated after the date of enactment of this

22 Act.
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1 SEC. 5003. JUDICIAL DEPORTATION.

2 (a) JUDICIAL DEPORTATION.—Section 242A of the Im3 migration and Nationality Act (8 U.S.C. 1252a) is amend4 ed by adding at the end the following new subsection:

5 ‘‘(d) JUDICIAL DEPORTATION.—

6 ‘‘(1) AUTHORITY.—Notwithstanding any other

7 provision of this Act, a United States district court

8 shall have jurisdiction to enter a judicial order of de9 portation at the time of sentencing against an alien

10 whose criminal conviction causes such alien to be de11 portable under section 241(a)(2)(A)(iii) (relating to

12 conviction of an aggravated felony), if such an order

13 has been requested prior to sentencing by the United

14 States Attorney with the concurrence of the Commis15 sioner.

16 ‘‘(2) PROCEDURE.—

17 ‘‘(A) The United States Attorney shall pro18 vide notice of intent to request judicial deporta19 tion promptly after the entry in the record of an

20 adjudication of guilt or guilty plea. Such notice

21 shall be provided to the court, to the alien, and

22 to the alien’s counsel of record.

23 ‘‘(B) Notwithstanding section 242B, the

24 United States Attorney, with the concurrence of

25 the Commissioner, shall file at least 20 days

26 prior to the date set for sentencing a charge con-
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1 taining factual allegations regarding the

2 alienage of the defendant and satisfaction by the

3 defendant of the definition of aggravated felony.

4 ‘‘(C) If the court determines that the defend5 ant has presented substantial evidence to estab6 lish prima facie eligibility for relief from depor7 tation under section 212(c), the Commissioner

8 shall provide the court with a recommendation

9 and report regarding the alien’s eligibility for re10 lief under such section. The court shall either

11 grant or deny the relief sought.

12 ‘‘(D)(i) The alien shall have a reasonable

13 opportunity to examine the evidence against him

14 or her, to present evidence on his or her own be15 half, and to cross-examine witnesses presented by

16 the Government.

17 ‘‘(ii) The court, for the purposes of deter18 mining whether to enter an order described in

19 paragraph (1), shall only consider evidence that

20 would be admissible in proceedings conducted

21 pursuant to section 242(b).

22 ‘‘(iii) Nothing in this subsection shall limit

23 the information a court of the United States

24 may receive or consider for the purposes of im25 posing an appropriate sentence.
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1 ‘‘(iv) The court may order the alien de2 ported if the Attorney General demonstrates by

3 clear and convincing evidence that the alien is

4 deportable under this Act.

5 ‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JUDI6 CIAL ORDER OF DEPORTATION.—

7 ‘‘(A)(i) A judicial order of deportation or

8 denial of such order may be appealed by either

9 party to the court of appeals for the circuit in

10 which the district court is located.

11 ‘‘(ii) Except as provided in clause (iii),

12 such appeal shall be considered consistent with

13 the requirements described in section 106.

14 ‘‘(iii) Upon execution by the defendant of a

15 valid waiver of the right to appeal the conviction

16 on which the order of deportation is based, the

17 expiration of the period described in section

18 106(a)(1), or the final dismissal of an appeal

19 from such conviction, the order of deportation

20 shall become final and shall be executed at the

21 end of the prison term in accordance with the

22 terms of the order.

23 ‘‘(B) As soon as is practicable after entry of

24 a judicial order of deportation, the Commis25 sioner shall provide the defendant with written
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1 notice of the order or deportation, which shall

2 designate the defendant’s country of choice for

3 deportation and any alternate country pursuant

4 to section 243(a).

5 ‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a

6 request for a judicial order of deportation shall not

7 preclude the Attorney General from initiating depor8 tation proceedings pursuant to section 242 upon the

9 same ground of deportability or upon any other

10 ground of deportability provided under section

11 241(a).’’.

12 (b) TECHNICAL AMENDMENT.—The ninth sentence of

13 section 242(b) of the Immigration and Nationality Act (8

14 U.S.C. 1252(b)) is amended by striking ‘‘The’’ and insert15 ing ‘‘Except as provided in section 242A(d), the’’.

16 (c) EFFECTIVE DATE.—The amendments made by this

17 section shall apply to all aliens whose adjudication of guilt

18 or guilty plea is entered in the record after the date of enact19 ment of this Act.

20 SEC. 5004. RESTRICTING DEFENSES TO DEPORTATION FOR

21 CERTAIN CRIMINAL ALIENS.

22 (a) DEFENSES BASED ON SEVEN YEARS OF PERMA23 NENT RESIDENCE.—The last sentence of section 212(c) of

24 the Immigration and Nationality Act (8 U.S.C. 1182(c))

25 is amended by striking ‘‘has served for such felony or felo-
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1 nies’’ and all that follows through the period and inserting

2 ‘‘has been sentenced for such felony or felonies to a term

3 of imprisonment of at least 5 years, if the time for appeal4 ing such conviction or sentence has expired and the sentence

5 has become final.’’.

6 (b) DEFENSES BASED ON WITHHOLDING OF DEPORTA7 TION.—Section 243(h)(2) of the Immigration and National8 ity Act (8 U.S.C. 1253(h)(2)) is amended—

9 (1) by striking the final sentence and inserting

10 the following new subparagraph:

11 ‘‘(E) the alien has been convicted of an ag12 gravated felony.’’; and

13 (2) by striking ‘‘or’’ at the end of subparagraph

14 (C) and inserting ‘‘or’’ at the end of subparagraph

15 (D).

16 SEC. 5005. ENHANCING PENALTIES FOR FAILING TO DE17 PART, OR REENTERING, AFTER FINAL ORDER

18 OF DEPORTATION.

19 (a) FAILURE TO DEPART.—Section 242(e) of the Im20 migration and Nationality Act (8 U.S.C. 1252(e)) is

21 amended—

22 (1) by striking ‘‘paragraph (2), (3), or 4 of’’ the

23 first time it appears; and

24 (2) by striking ‘‘shall be imprisoned not more

25 than ten years’’ and inserting ‘‘shall be imprisoned
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1 not more than four years, or shall be imprisoned not

2 more than ten years if the alien is a member of any

3 of the classes described in paragraph (1)(E), (2), (3),

4 or (4) of section 241(a).’’.

5 (b) REENTRY.—Section 276(b) of the Immigration and

6 Nationality Act (8 U.S.C. 1326(b)) is amended—

7 (1) in paragraph (1)—

8 (A) by inserting after ‘‘commission of’’ the

9 following: ‘‘three or more misdemeanors invoving

10 drugs, crimes against the person, or both, or’’;

11 and

12 (B) by striking ‘‘5’’ and inserting ‘‘10’’;

13 (2) in paragraph (2), by striking ‘‘15’’ and in14 serting ‘‘20’’; and

15 (3) by adding at the end the following sentence:

16 ‘‘For the purposes of this subsection, the term ‘deportation’

17 includes any agreement in which an alien stipulates to de18 portation during a criminal trial under either Federal or

19 State law.’’.

20 (c) COLLATERAL ATTACKS ON UNDERLYING DEPORTA21 TION ORDER.—Section 276 of the Immigration and Nation22 ality Act (8 U.S.C. 1326) is amended by adding after sub23 section (b) the following new subsection:

24 ‘‘(c) In a criminal proceeding under this section, an

25 alien may not challenge the validity of the deportation
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1 order described in subsection (a)(1) or subsection (b) unless

2 the alien demonstrates that—

3 ‘‘(1) the alien exhausted any administrative rem4 edies that may have been available to seek relief

5 against the order;

6 ‘‘(2) the deportation proceedings at which the

7 order was issued improperly deprived the alien of the

8 opportunity for judicial review; and

9 ‘‘(3) the entry of the order was fundamentally

10 unfair.’’.

11 SEC. 5006. MISCELLANEOUS AND TECHNICAL CHANGES.

12 (a) FORM OF DEPORTATION HEARINGS.—The second

13 sentence of section 242(b) of the Immigration and National14 ity Act (8 U.S.C. 1252(b)) is amended by inserting before

15 the period the following: ‘‘; except that nothing in this sub16 section shall preclude the Attorney General from authoriz17 ing proceedings by electronic or telephonic media (with the

18 consent of the alien) or, where waived or agreed to by the

19 parties, in the absence of the alien.’’.

20 (b) CONSTRUCTION OF EXPEDITED DEPORTATION RE21 QUIREMENTS.— No amendment made by this Act and noth22 ing in section 242(i) of the Immigration and Nationality

23 Act (8 U.S.C. 1252(i)) shall be construed to create any sub24 stantive or procedural right or benefit that is legally en-
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1 forceable by any party against the United States or its

2 agencies or officers or any other person.

3 SEC. 5007. CRIMINAL ALIEN TRACKING CENTER.

4 (a) OPERATION.—The Commissioner of Immigration

5 and Naturalization, with the cooperation of the Director of

6 the Federal Bureau of Investigation and the heads of other

7 agencies, shall, under the authority of section 242(a)(3)(A)

8 of the Immigration and Nationality Act (8 U.S.C.

9 1252(a)(3)(A)), operate a criminal alien tracking center.

10 (b) PURPOSE.—The criminal alien tracking center

11 shall be used to assist Federal, State, and local law enforce12 ment agencies in identifying and locating aliens who may

13 be subject to deportation by reason of their conviction of

14 aggravated felonies.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to carry out this section

17 $5,000,000 for fiscal year 1994 and $2,000,000 for each of

18 fiscal years 1995, 1996, 1997, and 1998.

19 TITLE LI—GENERAL PROVISIONS

20 SEC. 5101. CREDITING OF ‘‘GOOD TIME’’.

21 Section 3624 of title 18, United States Code, is amend22 ed—

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

24 inserting ‘‘the prisoner’’;
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1 (2) by striking ‘‘his’’ each place it appears and

2 inserting ‘‘the prisoner’s’’;

3 (3) in subsection (d) by striking ‘‘him’’ and in4 serting ‘‘the prisoner’’; and

5 (4) in subsection (b)—

6 (A) in the first sentence by inserting ‘‘(other

7 than a prisoner serving a sentence for a crime

8 of violence)’’ after ‘‘A prisoner’’; and

9 (B) by inserting after the first sentence the

10 following: ‘‘A prisoner who is serving a term of

11 imprisonment of more than 1 year for a crime

12 of violence, other than a term of imprisonment

13 for the duration of the prisoner’s life, may, at the

14 discretion of the Bureau, receive credit toward

15 the service of the prisoner’s sentence, beyond the

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

17 year of the prisoner’s term of imprisonment, be18 ginning at the end of the first year of the term,

19 if the Bureau of Prisons determines that, during

20 that year, the prisoner has displayed exemplary

21 compliance with such institutional disciplinary

22 regulations.’’.
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1 SEC. 5102. PROHIBITION ON PAYMENT OF FEDERAL BENE2 FITS TO ILLEGAL ALIENS.

3 (a) DIRECT FINANCIAL BENEFITS.—Notwithstanding

4 any other law, no direct Federal financial benefit or social

5 insurance benefit may be paid, or otherwise given, to any

6 person not lawfully present within the United States for

7 Aid to Dependent Children (AFDC), Supplemental Secu8 rity Income (SSI) for the Aged, Blind, and Disabled; Food

9 Stamps; Medicaid except for emergency conditions; legal

10 services; assistance under the Job Training and Partner11 ship Act; unemployment compensation; and postsecondary

12 student financial aid.

13 (b) UNEMPLOYMENT BENEFITS.—No alien who has not

14 been granted employment authorization pursuant to Fed15 eral law shall be eligible for unemployment compensation

16 under an unemployment compensation law of a State or

17 the United States.

18 (c) DEFINITION.—In this section, ‘‘persons not law19 fully present within the United States’’ means persons who

20 at the time they applied for, receive, or attempt to receive

21 a Federal benefit are not either a United States citizen, a

22 permanent resident alien, an asylee or asylee applicant, a

23 refugee, a parolee, a nonimmigrant in status under the Im24 migration and Nationality Act, or admitted with tem25 porary protected status, or temporary residents, or persons

26 granted Family Unity Protection Status under the INA.
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1 SEC. 5103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS

2 ACT.

3 (a) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—

4 Section 7 of the Civil Rights of Institutionalized Persons

5 Act (42 U.S.C. 1997e) is amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by striking ‘‘ninety

8 days’’ and inserting ‘‘180 days’’; and

9 (B) in paragraph (2), by inserting before

10 the period at the end the following: ‘‘or are other11 wise fair and effective’’; and

12 (2) in subsection (c)—

13 (A) in paragraph (1) by inserting before the

14 period at the end the following: ‘‘or are otherwise

15 fair and effective’’; and

16 (B) in paragraph (2) by inserting before the

17 period at the end the following: ‘‘or is no longer

18 fair and effective’’.

19 (b) PROCEEDINGS IN FORMA PAUPERIS.—Section

20 1915(d) of title 28, United States Code, is amended to read

21 as follows:

22 ‘‘(d) The court may request an attorney to represent

23 any such person unable to employ counsel and may dismiss

24 the case if the allegation of poverty is untrue, or if satisfied

25 that the action fails to state a claim upon which relief can

26 be granted or is frivolous or malicious.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall take effect on the date of the enact3 ment of this Act.

4 SEC. 5104. AWARDS OF ATTORNEY’S FEES.

5 Section 526 of title 28, United States Code, is amended

6 by adding at the end the following new subsection:

7 ‘‘(c)(1)(A) A current or former Department of Justice

8 attorney; agent; or employee who supervises an agent who

9 is the subject of a criminal or disciplinary investigation,

10 instituted on or after the date of enactment of this sub11 section, arising out of acts performed in the discharge of

12 his or her duties in prosecuting or investigating a criminal

13 matter, who is not provided representation under Depart14 ment of Justice regulations, shall be entitled to reimburse15 ment of reasonable attorney’s fees incurred during and as

16 a result of the investigation if the investigation does not

17 result in adverse action against the attorney, agent, or em18 ployee.

19 ‘‘(B) A current or former attorney; agent; or employee

20 who supervises an agent employed as or by a Federal public

21 defender who is the subject of a criminal or disciplinary

22 investigation instituted on or after the date of enactment

23 of this subsection, arising out of acts performed in the dis24 charge of his or her duties in defending or investigating

25 a criminal matter in connection with the public defender
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1 program, who is not provided representation by a Federal

2 public defender or the Administrative Office of the United

3 States Courts is entitled to reimbursement of reasonable at4 torney’s fees incurred during and as a result of the inves5 tigation if the investigation does not result in adverse ac6 tion against the attorney, agent, or employee.

7 ‘‘(2) For purposes of paragraph (1), an investigation

8 shall be considered not to result in adverse action against

9 an attorney, agent, or employee if—

10 ‘‘(A) in the case of a criminal investigation, the

11 investigation does not result in indictment of, the fil12 ing of a criminal complaint against, or the entry of

13 a plea of guilty by the attorney, agent, or supervising

14 employee; and

15 ‘‘(B) in the case of a disciplinary investigation,

16 the investigation does not result in discipline or re17 sults in only discipline less serious than a formal let18 ter of reprimand finding actual and specific wrong19 doing.

20 ‘‘(3) The Attorney General shall provide notice in writ21 ing of the conclusion and result of an investigation de22 scribed in paragraph (1).

23 ‘‘(4) An attorney, agent, or supervising employee who

24 was the subject of an investigation described in paragraph

25 (1) may waive his or her entitlement to reimbursement of
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1 attorney’s fees under paragraph (1) as part of a resolution

2 of a criminal or disciplinary investigation.

3 ‘‘(5) An application for attorney fee reimbursement

4 under this subsection shall be made not later than 180 days

5 after the attorney, agent, or employee is notified in writing

6 of the conclusion and result of the investigation.

7 ‘‘(6) Upon receipt of a proper application under this

8 subsection for reimbursement of attorney’s fees, the Attorney

9 General and the Director of the Administrative Office of

10 the United States Courts shall award reimbursement for the

11 amount of attorney’s fees that are found to have been rea12 sonably incurred by the applicant as a result of an inves13 tigation.

14 ‘‘(7) The official making an award under this sub15 section shall make inquiry into the reasonableness of the

16 amount requested, and shall consider—

17 ‘‘(A) the sufficiency of the documentation accom18 panying the request;

19 ‘‘(B) the need or justification for the underlying

20 item;

21 ‘‘(C) the reasonableness of the sum requested in

22 light of the nature of the investigation; and

23 ‘‘(D) current rates for equal services in the com24 munity in which the investigation took place.
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1 ‘‘(8)(A) Reimbursements of attorney’s fees ordered

2 under this subsection by the Attorney General shall be paid

3 from the appropriation made by section 1304 of title 31,

4 United States Code.

5 ‘‘(B) Reimbursements of attorney’s fees ordered under

6 this Act by the Director of the Administrative Office of the

7 United States Courts shall be paid from appropriations au8 thorized by section 3006A(i) of title 18, United States Code.

9 ‘‘(9) The Attorney General and the Director of the Ad10 ministrative Office of the United States Courts may dele11 gate their powers and duties under this subsection to an

12 appropriate subordinate.’’.

13 SEC. 5105. TASK FORCE AND CRIMINAL PENALTIES RELAT14 ING TO THE INTRODUCTION OF

15 NONINDIGENOUS SPECIES.

16 (a) TASK FORCE.—

17 (1) IN GENERAL.—The Attorney General is au18 thorized to convene a law enforcement task force in

19 Hawaii to facilitate the prosecution of violations of

20 Federal laws, and laws of the State of Hawaii, relat21 ing to the wrongful conveyance, sale, or introduction

22 of nonindigenous plant and animal species.

23 (2) MEMBERSHIP.—(A) The task force shall be

24 composed of representatives of—
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1 (i) the Office of the United States Attorney

2 for the District of Hawaii;

3 (ii) the United States Customs Service;

4 (iii) the Animal and Plant Health Inspec5 tion Service;

6 (iv) the Fish and Wildlife Service;

7 (v) the National Park Service;

8 (vi) the United States Forest Service;

9 (vii) the Military Customs Inspection Office

10 of the Department of Defense;

11 (viii) the United States Postal Service;

12 (ix) the office of the Attorney General of the

13 State of Hawaii;

14 (x) the Hawaii Department of Agriculture;

15 (xi) the Hawaii Department of Land and

16 Natural Resources; and

17 (xii) such other individuals as the Attorney

18 General deems appropriate.

19 (B) The Attorney General shall, to the extent

20 practicable, select individuals to serve on the task

21 force who have experience with the enforcement of

22 laws relating to the wrongful conveyance, sale, or in23 troduction of nonindigenous species.

24 (3) DUTIES.—The task force shall—
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1 (A) provide mutual assistance to Federal

2 and State law enforcement agencies in the pros3 ecution of violations of laws relating to the con4 veyance, sale, or introduction of nonindigenous

5 species into Hawaii; and

6 (B) make recommendations on ways to

7 strengthen Federal and State laws and law en8 forcement strategies designed to prevent the in9 troduction of nonindigenous species.

10 (4) REPORT.—The task force shall report to the

11 Attorney General and to the Judiciary Committees of

12 the Senate and House of Representatives on—

13 (A) the progress of its enforcement efforts;

14 and

15 (B) the adequacy of existing Federal laws

16 and laws of the State of Hawaii which relate to

17 the introduction of nonindigenous species.

18 Thereafter, the task force shall make such reports as

19 the task force deems appropriate.

20 (5) CONSULTATION.—The task force shall consult

21 with Hawaii agricultural interests and representa22 tives of Hawaii conservation organizations about

23 methods of preventing the wrongful conveyance, sale,

24 or introduction of nonindigenous plant and animal

25 species into Hawaii.
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1 (b) CRIMINAL PENALTY.—

2 (1) IN GENERAL.—Chapter 83 of title 18, United

3 States Code, is amended by inserting after section

4 1716C the following new section:

5 ‘‘§ 1716D. Nonmailable injurious animals, plant pests,

6 plants, and illegally taken fish, wildlife,

7 and plants

8 ‘‘A person who knowingly deposits for mailing or de9 livery, or knowingly causes to be delivered by mail, accord10 ing to the direction thereon, or at any place at which it

11 is directed to be delivered by the person to whom it is ad12 dressed, anything that section 3015 of title 39 declares to

13 be nonmailable matter shall be fined under this title, im14 prisoned not more than 1 year, or both.’’.

15 (2) TECHNICAL AMENDMENT.—The chapter anal16 ysis for chapter 83 of title 18, United States Code, is

17 amended by inserting after the item relating to sec18 tion 1716C the following new item:

‘‘1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken

fish, wildlife, and plants.’’.

19 SEC. 5106. SENSE OF THE SENATE REGARDING THE ROLE

20 OF THE UNITED NATIONS IN INTERNATIONAL

21 ORGANIZED CRIME CONTROL.

22 (a) FINDINGS.—The Senate finds that—

23 (1) international criminal activity has increased

24 dramatically over the past decade and has been fa-
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1 cilitated by modern developments in transportation

2 and communications, relaxed travel restrictions, and

3 the greatly increased volume of international trade;

4 (2) the expansion of international criminal ac5 tivity is reflected in the growth of requests for mutual

6 legal assistance and extradition made between the

7 United States and other countries, the number of such

8 requests having increased from 535 in 1984 to 2,238

9 in 1992;

10 (3) the global reach of organized crime con11 stitutes a serious threat to the security and stability

12 of sovereign nations;

13 (4) the expanding scope of international orga14 nized crime necessitates greater cooperation among

15 nations to prosecute and eliminate organized crimi16 nal groups;

17 (5) there is an urgent need for new approaches

18 designed to allow the international law enforcement

19 community to pursue international criminals across

20 national boundaries;

21 (6) the United Nations Convention Against Il22 licit Traffic in Narcotic Drugs and Psychotropic Sub23 stances has helped bring about improved inter24 national cooperation with respect to narcotics;
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1 (7) the current role of the United Nations with

2 respect to international organized crime is limited by

3 the lack of a binding international convention dealing

4 with the broad range of organized criminal activity

5 beyond narcotics;

6 (8) the United Nations Commission on Crime

7 Prevention and Criminal Justice has successfully fa8 cilitated the negotiation and implementation of mu9 tual legal assistance and extradition treaties between

10 certain nations,and has helped train nations to effec11 tively execute the terms of such treaties; and

12 (9) the United Nations Commission on Crime

13 Prevention and Criminal Justice currently has lim14 ited authority and resources.

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that—

17 (1) the United States should encourage the devel18 opment of a United Nations Convention on Organized

19 Crime; and

20 (2) the United Nations should—

21 (A) provide significant additional resources

22 to the Commission on Crime Prevention and

23 Criminal Justice;

24 (B) consider an expansion of the Commis25 sion’s role and authority; and
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1 (C) seek a cohesive approach to the inter2 national organized crime problem.

3 SEC. 5107. TASK FORCE ON PRISON CONSTRUCTION STAND4 ARDIZATION AND TECHNIQUES.

5 (a) TASK FORCE.—The Director of the National Insti6 tute of Corrections shall, subject to availability of appro7 priations, establish a task force composed of Federal, State,

8 and local officials expert in prison construction, and of at

9 least an equal number of engineers, architects, and con10 struction experts from the private sector with expertise in

11 prison design and construction, including the use of cost12 cutting construction standardization techniques and cost13 cutting new building materials and technologies.

14 (b) COOPERATION.—The task force shall work in close

15 cooperation and communication with other State and local

16 officials responsible for prison construction in their local17 ities.

18 (c) PERFORMANCE REQUIREMENTS.—The task force

19 shall work to—

20 (1) establish and recommend standardized con21 struction plans and techniques for prison and prison

22 component construction; and

23 (2) evaluate and recommend new construction

24 technologies, techniques, and materials,
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1 to reduce prison construction costs at the Federal, State,

2 and local levels and make such construction more efficient.

3 (d) DISSEMINATION.—The task force shall disseminate

4 information described in subsection (c) to State and local

5 officials involved in prison construction, through written re6 ports and meetings.

7 (e) PROMOTION AND EVALUATION.—The task force

8 shall—

9 (1) work to promote the implementation of cost10 saving efforts at the Federal, State, and local levels;

11 (2) evaluate and advise on the results and effec12 tiveness of such cost-saving efforts as adopted, broadly

13 disseminating information on the results; and

14 (3) to the extent feasible, certify the effectiveness

15 of the cost-savings efforts.

16 SEC. 5108. REPORT ON SUCCESS OF ROYAL HONG KONG PO17 LICE RECRUITMENT.

18 Not later than 6 months after the date of enactment

19 of this Act, the Attorney General, in concert with the Direc20 tor of the Federal Bureau of Investigation, the Adminis21 trator of the Drug Enforcement Agency, the Commissioner

22 of the Immigration and Naturalization Service, and the

23 Commissioner of the Customs Service, shall report to Con24 gress and the President on the efforts made, and the success

25 of such efforts, to recruit and hire former Royal Hong Kong
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1 Police officers into Federal law enforcement positions. The

2 report shall discuss any legal or administrative barriers

3 preventing a program of adequate recruitment of former

4 Royal Hong Kong Police officers.

5 SEC. 5109. INTERSTATE WAGERING.

6 Section 1301 of title 18, United States Code, is amend7 ed by inserting ‘‘or, being engaged in the business of procur8 ing for a person in 1 State such a ticket, chance, share,

9 or interest in a lottery, gift, enterprise or similar scheme

10 conducted by another State (unless that business is per11 mitted under an agreement between the States in question

12 or appropriate authorities of those States), knowingly

13 transmits in interstate or foreign commerce information to

14 be used for the purpose of procuring such a ticket, chance,

15 share, or interest;’’ after ‘‘scheme;’’.

16 SEC. 5110. REMOVAL OF ALIEN TERRORISTS.

17 The Immigration and Nationality Act (8 U.S.C. 1101

18 et seq.) is amended by inserting the following new section:

19 ‘‘REMOVAL OF ALIEN TERRORISTS

20 ‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec21 tion—

22 ‘‘(1) the term ‘alien terrorist’ means any alien

23 described in section 241(a)(4)(B);

24 ‘‘(2) the term ‘classified information’ has the

25 same meaning as defined in section 1(a) of the Classi26 fied Information Procedures Act (18 U.S.C. App. IV);
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1 ‘‘(3) the term ‘national security’ has the same

2 meaning as defined in section 1(b) of the Classified

3 Information Procedures Act (18 U.S.C. App. IV);

4 ‘‘(4) the term ‘special court’ means the court de5 scribed in subsection (c) of this section; and

6 ‘‘(5) the ‘special removal hearing’ means the

7 hearing described in subsection (e) of this section.

8 ‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The

9 provisions of this section shall apply whenever the Attorney

10 General certifies under seal to the special court that—

11 ‘‘(1) the Attorney General or Deputy Attorney

12 General has approved of the proceeding under this

13 section;

14 ‘‘(2) an alien terrorist is physically present in

15 the United States; and

16 ‘‘(3) removal of such alien terrorist by deporta17 tion proceedings described in sections 242, 242A, or

18 242B would pose a risk to the national security of the

19 United States because such proceedings would disclose

20 classified information.

21 ‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the

22 United States shall publicly designate up to 7 judges from

23 up to 7 United States judicial districts to hear and decide

24 cases arising under this section, in a manner consistent

25 with the designation of judges described in section 103(a)
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1 of the Foreign Intelligence Surveillance Act (50 U.S.C.

2 1803(a)).

3 ‘‘(2) The Chief Justice may, in the Chief Justice’s dis4 cretion, designate the same judges under this section as are

5 designated pursuant to section 1803(a) of title 50, United

6 States Code.

7 ‘‘(d) INVOCATION OF SPECIAL COURT PROCEDURE.—

8 (1) When the Attorney General makes the application de9 scribed in subsection (b), a single judge of the special court

10 shall consider the application in camera and ex parte.

11 ‘‘(2) The judge shall invoke the procedures of subsection

12 (e), if the judge determines that there is probable cause to

13 believe that—

14 ‘‘(A) the alien who is the subject of the applica15 tion has been correctly identified;

16 ‘‘(B) a deportation proceeding described in sec17 tion 242, 242A, or 242B would pose a risk to the na18 tional security of the United States because such pro19 ceedings would disclose classified information; and

20 ‘‘(C) the threat posed by the alien’s physical

21 presence is immediate and involves the risk of death

22 or serious bodily harm.

23 ‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as pro24 vided in paragraph (4), the special removal hearing author-
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1 ized by a showing of probable cause described in subsection

2 (d)(2) shall be open to the public.

3 ‘‘(2) The alien shall have a right to be present at such

4 hearing and to be represented by counsel. Any alien finan5 cially unable to obtain counsel shall be entitled to have

6 counsel assigned to represent such alien. Counsel may be

7 appointed as described in section 3006A of title 18, United

8 States Code.

9 ‘‘(3) The alien shall have a right to introduce evidence

10 on his own behalf, and except as provided in paragraph

11 (4), shall have a right to cross-examine any witness or re12 quest that the judge issue a subpoena for the presence of

13 a named witness.

14 ‘‘(4) The judge shall authorize the introduction in cam15 era and ex parte of any item of evidence for which the judge

16 determines that public disclosure would pose a risk to the

17 national security of the United States because it would dis18 close classified information.

19 ‘‘(5) With respect to any evidence described in para20 graph (4), the judge shall cause to be delivered to the alien

21 either—

22 ‘‘(A)(i) the substitution for such evidence of a

23 statement admitting relevant facts that the specific

24 evidence would tend to prove, or (ii) the substitution
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1 for such evidence of a summary of the specific evi2 dence; or

3 ‘‘(B) if disclosure of even the substituted evidence

4 described in subparagraph (A) would create a sub5 stantial risk of death or serious bodily harm to any

6 person, a statement informing the alien that no such

7 summary is possible.

8 ‘‘(6) If the judge determines—

9 ‘‘(A) that the substituted evidence described in

10 paragraph (4)(B) will provide the alien with substan11 tially the same ability to make his defense as would

12 disclosure of the specific evidence, or

13 ‘‘(B) that disclosure of even the substituted evi14 dence described in paragraph (5)(A) would create a

15 substantial risk of death or serious bodily harm to

16 any person,

17 then the determination of deportation (described in sub18 section (f)) may be made pursuant to this section.

19 ‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the de20 termination in subsection (e)(6)(A) has been made, the

21 judge shall, considering the evidence on the record as a

22 whole, require that the alien be deported if the Attorney

23 General proves, by clear and convincing evidence, that the

24 alien is subject to deportation because he is an alien as de25 scribed in section 241(a)(4)(B).
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1 ‘‘(2) If the determination in subsection (e)(6)(B) has

2 been made, the judge shall, considering the evidence received

3 (in camera and otherwise), require that the alien be de4 ported if the Attorney General proves, by clear, convincing,

5 and unequivocal evidence, that the alien is subject to depor6 tation because he is an alien as described in section

7 241(a)(4)(B).

8 ‘‘(g) APPEALS.—(1) The alien may appeal a deter9 mination under subsection (f) to the court of appeals for

10 the Federal Circuit, by filing a notice of appeal with such

11 court within 20 days of the determination under such sub12 section.

13 ‘‘(2) The Attorney General may appeal a determina14 tion under subsection (d), (e), or (f) to the court of appeals

15 for the Federal Circuit, by filing a notice of appeal with

16 such court within 20 days of the determination under any

17 one of such subsections.

18 ‘‘(3) When requested by the Attorney General, the en19 tire record of the proceeding under this section shall be

20 transmitted to the court of appeals under seal. The court

21 of appeals shall consider such appeal in camera and ex

22 parte.’’.
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1 SEC. 5111. MANDATORY LIFE IMPRISONMENT OF PERSONS

2 CONVICTED OF A THIRD VIOLENT FELONY.

3 Section 3581 of title 18, United States Code, is amend4 ed by adding at the end the following new subsection:

5 ‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.—

6 ‘‘(1) DEFINITION.—In this section, ‘violent fel7 ony’ means a crime of violence (as defined in section

8 16) under Federal or State law that—

9 ‘‘(A) involves the threatened use, use, or risk

10 of use of physical force against the person of an11 other;

12 ‘‘(B) is punishable by a maximum term of

13 5 years or more; and

14 ‘‘(C) is not designated as a misdemeanor by

15 the law that defines the offense.

16 ‘‘(2) MANDATORY LIFE IMPRISONMENT.—Not17 withstanding any other provision of this title or any

18 other law, in the case of a conviction for a Federal

19 violent felony, the court shall sentence the defendant

20 to prison for life if the defendant has been convicted

21 of a violent felony on 2 or more prior occasions.

22 ‘‘(3) RULE OF CONSTRUCTION.—This subsection

23 shall not be construed to preclude imposition of the

24 death penalty.’’.
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1 SEC. 5112. EFFICIENCY IN LAW ENFORCEMENT AND COR2 RECTIONS.

3 (a) IN GENERAL.—In the administration of each grant

4 program funded by appropriations authorized by this Act

5 or by an amendment made by this Act, the Attorney Gen6 eral shall—

7 (1) encourage innovative methods for the low-cost

8 construction of facilities to be constructed, converted,

9 or expanded and the low-cost operation of such facili10 ties and the reduction of administrative costs and

11 overhead expenses; and

12 (2) give priority to the use of surplus Federal

13 property.

14 (b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND

15 DESIGNS.—Not later than 1 year after the date of enact16 ment of this Act, the Attorney General shall make an assess17 ment of the cost efficiency and utility of using modular,

18 prefabricated, precast, and pre-engineered construction

19 components and designs for housing nonviolent criminals.

20 (c) SENSE OF CONGRESS.—It is the sense of the Con21 gress that in providing assistance to State and local govern22 ments, the Attorney General should emphasize the provision

23 of technical assistance in implementing methods to promote

24 cost efficiency and realization of savings.
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1 SEC. 5113. RESTRICTION ON PAYMENT OF BENEFITS TO IN2 DIVIDUALS CONFINED BY COURT ORDER TO

3 PUBLIC INSTITUTIONS PURSUANT TO VER4 DICTS OF NOT GUILTY BY REASON OF INSAN5 ITY OR OTHER MENTAL DISORDER.

6 (a) Section 202(x) of the Social Security Act (42

7 U.S.C. 402(x)) is amended—

8 (1) in the heading, by inserting ‘‘and Certain

9 Other Inmates of Public Institutions’’ after ‘‘Pris10 oners’’;

11 (2) in paragraph (1) add ‘‘(A)’’ after ‘‘(1)’’;

12 (3) in paragraph (1), by inserting at the end:

13 ‘‘(B) Notwithstanding any other provision of this sub14 chapter, no monthly benefits shall be paid under this

15 section or under section 423 of this title to any indi16 vidual for any month during which such individual

17 is confined in any public institution by a court order

18 pursuant to a verdict that the individual is not guilty

19 of such an offense by reason of insanity (or by reason

20 of a similar finding, such as a mental disease, a men21 tal defect, or mental incompetence, unless the pay22 ment is made directly to the public institution to

23 compensate the institution for its expenses.’’.

24 (4) in paragraph (3), by striking ‘‘any individ25 ual’’ and all that follows and inserting ‘‘any individ26 ual confined as described in paragraph (1) if the jail,
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1 prison, penal institution, correctional facility, or

2 other public institution to which such individual is so

3 confined is under the jurisdiction of such agency and

4 the Secretary requires such information to carry out

5 the provisions of this section.’’.

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall apply with respect to benefits for months

8 commencing after 90 days after the date of the enactment

9 of this Act.

10 SEC. 5114. DEFINITION.

11 Section 1201 of title 18, United States Code, is amend12 ed by adding at the end thereof the following:

13 ‘‘(h) As used in this section, the term ‘parent’ does not

14 include any person whose parental rights as to the victim

15 of an offense under this section have been terminated by

16 a final court order.’’.

17 SEC. 5115. DRIVING WHILE INTOXICATED PROSECUTION

18 PROGRAM.

19 Section 501(b) of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3751), as amended by section

21 621, is amended—

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

23 (22);

24 (2) by striking the period at the end of para25 graph (23) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new para2 graph:

3 ‘‘(24) programs for the prosecution of driving

4 while intoxicated charges and the enforcement of other

5 laws relating to alcohol use and the operation of

6 motor vehicles.’’.

7 SEC. 5116. PARENTAL ACCOUNTABILITY.

8 (a) IN GENERAL.—Chapter 43 of title 18, United

9 States Code, is amended by adding at the end the following

10 new section:

11 ‘‘§ 5043. Civil penalties for parents of certain juvenile

12 offenders

13 ‘‘(a) IN GENERAL.—(1) The parent or legal guardians

14 of any juvenile charged with any violation of Federal law

15 shall attend all court proceedings involving the juvenille,

16 and

17 ‘‘(2) Except as provided in subsection (b), the parents

18 or legal guardians of a juvenile who has been convicted of

19 a criminal offense under any Federal law may be liable

20 to the United States for a civil penalty of not more than

21 $10,000.

22 ‘‘(b) EXERCISE OF PARENTAL RESPONSIBILITY.—The

23 court may decline to enforce, if it would cause undue hard24 ship, subsection (a)(1) or to impose a fine under subsection

25 (a)(2) if the court makes an affirmative determination that
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1 under the circumstances, the parents or legal guardians ex2 ercised reasonable care, supervision and control of the juve3 nile and counseled the juvenile that criminal activity is not

4 acceptable.

5 ‘‘(c) AMOUNT OF FINE.—

6 ‘‘(1) MANDATORY MINIMUM.—In no case shall a

7 fine imposed under subsection (a) be less than $100.

8 ‘‘(2) FINANCIAL HARDSHIP.—In no case shall a

9 fine imposed under subsection (a) be less than $500

10 unless the court makes a finding that a fine in that

11 amount would impose a severe financial hardship on

12 the family of the parent or legal guardians.

13 ‘‘(3) If the court determines that the parents or

14 legal guardians are not financially able to pay the

15 fine immediately, the court may set a schedule by

16 which the fine will be paid over time.

17 ‘‘(d) COMMUNITY SERVICE OR PARENTING CLASSES IN

18 LIEU OF CIVIL PENALTY.—A parent or legal guardian or19 dered to pay a civil penalty under this section may petition

20 the court to perform such community service or attend and

21 successfully complete parenting classes, as the court deter22 mines to be appropriate, in lieu of the civil penalty.

23 ‘‘(e) DEFINITIONS.—
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1 ‘‘(1) For the purposes of this section, the term

2 ‘juvenile’ means any person who is under 18 years of

3 age.

4 ‘‘(2) For the purpose of this section, the term

5 ‘parent’ means a biological or custodial parent who

6 has legal responsibility for the juvenile at the time the

7 crime was committed.’’.

8 (b) TECHNICAL AMENDMENT.—The chapter analysis

9 for chapter 403 of title 18, United States Code, is amended

10 by adding at the end the following new item:

‘‘5043. Civil penalties for parents of certain juvenile offenders.’’.

11 SEC. 5117. PROTECTION OF RECIPIENTS IN COUNTER12 TERRORISM REWARDS PROGRAM.

13 (a) COUNTERTERRIORISM REWARDS PROGRAM.—Sec14 tion 36(e) of the State Department Basic Authorities Act

15 (22 U.S.C. 2708) is amended—

16 (1) by inserting ‘‘(1)’’ immediately after ‘‘(e)’’;

17 and

18 (2) by adding the following to the end of section

19 36(e):

20 ‘‘(2) RELOCATION OF PROGRAM PARTICIPANTS.—

21 (A) Whenever the information that would justify a re22 ward under subsection (a) is furnished by an alien,

23 and the Secretary of State and Attorney General

24 jointly determine that the protection of such alien or

25 members of the immediate family of the alien requires
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1 the admission of such alien or aliens to the United

2 States, then such alien and the members of the imme3 diate family of the alien, if necessary, may be admit4 ted to the United States without regard to the require5 ments of the Immigration and Nationality Act (8

6 U.S.C. 1101 et seq.) and shall be eligible for perma7 nent residence as provided in paragraph (4)(A) below.

8 ‘‘(B) The total number of aliens admitted to the

9 United States under subparagraph (A) shall not ex10 ceed 25 in any fiscal year.

11 ‘‘(3) CONDITIONS OF ENTRY FOR REWARDS FOR

12 PROGRAM PARTICIPANTS.—(A) Any alien admitted

13 under subsection (e) who otherwise would be inadmis14 sible under section 212(a)(2) or 212(a)(3) of the Im15 migration and Nationality Act (8 U.S.C. 1182) shall

16 be admitted and permitted to remain in the United

17 States on the condition that the person: (i) shall have

18 executed a form that waives the alien’s right to con19 test, other than on the basis of an application for

20 withholding of deportation, any action for deporta21 tion of the alien instituted before the alien obtains

22 lawful permanent resident status, (ii) is not convicted

23 of any criminal offense in the United States since the

24 date of such admission, and (iii) shall report not less

25 often than quarterly to the Commissioner of the Im-
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1 migration and Naturalization Service such informa2 tion concerning the alien’s whereabouts and activities

3 as the Secretary of State and the Attorney General

4 may require.

5 ‘‘(B) The Secretary of State and the Attorney

6 General shall submit a report annually to the Com7 mittees on the Judiciary of the House of Representa8 tives and of the Senate concerning (i) the number of

9 such aliens admitted, (ii) the number of terrorist acts

10 prevented, frustrated, or thwarted or prosecutions or

11 investigations resulting from cooperation of such

12 aliens, and (iii) the number of such aliens who have

13 failed to report quarterly (as required under para14 graph (3)(A)(i)(I) or who have been convicted of

15 crimes in the United States after the date of their ad16 mission.

17 ‘‘(4) ADJUSTMENT TO PERMANENT RESIDENT

18 STATUS.—(A) If, in the opinion of the Attorney Gen19 eral, in consultation with the Secretary of State, the

20 alien admitted into the United States under section

21 36(e) of the State Department Basic Authorities Act

22 has supplied information that has contributed to the

23 prevention, frustration, or favorable resolution of a

24 terrorist act or has substantially contributed to an

25 authorized investigation or the prosecution of an in-
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1 dividual described in section 36(a) (1) and (2) of such

2 section, the Attorney General may adjust the status of

3 the alien (and the alien’s immediate relatives if ad4 mitted under such section) to that of an alien admit5 ted for permanent residence if the alien is not de6 scribed in section 212(a)(3)(E) of the Immigration

7 and Nationality Act: provided further, That if the

8 alien is subject to paragraph (3)(A) above, such ad9 justment may be made not earlier than 3 years after

10 the date of admission and upon a determination by

11 the Attorney General in consultation with the Sec12 retary of State that the conditions of paragraph

13 (3)(A) (i) through (iii) have been met.

14 ‘‘(B) Upon the approval of adjustment of status

15 under subparagraph (A), the Attorney General shall

16 record the alien’s lawful admission for permanent res17 idence as of the date of such approval and the Sec18 retary of State shall reduce by one the number of

19 visas authorized to be issued under sections 201(d)

20 and 203(b)(4) of the Immigration and Nationality

21 Act for the fiscal year then current.’’.

22 (b) EXCLUSIVE MEANS OF ADJUSTMENT.—Section

23 245(c) of the Immigration and Nationality Act (8 U.S.C.

24 1255(c)), as amended by section 725, is further amended

25 by striking ‘‘or’’ before ‘‘(5)’’ and by inserting before the
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1 period the following: ‘‘; or (6) an alien who was admitted

2 pursuant to section 36(e) of the State Department Basic

3 Authorities Act’’.

4 (c) EXTENDING PERIOD OF DEPORTATION FOR CON5 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the

6 Immigration and Nationality Act (8 U.S.C.

7 1251(a)(2)(A)(i)(I)), as amended by section 725, is further

8 amended by inserting ‘‘or section 36(e)(4)(A) of the State

9 Department Basic Authorities Act’’ after section 245(h) in

10 the parenthetical ‘‘(or 10 years in the case of an alien pro11 vided lawful permanent resident status under section

12 245(h))’’.

13 SEC. 5118. VIOLENT CRIME AND DRUG EMERGENCY AREAS.

14 (a) DEFINITION.—In this section, ‘‘major violent crime

15 or drug-related emergency’’ means an occasion or instance

16 in which violent crime, drug smuggling, drug trafficking,

17 or drug abuse violence reaches such levels, as determined

18 by the President, in consultation with the Attorney General,

19 that Federal assistance is needed to supplement State and

20 local efforts and capabilities to save lives, and to protect

21 property and public health and safety.

22 (b) DECLARATION OF VIOLENT CRIME AND DRUG

23 EMERGENCY AREAS.—If a major violent crime or drug-re24 lated emergency exists throughout a State or a part of a

25 State, the President, in consultation with the Attorney Gen-
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1 eral and other appropriate officials, may declare the State

2 or part of a State to be a violent crime or drug emergency

3 area and may take any and all necessary actions author4 ized by this section and other law. For the purposes of this

5 section, the term ‘‘State’’ shall be deemed to include the Dis6 trict of Columbia and any United States territory or posses7 sion.

8 (c) PROCEDURE.—

9 (1) IN GENERAL.—A request for a declaration

10 designating an area to be a violent crime or drug

11 emergency area shall be made, in writing, by the chief

12 executive officer of a State or local government, re13 spectively (or in the case of the District of Columbia,

14 the mayor), and shall be forwarded to the Attorney

15 General in such form as the Attorney General may by

16 regulation require. One or more cities, counties,

17 States, or the District of Columbia may submit a

18 joint request for designation as a major violent crime

19 or drug emergency area under this subsection.

20 (2) FINDING.—A request made under paragraph

21 (1) shall be based on a written finding that the major

22 violent crime or drug-related emergency is of such se23 verity and magnitude that Federal assistance is nec24 essary to ensure an effective response to save lives and

25 to protect property and public health and safety.
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1 (d) IRRELEVANCY OF POPULATION DENSITY.—The

2 President shall not limit declarations made under this sec3 tion to highly populated centers of violent crime or drug

4 trafficking, drug smuggling, or drug use, but shall also con5 sider applications from governments of less populated areas

6 where the magnitude and severity of such activities is be7 yond the capability of the State or local government to re8 spond.

9 (e) REQUIREMENTS.—As part of a request for a dec10 laration under this section, and as a prerequisite to Federal

11 violent crime or drug emergency assistance under this sec12 tion, the chief executive officer of a State or local govern13 ment shall—

14 (1) take appropriate action under State or local

15 law and furnish information on the nature and

16 amount of State and local resources that have been or

17 will be committed to alleviating the major violent

18 crime drug-related emergency;

19 (2) submit a detailed plan outlining that govern20 ment’s short- and long-term plans to respond to the

21 violent crime or drug emergency, specifying the types

22 and levels of Federal assistance requested and includ23 ing explicit goals (including quantitative goals) and

24 timetables; and
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1 (3) specify how Federal assistance provided

2 under this section is intended to achieve those goals.

3 (f) REVIEW PERIOD.—The Attorney General shall re4 view a request submitted pursuant to this section, and the

5 President shall decide whether to declare a violent crime

6 or drug emergency area, within 30 days after receiving the

7 request.

8 (g) FEDERAL ASSISTANCE.—The President may—

9 (1) direct any Federal agency, with or without

10 reimbursement, to utilize its authorities and the re11 sources granted to it under Federal law (including

12 personnel, equipment, supplies, facilities, financial

13 assistance, and managerial, technical, and advisory

14 services) in support of State and local assistance ef15 forts; and

16 (2) provide technical and advisory assistance,

17 including communications support and law enforce18 ment-related intelligence information; and

19 (h) DURATION OF FEDERAL ASSISTANCE.—

20 (1) IN GENERAL.—Federal assistance under this

21 section shall not be provided to a violent crime or

22 drug emergency area for more than 1 year.

23 (2) EXTENSION.—The chief executive officer of a

24 jurisdiction may apply to the Attorney General for

25 an extension of assistance beyond 1 year. The Presi-
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1 dent, in consultation with the Attorney General, may

2 extend the provision of Federal assistance for not

3 more than an additional 180 days.

4 (i) REGULATIONS.—Not later than 90 days after the

5 date of the enactment of this Act, the Attorney General shall

6 issue regulations to implement this section.

7 (j) NO EFFECT ON EXISTING AUTHORITY.—Nothing in

8 this section shall diminish or detract from existing author9 ity possessed by the President or Attorney General.

10 SEC. 5119. STATE AND LOCAL COOPERATION WITH THE

11 UNITED STATES IMMIGRATION AND NATU12 RALIZATION SERVICE.

13 (a) STATE AND LOCAL COOPERATION.—Notwithstand14 ing any law, ordinance or regulation of any State or sub15 division thereof to the contrary, officials of any State or

16 local government or agency, upon the request of any duly

17 authorized official of the United States Immigration and

18 Naturalization Service, shall provide information regard19 ing the identification, location, arrest, prosecution, deten20 tion, and deportation of an alien or aliens who are not law21 fully present in the United States.

22 (b) REPORT.—Not later than 6 months after the enact23 ment of this Act, the Attorney General, in concert with the

24 Commissioner of the Immigration and Naturalization Serv25 ice, shall report to the Congress and the President on the
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1 extent to which State and local governments are not cooper2 ating with the United States Immigration and Naturaliza3 tion Service. This report shall identify any State or local

4 governments that have adopted laws, policies or practices

5 of non-cooperation with the United States Immigration and

6 Naturalization Service, the specific nature of those laws,

7 policies or practices, and their impact on the enforcement

8 of the immigration laws.

9 (c) FUNDING BASED ON COOPERATION.—No State or

10 local government or agency which has been identified in

11 the Attorney General’s report required by the preceding

12 paragraph, which has a policy or practice of refusing to

13 cooperate with the Immigration and Naturalization Service

14 regarding the identification, location, arrest, prosecution,

15 detention, or deportation of aliens who are not lawfully

16 present in the United States, shall be eligible for any Fed17 eral funds from appropriations made pursuant to a provi18 sion of this Act or of an amendment made by this Act au19 thorizing appropriations, as long as such policy or practice

20 remains in effect.

21 SEC. 5120. AMENDMENTS TO THE DEPARTMENT OF EDU22 CATION ORGANIZATION ACT AND THE NA23 TIONAL LITERACY ACT OF 1991.

24 (a) TECHNICAL AMENDMENT.—The matter preceding

25 paragraph (1) of section 214(d) of the Department of Edu-
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1 cation Organization Act (20 U.S.C. 3423a(d)) is amended

2 by striking ‘‘under subsection (a)’’ and inserting ‘‘under

3 subsection (c)’’.

4 (b) ESTABLISHMENT OF A PANEL AND USE OF

5 FUNDS.—Section 601 of the National Literacy Act of 1991

6 (20 U.S.C. 1211-2) is amended by—

7 (1) by redesignating subsection (g) as subsection

8 (i); and

9 (2) by inserting after subsection (f) the following

10 new subsections:

11 ‘‘(g) PANEL.—The Secretary is authorized to consult

12 with and convene a panel of experts in correctional edu13 cation, including program administrators and field-based

14 professionals in adult corrections, juvenile services, jails,

15 and community corrections programs, to—

16 ‘‘(1) develop measures for evaluating the effec17 tiveness of the programs funded under this section;

18 and

19 ‘‘(2) evaluate the effectiveness of such pro20 grams.’’.

21 ‘‘(h) USE OF FUNDS.—Notwithstanding any other pro22 vision of law, the Secretary may use not more than five

23 percent of funds appropriated under subsection (i) in any

24 fiscal year to carry out grant-related activities such as mon-
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1 itoring, technical assistance, and replication and dissemi2 nation.’’.

3 SEC. 5121. PREVENTION, DIAGNOSIS, AND TREATMENT OF

4 TUBERCULOSIS IN CORRECTIONAL INSTITU5 TIONS.

6 (a) GUIDELINES.—The Attorney General, in consulta7 tion with the Secretary of Health and Human Services and

8 the Director of the National Institute of Justice, shall de9 velop and disseminate to appropriate entities, including

10 State and local correctional institutions and the Immigra11 tion and Naturalization Service, guidelines for the preven12 tion, diagnosis, treatment, and followup care of tuberculosis

13 among inmates of correctional institutions and persons held

14 in holding facilities operated by or under contract with the

15 Immigration and Naturalization Service.

16 (b) COMPLIANCE.—The Attorney General shall ensure

17 that prisons in the Federal prison system and holding fa18 cilities operated by or under contract with the Immigration

19 and Naturalization Service comply with the guidelines de20 scribed in subsection (a).

21 (c) GRANTS.—

22 (1) IN GENERAL.—The Attorney General shall

23 make grants to State and local correction authorities

24 and public health authorities to assist in establishing

25 and operation programs for the prevention, diagnosis,
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1 treatment, and followup care of tuberculosis among

2 inmates of correctional institutions.

3 (2) FEDERAL SHARE.—The Federal share of

4 funding of a program funded with a grant under

5 paragraph (1) shall not exceed 50 percent.

6 (3) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated $20,000,000 to

8 carry out this section.

9 SEC. 5122. ESTABLISHMENT OF COMMUNITY PROGRAMS ON

10 DOMESTIC VIOLENCE.

11 The Family Violence Prevention and Services Act (42

12 U.S.C. 10401 et seq.) is amended by adding at the end the

13 following new section:

14 ‘‘SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INI15 TIATIVES.

16 ‘‘(a) IN GENERAL.—The Secretary shall provide grants

17 to nonprofit private organizations to establish projects in

18 local communities involving many sectors of each commu19 nity to coordinate intervention and prevention of domestic

20 violence.

21 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

22 this section, an entity—

23 ‘‘(1) shall be a nonprofit organization organized

24 for the purpose of coordinating community projects
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1 for the intervention in and prevention of domestic vi2 olence;

3 ‘‘(2) shall include representatives of pertinent

4 sectors of the local community, which may include the

5 following—

6 ‘‘(A) health care providers;

7 ‘‘(B) the education community;

8 ‘‘(C) the religious community;

9 ‘‘(D) the justice system;

10 ‘‘(E) domestic violence program advocates;

11 ‘‘(F) human service entities such as State

12 child services divisions;

13 ‘‘(G) business and civic leaders; and

14 ‘‘(H) other pertinent sectors.

15 ‘‘(c) APPLICATIONS.—An organization that desires to

16 receive a grant under this section shall submit to the Sec17 retary an application, in such form and in such manner

18 as the Secretary shall prescribe through notice in the Fed19 eral Register, that—

20 ‘‘(1) demonstrates that the applicant will serve a

21 community leadership function, bringing together

22 opinion leaders from each sector of the community to

23 develop a coordinated community consensus opposing

24 domestic violence;
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1 ‘‘(2) demonstrates a community action compo2 nent to improve and expand current intervention and

3 prevention strategies through increased communica4 tion and coordination among all affected sectors;

5 ‘‘(3) includes a complete description of the appli6 cant’s plan for the establishment and operation of the

7 community project, including a description of—

8 ‘‘(A) the method for identification and selec9 tion of an administrative committee made up of

10 persons knowledgeable in domestic violence to

11 oversee the project, hire staff, assure compliance

12 with the project outline, and secure annual eval13 uation of the project;

14 ‘‘(B) the method for identification and selec15 tion of project staff and a project evaluator;

16 ‘‘(C) the method for identification and selec17 tion of a project council consisting of representa18 tives of the community sectors listed in sub19 section (b)(2);

20 ‘‘(D) the method for identification and se21 lection of a steering committee consisting of rep22 resentatives of the various community sectors

23 who will chair subcommittees of the project coun24 cil focusing on each of the sectors; and
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1 ‘‘(E) a plan for developing outreach and

2 public education campaigns regarding domestic

3 violence; and

4 ‘‘(4) contains such other information, agree5 ments, and assurances as the Secretary may require.

6 ‘‘(d) TERM.—A grant provided under this section may

7 extend over a period of not more than 3 fiscal years.

8 ‘‘(e) CONDITIONS ON PAYMENT.—Payments under a

9 grant under this section shall be subject to—

10 ‘‘(1) annual approval by the Secretary; and

11 ‘‘(2) availability of appropriations.

12 ‘‘(f) GEOGRAPHICAL DISPERSION.—The Secretary

13 shall award grants under this section to organizations in

14 communities geographically dispersed throughout the coun15 try.

16 ‘‘(g) USE OF GRANT MONIES.—

17 ‘‘(1) IN GENERAL.—A grant made under sub18 section (a) shall be used to establish and operate a

19 community project to coordinate intervention and

20 prevention of domestic violence.

21 ‘‘(2) REQUIREMENTS.—In establishing and oper22 ating a project, a nonprofit private organization

23 shall—
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1 ‘‘(A) establish protocols to improve and ex2 pand domestic violence intervention and preven3 tion strategies among all affected sectors;

4 ‘‘(B) develop action plans to direct re5 sponses within each community sector that are

6 in conjunction with development in all other sec7 tors; and

8 ‘‘(C) provide for periodic evaluation of the

9 project with a written report and analysis to as10 sist application of this concept in other commu11 nities.

12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this sec14 tion—

15 ‘‘(1) $20,000,000 for fiscal year 1995; and

16 ‘‘(2) such sums as are necessary for fiscal years

17 1996, 1997, and 1998,

18 to remain available until expended.

19 SEC. 5123. HATE CRIMES STATISTICS ACT.

20 Section 1(b)(1) of the Hate Crime Statistics Act (Pub21 lic Law 101–275, 104 Stat. 140) is amended by adding

22 ‘‘disability,’’ after ‘‘religion,’’.

23 SEC. 5124. PENALTIES FOR DOCUMENT FRAUD.

24 (a) IN GENERAL.—Section 274C(3) of the Immigra25 tion and Nationality Act (8 U.S.C. 1324c(3)) is amended—
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1 (1) in subparagraph (A), by striking ‘‘not less

2 than $250 and not more than $2,000’’ and inserting

3 ‘‘not less than $1,000 and not more than $5,000’’;

4 and

5 (2) in subparagraph (B), by striking ‘‘not less

6 than $2,000 and not more than $5,000’’ and inserting

7 ‘‘not less than $5,000 and not more than $10,000’’.

8 (b) FRAUD AND MISUSE OF VISAS, PERMITS, AND

9 OTHER DOCUMENTS.—(1) Section 1546 of title 18, United

10 States Code, is amended—

11 (A) in subsection (a), by striking ‘‘not more than

12 five years’’ and inserting ‘‘not more than ten years’’;

13 and

14 (B) in subsection (b), by striking ‘‘not more than

15 two years’’ and inserting ‘‘not more than five years’’.

16 (2) Whoever commits an offense under section 1546(a)

17 or 1546(b) of title 18, United States Code, shall be fined,

18 in addition to the fines provided under such section,

19 $10,000 or $5,000, respectively.

20 (c) APPLICABILITY.—This section, and the amend21 ments made by this section, shall apply to offenses commit22 ted on or after the date of enactment of this Act.

23 SEC. 5125. USE OF ANTILOITERING LAWS TO FIGHT CRIME.

24 The Attorney General shall—
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1 (1) study the ways in which antiloitering laws

2 can be used, without violating the constitutional

3 rights of citizens as enunciated by the Supreme Court,

4 to eradicate open-air drug markets and other blatant

5 criminal activity;

6 (2) prepare a model antiloitering statute and

7 guidelines for enforcing the statute in such a manner

8 as to prevent, deter, and punish illegal drug activity

9 and other criminal activity; and

10 (3) make the results of the study and the model

11 statute and guidelines available to Federal, State, and

12 local law enforcement authorities.

13 SEC. 5126. VICTIMS OF CHILD ABUSE PROGRAMS.

14 (a) COURT-APPOINTED SPECIAL ADVOCATE PRO15 GRAM.—

16 (1) REAUTHORIZATION.—Section 218(a) of the

17 Victims of Child Abuse Act of 1990 (42 U.S.C.

18 13014(a)) is amended to read as follows:

19 ‘‘(a) AUTHORIZATION.—There are authorized to be ap20 propriated to carry out this subtitle—

21 ‘‘(1) $7,000,000 for fiscal year 1995; and

22 ‘‘(2) $10,000,000 for each of fiscal years 1996,

23 1997, and 1998.’’.

24 (2) TECHNICAL AMENDMENT.—Section 216 of the

25 Victims of Child Abuse Act of 1990 (42 U.S.C. 13012)
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1 is amended by striking ‘‘this chapter’’ and inserting

2 ‘‘this subtitle’’.

3 (b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL

4 PERSONNEL AND PRACTITIONERS.—

5 (1) REAUTHORIZATION.—Section 224(a) of the

6 Victims of Child Abuse Act of 1990 (42 U.S.C.

7 13024(a)) is amended to read as follows:

8 ‘‘(a) AUTHORIZATION.—There are authorized to be ap9 propriated to carry out this subtitle—

10 ‘‘(1) $7,000,000 for fiscal year 1995; and

11 ‘‘(2) $10,000,000 for each of fiscal years 1996,

12 1997, and 1998.’’.

13 (2) TECHNICAL AMENDMENT.—Section 221(b) of

14 the Victims of Child Abuse Act of 1990 (42 U.S.C.

15 13021(b)) is amended by striking ‘‘this chapter’’ and

16 inserting ‘‘this subtitle’’.

17 (c) GRANTS FOR TELEVISED TESTIMONY.—Title I of

18 the Omnibus Crime Control and Safe Streets Act of 1968

19 is amended—

20 (1) by amending section 1001(a)(7) (42 U.S.C.

21 3793(a)(7)) to read as follows:

22 ‘‘(7) There are authorized to be appropriated to carry

23 out part N—

24 ‘‘(A) $3,500,000 for fiscal year 1995; and
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1 ‘‘(B) $5,000,000 for each of fiscal years 1996,

2 1997, and 1998.’’;

3 (2) in section 1401 (42 U.S.C. 3796aa) by strik4 ing ‘‘and units of local government’’ and inserting ‘‘,

5 units of local government, and other public and pri6 vate organizations’’;

7 (3) in section 1402 (42 U.S.C. 3796aa–1) by

8 striking ‘‘to States, for the use of States and units of

9 local government in the States’’;

10 (4) in section 1403 (42 U.S.C. 3796aa–2)—

11 (A) by inserting ‘‘, unit of local government,

12 or other public or private organization’’ after ‘‘of

13 a State’’; and

14 (B) in paragraphs (3) and (4) by inserting

15 ‘‘in the case of an application by a State,’’ before

16 ‘‘an assurance’’;

17 (5) by striking section 1405 (42 U.S.C. 3796aa–

18 4); and

19 (6) in the table of contents by striking the item

20 for section 1405.

21 SEC. 5127. LAW DAY U.S.A.

22 (a) FINDINGS.—Congress finds that—

23 (1) the first day of May of each year has been

24 designated as ‘‘Law Day U.S.A.’’ and set aside as a

25 special day to advance equality and justice under
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1 law, to encourage citizen support for law enforcement

2 and law observance, and to foster respect for law and

3 an understanding of the essential place of law in the

4 life of every citizen of the United States;

5 (2) each day, police officers and other law en6 forcement personnel perform their duties unflinch7 ingly and without hesitation;

8 (3) each year tens of thousands of law enforce9 ment personnel are injured or assaulted in the course

10 of duty and many are killed;

11 (4) law enforcement personnel are devoted to

12 their jobs, are underpaid for their efforts, and are

13 tireless in their work; and

14 (5) law enforcement personnel perform their du15 ties without adequate recognition.

16 (b) EXPRESSION OF GRATITUDE.—In celebration of

17 ‘‘Law Day, U.S.A.’’, May 1, 1994, the grateful people of

18 this Nation give special emphasis to all law enforcement

19 personnel of the United States, and acknowledge the un20 flinching and devoted service law enforcement personnel

21 perform as such personnel help preserve domestic tran22 quillity and guarantee the legal rights of all individuals

23 of this Nation.
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1 SEC. 5128. TREATMENT OF INDIAN TRIBES UNDER TITLE I

2 OF THE OMNIBUS CRIME CONTROL AND SAFE

3 STREETS ACT OF 1968.

4 (a) MATCHING FUND SOURCE.—

5 (1) IN GENERAL.—Section 817 of title I of the

6 Omnibus Crime Control and Safe Streets Act of 1968

7 (42 U.S.C. 3789m) is amended—

8 (A) by amending the heading to read as fol9 lows:

10 ‘‘DISTRICT OF COLUMBIA AND INDIAN TRIBE MATCHING

11 FUND SOURCE’’;

12 (B) by inserting ‘‘(a) DISTRICT OF COLUM13 BIA.—’’ before ‘‘Funds’’; and

14 (C) by adding at the end the following new

15 subsection:

16 ‘‘(b) INDIAN TRIBES.—Funds appropriated by the

17 Congress for the activities of any agency of an Indian tribal

18 government or the United States Government performing

19 law enforcement functions on any Indian lands may be

20 used to provide the non-Federal share of the cost of pro21 grams or projects funded under this title.’’.

22 ‘‘(2) TECHNICAL AMENDMENT.—The table of con23 tents of title I of the Omnibus Crime Control and

24 Safe Streets Act of 1968 is amended by amending the

25 item relating to section 817 to read as follows:

‘‘Sec. 817. District of Columbia and Indian tribe matching fund source.’’.
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1 (b) DEFINITION.—Section 901 of the Omnibus Crime

2 Control and Safe Streets Act of 1968 (42 U.S.C. 3791) is

3 amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (22);

6 (2) by striking the period at the end of para7 graph (23) and inserting ‘‘; and’’; and

8 (3) by adding at the end the following new para9 graph:

10 ‘‘(24) ‘Indian tribe’ means a tribe, band, pueblo,

11 nation, or other organized group or community of In12 dians, including an Alaska Native village (as defined

13 in or established under the Alaska Native Claims Set14 tlement Act (43 U.S.C. 1601 et seq.), that is recog15 nized as eligible for the special programs and services

16 provided by the United States to Indians because of

17 their status as Indians.’’.

18 SEC. 5129. AGREEMENT TO ASSIST IN LOCATING MISSING

19 CHILDREN UNDER THE PARENT LOCATOR

20 SERVICE.

21 (a) IN GENERAL.—Section 463 of the Social Security

22 Act (42 U.S.C. 663) is amended by adding at the end the

23 following new subsection:

24 ‘‘(f) The Secretary shall enter into an agreement with

25 the Attorney General of the United States, under which the
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1 services of the Parent Locator Service established under sec2 tion 653 of this title shall be made available to the Office

3 of Juvenile Justice and Delinquency Prevention upon its

4 request for the purpose of locating any parent or child on

5 behalf of the Office of Juvenile Justice and Delinquency

6 Prevention. The Parent Locator Service shall charge no fees

7 for services requested pursuant to this subsection.’’.

8 (b) CONFORMING AMENDMENT.—Section 463(c) of

9 such Act (42 U.S.C. 663(c)) is amended by striking ‘‘(a),

10 (b) or (e)’’ and inserting ‘‘(a), (b), (e), or (f)’’.

11 (c) EFFECTIVE DATE.—The amendments made by this

12 section shall become effective on October 1, 1994.

13 SEC. 5130. SOLICITATION OF MINOR TO COMMIT CRIME.

14 (a) DIRECTIVE TO SENTENCING COMMISSION.—(1)

15 The United States Sentencing Commission shall promulgate

16 guidelines or amend existing guidelines to provide that a

17 defendant 18 years of age or older who has been convicted

18 of an offense shall receive an appropriate sentence enhance19 ment if the defendant involved a minor in the commission

20 of the offense.

21 (2) The Commission shall provide that the guideline

22 enhancement promulgate pursuant to paragraph (1) shall

23 apply for any offense in relation to which the defendant

24 has solicited, procured, recruited, counseled, encouraged,

25 trained, directed, commanded, intimidated, or otherwise
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1 used or attempted to use any person less than 18 years of

2 age with the intent that the minor would commit a Federal

3 offense.

4 (b) RELEVANT CONSIDERATIONS.—In implementing

5 the directive in subsection (a), the Sentencing Commission

6 shall consider—

7 (1) the severity of the crime that the defendant

8 intended the minor to commit;

9 (2) the number of minors that the defendant used

10 or attempted to use in relation to the offense;

11 (3) the fact that involving a minor in a crime

12 of violence is frequently of even greater seriousness

13 than involving a minor in a drug trafficking offense,

14 for which the guidelines already provide a two-level

15 enhancement; and

16 (4) the possible relevance of the proximity in age

17 between the offender and the minor(s) involved in the

18 offense.

19 SEC. 5131. ASYLUM.

20 (a) FINDINGS.—The Congress finds that—

21 (1) in the last decade applications for asylum

22 have greatly exceeded the original 5,000 annual limit

23 provided in the Refugee Act of 1980, with more than

24 150,000 asylum applications filed in fiscal year 1993,

25 and the backlog of cases growing to 340,000;
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1 (2) this flood of asylum claims has swamped the

2 system, creating delays in the processing of applica3 tions of up to several years;

4 (3) the delay in processing asylum claims due to

5 the overwhelming numbers has contributed to numer6 ous problems, including—

7 (A) an abuse of the asylum laws by fraudu8 lent applicants whose primary interest is obtain9 ing work authority in the United States while

10 their claim languishes in the backlogged asylum

11 processing system;

12 (B) the growth of alien smuggling oper13 ations, often involving organized crime;

14 (C) a drain on limited resources resulting

15 from the high cost of processing frivolous asylum

16 claims through our multi-layered system; and

17 (D) an erosion of public support for asy18 lum, which is a treaty obligation.

19 (4) asylum, a safe haven protection for aliens

20 abroad who cannot return home, has been perverted

21 by some aliens who use asylum claims to circumvent

22 our immigration and refugee laws and procedures;

23 and

24 (5) a comprehensive revision of our asylum law

25 and procedures is required to address these problems.
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1 (b) POLICY.—It is the sense of the Congress that—

2 (1) asylum is a process intended to protect aliens

3 in the United States who, because of events occurring

4 after their arrival here, cannot safely return home;

5 (2) persons outside their country of nationality

6 who have a well-founded fear of persecution if they re7 turn should apply for refugee status at one of our ref8 ugee processing offices abroad;

9 (3) the immigration, refugee and asylum laws of

10 the United States should be reformed to provide—

11 (A) a procedure for the expeditious exclu12 sion of any asylum applicant who arrives at a

13 port-of-entry with fraudulent documents, or no

14 documents, and makes a non-credible claim of

15 asylum; and

16 (B) the immigration, refugee and asylum

17 laws of the United States should be reformed to

18 provide for a streamlined affirmative asylum

19 processing system for asylum applicants who

20 make their application after they have entered

21 the United States.

22 SEC. 5132. FEDERAL JUDICIARY.

23 (a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

24 FOR THE FEDERAL JUDICIARY.—There is authorized to be

25 appropriated for the activities of the Federal Judiciary not
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1 to exceed $20,000,000 for fiscal year 1994, and not to exceed

2 $70,000,000 for each of the fiscal years 1995, 1996, 1997,

3 and 1998 to help meet the increased demands for judicial

4 activities which will result from enactment into law of this

5 Act.

6 (b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

7 FOR THE DEPARTMENT OF JUSTICE.—There is authorized

8 to be appropriated for the activities and agencies of the De9 partment of Justice, in addition to sums authorized else10 where in this section, not to exceed $25,000,000 for fiscal

11 year 1994, not to exceed $125,000,000 for fiscal year 1995,

12 and not to exceed $150,000,000 for each of the fiscal years

13 1996, 1997, and 1998 to help meet the increased demands

14 for Department of Justice activities which will result from

15 enactment into law of this Act.

16 (c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

17 FOR THE FEDERAL BUREAU OF INVESTIGATION.—There is

18 authorized to be appropriated for the activities of the Fed19 eral Bureau of Investigation not to exceed $20,000,000 for

20 fiscal year 1994, not to exceed $50,000,000 for fiscal year

21 1995, and not to exceed $60,000,000 for each of the fiscal

22 years 1996, 1997, and 1998 to help meet the increased de23 mands for Federal Bureau of Investigation activities which

24 will result from enactment into law of this Act.
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1 (d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS

2 FOR UNITED STATES ATTORNEYS.—There is authorized to

3 be appropriated for the account Department of Justice,

4 Legal Activities, ‘‘Salaries and expenses, United States At5 torneys’’ not to exceed $10,000,000 for fiscal year 1994, and

6 not to exceed $35,000,000 for each of the fiscal years 1995,

7 1996, 1997, and 1998 to help meet the increased demands

8 for litigation and related activities which will result from

9 enactment into law of this Act.

10 (e) Funds appropriated pursuant to this section are

11 authorized to remain available for obligation until ex12 pended.

13 (f) Funds authorized under this section may be appro14 priated from the Trust Fund established by section 1321C

15 of this Act.

16 SEC. 5133. CONTROL AND PREVENTION OF CRIME IN IN17 DIAN COUNTRY.

18 (a) DEFINITION.—As used in this Act, the term ‘‘In19 dian tribal government’’ means the governing body of a

20 tribe, band, pueblo, nation, or other organized group or

21 community of Indians, including an Alaska Native village

22 (as defined in or established under the Alaska Native

23 Claims Settlement Act (43 U.S.C. 1601 35 et seq.), that is

24 recognized as eligible for the special programs and services
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1 provided by the United States to Indians because of their

2 status as Indians.

3 (b) CONFORMING DEFINITION.—As used in this Act,

4 the term ‘‘State’’ means a State of the United States, the

5 District of Columbia, the Commonwealth of Puerto Rico,

6 the Virgin Islands of the United States, American Samoa,

7 Guam, the Commonwealth of the Northern Mariana Islands

8 and Indian tribal governments.

9 (c) MATCHING REQUIREMENTS.—Funds appropriated

10 by the Congress for the activities of any agency of an Indian

11 tribal government or the United States Government per12 forming law enforcement functions on any Indian lands

13 may be used to provide the non-Federal share of the cost

14 of programs or projects funded under this title.

15 (d) NONSUPPLANTING REQUIREMENT.—Funds made

16 available to Indian tribal governments shall not be used to

17 supplant funds supplied by the Department of the Interior,

18 but shall be used to increase the amount of funds that

19 would, in the absence of Federal funds received under this

20 Act, be made available from funds supplied by the Depart21 ment of the Interior.
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1 SEC. 5134. CIVIL STATUTE OF LIMITATIONS FOR TORT AC2 TIONS BROUGHT BY THE RTC.

3 (a) RESOLUTION TRUST CORPORATION.—Section

4 11(d)(14) of the Federal Deposit Insurance Act (12 U.S.C.

5 1821(d)(14)) is amended—

6 (1) in subparagraph (A)(ii), by inserting ‘‘except

7 as provided in subparagraph (B),’’ before ‘‘in the case

8 of’’;

9 (2) by redesignating subparagraph (B) as sub10 paragraph (C);

11 (3) by inserting after subparagraph (A) the fol12 lowing new subparagraph:

13 ‘‘(B) TORT ACTIONS BROUGHT BY THE RESOLU14 TION TRUST CORPORATION.—The applicable statute of

15 limitations with regard to any action in tort brought

16 by the Resolution Trust Corporation in its capacity

17 as conservator or receiver of a failed savings associa18 tion shall be the longer of—

19 ‘‘(i) the 5-year period beginning on the date

20 the claim accrues; or

21 ‘‘(ii) the period applicable under State

22 law.’’; and

23 (4) in subparagraph (C), as redesignated—

24 (A) by striking ‘‘subparagraph (A)’’ and in25 serting ‘‘subparagraphs (A) and (B)’’; and
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1 (B) by striking ‘‘such subparagraph’’ and

2 inserting ‘‘such subparagraphs’’.

3 (b) EFFECTIVE DATE; TERMINATION; FDIC AS SUC4 CESSOR.—

5 (1) EFFECTIVE DATE.—The amendments made

6 by subsection (a) shall be construed to have the same

7 effective date as section 212 of the Financial Institu8 tions Reform, Recovery, and Enforcement Act of 1989.

9 (2) TERMINATION.—The amendments made by

10 subsection (a) shall remain in effect only until the

11 termination of the Resolution Trust Corporation.

12 (3) FDIC AS SUCCESSOR TO THE RTC.—The

13 Federal Deposit Insurance Corporation, as successor

14 to the Resolution Trust Corporation, shall have the

15 right to pursue any tort action that was properly

16 brought by the Resolution Trust Corporation prior to

17 the termination of the Resolution Trust Corporation.

18 SEC. 5135. AWARDS OF PELL GRANTS TO PRISONERS PRO19 HIBITED.

20 (a) IN GENERAL.—Section 401(b)(8) the Higher Edu21 cation Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to

22 read as follows:

23 ‘‘(8) No basic grant shall be awarded under this sub24 part to any individual who is incarcerated in any Federal,

25 State or local penal institution.’’.
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1 (b) CONFORMING AMENDMENTS.—

2 (1) COST OF ATTENDANCE.—Section 472 of such

3 Act (20 U.S.C. 1087ll) is amended—

4 (A) by striking paragraph (6); and

5 (B) by redesignating paragraphs (7), (8),

6 (9), (10) and (11) as paragraphs (6), (7), (8),

7 (9) and (10), respectively.

8 (2) TECHNICAL AMENDMENTS.—Section

9 401(b)(3)(B) of such Act (20 U.S.C. 1070a(b)(3)(B))

10 is amended—

11 (A) by striking ‘‘472(8)’’ and inserting

12 ‘‘472(7)’’; and

13 (B) by striking ‘‘472(9)’’ and inserting

14 ‘‘472(8)’’.

15 (c) EFFECTIVE DATE.—The amendments made by this

16 section shall apply with respect to periods of enrollment be17 ginning on or after the date of enactment of this Act.

18 SEC. 5136. TRANSFER OF CERTAIN ALIEN CRIMINALS TO

19 FEDERAL FACILITIES.

20 (a) DEFINITION.—In this section, ‘‘criminal alien who

21 has been convicted of a felony and is incarcerated in a State

22 or local correctional facility’’ means an alien who—

23 (1)(A) is in the United States in violation of the

24 immigration laws; or
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1 (B) is deportable or excludable under the provi2 sions of the Immigration and Nationality Act, as

3 amended (8 U.S.C. 1101 et seq.); and

4 (2) has been convicted of a felony under State or

5 local law and incarcerated in a correctional facility

6 of the State or a subdivision of the State.

7 (b) FEDERAL CUSTODY.—Subject to the availability of

8 appropriations, at the request of a State or political sub9 division of a State, the Attorney General may—

10 (1)(A) take custody of a criminal alien who has

11 been convicted of a felony and is incarcerated in a

12 State or local correctional facility; and

13 (B) provide for the imprisonment of the criminal

14 alien in a Federal prison in accordance with the sen15 tence of the State court; or

16 (2) enter into a contractual arrangement with

17 the State or local government to compensate the State

18 or local government for incarcerating alien criminals

19 for the duration of their sentences.

20 SEC. 5137. FEDERAL ASSISTANCE TO EASE THE INCREASED

21 BURDENS ON STATE COURT SYSTEMS RE22 SULTING FROM ENACTMENT OF THIS ACT.

23 (a) IN GENERAL.—The Attorney General, acting

24 through the Director of the Bureau of Justice Assistance (the

25 Director), shall, subject to the availability of appropriation,
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1 make grants for States and units of local government to

2 pay the costs of providing increased resources for courts,

3 prosecutors, public defenders, and other criminal justice

4 participants as necessary to meet the increased demands for

5 judicial activities resulting from the provisions of this Act

6 and amendments made by this Act.

7 (b) APPLICATIONS.—In carrying out this section, the

8 Director is authorized to make grants to, or enter into con9 tracts with public or private agencies, institutions, or orga10 nizations or individuals to carry out any purpose specified

11 in this section. The Director shall have final authority over

12 all funds awarded under this section.

13 (c) RECORDS.—Each recipient that receives a grant

14 under this section shall keep such records as the Director

15 may require to facilitate an effective audit.

16 (d) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There is authorized to be ap18 propriated to carry out this section $100,000,000 for

19 each of fiscal years 1994, 1995, 1996, 1997, and 1998,

20 to remain available for obligation until expended.

21 (2) USE OF TRUST FUND.—Funds authorized to

22 be appropriated under paragraph (1) may be appro23 priated from the trust fund established by section

24 1321C.
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1 SEC. 5138. TO IMPROVE FEDERAL AND STATE AUTOMATED

2 FINGERPRINT SYSTEMS TO IDENTIFY MORE

3 CRIMINAL SUSPECTS.

4 The FBI shall report by June 1994 to the Congress

5 regarding how it can accelerate and improve automatic fin6 gerprint systems at the State and Federal level in order

7 to use fingerprints found at the scene of a crime to identify

8 more criminal suspects more quickly and effectively.

9 SEC. 5139. APPROPRIATE REMEDIES FOR PRISON OVER10 CROWDING.

11 (a) AMENDMENT OF TITLE 18, UNITED STATES

12 CODE.—Subchapter C of chapter 229 of part 2 of title 18,

13 United States Code, is amended by adding at the end the

14 following new section:

15 ‘‘§ 3626. Appropriate remedies with respect to prison

16 crowding

17 ‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO

18 THE PLAINTIFF IN PARTICULAR.—

19 ‘‘(1) HOLDING.—A Federal court shall not hold

20 prison or jail crowding unconstitutional under the

21 eighth amendment except to the extent that an indi22 vidual plaintiff inmate proves that the crowding

23 causes the infliction of cruel and unusual punishment

24 of that inmate.

25 ‘‘(2) RELIEF.—The relief in a case described in

26 paragraph (1) shall extend no further than necessary
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1 to remove the conditions that are causing the cruel

2 and unusual punishment of the plaintiff inmate.

3 ‘‘(b) INMATE POPULATION CEILINGS.—

4 ‘‘(1) REQUIREMENT OF SHOWING WITH RESPECT

5 TO PARTICULAR PRISONERS.—A Federal court shall

6 not place a ceiling on the inmate population of any

7 Federal, State, or local detention facility as an equi8 table remedial measure for conditions that violate the

9 eighth amendment unless crowding is inflicting cruel

10 and unusual punishment on particular identified

11 prisoners.

12 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

13 shall not be construed to have any effect on Federal

14 judicial power to issue equitable relief other than that

15 described in paragraph (1), including the requirement

16 of improved medical or health care and the imposi17 tion of civil contempt fines or damages, where such

18 relief is appropriate.

19 ‘‘(c) PERIODIC REOPENING.—Each Federal court

20 order or consent decree seeking to remedy an eighth amend21 ment violation shall be reopened at the behest of a defendant

22 for recommended modification at a minimum of 2-year in23 tervals.’’.

24 (b) APPLICATION OF AMENDMENT.—Section 3626 of

25 title 18, United States Code, as added by paragraph (1),
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1 shall apply to all outstanding court orders on the date of

2 enactment of this Act. Any State or municipality shall be

3 entitled to seek modification of any outstanding eighth

4 amendment decree pursuant to that section.

5 (c) TECHNICAL AMENDMENT.—The subchapter analy6 sis for subchapter C of chapter 229 of title 18, United States

7 Code, is amended by adding at the end the following new

8 item:

‘‘3626. Appropriate remedies with respect to prison crowding.’’.

9 (d) SUNSET PROVISION.—This section and the amend10 ments made by this section are repealed effective as of the

11 date that is 5 years after the date of enactment of this Act.

12 SEC. 5140. ESTABLISHMENT OF COMMUNITY PROGRAMS ON

13 DOMESTIC VIOLENCE.

14 The Family Violence Prevention and Services Act (42

15 U.S.C. 10401 et seq.) is amended by adding at the end the

16 following new section:

17 ‘‘SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INI18 TIATIVES.

19 ‘‘(a) IN GENERAL.—The Secretary shall provide grants

20 to nonprofit private organizations to establish projects in

21 local communities involving many sectors of each commu22 nity to coordinate intervention and prevention of domestic

23 violence.

24 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

25 this section, an entity—
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1 ‘‘(1) shall be a nonprofit organization organized

2 for the purpose of coordinating community projects

3 for the intervention in and prevention of domestic vi4 olence;

5 ‘‘(2) shall include representatives of pertinent

6 sectors of the local community, which may include the

7 following—

8 ‘‘(A) health care providers;

9 ‘‘(B) the education community;

10 ‘‘(C) the religious community;

11 ‘‘(D) the justice system;

12 ‘‘(E) domestic violence program advocates;

13 ‘‘(F) human service entities such as State

14 child services divisions;

15 ‘‘(G) business and civic leaders; and

16 ‘‘(H) other pertinent sectors.

17 ‘‘(c) APPLICATIONS.—An organization that desires to

18 receive a grant under this section shall submit to the Sec19 retary an application, in such form and in such manner

20 as the Secretary shall prescribe through notice in the Fed21 eral Register, that—

22 ‘‘(1) demonstrates that the applicant will serve a

23 community leadership function, bringing together

24 opinion leaders from each sector of the community to
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1 develop a coordinated community consensus opposing

2 domestic violence;

3 ‘‘(2) demonstrates a community action compo4 nent to improve and expand current intervention and

5 prevention strategies through increased communica6 tion and coordination among all affected sectors;

7 ‘‘(3) includes a complete description of the appli8 cant’s plan for the establishment and operation of the

9 community project, including a description of—

10 ‘‘(A) the method for identification and selec11 tion of an administrative committee made up of

12 persons knowledgeable in domestic violence to

13 oversee the project, hire staff, assure compliance

14 with the project outline, and secure annual eval15 uation of the project;

16 ‘‘(B) the method for identification and selec17 tion of project staff and a project evaluator;

18 ‘‘(C) the method for identification and selec19 tion of a project council consisting of representa20 tives of the community sectors listed in sub21 section (b)(2);

22 ‘‘(D) the method for identification and se23 lection of a steering committee consisting of rep24 resentatives of the various community sectors
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1 who will chair subcommittees of the project coun2 cil focusing on each of the sectors; and

3 ‘‘(E) a plan for developing outreach and

4 public education campaigns regarding domestic

5 violence; and

6 ‘‘(4) contains such other information, agree7 ments, and assurances as the Secretary may require.

8 ‘‘(d) TERM.—A grant provided under this section may

9 extend over a period of not more than 3 fiscal years.

10 ‘‘(e) CONDITIONS ON PAYMENT.—Payments under a

11 grant under this section shall be subject to—

12 ‘‘(1) annual approval by the Secretary; and

13 ‘‘(2) availability of appropriations.

14 ‘‘(f) GEOGRAPHICAL DISPERSION.—The Secretary

15 shall award grants under this section to organizations in

16 communities geographically dispersed throughout the coun17 try.

18 ‘‘(g) USE OF GRANT MONIES.—

19 ‘‘(1) IN GENERAL.—A grant made under sub20 section (a) shall be used to establish and operate a

21 community project to coordinate intervention and

22 prevention of domestic violence.

23 ‘‘(2) REQUIREMENTS.—In establishing and oper24 ating a project, a nonprofit private organization

25 shall—
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1 ‘‘(A) establish protocols to improve and ex2 pand domestic violence intervention and preven3 tion strategies among all affected sectors;

4 ‘‘(B) develop action plans to direct re5 sponses within each community sector that are

6 in conjunction with development in all other sec7 tors; and

8 ‘‘(C) provide for periodic evaluation of the

9 project with a written report and analysis to as10 sist application of this concept in other commu11 nities.

12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to carry out this sec14 tion—

15 ‘‘(1) $20,000,000 for fiscal year 1995; and

16 ‘‘(2) such sums as are necessary for fiscal years

17 1996, 1997, and 1998,

18 to remain available until expended.

19 ‘‘(i) REGULATIONS.—Not later than 60 days after the

20 date of enactment of this section, the Secretary shall publish

21 proposed regulations implementing this section. Not later

22 than 120 days after the date of enactment, the Secretary

23 shall publish final regulations implementing this section.’’.

24 SEC. 5141. SENSE OF THE SENATE.

25 (a) DECLARATIONS.—The Congress declares that—
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1 (1) it is the stated purpose of this Act, in part,

2 to rehire law enforcement officers who have been laid

3 off as a result of State and local budget reductions in

4 community-oriented policing and to hire new, addi5 tional career law enforcement officers for deployment

6 in community-oriented policing across the Nation;

7 (2) this affirms that local law enforcement must

8 remain the sole prerogative of local government under

9 their respective jurisdictions and authorities;

10 (3) a key element to fighting crime in America

11 is to put more police officers on the street, and the

12 Senate, in an effort to help the States and localities

13 hire additional police officers in the short term, will,

14 through the trust fund established by this Act, make

15 funds available to local units of government for this

16 purpose;

17 (4) The Senate should not add to the financial

18 burden on local communities is reduced so that essen19 tial local services can be paid for by local government;

20 (5) the United States Conference of Mayors, on

21 October 27, 1993, issued a study outlining the cost of

22 just 10 unfunded Federal mandates on the reporting

23 cities, and found the cost to those cities to be

24 $54,000,000,000.
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1 (b) SENSE OF SENATE.—It is the sense of the Senate

2 that—

3 (1) local law enforcement must remain the sole

4 prerogative of local government under their respective

5 jurisdictions and authorities; and

6 (2) one way of providing more funds to units of

7 local government for law enforcement is to aggres8 sively address the issue of unfunded Federal man9 dates.

10 SEC. 5142. CHILD-CENTERED ACTIVITIES.

11 (a) SHORT TITLE.—This section may be cited as the

12 ‘‘Community Schools Youth Services and Supervision

13 Grant Program Act of 1993’’.

14 (b) SENSE OF CONGRESS.—It is the sense of Congress

15 that—

16 (1) public-private partnerships between govern17 ment and community-based organizations offer an op18 portunity to—

19 (A) empower distressed and disconnected

20 communities to develop their resources and abili21 ties in order to meet the needs of children;

22 (B) forge innovative solutions to the chal23 lenges confronting the development of the chil24 dren in such communities; and
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1 (C) create environments where children

2 grow up learning a healthy respect for them3 selves, for neighbors, and for their communities;

4 (2) increased resources should be invested in pub5 lic-private partnerships; and

6 (3) community-based organizations, acting

7 through such public-private partnerships—

8 (A) should provide year-round supervised

9 sports programs, and extracurricular and aca10 demic programs, for children in the commu11 nities; and

12 (B) in providing such extracurricular and

13 academic programs, should promote the positive

14 character development of such children through

15 programs such as curriculum-based supervised

16 educational, work force preparation, entrepre17 neurship, cultural, and health programs, social

18 activities, arts and crafts programs, dance pro19 grams, tutorial and mentoring programs, and

20 other related activities.

21 (c) FINDINGS.—The Congress finds that—

22 (1) parents are devoting less time than in pre23 vious generations to the supervision, education, and

24 nurturing of their children;
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1 (2) the lack of supervision and meaningful activ2 ity after school contributes to the spread of violent ju3 venile delinquency in the form of youth and gang vio4 lence, drug trafficking, dangerous and self-destructive

5 behavior, and lack of hope among children in our Na6 tion;

7 (3) every child has the capacity to be productive

8 and law abiding and deserves to grow in a safe and

9 protected environment;

10 (4) communities have a responsibility to develop

11 the children of our Nation into productive adults;

12 (5) because of their centrality, public schools are

13 among the best facilities that communities can use to

14 provide needed space and support services for pro15 grams for children;

16 (6) schools are most effective at serving a com17 munity when the people of the community are in18 volved in activities designed to fulfill the needs of

19 children in the community; and

20 (7) activities provided in community centers,

21 recreational facilities, and other places where children

22 gather, have a significant impact and influence on

23 the behavior and attitudes of children.

24 (d) DEFINITIONS.—As used in this section:
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1 (1) COUNCIL.—The term ‘‘Council’’ means the

2 Ounce of Prevention Council.

3 (2) CHILD.—The term ‘‘child’’ means an indi4 vidual who is not younger than 5 and not older than

5 18.

6 (3) COMMUNITY-BASED ORGANIZATION.—The

7 term ‘‘community-based organization’’ means a pri8 vate, locally initiated community-based organization

9 that—

10 (A) is a nonprofit organization, as defined

11 in section 103(23) of the Juvenile Justice and

12 Delinquency Prevention Act of 1974 (42 U.S.C.

13 5603(23)); and

14 (B) is operated by a consortium of service

15 providers, consisting of representatives of 5 or

16 more of the following categories of persons:

17 (i) Residents of the community.

18 (ii) Business and civic leaders actively

19 involved in providing employment and

20 business development opportunities in the

21 community.

22 (iii) Educators.

23 (iv) Religious organizations.

24 (v) Law enforcement agencies.

25 (vi) Public housing agencies.
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1 (vii) State government.

2 (viii) Other public agencies.

3 (ix) Other interested parties.

4 (4) ELIGIBLE COMMUNITY.—The term ‘‘eligible

5 community’’ means an area identified pursuant to

6 subsection (g).

7 (5) POVERTY LINE.—The term ‘‘poverty line’’

8 means the income official poverty line (as defined by

9 the Office of Management and Budget, and revised

10 annually in accordance with section 673(2) of the

11 Community Services Block Grant Act (42 U.S.C.

12 9902(2)) applicable to a family of the size involved.

13 (6) PUBLIC SCHOOL.—The term ‘‘public school’’

14 means a public elementary school, as defined in sec15 tion 1201(i) of the Higher Education Act of 1965 (20

16 U.S.C. 1141(i)), and a public secondary school, as de17 fined in section 1201(d) of such Act.

18 (7) STATE.—The term ‘‘State’’ means each of the

19 several States of the United States, the District of Co20 lumbia, the Commonwealth of Puerto Rico, the Com21 monwealth of the Northern Mariana Islands, Amer22 ican Samoa, Guam, and the United States Virgin Is23 lands.

24 (e) PROGRAM AUTHORITY.—

25 (1) IN GENERAL.—
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1 (A) ALLOCATIONS FOR STATES.—For any

2 fiscal year in which the sums appropriated to

3 carry out this section equal or exceed

4 $20,000,000, from the sums appropriated to

5 carry out this subsection, the Council shall allo6 cate, for grants under subparagraph (B) to com7 munity-based organizations in each State, an

8 amount bearing the same ratio to such sums as

9 the number of children in the State who are from

10 families with incomes below the poverty line

11 bears to the number of children in all States who

12 are from families with incomes below the poverty

13 line.

14 (B) GRANTS TO COMMUNITY-BASED ORGANI15 ZATIONS FROM ALLOCATIONS.—For such a fiscal

16 year, the Council may award grants from the

17 appropriate State allocation determined under

18 subparagraph (A) to eligible community-based

19 organizations to pay for the Federal share of as20 sisting eligible communities to develop and carry

21 out programs in accordance with this section.

22 (C) REALLOCATION.—If, at the end of such

23 a fiscal year, the Council determines that funds

24 allocated for community-based organizations in

25 a State under subparagraph (B) remain unobli-
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1 gated, the Council may use such funds to award

2 grants to eligible community-based organizations

3 in another State to pay for such Federal share.

4 In awarding such grants, the Council shall con5 sider the need to maintain geographic diversity

6 among the recipients of such grants. Amounts

7 made available through such grants shall remain

8 available until expended.

9 (2) OTHER FISCAL YEARS.—For any fiscal year

10 in which the sums appropriated to carry out this sec11 tion are less than $20,000,000, the Council may

12 award grants on a competitive basis to eligible com13 munity-based organizations to pay for the Federal

14 share of assisting eligible communities to develop and

15 carry out programs in accordance with this section.

16 (f) PROGRAM REQUIREMENTS.—

17 (1) LOCATION.—A community-based organiza18 tion that receives a grant under this section to assist

19 in carrying out such a program shall ensure that the

20 program is carried out—

21 (A) where appropriate, in the facilities of a

22 public school during nonschool hours; or

23 (B) in another appropriate local facility in

24 a State, such as a college or university, a local
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1 or State park or recreation center, church, or

2 military base, that is—

3 (i) in a location that is easily acces4 sible to children in the community; and

5 (ii) in compliance with all applicable

6 local ordinances.

7 (2) USE OF FUNDS.—Such community-based or8 ganization—

9 (A) shall use funds made available through

10 the grant to provide, to children in the eligible

11 community, services and activities that—

12 (i) shall include supervised sports pro13 grams, and extracurricular and academic

14 programs, that are offered—

15 (I) after school and on weekends

16 and holidays, during the school year;

17 and

18 (II) as daily full-day programs

19 (to the extent available resources per20 mit) or as part-day programs, during

21 the summer months; and

22 (B) in providing such extracurricular and

23 academic programs, shall provide programs such

24 as curriculum-based supervised educational,

25 work force preparation, entrepreneurship, cul-
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1 tural, and health programs, social activities, arts

2 and crafts programs, dance programs, tutorial

3 and mentoring programs, and other related ac4 tivities;

5 (C) may use—

6 (i) such funds for the renovation of fa7 cilities that are in existence prior to the op8 eration of the program for which the orga9 nization receives the grant, purchase of

10 sporting and recreational equipment and

11 supplies, purchase (or lease) and repair of

12 vehicles for transporting participants in the

13 program, hiring of instructors and other

14 staff, provision of meals for such partici15 pants, provision of health services consisting

16 of an initial basic physical examination,

17 provision of first aid and nutrition guid18 ance, and substance abuse treatment where

19 appropriate; and

20 (ii) not more than 10 percent of such

21 funds to pay for the administrative costs of

22 the program; and

23 (D) may not use such funds to provide sec24 tarian worship or instruction.

25 (g) ELIGIBLE COMMUNITY IDENTIFICATION.—
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1 (1) IDENTIFICATION.—To be eligible to receive a

2 grant under this section, a community-based organi3 zation shall identify an eligible community to be as4 sisted under this section.

5 (2) CRITERIA.—Such eligible community shall be

6 an area that meets such criteria with respect to sig7 nificant poverty and significant juvenile delinquency,

8 and such additional criteria, as the Council may by

9 regulation require.

10 (h) APPLICATIONS.—

11 (1) APPLICATION REQUIRED.—To be eligible to

12 receive a grant under this section, a community-based

13 organization shall submit an application to the Coun14 cil at such time, in such manner, and accompanied

15 by such information, as the Council may reasonably

16 require, and obtain approval of such application.

17 (2) CONTENTS OF APPLICATION.—Each applica18 tion submitted pursuant to paragraph (1) shall—

19 (A) describe the activities and services to be

20 provided through the program for which the

21 grant is sought;

22 (B) contain an assurance that the commu23 nity-based organization will spend grant funds

24 received under this section in a manner that the
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1 community-based organization determines will

2 best accomplish the objectives of this section;

3 (C) contain a comprehensive plan for the

4 program that is designed to achieve identifiable

5 goals for children in the eligible community;

6 (D) set forth measurable goals and outcomes

7 for the program that—

8 (i) will—

9 (I) where appropriate, make a

10 public school the focal point of the eli11 gible community; or

12 (II) make a local facility de13 scribed in subsection (f)(1)(B) such a

14 focal point; and

15 (ii) may include reducing the percent16 age of children in the eligible community

17 that enter the juvenile justice system, in18 creasing the graduation rates, school attend19 ance, and academic success of children in

20 the eligible community, and improving the

21 skills of program participants;

22 (E) provide evidence of support for accom23 plishing such goals and outcomes from—

24 (i) community leaders;

25 (ii) businesses;
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1 (iii) a school district;

2 (iv) local officials;

3 (v) State officials; and

4 (vi) other organizations that the com5 munity-based organization determines to be

6 appropriate;

7 (F) contain an assurance that the commu8 nity-based organization will use grant funds re9 ceived under this section to provide children in

10 the eligible community with activities and serv11 ices that shall include supervised sports pro12 grams, and extracurricular and academic pro13 grams, in accordance with subparagraphs (A)

14 and (B) of subsection (f)(2);

15 (G) contain a list of the activities and serv16 ices that will be offered through the program for

17 which the grant is sought and sponsored by pri18 vate nonprofit organizations, individuals, and

19 groups serving the eligible community, includ20 ing—

21 (i) extracurricular and academic pro22 grams, such as programs described in sub23 section (f)(2)(B); and

24 (ii) activities that address specific

25 needs in the community;
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1 (H) demonstrate the manner in which the

2 community-based organization will make use of

3 the resources, expertise, and commitment of pri4 vate entities in carrying out the program for

5 which the grant is sought;

6 (I) include an estimate of the number of

7 children in the eligible community expected to be

8 served pursuant to the program;

9 (J) include a description of charitable pri10 vate resources, and all other resources, that will

11 be made available to achieve the goals of the pro12 gram;

13 (K) contain an assurance that the commu14 nity-based organization will use competitive pro15 cedures when purchasing, contracting, or other16 wise providing for goods, activities, or services to

17 carry out programs under this section;

18 (L) contain an assurance that the program

19 will maintain a ratio of at least 1 staff member

20 (including volunteers) for each 20 participants

21 in the program;

22 (M) contain an assurance that the program

23 will maintain an average attendance rate of not

24 less than 75 percent of the participants enrolled
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1 in the program, or will enroll additional partici2 pants in the program;

3 (N) contain an assurance that the commu4 nity-based organization will comply with any

5 evaluation under subsection (m), any research ef6 fort authorized under Federal law, and any in7 vestigation by the Council;

8 (O) contain an assurance that the commu9 nity-based organization shall prepare and sub10 mit to the Council an annual report regarding

11 any program conducted under this section;

12 (P) contain an assurance that the program

13 for which the grant is sought will, to the maxi14 mum extent possible, incorporate services that

15 are—

16 (i) provided by program volunteers,

17 parents, adult mentors, drug and alcohol

18 abuse counselors, teachers, clergy, or other

19 persons providing tutoring and college or

20 vocational preparation; and

21 (ii) provided solely through non-Fed22 eral private or nonprofit sources; and

23 (Q) contain an assurance that the commu24 nity-based organization will maintain separate

25 accounting records for the program.
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1 (3) PRIORITY.—In awarding grants to carry out

2 programs under this section, the Council shall give

3 priority to community-based organizations who sub4 mit applications that demonstrate the greatest effort

5 in generating local support for the programs.

6 (i) ELIGIBILITY OF PARTICIPANTS.—

7 (1) IN GENERAL.—To the extent possible, each

8 child who resides in an eligible community shall be

9 eligible to participate in a program carried out in

10 such community that receives assistance under this

11 section.

12 (2) EXCLUSION.—

13 (A) NONDISCRIMINATION.—Except as pro14 vided in subparagraph (B), in selecting children

15 to participate in a program that receives assist16 ance under this section, a community-based or17 ganization shall not discriminate on the basis of

18 race, color, religion, sex, national origin, or dis19 ability.

20 (B) EXCEPTION.—In selecting children to so

21 participate, a community-based organization

22 may exclude a child from participation in such

23 a program if the organization determines that

24 the child has behavior problems that pose an un25 acceptable risk of injury or illness to other par-
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1 ticipants or has a physical or mental disability

2 so serious that the child would be unable to par3 ticipate in the program with reasonable accom4 modation.

5 (C) PARENTAL APPROVAL.—To be eligible to

6 participate in a program that receives assistance

7 under this section, a child shall provide the ex8 press written approval of a parent or guardian,

9 and shall submit an official application and

10 agree to the terms and conditions of participa11 tion in the program.

12 (j) PEER REVIEW PANEL.—

13 (1) ESTABLISHMENT.—The Council shall estab14 lish a peer review panel that shall be comprised of in15 dividuals with demonstrated experience in designing

16 and implementing community-based programs.

17 (2) COMPOSITION.—Such panel shall include at

18 least 1 representative from each of the following:

19 (A) A community-based organization.

20 (B) A local government.

21 (C) A school district.

22 (D) The private sector.

23 (E) A charitable organization.
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1 (F) A representative of the United States

2 Olympic Committee, at the option of such Com3 mittee.

4 (3) FUNCTIONS.—Such panel shall conduct the

5 initial review of all grant applications received by the

6 Council under subsection (h), make recommendations

7 to the Council regarding—

8 (A) grant funding under this section;

9 (B) a design for the evaluation of programs

10 assisted under this section; and

11 (C) methods for achieving effective coordina12 tion between programs carried out under this

13 section and programs carried out through Olym14 pic Youth Development Centers under section

15 5143.

16 (k) INVESTIGATIONS AND INSPECTIONS.—The Council

17 may conduct such investigations and inspections as may

18 be necessary to ensure compliance with the provisions of

19 this section.

20 (l) FEDERAL SHARE.—

21 (1) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

22 SHARE.—

23 (A) PAYMENTS.—The Council shall, subject

24 to the availability of appropriations, pay to each

25 community-based organization having an appli-
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1 cation approved under subsection (h) the Federal

2 share of the costs of developing and carrying out

3 programs referred to in subsection (e).

4 (B) FEDERAL SHARE.—The Federal share

5 of such costs shall be—

6 (i) 75 percent for each of the fiscal

7 years 1994 and 1995;

8 (ii) 70 percent for fiscal year 1996;

9 and

10 (iii) 60 percent for fiscal year 1997.

11 (2) NON-FEDERAL SHARE.—

12 (A) IN GENERAL.—The non-Federal share of

13 such costs may be in cash or in kind, fairly eval14 uated, including plant, equipment, and services

15 (including the services described in subsection

16 (h)(2)(P)).

17 (B) SPECIAL RULE.—At least 15 percent of

18 the non-Federal share of such costs shall be pro19 vided from private or nonprofit sources.

20 (m) EVALUATION.—The Council shall conduct a thor21 ough evaluation of the programs assisted under this section,

22 which shall include an assessment of—

23 (1) the number of children participating in each

24 program assisted under this section;

25 (2) the academic achievement of such children;
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1 (3) school attendance and graduation rates of

2 such children; and

3 (4) the number of such children being processed

4 by the juvenile justice system.

5 (n) AUTHORIZATION OF APPROPRIATIONS.—There are

6 authorized to be appropriated, from the amounts in the Vio7 lent Crime Reduction Trust Fund established under section

8 1115 of title 31, United States Code, $100,000,000 for each

9 of the fiscal years 1994, 1995, 1996, and 1997 to carry out

10 this section.

11 SEC. 5143. OLYMPIC YOUTH DEVELOPMENT CENTERS.

12 (a) DEFINITIONS.—As used in this section:

13 (1) COUNCIL.—The term ‘‘Council’’ means the

14 Ounce of Preventation Council.

15 (2) CHILD.—The term ‘‘child’’ means an indi16 vidual who is not younger than 8 and not older than

17 18.

18 (3) COMMITTEE.—The term ‘‘Committee’’ means

19 the United States Olympic Committee.

20 (b) GRANT.—The Council may make a grant to United

21 States Olympic Committee for the purpose of establishing

22 Olympic Youth Development Centers and carrying out pro23 grams through such centers.

24 (c) PROGRAM REQUIREMENTS.—
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1 (1) LOCATION.—The Committee, on receiving a

2 grant under this section to establish such a center

3 shall ensure that the center is established in an ap4 propriate facility in a State, such as a college or uni5 versity, a local or State park or recreation center,

6 church, or military base, that is—

7 (A) in a location that is easily accessible to

8 children in the community; and

9 (B) in compliance with all applicable local

10 ordinances.

11 (2) CENTERS.—The Committee shall, subject to

12 the availability of appropriations, not later than 1

13 year after the date of enactment of this Act, establish

14 not fewer than 6 such centers, and shall, subject to the

15 availability of appropriations, to the extent possible,

16 establish not less than 1 such center in each State by

17 fiscal year 1997. In selecting locations for such cen18 ters, the Committee shall consider the need to main19 tain geographic diversity, and to maintain a balance

20 of urban and rural locations for such centers.

21 (3) USE OF FUNDS.—The Committee—

22 (A) may use funds made available through

23 the grant to provide supervised sports and recre24 ation programs that are offered—
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1 (i) after school and on weekends and

2 holidays, during the school year; and

3 (ii) as daily (or weeklong) full-day

4 programs (to the extent available resources

5 permit) or as part-day programs, during

6 the summer months;

7 (B) may use—

8 (i) such funds for the renovation of fa9 cilities that are in existence prior to the op10 eration of the program for which the Com11 mittee receives the grant, purchase of sport12 ing and recreational equipment and sup13 plies, purchase (or lease) and repair of vehi14 cles for transporting participants in the

15 program, hiring of instructors and other

16 staff, provision of meals for such partici17 pants, provision of health services consisting

18 of an initial basic physical examination,

19 and provision of first aid and nutrition

20 guidance; and

21 (ii) not more than 10 percent of such

22 funds to pay for the administrative costs of

23 the program; and

24 (C) may not use such funds to provide sec25 tarian worship or instruction.
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1 (4) DESIGNATION.—The Committee may, at the

2 discretion of the Committee, designate facilities

3 through which programs are carried out under the

4 Community Schools Youth Services and Supervision

5 Grant Program Act of 1993 as Olympic Youth Devel6 opment Centers. Such designation shall not entitle the

7 programs to receive assistance under this section.

8 (5) EXECUTIVE DIRECTOR.—The Committee

9 shall appoint an Executive Director to coordinate the

10 centers and programs described in subsection (b), and

11 shall appoint a Director for each such center to carry

12 out such programs at the center.

13 (d) APPLICATION.—

14 (1) IN GENERAL.—To be eligible to receive a

15 grant under this section, the Committee shall submit

16 an application to the Council at such time, in such

17 manner, and accompanied by such information, as

18 the Council may reasonably require, and obtain ap19 proval of such application.

20 (2) CONTENTS OF APPLICATION.—The applica21 tion submitted pursuant to paragraph (1) shall—

22 (A) contain an assurance that the program

23 to be carried out through the center for which the

24 grant is sought will maintain an average attend25 ance rate of not less than 75 percent of the par-
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1 ticipants enrolled in the program, or will enroll

2 additional participants in the program;

3 (B) contain an assurance that the Commit4 tee will comply with any evaluation under sub5 section (i), any research effort authorized under

6 Federal law, and any investigation by the Ad7 ministrator;

8 (C) contain an assurance that the Commit9 tee shall prepare and submit to the Adminis10 trator an annual report regarding any program

11 conducted under this section;

12 (D) contain an assurance that the program

13 for which the grant is sought will, to the maxi14 mum extent possible, incorporate services that

15 are—

16 (i) provided by program volunteers,

17 parents, adult mentors, drug and alcohol

18 abuse counselors, teachers, clergy, or other

19 persons providing tutoring and college or

20 vocational preparation; and

21 (ii) provided solely through non-Fed22 eral private or nonprofit sources;

23 (E) contain an assurance that the Commit24 tee will maintain separate accounting records for

25 the program; and
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1 (F) contain an assurance that the program

2 will include outreach efforts in order to encour3 age participation in the program.

4 (e) ELIGIBILITY OF PARTICIPANTS.—

5 (1) IN GENERAL.—The Committee shall select

6 children to participate in programs that receive as7 sistance under this section without regard to the ath8 letic ability of the children. In selecting children to

9 participate in programs that receive assistance under

10 this section, the Committee shall give priority to chil11 dren from low-income communities and high-crime

12 areas with demonstrated gang activity, as determined

13 in accordance with regulations issued by the Council.

14 (2) EXCLUSION.—

15 (A) NONDISCRIMINATION.—Except as pro16 vided in subparagraph (B), in selecting children

17 to participate in a program that receives assist18 ance under this section, the Committee shall not

19 discriminate on the basis of race, color, religion,

20 sex, national origin, or disability.

21 (B) EXCEPTION.—In selecting children to so

22 participate, the Committee may exclude a child

23 from participation in such a program if the

24 Committee determines that the child has behavior

25 problems that pose an unacceptable risk of in-
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1 jury or illness to other participants or has a

2 physical or mental disability so serious that the

3 child would be unable to participate in the pro4 gram with reasonable accommodation.

5 (C) PARENTAL APPROVAL.—To be eligible to

6 participate in a program that receives assistance

7 under this section, a child shall provide the ex8 press written approval of a parent or guardian,

9 and shall submit an official application and

10 agree to the terms and conditions of participa11 tion in the program.

12 (f) INVESTIGATIONS AND INSPECTIONS.—The Council

13 may conduct such investigations and inspections as may

14 be necessary to ensure compliance with the provisions of

15 this section.

16 (g) FEDERAL SHARE.—

17 (1) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

18 SHARE.—

19 (A) PAYMENTS.—On approval of an appli20 cation under subsection (d), the Council shall,

21 subject to the availability of appropriations pay

22 to the Committee the Federal share of the costs

23 of establishing the centers and carrying out the

24 programs described in subsection (b).
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1 (B) FEDERAL SHARE.—The Federal share

2 of such costs shall be—

3 (i) 75 percent for fiscal years 1994 and

4 1995;

5 (ii) 70 percent for fiscal year 1996;

6 and

7 (iii) 60 percent for fiscal year 1997.

8 (2) NON-FEDERAL SHARE.—

9 (A) IN GENERAL.—The non-Federal share of

10 such costs may be in cash or in kind, fairly eval11 uated, including plant, equipment, and services

12 (including the services described in subsection

13 (d)(2)(D)).

14 (B) SPECIAL RULE.—The Committee may

15 not charge fees for the participation of children

16 in programs carried out under this section.

17 (h) REPORTS.—At the end of each fiscal year, the

18 Council shall submit to Congress a report on the activities

19 conducted under this section, including a summary of the

20 information in the report submitted under subsection

21 (d)(2)(C).

22 (i) EVALUATION.—The Council shall conduct a thor23 ough evaluation of the programs assisted under this section,

24 which shall include an assessment of—
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1 (1) the number of children participating in each

2 program assisted under this section;

3 (2) the academic achievement of such children;

4 (3) school attendance and graduation rates of

5 such children; and

6 (4) the number of such children being processed

7 by the juvenile justice system.

8 (j) AUTHORIZATION OF APPROPRIATIONS.—

9 (1) IN GENERAL.—There are authorized to be ap10 propriated, from the amounts in the Violent Crime

11 Reduction Trust Fund established under section 1115

12 of title 31, United States Code, $50,000,000 for fiscal

13 year 1994 and $25,000,000 for each of fiscal years

14 1995, 1996, and 1997, to carry out this section.

15 (2) AVAILABILITY.—Amounts appropriated to

16 carry out this section shall remain available until ex17 pended.

18 SEC. 5144. AUTHORITY TO RELEASE CERTAIN CONFIDEN19 TIAL INFORMATION RELATING TO ALIENS.

20 Section 245A(c)(5)(C) of the Immigration and Nation21 ality Act (8 U.S.C. 1255a(c)(5)(C)) is amended by striking

22 out ‘‘except that the Attorney General’’ and all that follows

23 through ‘‘section 8 of title 13, United States Code.’’ and

24 inserting in lieu thereof ‘‘except that the Attorney Gen25 eral—
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1 ‘‘(i) may authorize an application to a

2 Federal court of competent jurisdiction for,

3 and a judge of such court may grant, an

4 order authorizing disclosure of information

5 contained in the application of the alien (as

6 a result of an investigation of the alien by

7 an investigative officer or law enforcement

8 officer) that is necessary to locate and iden9 tify the alien if (I) such disclosure may re10 sult in the discovery of information leading

11 the location and identity of the alien, and

12 (II) such disclosure (and the information

13 discovered as a result of such disclosure)

14 will be used only for criminal law enforce15 ment purposes as against the alien whose

16 file is being accessed;

17 ‘‘(ii) may furnish information under

18 this section with respect to an alien to an

19 official coroner (upon the written request of

20 the coroner) for the purposes of permitting

21 the coroner to identify a deceased individ22 ual; and

23 ‘‘(iii) may provide, in the Attorney

24 General’s discretion, for the furnishing of

25 information furnished under this section in
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1 the same manner and circumstances as cen2 sus information may be disclosed to the Sec3 retary of Commerce under section 8 of title

4 13, United States Code.’’.

5 SEC. 5145. CHILDREN AND YOUTH UTILIZING FEDERAL

6 LAND.

7 (a)(1) Various Federal land, especially environ8 mentally sensitive Federal land, should be made available

9 to the States and territories for certain programs for chil10 dren and youth;

11 (2) Federally owned land, such as national parks, fish

12 and wildlife refuges, Bureau of Land Management land,

13 and National Forest Service land, offer an excellent option

14 to solve the problems of siting and zoning commonly faced

15 by programs for neglected, abused, runaway, homeless, dis16 turbed, ‘‘at-risk’’, and delinquent children and teenagers;

17 (3) Federal land and personnel administering it offer

18 great educational and personal development opportunities

19 for our young people, who offer in return significant work

20 on the ecology and the promise of a planet-sensitive next

21 generation;

22 (4) Wilderness settings provide the public security

23 from seriously delinquent, violent teenagers for whom con24 structive discipline and a challenging environment are

25 proven, effective correctional tools;
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1 (5) Programs for youngsters who pose no threat to the

2 public or themselves may be placed in less remote sites, even

3 within communities.

4 (b) It is the sense of the Senate that—

5 (1) the Departments of Justice, Interior, Defense,

6 Agriculture, Commerce, Labor, Education, Health

7 and Human Services, and any other executive branch

8 agencies having properties or resources to devote to a

9 project to make such properties and resources avail10 able to programs for children and youth are urged to

11 act cooperatively in the establishment and ongoing

12 support of such programs; and

13 (2) a nationwide network of small, specialized,

14 residential or nonresidential programs, principally

15 operated by the private sector, under State or local

16 control, and Federal approval and supervision should

17 be established and supported.

18 SEC. 5146. BANKRUPTCY FRAUD.

19 (a) IN GENERAL.—

20 (1) OFFENSES.—Chapter 9 of title 18, United

21 States Code, is amended—

22 (A) by amending sections 152, 153, and 154

23 to read as follows:
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1 ‘‘§ 152. Concealment of assets; false oaths and claims;

2 bribery

3 ‘‘A person who—

4 ‘‘(1) knowingly and fraudulently conceals from a

5 custodian, trustee, marshal, or other officer of the

6 court charged with the control or custody of property,

7 or, in connection with a case under title 11, from

8 creditors or the United States Trustee, any property

9 belonging to the estate of a debtor;

10 ‘‘(2) knowingly and fraudulently makes a false

11 oath or account in or in relation to any case under

12 title 11;

13 ‘‘(3) knowingly and fraudulently makes a false

14 declaration, certificate, verification, or statement

15 under penalty of perjury as permitted under section

16 1746 of title 28, in or in relation to any case under

17 title 11;

18 ‘‘(4) knowingly and fraudulently presents any

19 false claim for proof against the estate of a debtor, or

20 uses any such claim in any case under title 11, in

21 a personal capacity or as or through an agent, proxy,

22 or attorney;

23 ‘‘(5) knowingly and fraudulently receives any

24 material amount of property from a debtor after the

25 filing of a case under title 11, with intent to defeat

26 the provisions of title 11;
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1 ‘‘(6) knowingly and fraudulently gives, offers, re2 ceives, or attempts to obtain any money or property,

3 remuneration, compensation, reward, advantage, or

4 promise thereof for acting or forbearing to act in any

5 case under title 11;

6 ‘‘(7) in a personal capacity or as an agent or of7 ficer of any person or corporation, in contemplation

8 of a case under title 11 by or against the person or

9 any other person or corporation, or with intent to de10 feat the provisions of title 11, knowingly and fraudu11 lently transfers or conceals any of his property or the

12 property of such other person or corporation;

13 ‘‘(8) after the filing of a case under title 11 or

14 in contemplation thereof, knowingly and fraudulently

15 conceals, destroys, mutilates, falsifies, or makes a false

16 entry in any recorded information (including books,

17 documents, records, and papers) relating to the prop18 erty or financial affairs of a debtor; or

19 ‘‘(9) after the filing of a case under title 11,

20 knowingly and fraudulently withholds from a custo21 dian, trustee, marshal, or other officer of the court or

22 a United States Trustee entitled to its possession, any

23 recorded information (including books, documents,

24 records, and papers) relating to the property or fi25 nancial affairs of a debtor,
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1 shall be fined not more than $5,000, imprisoned not more

2 than 5 years, or both.

3 ‘‘§ 153. Embezzlement against estate

4 ‘‘(a) OFFENSE.—A person described in subsection (b)

5 who knowingly and fraudulently appropriates to the per6 son’s own use, embezzles, spends, or transfers any property

7 or secretes or destroys any document belonging to the estate

8 of a debtor shall be fined not more than $5,000, imprisoned

9 not more than 5 years, or both.

10 ‘‘(b) PERSON TO WHOM SECTION APPLIES.—A person

11 described in this subsection is one who has access to prop12 erty or documents belonging to an estate by virtue of the

13 person’s participation in the administration of the estate

14 as a trustee, custodian, marshal, attorney, or other officer

15 of the court or as an agent, employee, or other person en16 gaged by such an officer to perform a service with respect

17 to the estate.

18 ‘‘§ 154. Adverse interest and conduct of officers

19 ‘‘A person who, being a custodian, trustee, marshal,

20 or other officer of the court—

21 ‘‘(1) knowingly purchases, directly or indirectly,

22 any property of the estate of which the person is such

23 an officer in a case under title 11;

24 ‘‘(2) knowingly refuses to permit a reasonable

25 opportunity for the inspection by parties in interest
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1 of the documents and accounts relating to the affairs

2 of estates in the person’s charge by parties when di3 rected by the court to do so; or

4 ‘‘(3) knowingly refuses to permit a reasonable

5 opportunity for the inspection by the United States

6 Trustee of the documents and accounts relating to the

7 affairs of an estate in the person’s charge,

8 shall be fined not more than $5000 and shall forfeit the

9 person’s office, which shall thereupon become vacant.’’; and

10 (B) by adding at the end the following new

11 sections:

12 ‘‘§ 156. Knowing disregard of bankruptcy law or rule

13 ‘‘(a) DEFINITIONS.—In this section—

14 ‘‘ ‘bankruptcy petition preparer’ means a person,

15 other than the debtor’s attorney or an employee of

16 such an attorney, who prepares for compensation a

17 document for filing.

18 ‘‘ ‘document for filing’ means a petition or any

19 other document prepared for filing by a debtor in a

20 United States bankruptcy court or a United States

21 district court in connection with a case under this

22 title.

23 ‘‘(b) OFFENSE.—If a bankruptcy case or related pro24 ceeding is dismissed because of a knowing attempt by a

25 bankruptcy petition preparer in any manner to disregard
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1 the requirements of title 11, United States Code, or the

2 Bankruptcy Rules, the bankruptcy petition preparer shall

3 be fined under this title, imprisoned not more than 1 year,

4 or both.

5 ‘‘§ 157. Bankruptcy fraud

6 ‘‘(a) OFFENSE.—A person who, having devised or in7 tending to devise a scheme or artifice to defraud, or for ob8 taining money or property by means of a false or fraudu9 lent pretense, representation, or promise, for the purpose of

10 executing or concealing such a scheme or artifice or at11 tempting to do so—

12 ‘‘(1) files a petition under title 11;

13 ‘‘(2) files a document in a proceeding under title

14 11; or

15 ‘‘(3) makes a false or fraudulent representation,

16 claim, or promise concerning or in relation to a pro17 ceeding under title 11, at any time before or after the

18 filing of the petition, or in relation to a proceeding

19 falsely asserted to be pending under that title,

20 shall be fined under this title, imprisoned not more than

21 5 years, or both.

22 ‘‘(b) REQUIREMENT OF INTENT.—

23 ‘‘(1) IN GENERAL.—The degree of intent required

24 to be shown in the case of an offense described in sub-
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1 section (a) is that which is generally required to be

2 shown in cases of fraud.

3 ‘‘(2) VIOLATION NOT ESTABLISHED.—A violation

4 of subsection (a) is not established if the defendant

5 committed the act that is alleged to constitute fraud

6 for a lawful purpose.

7 ‘‘(3) VIOLATION ESTABLISHED.—A violation of

8 subsection (a) may be established if the defendant

9 committed the act that is alleged to constitute fraud

10 with a purpose of—

11 ‘‘(A) preventing the proper application of

12 title 11 in a particular case; or

13 ‘‘(B) using a proceeding under title 11 in a

14 manner that, while on its face may appear to be

15 legitimate, is in fact part of a scheme to de16 fraud.’’.

17 (2) TECHNICAL AMENDMENTS.—The chapter

18 analysis for chapter 9 of title 18, United States Code,

19 is amended—

20 (A) by amending the item relating to sec21 tion 153 to read as follows:

‘‘Sec. 153. Embezzlement against estate.’’;

22 and

23 (B) by adding at the end the following new

24 item:

‘‘Sec. 156. Knowing disregard of bankruptcy law or rule.
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‘‘Sec. 157. Bankruptcy fraud.’’.

1 (b) RICO.—Section 1961(1)(D) of title 18, United

2 States Code, is amended by inserting ‘‘(except a case under

3 section 157 of that title)’’ after ‘‘title 11’’.

4 SEC. 5147. HANDGUNS IN SCHOOLS.

5 HANDGUNS IN SCHOOLS.—

6 (1) IN GENERAL.—In any year after the first

7 day of the first fiscal year after the expiration of the

8 next regular session of the State legislature following

9 the date of enactment of this subpart, the Adminis10 trator may award to a State that meets the require11 ment of paragraph (2) additional grant funds, from

12 the funds reserved for the special discretionary fund

13 established under subsection (e), in an amount equal

14 to 25 percent of the amount of the grant that would

15 be made without regard to this subsection.

16 (2) STATE LAW.—A State meets the requirement

17 of this paragraph if the law of the State provides

18 that—

19 (A) on receipt of notification from the prin20 cipal (or equivalent official) of an elementary

21 school or a secondary school in the State that a

22 person was found in possession of a handgun on

23 the premises of the school, the head of the State

24 entity responsible for issuing driver’s licenses

25 shall, pursuant to such procedures as the State
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1 legislature and the head (or appropriate State

2 entity) establishes—

3 (i) in the case of a person who holds a

4 driver’s license issued by the State, revoke

5 the person’s driver’s license for a period of

6 5 years, during which period the license

7 may not be reissued except as provided

8 under paragraph (3); and

9 (ii) in the case of a person who does

10 not hold a driver’s license issued by the

11 State, except as provided under paragraph

12 (3), withhold for a period of 5 years or

13 until the date on which the person attains

14 the age of 18 years, whichever is longer, the

15 issuance of a driver’s license for which ap16 plication may subsequently be made;

17 (B) on receipt of notification from the prin18 cipal (or equivalent official) of an elementary

19 school or a secondary school in the State that a

20 person was found in possession of a handgun on

21 the premises of the school during a period of rev22 ocation or withholding of the issuance of a per23 son’s driver’s license under subparagraph (A),

24 the head of the State entity responsible for issu25 ing driver’s licenses shall, pursuant to such pro-
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1 cedures as the State legislature and the head (or

2 appropriate State entity) establishes, extend the

3 period of revocation or withholding for an addi4 tional 10 years, during which period the license

5 may not be reissued except as provided in para6 graph (3); and

7 (C) subparagraphs (A) and (B) do not

8 apply to the possession of a handgun—

9 (i) on private property that is not part

10 of the premises of a school;

11 (ii) if—

12 (I) the person possessing the handgun

13 is licensed to possess the handgun by the

14 State in which the elementary school or sec15 ondary school is located or by a political

16 subdivision of the State; and

17 (II) the State or political subdivision

18 of the State requires that, as a condition of

19 the issuance of a driver’s license, an appro20 priate law enforcement authority of the

21 State or political subdivision of the State

22 verify that the person is qualified under ap23 plicable law to hold the firearm license;

24 (iii) that is—

25 (I) not loaded; and
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1 (II) in a locked container or in a

2 locked firearm rack that is on a motor

3 vehicle;

4 (iv) by a person for use in a program

5 approved by the appropriate official of an

6 elementary school or secondary school (or

7 entity of the State or political subdivision

8 of the State responsible for the administra9 tion of the elementary school or secondary

10 school);

11 (v) by a person in accordance with a

12 contract that the appropriate official of the

13 elementary school or secondary school (or

14 entity of the State or political subdivision

15 of the State responsible for the administra16 tion of the elementary school or secondary

17 school) has entered into with the person or

18 employer of the person;

19 (vi) by a law enforcement officer acting

20 in an official capacity; or

21 (vii) that is unloaded and possessed by

22 a person while traversing the premises of

23 the elementary or secondary school for the

24 purpose of gaining access to public or pri25 vate lands open to hunting, if the entry on
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1 the premises of the elementary school or sec2 ondary school is authorized by the appro3 priate official of the school (or entity of the

4 State or political subdivision of the State

5 responsible for the administration of the ele6 mentary school or secondary school).

7 (3) WAIVER.—A State law described in para8 graph (2) may provide for a procedure under which

9 the application of a portion of a revocation or with10 holding period under paragraph (2)(A) or (B) may be

11 waived if—

12 (A) at least 50 percent of the withholding or

13 revocation period has expired; and

14 (B) the person subject to the revocation or

15 withholding period establishes, in a manner sat16 isfactory to the head the State entity described in

17 paragraph (2), that—

18 (i) the person is not the subject of any

19 criminal charge (other than a charge related

20 to the possession of a handgun that resulted

21 in the revocation or withholding);

22 (ii) the person has not been the subject

23 of a criminal conviction for engaging in a

24 criminal activity during the withholding or

25 revocation period (other than a conviction
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1 directly related to the possession of a hand2 gun that resulted in the revocation or with3 holding); and

4 (iii) there is a compelling reason to

5 waive the remainder of the revocation or

6 withholding period.

7 (4) DUE PROCESS.—A State, in implementing a

8 law described in paragraph (2), shall follow such pro9 cedures (including procedures to ensure that affected

10 persons are afforded due process of law) as the Con11 stitution may require.

12 (5) DEFINITIONS.—In this subsection—

13 ‘‘elementary school’’ has the meaning stated

14 in 1471(8) of the Elementary and Secondary

15 Education Act of 1965 (20 U.S.C. 2891(8)).

16 ‘‘handgun’’ means—

17 (i) a firearm that has a short stock

18 and is designed to be held and fired by the

19 use of a single hand; or

20 (ii) any combination of parts from

21 which a firearm described in subparagraph

22 (A) can be assembled.

23 ‘‘premises’’, in reference to an elementary

24 school or secondary school, includes the school

25 building and the grounds of the school.
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1 ‘‘secondary school’’ has the meaning stated

2 in section 1471(21) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C.

4 2891(21)).

5 (6) RULE OF CONSTRUCTION.—Nothing in this

6 subsection shall be construed to limit the authority of

7 the government of a State or political subdivision of

8 a State to enact and enforce a law that imposes a

9 penalty that exceeds or supplements the penalties au10 thorized under this subsection.

11 SEC. 5148. SENSE OF THE SENATE REGARDING A STUDY ON

12 OUT-OF-WEDLOCK BIRTHS.

13 (a) FINDINGS.—The Senate finds the following:

14 (1) The National Center for Health Statistics

15 has just reported that the out-of-wedlock birth rate

16 reached 29.5 percent in 1991 (66.3 percent in Wash17 ington, D.C., 71.0 percent in Detroit).

18 (2) The out-of-wedlock birth rate has increased

19 without interruption since 1970, and, as pointed out

20 recently by George Will, ‘‘the rate of increase is not

21 slowing even at extraordinarily high levels’’.

22 (3) Dr. Lee Rainwater of Harvard University

23 predicts that the rate will reach 40 percent within 7

24 years.
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1 (4) Professor James Q. Wilson has described the

2 erosion of the family structure in the United States

3 and many Western nations as ‘‘a major cultural con4 vulsion’’ that is inextricably associated with the rise

5 of violent urban crime.

6 (5) President Clinton has stated on the national

7 television program ‘‘Meet the Press’’ that there is ‘‘ab8 solutely’’ a correlation between crime and drugs and

9 the breakdown of the family.

10 (b) SENSE OF THE SENATE.—It is the sense of the Sen11 ate that—

12 (1) the Secretary of Health and Human Serv13 ices, in consultation with the National Center for

14 Health Statistics, should prepare an analysis of the

15 causes of the increase in out-of-wedlock births, and de16 termine whether there is any historical precedent for

17 such increase, as well as any equivalent among for18 eign nations, and

19 (2) the Secretary of Health and Human Services

20 should report to Congress within 12 months after the

21 date of the enactment of this Act on the Secretary’s

22 analysis of the out-of-wedlock problem and its causes,

23 as well as possible remedial measures that could be

24 taken.
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1 SEC. 5149. CONGRESSIONAL APPROVAL OF ANY EXPANSION

2 AT LORTON AND CONGRESSIONAL HEARINGS

3 ON FUTURE NEEDS.

4 (a) CONGRESSIONAL APPROVAL.—Notwithstanding

5 any other provision of law, the existing prison facilities and

6 complex at the District of Columbia Corrections Facility

7 at Lorton in Virginia shall not be expanded unless such

8 expansion has been approved by the Congress under the au9 thority provided to Congress in section 446 of the District

10 of Columbia Self–Government and Governmental Reorga11 nization Act.

12 (b) CONGRESSIONAL HEARINGS.—The Subcommittee

13 on the District of Columbia of the Committee on Appropria14 tions of the Senate shall conduct hearings regarding expan15 sion of the prison complex in Lorton, Virginia, prior to any

16 approval granted pursuant to subsection (a). The sub17 committee shall permit interested parties, including appro18 priate officials from the County of Fairfax, Virginia, to tes19 tify at such hearings.

20 (c) DEFINITION.—For purposes of this section, the

21 terms ‘‘expanded’’ and ‘‘expansion’’ mean any alteration

22 of the physical structure of the prison complex that is made

23 to increase the number of inmates incarcerated at the pris24 on.
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1 SEC. 5150. NATIONAL NARCOTICS LEADERSHIP ACT.

2 (a) Section 1009 of the National Narcotics Leadership

3 Act of 1988 (21 U.S.C. 1506) is amended by striking ‘‘the

4 date which is 5 years after the date of the enactment of

5 this subtitle’’ and inserting ‘‘September 30, 1994’’.

6 (b) Section 1008(d)(1) of the National Narcotics Lead7 ership Act of 1988 (21 U.S.C. 1502(d)(1)) is amended by

8 striking ‘‘of such’’, and inserting, ‘‘subject to the availabil9 ity of appropriations, of not less than 75 and such addi10 tional’’

11 SEC. 5151. SUPREME COURT MARSHALS AND POLICE.

12 Section 9(c) of the Act entitled ‘‘An Act relating to

13 the policing of the building and grounds of the Supreme

14 Court of the United States,’’ approved August 18, 1949 (40

15 U.S.C. 13n(c)), is amended in the first sentence by striking

16 out ‘‘1993’’ and inserting in lieu thereof ‘‘1996’’.

17 SEC. 5152. EXTENSION OF FULL-TIME STATUS OF MEMBERS

18 OF THE UNITED STATES SENTENCING COM19 MISSION.

20 Section 992(c) of title 28, United States Code, is

21 amended in the second sentence by striking ‘‘six years’’ and

22 inserting ‘‘seven years’’.

23 SEC. 5153. SENSE OF THE SENATE THAT ABLE-BODIED CON24 VICTED FELONS IN THE FEDERAL PRISON

25 SYSTEM WORK.

26 (a) FINDINGS.—The Senate finds that—
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1 (1) Federal Prison Industries was created by

2 Congress in 1934 as a wholly owned, nonprofit gov3 ernment corporation directed to train and employ

4 Federal prisoners;

5 (2) traditionally, one-half of the Federal prison

6 inmates had meaningful prison jobs; now, with the

7 increasing prison population, less than one-quarter

8 are employed in prison industry positions; and

9 (3) expansion of the product lines and services of

10 Federal Prison Industries beyond its traditional lines

11 of business will enable more Federal prison inmates

12 to work, and such expansion must occur so as to min13 imize any adverse impact on the private sector and

14 labor.

15 (b) SENSE OF SENATE.—It is the sense of the Senate

16 that—

17 (1) all able-bodied Federal prison inmates should

18 work;

19 (2) in an effort to achieve the goal of full Federal

20 prison inmate employment, the Attorney General, in

21 consultation with the Director of the Bureau of Pris22 ons, the Secretary of Labor, the Secretary of Defense,

23 the Administrator of the General Services Adminis24 tration, and the private sector and labor, shall submit

25 a report to Congress not later than March 31, 1994,
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1 that describes a strategy for employing more Federal

2 prison inmates;

3 (3) the report shall—

4 (A) contain a review of existing lines of

5 business of Federal Prison Industries;

6 (B) consider the findings and recommenda7 tions of the final report of the Summit on Fed8 eral Prison Industries (June 1992–July 1993);

9 and

10 (C) make recommendations for legislation

11 and changes in existing law that may be nec12 essary for the Federal Prison Industries to em13 ploy more Federal prison inmates; and

14 (4) the report shall focus on—

15 (A) the creation of new job opportunities for

16 Federal prison inmates;

17 (B) the degree to which any expansion of

18 lines of business of Federal Prison Industries

19 may adversely affect the private sector or dis20 place domestic labor; and

21 (C) the degree to which opportunities for

22 partnership between Federal Prison Industries

23 and small business can be fostered.
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1 SEC. 5154. FIRST TIME DOMESTIC VIOLENCE OFFENDER RE2 HABILITATION PROGRAM.

3 (a) Section 3561 of title 18, United States Code, is

4 amended by—

5 (1) redesignating subsection (b) as subsection (c);

6 (2) inserting the following new subsection after

7 subsection (a):

8 ‘‘(b) DOMESTIC VIOLENCE OFFENDERS.—A defendant

9 who has been convicted for the first time of a domestic vio10 lence crime shall be sentenced to a term of probation if not

11 sentenced to a term of imprisonment. The term ‘domestic

12 violence crime’ means a crime of violence for which the de13 fendant may be prosecuted in a court of the United States

14 in which the victim or intended victim is the spouse, former

15 spouse, intimate partner, former intimate partner, child,

16 or former child of the defendant, or any relative defendant,

17 child, or former child of the defendant, or any other relative

18 of the defendant.’’.

19 (b) Section 3563(a) of title 18, United States Code, is

20 amended by—

21 (1) striking ‘‘and’’ at the end of paragraph (2);

22 (2) striking the period at the end of paragraph

23 (3) and inserting ‘‘; and’’ in lieu thereof; and

24 (3) by inserting the following new paragraph:

25 ‘‘(4) for a domestic violence crime as defined in

26 section 3561(b) by a defendant convicted of such an
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1 offense for the first time that the defendant attend a

2 court-approved public, private, or private non-profit

3 program, that has been authorized by that State Coa4 lition Against Domestic Violence, and which is de5 signed to rehabilitate such a defendant if an approved

6 program is readily available within a 50-mile radius

7 of the legal residence of the defendant.’’.

8 (c) Section 3583 of title 18, United States Code, is

9 amended—

10 (1) in subsection (a) by inserting ‘‘or if the de11 fendant has been convicted for the first time of a do12 mestic violence crime as defined in section 3561(b)’’

13 after ‘‘statute’’; and

14 (2) in subsection (d) by inserting the following

15 after the first sentence: ‘‘The court shall order as an

16 explicit condition of supervised release for a defendant

17 convicted for the first time of a domestic violence

18 crime as defined in section 3561(b) that the defendant

19 attend a court-approved public, private, or private

20 non-profit program, that has been authorized by that

21 State Coalition Against Domestic Violence, and which

22 is designed to rehabilitate such a defendant if an ap23 proved program is readily available within a 50-mile

24 radius of the legal residence of the defendant.’’.
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1 SEC. 5155. ASSET FORFEITURE.

2 (a) Section 524 of title 28, United States Code, is

3 amended—

4 (1) by redesignating subsection (c)(1)(H) to be

5 subsection (c)(1)(I); and

6 (2) by inserting a new subsection (c)(1)(H) as

7 follows:

8 ‘‘(H) the payment of State and local property taxes

9 on forfeited real property that accrued between the date of

10 the violation giving rise to the forfeiture and the date of

11 the forfeiture order; and’’.

12 (b) The provisions of this section shall apply to all

13 claims pending at the time of or commenced subsequent to

14 the date of the enactment of this Act.

15 SEC. 5156. CLARIFICATION OF DEFINITION OF A ‘‘COURT OF

16 THE UNITED STATES’’ TO INCLUDE THE DIS17 TRICT COURTS FOR GUAM, THE NORTHERN

18 MARIANA ISLANDS, AND THE VIRGIN IS19 LANDS.

20 (a) Chapter 1 of title 18, United States Code, is

21 amended by adding at the end thereof the following new

22 section:

23 ‘‘§ 23. Court of the United States defined

24 As used in this title, except where otherwise expressly

25 provided the term ‘court of the United States’ includes the

26 District Court of Guam, the District Court for the Northern
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1 Mariana Islands, and the District Court of the Virgin Is2 lands.’’.

3 (b) The analysis for chapter 1 of title 18, United States

4 Code, is amended by inserting at the end the following:

‘‘23. Court of the United States Defined.’’.

5 SEC. 5157. EXTRADITION.

6 (a) SCOPE.—Section 3181 of title 18, United States

7 Code, is amended by—

8 (1) inserting ‘‘(a)’’ before ‘‘The provisions of this

9 chapter’’; and

10 (2) adding at the end thereof the following new

11 subsections:

12 ‘‘(b) The provisions of this chapter shall be construed

13 to permit, in the exercise of comity, the surrender of persons

14 who have committed crimes of violence against nationals

15 of the United States in foreign countries without regard to

16 the existence of any treaty of extradition with such foreign

17 government if the Attorney General certifies, in writing,

18 that—

19 ‘‘(1) evidence has been presented by the foreign

20 government which indicates that had the offenses been

21 committed in the United States, they would constitute

22 crimes of violence as defined under section 16 of this

23 title; and

24 ‘‘(2) the offenses charged are not of a political

25 nature.
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1 ‘‘(c) As used in this section, the term ‘national of the

2 United States’ shall have the meaning given such term in

3 section 101(a)(22) of the Immigration and Nationality Act

4 (8 U.S.C. 1101(a)(22)).’’.

5 (b) FUGITIVES.—Section 3184 of title 18, United

6 States Code, is amended—

7 (1) in the first sentence by inserting after ‘‘Unit8 ed States and any foreign government,’’ the following:

9 ‘‘or in cases arising under section 3181(b),’’;

10 (2) in the first sentence by inserting after ‘‘trea11 ty or convention,’’ the following: ‘‘or provided for

12 under section 3181(b),’’; and

13 (3) in the third sentence by inserting after ‘‘trea14 ty or convention,’’ the following: ‘‘or under section

15 3181(b),’’.

16 SEC. 5158. EXPEDITED DEPORTATION FOR DENIED ASYLUM

17 APPLICANTS.

18 (a) Section 208(a) of the Immigration and Nationality

19 Act (8 U.S.C. 1158) is amended by adding at the end there20 of the following: ‘‘An applicant for asylum is not entitled

21 to engage in employment in the United States. The Attorney

22 General may authorize an alien who has filed an applica23 tion for asylum to engage in employment in the United

24 States, in the discretion of the Attorney General. The Attor25 ney General may provide for the expedited deportation of
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1 asylum applicants whose applications have been finally de2 nied, unless the applicant remains in an otherwise valid

3 nonimmigrant status.’’.

4 (b) There are authorized to be appropriated to carry

5 out this section such sums as are necessary for each of fiscal

6 years 1994, 1995, 1996, 1997, and 1998.

7 SEC. 5159. IMPROVING BORDER CONTROLS.

8 There are authorized to be appropriated such sums as

9 are necessary to increase INS’s resources for the Border Pa10 trol and the Inspections Program to apprehend illegal

11 aliens who attempt clandestine entry into the United States

12 or entry into the United States with fraudulent documents.

13 SEC.5160. EXPANDED SPECIAL DEPORTATION PROCEED14 INGS.

15 (1) Subject to the availability of appropriations, the

16 Attorney General may expand the program authorized by

17 section 242A(d) of the Immigration and Nationality Act

18 to ensure that such aliens are immediately deportable upon

19 their release from incarceration.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as necessary to

22 carry out this section for each of fiscal years 1995 through

23 1998.
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1 SEC. 5161. CONSTRUCTION OF INS SERVICE PROCESSING

2 CENTERS TO DETAIN CRIMINAL ALIENS.

3 AUTHORIZATION OF APPROPRIATIONS.—There are au4 thorized to be appropriated such sums as are necessary in

5 fiscal year 1995 to construct or contract for the construction

6 of two INS Service Processing Centers to detain criminal

7 aliens and such sums as are necessary in fiscal year 1996

8 to construct or contract for the construction of two addi9 tional Service Processing Centers.

10 SEC. 5162. ASSISTANT UNITED STATES ATTORNEY RESI11 DENCY.

12 Section 545(a) of title 28, United States Code, is

13 amended—

14 (1) by striking ‘‘and assistant United States at15 torney’’; and

16 (2) by inserting the following after the first sen17 tence: ‘‘Each assistant United States attorney shall

18 reside in the district for which he or she is appointed

19 or within 50 miles thereof.’’.

20 SEC.5163. GANG RESISTANCE EDUCATION AND TRAINING

21 PROJECTS

22 (a) Authorization of appropriations for the Depart23 ment of the Treasury for each of the fiscal years 1994, 1995,

24 1996, 1997, and 1998.

25 (b)(1) The Secretary of the Treasury shall establish no

26 less than 50 Gang Resistance Education and Training
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1 (GREAT) projects to be located in communities across the

2 country. Such amount shall be in addition to the number

3 of projects currently funded.

4 (2) Communities identified for such GREAT projects

5 shall be selected by the Director of the Bureau of Alcohol,

6 Tobacco and Firearms, acting through the Secretary of the

7 Treasury, on the basis of gang-related activity in that par8 ticular community.

9 (3) The Secretary of the Treasury shall make available

10 no less than $800,000 per project, subject to appropriation,

11 and such funds shall be allocated fifty percent to the affected

12 State and local law enforcement and prevention organiza13 tions participating in such projects, and fifty percent to

14 the Bureau of Alcohol, Tobacco and Firearms for salaries,

15 expenses, and associated administrative costs for operating

16 and overseeing such projects.

17 (c) There are authorized to be appropriated

18 $30,000,000 for salaries and expenses of the Bureau of Alco19 hol, Tobacco and Firearms for the hiring, training, and

20 equipping of no less than 200 full-time equivalent agent po21 sitions for the investigation of the trafficking of guns to ju22 veniles and gangs, and the tracing of firearms used in the

23 commission of violent crimes, and no less than 100 full24 time equivalent inspector positions for the Firearms Com25 pliance program and dealer policing activities.
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1 (d) There are authorized to be appropriated $6,000,000

2 for the salaries and expenses of the United States Secret

3 Service for the hiring, training and equipping of additional

4 full-time equivalent positions to supplement current inves5 tigative authorities.

6 SEC. 5164. LAW ENFORCEMENT PERSONNEL.

7 (a)(1) Since we are losing control of our streets and

8 our neighborhoods to gangs, drugs and violent crime;

9 (2) Since Americans tolerate a level of violence 5 times

10 that of Canada and 10 times that of England;

11 (3) Since the Senate is about to adopt the Comprehen12 sive Crime Control and Law Enforcement Act which estab13 lishes a $22,268,000,000 Violent Crime Reduction Trust

14 Fund to combat the violent crime epidemic in this country;

15 (4) Since the Comprehensive Crime Control and Law

16 Enforcement Act authorizes the revenues to fund the Trust

17 Fund be derived from savings resulting from a reduction

18 in Federal personnel; and

19 (5) Since the Federal law enforcement agencies charged

20 with carrying out the provisions of the Comprehensive

21 Crime Control and Law Enforcement Act will require sub22 stantial manpower to implement the Act.

23 (b) It is the sense of the Senate that law enforcement

24 personnel should not be reduced and calls upon the Presi25 dent of the United States to exempt Federal law enforcement
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1 positions from Executive Order 12839 and other Executive

2 memoranda mandating reductions in the Federal workforce.

3 SEC. 5165. REVIEW BY THE ATTORNEY GENERAL OF FED4 ERAL PRISON CAPACITY AND CONSTRUCTION

5 AND OPERATIONAL STANDARDS FOR STATE

6 AND LOCAL CORRECTIONS FACILITIES.

7 (a) REVIEW OF FEDERAL PRISON CAPACITY.—The At8 torney General shall conduct a review of—

9 (1) the capacity of the facilities of the Federal

10 Bureau of Prisons;

11 (2) the number of inmates in those facilities; and

12 (3) the characteristics of those inmates relative to

13 their likelihood of criminal behavior, and especially

14 violent criminal behavior, if released from custody

15 under supervision.

16 (b) REVIEW OF STANDARDS.—The Attorney General

17 shall review the standards for construction and operation

18 of State and local corrections facilities contained in the

19 publications entitled ‘‘Standards for Small Jail Facilities’’

20 and ‘‘Standards for Adult and Local Detention Facilities’’

21 (3d ed.)

22 (c) REPORT TO CONGRESS.—

23 (1) IN GENERAL.—Not later than 180 days after

24 the date of enactment of this Act, the Attorney Gen-
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1 eral shall report to Congress on the reviews required

2 under subsections (a) and (b).

3 (2) CONTENTS.—The report under paragraph (1)

4 shall contain the Attorney General’s recommendations

5 for administrative and congressional initiatives to—

6 (A) release space in the Federal Bureau of

7 Prisons for occupancy by inmates transferred

8 from State correctional facilities, pursuant to

9 section 1321; and

10 (B) modify standards for construction and

11 operation of local and State correctional facili12 ties.

13 SEC. 5166. COORDINATION OF SUBSTANCE ABUSE TREAT14 MENT AND PREVENTION PROGRAMS.

15 The Attorney General shall consult with the Secretary

16 of the Department of Health and Human Services in estab17 lishing and carrying out the substance abuse treatment and

18 prevention components of the programs authorized under

19 this Act, to assure coordination of programs, eliminate du20 plication of efforts and enhance the effectiveness of such

21 services.
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1 SEC. 5167. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS

2 IN FEDERALLY ASSISTED LOW-INCOME HOUS3 ING.

4 Grants authorized in this Act to reduce or prevent ju5 venile drug and gang-related activity in ‘‘public housing’’

6 may be used for such purposes in federally assisted, low7 income housing.

8 SEC. 5168. DEFINITIONS.

9 Section 921(a)(17) of title 18, United States Code, is

10 amended by revising subparagraph (B) and adding a new

11 subparagraph (C) to read as follows:

12 ‘‘(B) The term ‘armor piercing ammunition’

13 means—

14 (i) a projectile or projectile core which may

15 be used in a handgun and which is constructed

16 entirely (excluding the presence of traces of other

17 substances) from one or a combination of tung18 sten alloys, steel, iron, brass, bronze, beryllium

19 copper, or depleted uranium; or

20 ‘‘(ii) a jacketed projectile larger than .22

21 caliber designed and intended for use in a hand22 gun and whose jacket has a weight of more than

23 25 percent of the total weight of the projectile.

24 ‘‘(C) The term ‘armor piercing ammunition’

25 does not include shotgun shot required by Federal or

26 State environmental or game regulations for hunting
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1 purposes, a frangible projectile designed for target

2 shooting, a projectile which the Secretary finds is pri3 marily intended to be used for sporting purposes, or

4 any other projectile or projectile core which the Sec5 retary finds is intended to be used for industrial pur6 poses, including a charge used in an oil and gas well

7 perforating device.’’.

Attest:

Secretary.
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