I

103D CONGRESS

1ST SESSION H. R. 3131

To control and prevent crime.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 23, 1993

Mr. BROOKS (for himself, Mr. SCHUMER, and Mr. HUGHES) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To control and prevent crime.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 and Law Enforcement Act of 1993’’.

6 SEC. 2. TABLE OF TITLES.

7 The following is the table of titles for this Act:

TITLE I—PUBLIC SAFETY AND POLICING

TITLE II—DEATH PENALTY

TITLE III—HABEAS CORPUS REFORM

TITLE IV—COERCED CONFESSIONS

TITLE V—FIREARMS

TITLE VI—YOUTH VIOLENCE

TITLE VII—TERRORISM

TITLE VIII—SEXUAL VIOLENCE AND CHILD ABUSE

TITLE IX—CRIME VICTIMS

TITLE X—STATE AND LOCAL LAW ENFORCEMENT
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TITLE XI—PROVISIONS RELATING TO POLICE OFFICERS

TITLE XII—GRANT PROGRAM FOR STATE PRISONS

TITLE XIII—FEDERAL PRISONS

TITLE XIV—RURAL CRIME

TITLE XV—DRUG CONTROL

TITLE XVI—DRUNK DRIVING PROVISIONS

TITLE XVII—COMMISSIONS

TITLE XVIII—MOTOR VEHICLE THEFT PREVENTION

TITLE XIX—PROTECTIONS FOR THE ELDERLY

TITLE XX—CONSUMER PROTECTION

TITLE XXI—SENTENCING PROVISIONS

TITLE XXII—COMPUTER CRIME

TITLE XXIII—INTERNATIONAL PARENTAL KIDNAPPING

TITLE XXIV—SAFE SCHOOLS

TITLE XXV—FINANCIAL INSTITUTIONS FRAUD PROSECUTIONS

TITLE XXVI—WHITE COLLAR CRIME AMENDMENTS

TITLE XXVII—GAMBLING

TITLE XXVIII—BAIL POSTING REPORTING

TITLE XXIX—GENERAL INCREASED PENALTY PROVISIONS

TITLE XXX—MISCELLANEOUS

TITLE XXXI—TECHNICAL CORRECTIONS

1 TITLE I—PUBLIC SAFETY AND

2 POLICING

3 SEC. 101. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

4 (a) IN GENERAL.—Title 1 of the Omnibus Crime

5 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

6 et seq.) is amended by—

7 (1) redesignating Part Q as Part R;

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

9 (3) inserting after Part P the following new Part:

10 ‘‘PART Q—PUBLIC SAFETY AND COMMUNITY

11 POLICING; ‘COPS ON THE BEAT’

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

13 COMMUNITY POLICING GRANTS.

14 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen15 eral is authorized to make grants to units of State and
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1 local government, and to other public and private entities,

2 to increase police presence, to expand and improve cooper3 ative efforts between law enforcement agencies and mem4 bers of the community to address crime and disorder prob5 lems, and otherwise to enhance public safety.

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

7 Grants made under the authority of subsection (a) of this

8 section may be used for programs, projects, and other ac9 tivities to—

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

11 been laid off as a result of State and local budget

12 reductions for deployment in community-oriented po13 licing; and

14 ‘‘(2) hire new, additional career law enforce15 ment officers for deployment in community-oriented

16 policing across the Nation.

17 ‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made

18 under the authority of subsection (a) of this section also

19 may include programs, projects, and other activities to—

20 ‘‘(1) increase the number of law enforcement

21 officers involved in activities that are focused on

22 interaction with members of the community on

23 proactive crime control and prevention by redeploy24 ing officers to such activities;
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1 ‘‘(2) provide specialized training to law enforce2 ment officers to enhance their conflict resolution,

3 mediation, problem solving, service, and other skills

4 needed to work in partnership with members of the

5 community;

6 ‘‘(3) increase police participation in multidisci7 plinary early intervention teams;

8 ‘‘(4) develop new technologies to assist State

9 and local law enforcement agencies in reorienting

10 the emphasis of their activities from reacting to

11 crime to preventing crime;

12 ‘‘(5) develop and implement innovative pro13 grams to permit members of the community to assist

14 State and local law enforcement agencies in the pre15 vention of crime in the community;

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

17 and keep to a minimum, the amount of time that

18 law enforcement officers must be away from the

19 community while awaiting court appearances;

20 ‘‘(7) establish and implement innovative pro21 grams to increase and enhance proactive crime con22 trol and prevention programs involving law enforce23 ment officers and young persons in the community;

24 and
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1 ‘‘(8) develop and establish new administrative

2 and managerial systems to facilitate the adoption of

3 community-oriented policing as an organization-wide

4 philosophy.

5 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA6 TIONS FOR CERTAIN GRANTS.—In awarding grants under

7 this part, the Attorney General may give preferential con8 sideration to grants for hiring and rehiring additional ca9 reer law enforcement officers that involve a non-Federal

10 contribution exceeding the 25 percent minimum under

11 subsection (h) of this section.

12 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney

13 General may provide technical assistance to units of State

14 and local government, and to other public and private enti15 ties, in furtherance of the purposes of section 101 of the

16 Violent Crime Control and Law Enforcement Act of 1993.

17 ‘‘(2) The technical assistance provided by the Attor18 ney General may include the development of a flexible

19 model that will define for State and local governments,

20 and other public and private entities, definitions and strat21 egies associated with community or problem-oriented po22 licing and methodologies for its implementation.

23 ‘‘(3) The technical assistance provided by the Attor24 ney General may include the establishment and operation

25 of training centers or facilities, either directly or by con-
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1 tracting or cooperative arrangements. The functions of the

2 centers or facilities established under this paragraph may

3 include instruction and seminars for police executives,

4 managers, trainers and supervisors concerning community

5 or problem-oriented policing and improvements in police6 community interaction and cooperation that further the

7 purposes of section 101 of the Violent Crime Control and

8 Law Enforcement Act of 1993.

9 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF10 FICES AND SERVICES.—The Attorney General may utilize

11 any office or service of the Department of Justice in carry12 ing out this part.

13 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to14 gether with grantees within the State, shall receive in each

15 fiscal year pursuant to subsection (a) of this section not

16 less than 0.25 percent of the total amount appropriated

17 in the fiscal year for grants pursuant to that subsection.

18 As used in this subsection, ‘qualifying State’ means any

19 State which has submitted an application for a grant, or

20 in which an eligible entity has submitted an application

21 for a grant, which meets the requirements prescribed by

22 the Attorney General and the conditions set out in this

23 part.

24 ‘‘(h) MATCHING FUNDS.—The portion of the costs

25 of a program, project, or activity provided by a grant
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1 under subsection (a) of this section may not exceed 75

2 percent, unless the Attorney General waives, wholly or in

3 part, the requirement under this subsection of a non-Fed4 eral contribution to the costs of a program, project, or ac5 tivity. In relation to a grant for a period exceeding 1 year

6 for hiring or rehiring career law enforcement officers, the

7 Federal share shall decrease from year to year, looking

8 towards the continuation of the increased hiring level

9 using State or local sources of funding following the con10 clusion of Federal support, as provided in an approved

11 plan pursuant to section 1702(c)(8) of this part.

12 ‘‘(i) ALLOCATION OF FUNDS.—The funds available

13 under this part shall be allocated as provided in section

14 1001(a)(11)(B) of this Act.

15 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI16 CERS.—The authority under subsection (a) of this section

17 to make grants for the hiring and rehiring of additional

18 career law enforcement officers shall lapse at the conclu19 sion of 6 years from the date of enactment of this part.

20 Prior to the expiration of this grant authority, the Attor21 ney General shall submit a report to Congress concerning

22 the experience with and effects of such grants. The report

23 may include any recommendations the Attorney General

24 may have for amendments to this part and related provi25 sions of law in light of the termination of the authority
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1 to make grants for the hiring and rehiring of additional

2 career law enforcement officers.

3 ‘‘SEC. 1702. APPLICATIONS.

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

5 this part unless an application has been submitted to, and

6 approved by, the Attorney General.

7 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap8 plication for a grant under this part shall be submitted

9 in such form, and contain such information, as the Attor10 ney General may prescribe by regulation or guidelines.

11 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE12 LINES.—In accordance with the regulations or guidelines

13 established by the Attorney General, each application for

14 a grant under this part shall—

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

16 implementation plan that reflects consultation with

17 community groups and appropriate private and pub18 lic agencies and reflects consideration of the state19 wide strategy under section 503(a)(1) of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42

21 U.S.C. 3753(a)(1));

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

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

24 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

7 community support for implementing the proposal

8 including financial and in-kind contributions or

9 other tangible commitments;

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

12 or activity following the conclusion of Federal sup13 port; 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

19 the cost in the course of time, looking towards

20 the continuation of the increased hiring level

21 using State or local sources of funding following

22 the conclusion of Federal support;

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

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

2 to re-orient the affected law enforcement agen3 cy’s mission towards community-oriented polic4 ing or enhance its involvement in or commit5 ment to 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 of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3757) in the State in

12 which the applicant is located for initial review.

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

14 State office referred to in subsection (a) of this section

15 shall review applications for grants under this part sub16 mitted to it, based upon criteria specified by the Attorney

17 General by regulation or guidelines.

18 ‘‘(2) Upon completion of the reviews required by

19 paragraph (1) of this subsection, the State office referred

20 to in subsection (a) of this section shall determine which,

21 if any, of the application for grants under this part are

22 most likely to be successful in achieving the purposes of

23 section 101 of the Violent Crime Control and Law En24 forcement Act of 1993.
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1 ‘‘(3)(A) Based upon the determinations made under

2 paragraph (2) of this subsection, the State office referred

3 to in subsection (a) of this section shall list the applica4 tions for grants under this part in order of their likelihood

5 to achieve the purposes of section 101 of the Violent Crime

6 Control and Law Enforcement Act of 1993, and shall sub7 mit the list along with all grant applications and support8 ing materials received to the Attorney General.

9 ‘‘(B) In making the submission to the Attorney Gen10 eral required by subparagraph (A) of this paragraph, the

11 State office referred to in subsection (a) of this section

12 may recommend that a particular application or applica13 tions should receive special priority and provide supporting

14 reasons for the recommendation.

15 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN16 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

17 subsection (a) of this section, municipalities whose popu18 lation exceeds 150,000 may submit an application for a

19 grant under this part directly to the Attorney General. For

20 purposes of this subsection, ‘municipalities whose popu21 lation exceeds 150,000’ means units of local government

22 or law enforcement agencies having jurisdiction over areas

23 with populations exceeding 150,000, and consortia or as24 sociations that include one or more such units of local gov25 ernment or law enforcement agencies.
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1 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN2 ERAL BY OTHER APPLICANTS.—Notwithstanding sub3 section (a) of this section, if a State chooses not to carry

4 out the functions described in subsection (b) of this sec5 tion, an applicant in the State may submit an application

6 for a grant under this part directly to the Attorney Gen7 eral.

8 ‘‘SEC. 1704. RENEWAL OF GRANTS.

9 ‘‘(a) IN GENERAL.—Except for grants made for hir10 ing or rehiring additional career law enforcement officers,

11 a grant under this part may be renewed for up to two

12 additional years after the first fiscal year during which

13 a recipient receives its initial grant if the Attorney General

14 determines that the funds made available to the recipient

15 were used in a manner required under an approved appli16 cation and if the recipient can demonstrate significant

17 progress in achieving the objectives of the initial applica18 tion.

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

20 or rehiring additional career law enforcement officers may

21 be renewed for up to five years, subject to the require22 ments of subsection (a) of this section, but notwithstand23 ing the limitation in that subsection concerning the num24 ber of years for which grants may be renewed.
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1 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex2 ceeding one year may be renewed as provided in this sec3 tion, except that the total duration of such a grant includ4 ing any renewals may not exceed three years, or six years

5 if it is a grant made for hiring or rehiring additional ca6 reer law enforcement officers.

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

8 ‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds

9 made available under this part to State or local govern10 ments shall not be used to supplant State or local funds,

11 but will be used to increase the amount of funds that

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

13 from State or local sources.

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

20 Forfeiture equitable sharing program to cover the non21 Federal portion of programs, projects, and activities fund22 ed under this part.

23 ‘‘(d) HIRING COSTS.—Funding provided under this

24 part for hiring or rehiring a career law enforcement officer
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1 may not exceed $75,000, 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

6 an evaluation component, developed pursuant to guidelines

7 established by the Attorney General. The evaluations re8 quired by this subsection shall include outcome measures

9 that can be used to determine the effectiveness of the

10 funded programs, projects, and activities. Outcome meas11 ures may include crime and victimization indicators, qual12 ity of life measures, community perceptions, and police

13 perceptions of their own work.

14 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor15 ney General shall review the performance of each grant

16 recipient under this part. The Attorney General may re17 quire a grant recipient to submit to the Attorney General

18 the results of the evaluations required under subsection

19 (a) and such other data and information as the Attorney

20 General deems reasonably necessary to carry out the re21 sponsibilities under this subsection.

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

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

24 the reviews required by section 1706 of this part, or other25 wise, that a grant recipient under this part is not in sub-
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1 stantial compliance with the terms and requirements of

2 an approved grant application submitted under section

3 1702 of this part, the Attorney General may revoke or

4 suspend funding of that grant, in whole 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 ex8 amination to any pertinent books, documents, papers, or

9 records of a grant recipient under this part, as well as

10 the pertinent books, documents, papers, or records of

11 State and local governments, persons, businesses, and

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

13 activities for which assistance is provided under this part.

14 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi15 sions of subsection (a) of this section shall also apply with

16 respect to audits and examinations conducted by the

17 Comptroller General of the United States or by an author18 ized representative of the Comptroller General.

19 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

20 ‘‘The Attorney General is authorized to promulgate

21 regulations and guidelines to carry out this part.

22 ‘‘SEC. 1710. DEFINITION.

23 ‘‘For the purposes of this part, the term ‘career law

24 enforcement officer’ means a person hired on a permanent

25 basis who is authorized by law or by a State or local public
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1 agency to engage in or supervise the prevention, detection,

2 or investigation of violations of criminal laws.’’.

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

4 of title I of the Omnibus Crime Control and Safe Streets

5 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik6 ing the material relating to Part Q and inserting the fol7 lowing:

‘‘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.’’.

8 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

9 (a) AUTHORIZATION.—Section 1001(a) of title I of

10 the Omnibus Crime Control and Safe Streets Act of 1968

11 (42 U.S.C. 2793) is amended—

12 (1) in paragraph (3) by striking ‘‘and N.’’ and

13 inserting ‘‘N, O, P, and Q.’’; and

14 (2) by adding at the end the following new

15 paragraph:

16 ‘‘(11)(A) There are authorized to be appro17 priated to carry out Part Q, to remain available
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1 until expended, $200,000,000 for fiscal year 1994

2 and $650,000,000 for each of the fiscal years 1995,

3 1996, 1997, 1998, and 1999.

4 ‘‘(B) Of funds available under Part Q in any

5 fiscal year, up to 5 percent may be used for tech6 nical assistance under section 1701(e) or for evalua7 tions or studies carried out or commissioned by the

8 Attorney General in furtherance of the purposes of

9 Part Q, and up to 5 percent may be used for the

10 costs of States in carrying out the functions de11 scribed in section 1703(b) or other administrative

12 costs. Of the remaining funds, 60 percent shall be

13 allocated for grants pursuant to applications submit14 ted as provided in section 1703 (a) or (d), and 40

15 percent shall be allocated for grants pursuant to ap16 plications submitted as provided in section 1703(c).

17 Of the funds available in relation to grants pursuant

18 to applications submitted as provided in section

19 1703 (a) or (d), at least 85 percent shall be applied

20 to grants for the purposes specified in section

21 1701(b), and no more than 15 percent may be ap22 plied to other grants in furtherance of the purposes

23 of Part Q. Of the funds available in relation to

24 grants pursuant to applications submitted as pro25 vided in section 1703(c), at least 85 percent shall be
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1 applied to grants for the purposes specified in sec2 tion 1701(b), and no more than 15 percent may be

3 applied to other grants in furtherance of the pur4 poses of Part Q.’’.

5 TITLE II—DEATH PENALTY

6 SEC. 201. CONSTITUTIONAL PROCEDURES FOR THE IMPO7 SITION OF THE SENTENCE OF DEATH.

8 Part II of title 18 of the United States Code is

9 amended by adding the following new chapter after chap10 ter 227:

11 ‘‘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.

12 ‘‘§ 3591. Sentence of death

13 ‘‘A defendant who has been found guilty of—

14 ‘‘(1) an offense described in section 794 or sec15 tion 2381 of this title; or

16 ‘‘(2) any other offense for which a sentence of

17 death is provided, if the defendant, as determined

18 beyond a reasonable doubt at the hearing under sec19 tion 3593—

20 ‘‘(A) intentionally killed the victim;
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1 ‘‘(B) intentionally inflicted serious bodily

2 injury that resulted in the death of the victim;

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

4 contemplating that the life of a person would be

5 taken or intending that lethal force would be

6 used in connection with a person, other than

7 one of the participants in the offense, and the

8 victim died as a direct result of the act; or

9 ‘‘(D) intentionally and specifically engaged

10 in an act of violence, knowing that the act cre11 ated a grave risk of death to a person, other

12 than one of the participants in the offense, such

13 that participation in the act constituted a reck14 less disregard for human life and the victim

15 died as a direct result of the act,

16 shall be sentenced to death if, after consideration of the

17 factors set forth in section 3592 in the course of a hearing

18 held pursuant to section 3593, it is determined that impo19 sition of a sentence of death is justified, except that no

20 person may be sentenced to death who was less than 18

21 years of age at the time of the offense.
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1 ‘‘§ 3592. Mitigating and aggravating factors to be con2 sidered in determining whether a sen3 tence of death is justified

4 ‘‘(a) MITIGATING FACTORS.—In determining wheth5 er a sentence of death is to be imposed on a defendant,

6 the finder of fact shall consider any mitigating factor, in7 cluding the following:

8 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca9 pacity to appreciate the wrongfulness of the defend10 ant’s conduct or to conform conduct to the require11 ments of law was significantly impaired, regardless

12 of whether the capacity was so impaired as to con13 stitute a defense to the charge.

14 ‘‘(2) DURESS.—The defendant was under un15 usual and substantial duress, regardless of whether

16 the duress was of such a degree as to constitute a

17 defense to the charge.

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

19 punishable as a principal (as defined in section 2 of

20 title 18 of the United States Code) in the offense,

21 which was committed by another, but the defend22 ant’s participation was relatively minor, regardless

23 of whether the participation was so minor as to con24 stitute a defense to the charge.
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1 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An2 other defendant or defendants, equally culpable in

3 the crime, will not be punished by death.

4 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The de5 fendant did not have a significant prior history of

6 other criminal conduct.

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

8 the offense under severe mental or emotional dis9 turbance.

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

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

12 death.

13 ‘‘(8) OTHER FACTORS.—Other factors in the

14 defendant’s background, record, or character or any

15 other circumstance of the offense that mitigate

16 against imposition of the death sentence.

17 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

18 TREASON.—In determining whether a sentence of death

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

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

21 of the following aggravating factors for which notice has

22 been given and determine which, if any, exist:

23 ‘‘(1) PRIOR ESPIONAGE OR TREASON OF24 FENSE.—The defendant has previously been con25 victed of another offense involving espionage or trea-
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1 son for which a sentence of either life imprisonment

2 or death was authorized by law.

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

4 the commission of the offense the defendant know5 ingly created a grave risk of substantial danger to

6 the national security.

7 ‘‘(3) GRAVE RISK OF DEATH.—In the commis8 sion of the offense the defendant knowingly created

9 a grave risk of death to another person.

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 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE.—In

14 determining whether a sentence of death is justified for

15 an offense described in section 3591(2), the jury, or if

16 there is no jury, the court, shall consider each of the fol17 lowing aggravating factors for which notice has been given

18 and determine which, if any, exist:

19 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

20 CRIME.—The death, or injury resulting in death, oc21 curred during the commission or attempted commis22 sion of, or during the immediate flight from the

23 commission of, an offense under section 32 (destruc24 tion of aircraft or aircraft facilities), section 33 (de25 struction of motor vehicles or motor vehicle facili-
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1 ties), section 36 (violence at international airports),

2 section 351 (violence against Members of Congress,

3 Cabinet officers, or Supreme Court Justices), an of4 fense under section 751 (prisoners in custody of in5 stitution or officer), section 794 (gathering or deliv6 ering defense information to aid foreign govern7 ment), section 844(d) (transportation of explosives

8 in interstate commerce for certain purposes), section

9 844(f) (destruction of Government property by ex10 plosives), section 1118 (prisoners serving life term),

11 section 1201 (kidnapping), section 844(i) (destruc12 tion of property affecting interstate commerce by ex13 plosives), section 1116 (killing or attempted killing

14 of diplomats), section 1203 (hostage taking), section

15 1992 (wrecking trains), section 2280 (maritime vio16 lence), section 2281 (maritime platform violence),

17 section 2332 (terrorist acts abroad against United

18 States nationals), section 2339 (use of weapons of

19 mass destruction), or section 2381 (treason) of this

20 title, or section 902 (i) or (n) of the Federal Avia21 tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air22 craft piracy).

23 ‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL24 ONY INVOLVING FIREARM.—For any offense, other

25 than an offense for which a sentence of death is
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1 sought on the basis of section 924(c) of this title, as

2 amended by this Act, the defendant has previously

3 been convicted of a Federal or State offense punish4 able by a term of imprisonment of more than one

5 year, involving the use or attempted or threatened

6 use of a firearm, as defined in section 921 of this

7 title, against another person.

8 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

9 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON10 MENT WAS AUTHORIZED.—The defendant has pre11 viously been convicted of another Federal or State

12 offense resulting in the death of a person, for which

13 a sentence of life imprisonment or a sentence of

14 death was authorized by statute.

15 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI16 OUS OFFENSES.—The defendant has previously been

17 convicted of two or more Federal or State offenses,

18 punishable by a term of imprisonment of more than

19 one year, committed on different occasions, involving

20 the infliction of, or attempted infliction of, serious

21 bodily injury or death upon another person.

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

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

24 offense, or in escaping apprehension for the violation

25 of the offense, knowingly created a grave risk of
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1 death to one or more persons in addition to the vic2 tim of the offense.

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

4 OF COMMITTING OFFENSE.—The defendant commit5 ted the offense in an especially heinous, cruel, or de6 praved manner in that it involved torture or serious

7 physical abuse to the victim.

8 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY9 MENT.—The defendant procured the commission of

10 the offense by payment, or promise of payment, of

11 anything of pecuniary value.

12 ‘‘(8) PECUNIARY GAIN.—The defendant com13 mitted the offense as consideration for the receipt,

14 or in the expectation of the receipt, of anything of

15 pecuniary value.

16 ‘‘(9) SUBSTANTIAL PLANNING AND

17 PREMEDITATION.—The defendant committed the of18 fense after substantial planning and premeditation

19 to cause the death of a person or commit an act of

20 terrorism.

21 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF22 FENSES.—The defendant has previously been con23 victed of two or more State or Federal offenses pun24 ishable by a term of imprisonment of more than one
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1 year, committed on different occasions, involving the

2 distribution of a controlled substance.

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

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

5 infirmity.

6 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL

7 DRUG OFFENSES.—The defendant had previously

8 been convicted of violating title II or title III of the

9 Controlled Substances Act for which a sentence of 5

10 or more years may be imposed or had previously

11 been convicted of engaging in a continuing criminal

12 enterprise.

13 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN14 VOLVING DRUG SALES TO MINORS.—The defendant

15 committed the offense in the course of engaging in

16 a continuing criminal enterprise in violation of sec17 tion 408(c) of the Controlled Substances Act and

18 that violation involved the distribution of drugs to

19 persons under the age of 21 in violation of section

20 418 of such Act.

21 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defend22 ant committed the offense against—

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

24 the President-elect, the Vice President, the

25 Vice-President-elect, the Vice-President-des-
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1 ignate, or, if there is no Vice President, the of2 ficer next in order of succession to the office of

3 the President of the United States, or any per4 son who is acting as President under the Con5 stitution and laws of the United States;

6 ‘‘(B) a Chief of State, head of government,

7 or the political equivalent, of a foreign nation;

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

9 1116(b)(3)(A) of this title, if the official is in

10 the United States on official business; or

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

12 judge, a law enforcement officer, or an em13 ployee of a United States penal or correctional

14 institution—

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

16 performance of his or her official duties;

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

18 or her official duties; or

19 ‘‘(iii) because of his or her status as

20 a public servant.

21 For purposes of this subparagraph, a ‘law en22 forcement officer’ is a public servant authorized

23 by law or by a Government agency or Congress

24 to conduct or engage in the prevention, inves25 tigation, or prosecution or adjudication of an
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1 offense, and includes those engaged in correc2 tions, parole, or probation functions.

3 ‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT

4 OR CHILD MOLESTATION.—In the case of an offense

5 under chapter 109A (sexual abuse) or chapter 110

6 (sexual abuse of children), the defendant has pre7 viously been convicted of a crime of sexual assault

8 or crime of child molestation.

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

10 whether any other aggravating factor for which notice has

11 been given exists.

12 ‘‘§ 3593. Special hearing to determine whether a sen13 tence of death is justified

14 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case

15 involving an offense described in section 3591, the attor16 ney for the government believes that the circumstances of

17 the offense are such that a sentence of death is justified

18 under this chapter, the attorney shall, a reasonable time

19 before the trial or before acceptance by the court of a plea

20 of guilty, sign and file with the court, and serve on the

21 defendant, a notice—

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

23 the circumstances of the offense are such that, if the

24 defendant is convicted, a sentence of death is justi-
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1 fied under this chapter and that the government will

2 seek the sentence of death; and

3 ‘‘(2) setting forth the aggravating factor or fac4 tors that the government, if the defendant is con5 victed, proposes to prove as justifying a sentence of

6 death.

7 The factors for which notice is provided under this sub8 section may include factors concerning the effect of the

9 offense on the victim and the victim’s family, and may

10 include oral testimony, a victim impact statement that

11 identifies the victim of the offense and the extent and

12 scope of the injury and loss suffered by the victim and

13 the victim’s family, and any other relevant information.

14 The court may permit the notice to include any aggravat15 ing factor that is not an element of the underlying offense.

16 The court may also permit the attorney for the govern17 ment to amend the notice upon a showing of good cause.

18 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the

19 attorney for the government has filed a notice as required

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

21 or pleads guilty to an offense described in section 3591,

22 the judge who presided at the trial or before whom the

23 guilty plea was entered, or another judge if that judge is

24 unavailable, shall conduct a separate sentencing hearing
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1 to determine the punishment to be imposed. The hearing

2 shall be conducted—

3 ‘‘(1) before the jury that determined the de4 fendant’s guilt;

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

6 the hearing if—

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

8 plea of guilty;

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

10 trial before the court sitting without a jury;

11 ‘‘(C) the jury that determined the defend12 ant’s guilt was discharged for good cause; or

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

14 under this section, reconsideration of the sen15 tence under this section is necessary; or

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

17 the defendant and with the approval of the attorney

18 for the government.

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

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

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

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

23 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC24 TORS.—Notwithstanding rule 32(c) of the Federal Rules

25 of Criminal Procedure, when a defendant is found guilty
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1 or pleads guilty to an offense under section 3591, no

2 presentence report shall be prepared. At the sentencing

3 hearing, information may be presented as to any matter

4 relevant to the sentence, including any mitigating or ag5 gravating factor permitted or required to be considered

6 under section 3592. Information presented may include

7 the trial transcript and exhibits if the hearing is held be8 fore a jury or judge not present during the trial. The de9 fendant may present any information relevant to a miti10 gating factor. The government may present any informa11 tion relevant to an aggravating factor for which notice has

12 been provided under subsection (a). The government and

13 the defendant shall be permitted to rebut any information

14 received at the hearing, and shall be given fair opportunity

15 to present argument as to the adequacy of the information

16 to establish the existence of any aggravating or mitigating

17 factor, and as to the appropriateness in the case of impos18 ing a sentence of death. The government shall open the

19 argument. The defendant shall be permitted to reply. The

20 government shall then be permitted to reply in rebuttal.

21 The burden of establishing the existence of any aggravat22 ing factor is on the government, and is not satisfied unless

23 the existence of such a factor is established beyond a rea24 sonable doubt. The burden of establishing the existence

25 of any mitigating factor is on the defendant, and is not
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1 satisfied unless the existence of such a factor is established

2 by a preponderance of the information.

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

4 if there is no jury, the court, shall consider all the informa5 tion received during the hearing. It shall return special

6 findings identifying any aggravating factor or factors set

7 forth in section 3592 found to exist and any other aggra8 vating factor for which notice has been provided under

9 subsection (a) found to exist. A finding with respect to

10 a mitigating factor may be made by 1 or more members

11 of the jury, and any member of the jury who finds the

12 existence of a mitigating factor may consider such factor

13 established for purposes of this section regardless of the

14 number of jurors who concur that the factor has been es15 tablished. A finding with respect to any aggravating factor

16 must be unanimous. If no aggravating factor set forth in

17 section 3592 is found to exist, the court shall impose a

18 sentence other than death authorized by law.

19 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN20 TENCE 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), an

2 aggravating factor required to be considered under

3 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

8 absence of a mitigating factor, whether the aggravating

9 factor or factors alone are sufficient to justify a sentence

10 of death. Based upon this consideration, the jury by unan11 imous vote, or if there is no jury, the court, shall rec12 ommend whether the defendant should be sentenced to

13 death, to life imprisonment without possibility of release,

14 or to some other lesser sentence. The jury or the court,

15 if there is no jury, regardless of its findings with respect

16 to aggravating and mitigating factors, is never required

17 to impose a death sentence and the jury shall be so in18 structed.

19 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST

20 DISCRIMINATION.—In a hearing held before a jury, the

21 court, prior to the return of a finding under subsection

22 (e), shall instruct the jury that, in considering whether

23 a sentence of death is justified, it shall not consider the

24 race, color, religious beliefs, national origin, or sex of the

25 defendant or of any victim and that the jury is not to rec-
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1 ommend a sentence of death unless it has concluded that

2 it would recommend a sentence of death for the crime in

3 question no matter what the race, color, religious beliefs,

4 national origin, or sex of the defendant or of any victim

5 may be. The jury, upon return of a finding under sub6 section (e), shall also return to the court a certificate,

7 signed by each juror, that consideration of the race, color,

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

9 or any victim was not involved in reaching his or her indi10 vidual decision and that the individual juror would have

11 made the same recommendation regarding a sentence for

12 the crime in question no matter what the race, color, reli13 gious beliefs, national origin, or sex of the defendant or

14 any victim may be.

15 ‘‘§ 3594. Imposition of a sentence of death

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

17 the defendant should be sentenced to death or life impris18 onment without possibility of release, the court shall sen19 tence the defendant accordingly. Otherwise, the court shall

20 impose any lesser sentence that is authorized by law. Not21 withstanding any other provision of law, if the maximum

22 term of imprisonment for the offense is life imprisonment,

23 the court may impose a sentence of life imprisonment

24 without possibility of release.
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1 ‘‘§ 3595. Review of a sentence of death

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

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

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

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

6 of a notice of appeal. An appeal under this section may

7 be consolidated with an appeal of the judgment of convic8 tion and shall have priority over all other cases.

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

10 entire record in the case, including—

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

12 ‘‘(2) the information submitted during the sen13 tencing hearing;

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

15 hearing; and

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

17 3593(d).

18 ‘‘(c) DECISION AND DISPOSITION.—

19 ‘‘(1) The court of appeals shall address all sub20 stantive and procedural issues raised on the appeal

21 of a sentence of death, and shall consider whether

22 the sentence of death was imposed under the influ23 ence of passion, prejudice, or any other arbitrary

24 factor and whether the evidence supports the special

25 finding of the existence of an aggravating factor re26 quired to be considered under section 3592.
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1 ‘‘(2) Whenever the court of appeals finds

2 that—

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

4 under the influence of passion, prejudice, or any

5 other arbitrary factor;

6 ‘‘(B) the admissible evidence and informa7 tion adduced does not support the special find8 ing of the existence of the required aggravating

9 factor; or

10 ‘‘(C) the proceedings involved any other

11 legal error requiring reversal of the sentence

12 that was properly preserved for appeal under

13 the rules of criminal procedure,

14 the court shall remand the case for reconsideration

15 under section 3593 or imposition of a sentence other

16 than death.

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 sen22 tenced to death pursuant to the provisions of this chapter

23 shall be committed to the custody of the Attorney General

24 until exhaustion of the procedures for appeal of the judg25 ment of conviction and for review of the sentence. When
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1 the sentence is to be implemented, the Attorney General

2 shall release the person sentenced to death to the custody

3 of a United States marshal, who shall supervise implemen4 tation of the sentence in the manner prescribed by the law

5 of the State in which the sentence is imposed. If the law

6 of such State does not provide for implementation of a

7 sentence of death, the court shall designate another State,

8 the law of which does provide for the implementation of

9 a sentence of death, and the sentence shall be implemented

10 in the latter State in the manner prescribed by such law.

11 ‘‘(b) PREGNANT WOMAN.—A sentence of death shall

12 not be carried out upon a woman while she is pregnant.

13 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall

14 not be carried out upon a person who is mentally retarded.

15 A 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

18 imposed on that person.

19 ‘‘§ 3597. Use of State facilities

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

21 charged with supervising the implementation of a sentence

22 of death may use appropriate State or local facilities for

23 the purpose, may use the services of an appropriate State

24 or local official or of a person such an official employs
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1 for the purpose, and shall pay the costs thereof in an

2 amount approved 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,

6 the Federal Bureau of Prisons, or the United States Mar7 shals Service, and no employee providing services to that

8 department, bureau, or service under contract shall be re9 quired, as a condition of that employment or contractual

10 obligation, to be in attendance at or to participate in any

11 prosecution or execution under this section if such partici12 pation is contrary to the moral or religious convictions of

13 the employee. For purposes of this subsection, the term

14 ‘participation’ includes personal preparation of the con15 demned individual and the apparatus used for execution

16 and supervision of the activities of other personnel in car17 rying out such activities.

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

25 boundaries of such Indian country, unless the governing
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1 body of the tribe has elected that this chapter have effect

2 over land and persons subject to its criminal jurisdiction.’’.

3 (b) AMENDMENT OF CHAPTER ANALYSIS.—The

4 chapter analysis of part II of title 18, United States Code,

5 is amended by adding the following new item after the

6 item relating to chapter 227:

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

7 SEC. 202. SPECIFIC OFFENSES FOR WHICH DEATH PEN8 ALTY IS AUTHORIZED.

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

10 United States Code, is amended as follows:

11 (1) AIRCRAFTS AND MOTOR VEHICLES.—Sec12 tion 34 of title 18, United States Code, is amended

13 by striking the comma after ‘‘imprisonment for life’’

14 and inserting a period and striking the remainder of

15 the section.

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

17 United States Code, is amended by striking the pe18 riod at the end of the section and inserting ‘‘, except

19 that the sentence of death shall not be imposed un20 less the jury or, if there is no jury, the court, further

21 finds that the offense directly concerned nuclear

22 weaponry, military spacecraft or satellites, early

23 warning systems, or other means of defense or retal24 iation against large-scale attack; war plans; commu25 nications intelligence or cryptographic information;
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1 or any other major weapons system or major ele2 ment of defense strategy.’’.

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

4 844(d) of title 18, United States Code, is amended

5 by striking ‘‘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 OFFICIALS OR INTER19 NATIONALLY PROTECTED PERSONS.—Section

20 1116(a) of title 18, United States Code, is amended

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

22 murder in the first degree shall be sentenced to im23 prisonment for life, and’’.

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

25 United States Code, is amended by inserting after
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1 ‘‘or for life’’ the following: ‘‘and, if the death of any

2 person results, shall be punished by death or life im3 prisonment’’.

4 (7) NONMAILABLE INJURIOUS ARTICLES.—The

5 last paragraph of section 1716 of title 18, United

6 States Code, is amended by striking the comma

7 after ‘‘imprisonment for life’’ and inserting a period

8 and striking the remainder of the paragraph.

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

10 undesignated paragraph of section 1992 of title 18,

11 United States Code, is amended by striking the

12 comma after ‘‘imprisonment for life’’ and inserting

13 a period and striking the remainder of the section.

14 (9) BANK ROBBERY.—Section 2113(e) of title

15 18, United States Code, is amended by striking ‘‘or

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

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

18 punished by death or life imprisonment’’.

19 (10) HOSTAGE TAKING.—Section 1203(a) of

20 title 18, United States Code, is amended by insert21 ing after ‘‘or for life’’ the following: ‘‘and, if the

22 death of any person results, shall be punished by

23 death or life imprisonment’’.

24 (11) MURDER FOR HIRE.—Section 1958 of title

25 18, United States Code, is amended by striking
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1 ‘‘and if death results, shall be subject to imprison2 ment for any term of years or for life, or shall be

3 fined not more than $50,000, or both’’ and inserting

4 ‘‘and if death results, shall be punished by death or

5 life imprisonment, or shall be fined under this title,

6 or both’’.

7 (12) RACKETEERING.—Section 1959(a)(1) of

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

9 follows:

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

11 or a fine under this title, or both; and for kidnap12 ping, by imprisonment for any term of years or for

13 life, or a fine under this title, or both;’’.

14 (13) GENOCIDE.—Section 1091(b)(1) of title

15 18, United States Code, is amended by striking ‘‘a

16 fine of not more than $1,000,000 or imprisonment

17 for life,’’ and inserting ‘‘, where death results, by

18 death or imprisonment for life and a fine under this

19 title, or both;’’.

20 (14) CARJACKING.—Section 2119(3) of title 18,

21 United States Code, is amended to read as follows:

22 ‘‘(3) if death results, be punished by death or

23 imprisoned for any term of years or for life, fined

24 under this title, or both.’’
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1 (b) CONFORMING AMENDMENT TO FEDERAL AVIA2 TION ACT OF 1954.—Section 903 of the Federal Aviation

3 Act of 1958 (49 U.S.C. 1473) is amended by striking sub4 section (c).

5 SEC. 203. APPLICABILITY TO UNIFORM CODE OF MILITARY

6 JUSTICE.

7 The provisions of chapter 228 of title 18, United

8 States Code, as added by this title, shall not apply to pros9 ecutions under the Uniform Code of Military Justice (10

10 U.S.C. 801).

11 SEC. 204. DEATH PENALTY FOR MURDER BY A FEDERAL

12 PRISONER.

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

14 States Code, is amended by adding at the end thereof the

15 following new section:

16 ‘‘§ 1118. Murder by a Federal prisoner

17 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed18 eral correctional institution under a sentence for a term

19 of life imprisonment, commits the murder of another shall

20 be punished by death or by life imprisonment.

21 ‘‘(b) DEFINITIONS.—For the purposes of this sec22 tion—

23 ‘‘(1) the term ‘Federal correctional institution’

24 means any Federal prison, Federal correctional facil-
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1 ity, Federal community program center, or Federal

2 halfway house;

3 ‘‘(2) the term ‘term of life imprisonment’ means

4 a sentence for the term of natural life, a sentence

5 commuted to natural life, an indeterminate term of

6 a minimum of at least fifteen years and a maximum

7 of life, or an unexecuted sentence of death; and

8 ‘‘(3) the term ‘murder’ means a first degree or

9 second degree murder as defined by section 1111 of

10 this title.’’.

11 (b) AMENDMENT OF CHAPTER ANALYSIS.—The table

12 of sections at the beginning of chapter 51 of title 18,

13 United States Code, is amended by adding at the end

14 thereof the following:

‘‘1118. Murder by a Federal prisoner.’’.

15 SEC. 205. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

16 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

17 title 18, United States Code, is amended by striking the

18 period at the end of the last sentence and inserting ‘‘, or

19 may be sentenced to death.’’.

20 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

21 LAW.—Section 242 of title 18, United States Code, is

22 amended by striking the period at the end of the last sen23 tence and inserting ‘‘, or may be sentenced to death.’’.

24 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

25 245(b) of title 18, United States Code, is amended in the
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1 matter following paragraph (5) by inserting ‘‘, or may be

2 sentenced to death’’ after ‘‘or for life’’.

3 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC4 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

5 Section 247(c)(1) of title 18, United States Code, is

6 amended by inserting ‘‘, or may be sentenced to death’’

7 after ‘‘or both’’.

8 SEC. 206. DEATH PENALTY FOR THE MURDER OF FEDERAL

9 LAW ENFORCEMENT OFFICIALS.

10 Section 1114 of title 18, United States Code, is

11 amended by striking ‘‘punished as provided under sections

12 1111 and 1112 of this title,’’ and inserting ‘‘punished, in

13 the case of murder, by a sentence of death or life imprison14 ment as provided under section 1111 of this title, or, in

15 the case of manslaughter, a sentence as provided under

16 section 1112 of this title,’’.

17 SEC. 207. DRIVE-BY SHOOTINGS.

18 ‘‘(a) IN GENERAL.—Section 922 of title 18, United

19 States, Code, is amended by adding at the end thereof the

20 following:

21 ‘‘(s) It shall be unlawful for any person knowingly

22 to—

23 ‘‘(1) discharge a firearm from within a motor

24 vehicle and
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1 ‘‘(2) thereby create a grave risk to human

2 life.’’.

3 ‘‘(b) PENALTY.—Section 924(a) of such title is

4 amended—

5 ‘‘(1) in paragraph (1), by striking ‘paragraph

6 (2) or (3) of’; and

7 ‘‘(2) by adding at the end the following:

8 ‘‘(5) Whoever knowingly violates section 922(s) shall

9 be fined under this title or imprisoned not more than 25

10 years, or both, and if death results, shall be punished by

11 death or imprisonment for life or any term of years.’’.

12 SEC. 208. FOREIGN MURDER OF UNITED STATES NATION13 ALS.

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

15 States Code, is amended by adding at the end thereof the

16 following new section:

17 ‘‘§ 1118. Foreign murder of United States nationals

18 ‘‘(a) Whoever, being a national of the United States,

19 kills or attempts to kill a national of the United States

20 while such national is outside the United States but within

21 the jurisdiction of another country shall be punished as

22 provided under sections 1111, 1112, and 1113 of this title.

23 ‘‘(b) No prosecution may be instituted against any

24 person under this section except upon the written approval

25 of the Attorney General, the Deputy Attorney General, or
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1 an Assistant Attorney General, which function of approv2 ing prosecutions may not be delegated. No prosecution

3 shall be approved if prosecution has been previously un4 dertaken by a foreign country for the same conduct.

5 ‘‘(c) No prosecution shall be approved under this sec6 tion unless the Attorney General, in consultation with the

7 Secretary of State, determines that the conduct took place

8 in a country in which the person is no longer present, and

9 the country lacks the ability to lawfully secure the person’s

10 return. A determination by the Attorney General under

11 this subsection is not subject to judicial review.

12 ‘‘(d) As used in this section, the term ‘national of

13 the United States’ has the meaning given such term in

14 section 101(a)(22) of the Immigration and Nationality Act

15 (8 U.S.C. 1101(a)(22)).’’.

16 (b) CONFORMING AMENDMENT.—Section 1117 of

17 title 18, United States Code, is amended by striking ‘‘or

18 1116’’ and inserting ‘‘1116, or 1118’’.

19 (c) CLERICAL AMENDMENT.—The table of sections

20 at the beginning of chapter 51 of title 18, United States

21 Code, is amended by adding at the end the following new

22 item:

‘‘1118. Foreign Murder of United States Nationals.’’.
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1 SEC. 209. DEATH PENALTY FOR RAPE AND CHILD MOLES2 TATION MURDERS.

3 (a) OFFENSE.—Chapter 109A of title 18, United

4 States Code, is amended by redesignating section 2245 as

5 section 2246, and by adding the following new section:

6 ‘‘§ 2245. Sexual abuse resulting in death

7 ‘‘Whoever, in the course of an offense under this

8 chapter, engages in conduct that results in the death of

9 a person, shall be punished by death or imprisoned for

10 any term of years or for life.’’.

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 109A of title 18, United States Code, is amended by

13 striking the item for section 2245 and adding the follow14 ing:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

15 SEC. 210. DEATH PENALTY FOR SEXUAL EXPLOITATION OF

16 CHILDREN.

17 Section 2251(d) of title 18, United States Code, is

18 amended by adding at the end the following: ‘‘Whoever,

19 in the course of an offense under this section, engages in

20 conduct that results in the death of a person, shall be pun21 ished by death or imprisoned for any term of years or for

22 life.’’.
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1 SEC. 211. MURDER BY ESCAPED PRISONERS.

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

3 States Code, is amended by adding at the end the follow4 ing:

5 ‘‘§ 1120. Murder by escaped prisoners

6 ‘‘(a) IN GENERAL.—Whoever, having escaped from

7 a Federal prison where such person was confined under

8 a sentence for a term of life imprisonment, kills another

9 shall be punished as provided in sections 1111 and 1112

10 of this title.

11 ‘‘(b) DEFINITION.—As used in this section, the terms

12 ‘Federal prison’ and ‘term of life imprisonment’ have the

13 meanings given those terms in section 1118 of this title.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 51 of title 18, United States

16 Code, is amended by adding at the end the following:

‘‘1120. Murder by escaped prisoners.’’.

17 SEC. 212. DEATH PENALTY FOR GUN MURDERS DURING

18 FEDERAL CRIMES OF VIOLENCE AND DRUG

19 TRAFFICKING CRIMES.

20 Section 924 of title 18, United States Code, is

21 amended by adding after the subsections added by subtitle

22 B of title V of this Act the following:

23 ‘‘(o) Whoever, in the course of a violation of sub24 section (c) of this section, causes the death of a person

25 through the use of a firearm, shall—
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1 ‘‘(1) if the killing is a murder as defined in sec2 tion 1111 of this title, be punished by death or by

3 imprisonment for any term of years or for life; and

4 ‘‘(2) if the killing is manslaughter as defined in

5 section 1112 of this title, be punished as provided in

6 that section.’’.

7 SEC. 213. HOMICIDES AND ATTEMPTED HOMICIDES IN8 VOLVING FIREARMS IN FEDERAL FACILITIES.

9 Section 930 of title 18, United States Code, is

10 amended by—

11 (a) redesignating subsections (c), (d), (e), and

12 (f) as subsections (d), (e), (f), and (g) respectively;

13 (b) in subsection (a), striking ‘‘(c)’’ and insert14 ing ‘‘(d)’’; and

15 (c) inserting after subsection (b) the following:

16 ‘‘(c) Whoever kills or attempts to kill any person in

17 the course of a violation of subsection (a) or (b), or in

18 the course of an attack on a Federal facility involving the

19 use of a firearm or other dangerous weapon, shall be pun20 ished as provided in sections 1111, 1112, and 1113 of this

21 title.’’
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1 SEC. 214. DEATH PENALTY FOR THE MURDER OF STATE OR

2 LOCAL OFFICIALS ASSISTING FEDERAL LAW

3 ENFORCEMENT OFFICIALS.

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

5 States Code, as amended by section 205 of this Act, is

6 amended by adding at the end the following:

7 ‘‘§ 1119. Killing persons aiding Federal investigations

8 ‘‘Whoever intentionally kills—

9 ‘‘(1) a State or local official, law enforcement

10 officer, or other officer or employee while working

11 with Federal law enforcement officials in furtherance

12 of a Federal criminal investigation—

13 ‘‘(A) while the victim is engaged in the

14 performance of official duties;

15 ‘‘(B) because of the performance of the

16 victim’s official duties; or

17 ‘‘(C) because of the victim’s status as a

18 public 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 according to the terms of section 1111

23 of title 18, United States Code, including by sentence of

24 death or by imprisonment for life.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 51 of title 18, United States

3 Code, is amended by adding at the end the following:

‘‘1119. Killing persons aiding Federal investigations.’’.

4 SEC. 215. DEATH PENALTY FOR MURDER OF FEDERAL WIT5 NESSES.

6 Section 1512(a)(2)(A) of title 18, United States

7 Code, is amended to read as follows:

8 ‘‘(A) in the case of murder as defined in section

9 1111 of this title, the death penalty or imprisonment

10 for life, and in the case of any other killing, the pun11 ishment provided in section 1112 of this title;’’.

12 SEC. 216. TERRORIST DEATH PENALTY ACT.

13 Section 2332(a)(1) of title 18 of the United States

14 Code is amended to read as follows:

15 ‘‘(1)(A) if the killing is murder as defined in

16 section 1111(a) of this title, be fined under this title,

17 punished by death or imprisonment for any term of

18 years or for life, or both;’’.

19 SEC. 217. PROTECTION OF COURT OFFICERS AND JURORS.

20 Section 1503 of title 18, United States Code, is

21 amended—

22 (1) by designating the current text as sub23 section (a);
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1 (2) by striking ‘‘fined not more than $5,000 or

2 imprisoned not more than five years, or both.’’ and

3 inserting ‘‘punished as provided in subsection (b).’’;

4 (3) by adding at the end the following:

5 ‘‘(b) The punishment for an offense under this sec6 tion is—

7 ‘‘(1) in the case of a killing, the punishment

8 provided in sections 1111 and 1112 of this title;

9 ‘‘(2) in the case of an attempted killing, or a

10 case in which the offense was committed against a

11 petit juror and in which a class A or B felony was

12 charged, imprisonment for not more than twenty

13 years, a fine under this title, or both; and

14 ‘‘(3) in any other case, imprisonment for not

15 more than ten years, a fine under this title, or

16 both.’’; and

17 ‘‘(4) in subsection (a), as so designated by this

18 section, by striking ‘‘commissioner’’ each place it ap19 pears and inserting ‘‘magistrate judge’’.

20 SEC. 218. PROHIBITION OF RETALIATORY KILLINGS OF

21 WITNESSES, VICTIMS AND INFORMANTS.

22 Section 1513 of title 18, United States Code, is

23 amended—

24 (1) by redesignating subsections (a) and (b) as

25 subsections (b) and (c), respectively; and
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1 (2) by inserting after the section heading a new

2 subsection (a) as follows:

3 ‘‘(a)(1) Whoever kills or attempts to kill another per4 son with intent to retaliate against any person for—

5 ‘‘(A) the attendance of a witness or party at an

6 official proceeding, or any testimony given or any

7 record, document, or other object produced by a wit8 ness in an official proceeding; or

9 ‘‘(B) any information relating to the commis10 sion or possible commission of a Federal offense or

11 a violation of conditions of probation, parole or re12 lease pending judicial proceedings given by a person

13 to a law enforcement officer; shall be punished as

14 provided in paragraph (2).

15 ‘‘(2) The punishment for an offense under this sub16 section is—

17 ‘‘(A) in the case of a killing, the punishment

18 provided in sections 1111 and 1112 of this title; and

19 ‘‘(B) in the case of an attempt, imprisonment

20 for not more than twenty years, a fine under this

21 title, or both.’’.

22 SEC. 219. PROTECTION OF JURORS AND WITNESSES IN

23 CAPITAL CASES.

24 Section 3432 of title 18, United States Code, is

25 amended by inserting before the period the following:
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1 ‘‘, except that such list of the veniremen and witnesses

2 need not be furnished if the court finds by a preponder3 ance of the evidence that providing the list may jeopardize

4 the life or safety of any person’’.

5 TITLE III—HABEAS CORPUS

6 REFORM

7 SEC. 301. FILING DEADLINES.

8 Section 2242 of title 28, United States Code, is

9 amended—

10 (1) by substituting for the existing heading the

11 following: ‘‘Filing of habeas corpus petition; time re12 quirements; tolling rules’’;

13 (2) by inserting ‘‘(a)(1)’’ before the first para14 graph, ‘‘(2)’’ before the second paragraph, ‘‘(3)’’ be15 fore the third paragraph, and ‘‘(4)’’ before the

16 fourth paragraph;

17 (3) by amending the third paragraph to read as

18 follows:

19 ‘‘Leave to amend or supplement the petition shall be

20 freely given, as provided in the rules of procedure applica21 ble to civil actions.’’; and

22 (4) by adding at the end the following:

23 ‘‘(b) An application for habeas corpus relief under

24 section 2254 must be filed in the appropriate district court

25 not later than 180 days after—
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1 ‘‘(1) the last day for filing a petition for a writ

2 of certiorari in the United States Supreme Court on

3 direct appeal or unitary review of the conviction and

4 sentence, if such a petition has not been filed within

5 the time limits established by law;

6 ‘‘(2) the date of the denial of a writ of certio7 rari, if a petition for a writ of certiorari to the high8 est court of the State on direct appeal or unitary re9 view of the conviction and sentence is filed, within

10 the time limits established by law, in the United

11 States Supreme Court; or

12 ‘‘(3) the date of the issuance of the mandate of

13 the United States Supreme Court, if on a petition

14 for a writ of certiorari the Supreme Court grants

15 the writ and disposes of the case in a manner that

16 leaves the sentence undisturbed.

17 ‘‘(c)(1) Notwithstanding the filing deadline imposed

18 by subsection (b), if a petitioner under a sentence of death

19 has filed a petition for post-conviction review in State

20 court within 270 days of the appointment of counsel as

21 required by section 2258 of this title, the petitioner shall

22 have 180 days to file a petition under this chapter upon

23 completion of the State court review.

24 ‘‘(2) The time requirements established by subsection

25 (b) shall not apply unless the State has provided notice
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1 to a petitioner under sentence of death of the time require2 ments established by this section. Such notice shall be pro3 vided upon the final disposition of the initial petition for

4 State post-conviction review.

5 ‘‘(3) In a case in which a sentence of death has been

6 imposed, the time requirements established by subsection

7 (b) shall be tolled—

8 ‘‘(A) during any period in which the State has

9 failed to appoint counsel for State post-conviction re10 view as required in section 2258 of this title;

11 ‘‘(B) during any period in which the petitioner

12 is incompetent; and

13 ‘‘(C) during an additional period, not to exceed

14 60 days, if the petitioner makes a showing of good

15 cause.’’

16 ‘‘(d)(1) Notwithstanding the filing deadline imposed

17 by subsection (b), if a petitioner under a sentence other

18 than death has filed—

19 ‘‘(A) a petition for post-conviction review in

20 State court; or

21 ‘‘(B) a request for counsel for post-conviction

22 review,

23 before the expiration of the period described in subsection

24 (b), the petitioner shall have 180 days to file a petition
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1 under this chapter upon completion of the State court re2 view.

3 ‘‘(2) The time requirements established by subsection

4 (b) shall not apply in a case in which a sentence other

5 than death has been imposed unless—

6 ‘‘(A) the State has provided notice to the peti7 tioner of the time requirements established by this

8 section and of the availability of counsel as described

9 in subparagraph (B). Such notice shall be provided

10 orally at the time of sentencing and in writing at the

11 time the petitioner’s conviction becomes final, except

12 that in a case in which the petitioner’s conviction be13 comes final within 30 days of sentencing, the State

14 may provide both the oral and the written notice at

15 sentencing. In all cases, the written notice to the pe16 titioner shall include easily understood instructions

17 for filing a request for counsel for State post-convic18 tion review; and

19 ‘‘(B)(i) the State provides counsel to the peti20 tioner upon the filing of a request for counsel for

21 State post-conviction review; or

22 ‘‘(ii) the State provides counsel to the peti23 tioner, if a request for counsel for State post-convic24 tion review is not filed, upon the filing of a petition

25 for post-conviction review.
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1 ‘‘(3) The time requirements established by subsection

2 (b) shall be tolled in a case in which a sentence other than

3 death has been imposed—

4 ‘‘(A) during any period in which the petitioner

5 is incompetent; and

6 ‘‘(B) during an additional period, not to exceed

7 60 days, if the petitioner makes a showing of good

8 cause.’’

9 ‘‘(e) An application that is not filed within the time

10 requirements established by this section shall be governed

11 by section 2244(b).’’.

12 SEC. 302. STAYS OF EXECUTION IN CAPITAL CASES.

13 Section 2251 of title 28, United States Code, is

14 amended—

15 (1) by inserting ‘‘(a)(1)’’ before the first para16 graph and ‘‘(2)’’ before the second paragraph; and

17 (2) by adding at the end the following:

18 ‘‘(b) In the case of a person under sentence of death,

19 a warrant or order setting an execution shall by stayed

20 upon application to any court that would have jurisdiction

21 over a habeas corpus petition under this chapter. The stay

22 shall be contingent upon reasonable diligence by the appli23 cant in pursuing relief with respect to such sentence and

24 shall expire if—
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1 ‘‘(1) the applicant fails to file for relief under

2 this chapter within the time requirements estab3 lished by section 2242;

4 ‘‘(2) upon completion of district court and court

5 of appeals review under section 2254 of this title,

6 the application is denied and—

7 ‘‘(A) the time for filing a petition for a

8 writ of certiorari expires before a petition is

9 filed;

10 ‘‘(B) a timely petition for a writ of certio11 rari is filed and the Supreme Court denies the

12 petition; or

13 ‘‘(C) a timely petition for a writ of certio14 rari is filed and, upon consideration of the case,

15 the Supreme Court disposes of it in a manner

16 that leaves the capital sentence undisturbed; or

17 ‘‘(3) before a court of competent jurisdiction, in

18 the presence of counsel, and after being advised of

19 the consequences of the decision, the applicant com20 petently and knowingly waives the right to pursue

21 habeas corpus relief under this chapter.

22 ‘‘(c) If any one of the conditions in subsection (b)

23 has occurred, no Federal court thereafter shall have the

24 authority to enter a stay of execution unless the applicant

25 has filed a habeas corpus petition that satisfies, on its
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1 face, section 2244(b) or section 2256. A stay granted pur2 suant to this subsection shall expire if, after the grant of

3 the stay, one of the conditions specified in subsection

4 (b)(2) or (3) occurs.’’ .

5 SEC. 303. LIMITS ON NEW RULES; STANDARD OF REVIEW.

6 (a) Chapter 153 of title 28, United States Code, is

7 amended by adding at the end the following:

8 ‘‘§ 2257. Law applicable

9 ‘‘(a) Except as provided in subsection (b), in a case

10 subject to this chapter, the court shall not announce or

11 apply a new rule to grant habeas corpus relief.

12 ‘‘(b) A court considering a claim under this chapter

13 shall apply a new rule when—

14 ‘‘(1) the new rule places a class of individual

15 conduct beyond the power of the criminal law-mak16 ing authority to proscribe, or prohibits the imposi17 tion of a certain type of punishment for a class of

18 persons because of their status or offense; or

19 ‘‘(2) the new rule constitutes a watershed rule

20 of criminal procedure implicating the fundamental

21 fairness and accuracy of the criminal proceeding.

22 ‘‘(c) As used in this section, a ‘new rule’ is a rule

23 that changes the constitutional or statutory standards

24 that prevailed at the time the petitioner’s conviction and

25 sentence became final on direct appeal.’’.
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1 (b) Section 2254(a) of title 28, United States Code,

2 is amended by adding at the end the following:

3 ‘‘Except as to Fourth Amendment claims con4 trolled by Stone v. Powell, 428 U.S. 465 (1976), the

5 Federal courts, in reviewing an application under

6 this section, shall review de novo the rulings of a

7 State court on matters of Federal law, including the

8 application of Federal law to facts, regardless of

9 whether the opportunity for a full and fair hearing

10 on such Federal questions has been provided in the

11 State court. In the case of a violation that can be

12 harmless, the State shall bear the burden of proving

13 harmlessness.’’.

14 SEC. 304. LIMITS ON SUCCESSIVE PETITIONS.

15 Section 2244(b) of title 28, United States Code, is

16 amended to read as follows:

17 ‘‘(b)(1) A claim presented in a habeas corpus petition

18 that was not timely presented in a prior petition shall be

19 dismissed unless—

20 ‘‘(A) the petitioner shows that—

21 ‘‘(i) the failure to raise the claim pre22 viously was the result of interference by State

23 officials with the presentation of the claim, in

24 violation of the Constitution or laws of the

25 United States;
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1 ‘‘(ii) the claim relies on a new rule that is

2 applicable under section 2257 and was pre3 viously unavailable; or

4 ‘‘(iii) the factual predicate for the claim

5 could not have been discovered previously

6 through the exercise of reasonable diligence;

7 and

8 ‘‘(B) the facts underlying the claim, if proven

9 and viewed in light of the evidence as a whole, would

10 be sufficient to—

11 ‘‘(i) undermine the court’s confidence in

12 the factfinder’s determination of the applicant’s

13 guilt of the offense or offenses for which the

14 sentence was imposed; or

15 ‘‘(ii) demonstrate that no reasonable sen16 tencing authority would have found an aggra17 vating circumstance or other condition of eligi18 bility for a capital or non-capital sentence, or

19 otherwise would have imposed a sentence of

20 death.

21 ‘‘(2) Notwithstanding other matters pending before

22 the court, claims for relief under this subsection from a

23 case wherein a sentence of death was imposed shall receive

24 a prompt review in a manner consistent with the interests

25 of justice.’’.
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1 SEC. 305. CERTIFICATES OF PROBABLE CAUSE.

2 The third paragraph of section 2253 of title 28,

3 United States Code, is amended by adding at the end the

4 following: ‘‘However, an applicant under sentence of death

5 shall have a right of appeal without a certificate of prob6 able cause, except after denial of a habeas corpus petition

7 filed under section 2244(b).’’.

8 SEC. 306. PROVISION OF COUNSEL.

9 (a) IN GENERAL.—Chapter 153 of title 28, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘§ 2258. Counsel in capital cases; State court

13 ‘‘(a) COUNSEL.—A State in which a sentence of

14 death may be imposed under State law shall provide legal

15 services to—

16 ‘‘(1) indigents charged with offenses for which

17 capital punishment is sought;

18 ‘‘(2) indigents who have been sentenced to

19 death and who seek appellate, post-conviction, or

20 unitary review in State court; and

21 ‘‘(3) indigents who have been sentenced to

22 death and who seek certiorari review of State court

23 judgments in the United States Supreme Court.

24 The provisions of this section shall not apply or form a

25 basis for relief to non-indigents.

26 ‘‘(b) COUNSEL AUTHORITY.—
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1 ‘‘(1) A State in which a sentence of death may

2 be imposed under State law shall, within 180 days

3 after the date of enactment of this subsection, estab4 lish a State counsel authority which shall recruit,

5 train, monitor, and support attorneys involved at all

6 stages of capital litigation. The authority shall be

7 comprised of members of the bar with substantial

8 experience in, or commitment to, the representation

9 of criminal defendants in capital cases, and shall be

10 comprised of a balanced representation from each

11 segment of the State’s criminal defense bar, such as

12 a statewide defender organization, a capital case re13 source center, local public defender’s offices and pri14 vate attorneys involved in criminal trial, appellate,

15 post-conviction or unitary review practice.

16 ‘‘(2) If a State fails to establish a counsel au17 thority within 180 days after the date of enactment

18 of this subsection, a private cause of action may be

19 brought in Federal district court to enforce this pro20 vision by any aggrieved party, including a defendant

21 eligible for appointed representation under this sec22 tion or a member of an organization eligible for rep23 resentation on the counsel authority. If the court

24 finds that the State has failed to establish a counsel

25 authority as required by this subsection, the court
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1 shall grant appropriate injunctive and declaratory

2 relief. The court shall grant no relief that obstructs

3 the prosecution of State criminal proceedings at any

4 stage.

5 ‘‘(c) DUTIES OF AUTHORITY.—The counsel authority

6 shall—

7 ‘‘(1) establish and publish standards governing

8 the qualification of counsel, which shall include—

9 ‘‘(A) knowledge and understanding of per10 tinent legal authorities regarding issues in cap11 ital cases;

12 ‘‘(B) skills in the conduct of negotiations

13 and litigation in capital cases, the investigation

14 of capital cases and the psychiatric history and

15 current condition of capital clients, and the

16 preparation and writing of legal papers in cap17 ital cases;

18 ‘‘(C) the minimum qualifications required

19 by subsection (d); and

20 ‘‘(D) any additional qualifications relevant

21 to the representation of capital defendants;

22 ‘‘(2) establish application and certification pro23 cedures for attorneys who possess the qualifications

24 established pursuant to paragraph (1);
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1 ‘‘(3) establish application and certification pro2 cedures for attorneys who do not possess all the

3 qualifications established pursuant to paragraph (1)

4 but who possess, in addition to the minimum quali5 fications required by subsection (d), additional re6 sources (such as an affiliation with a publicly funded

7 defender organization) and experience which enable

8 them to provide quality legal representation com9 parable to that of an attorney possessing the quali10 fications established pursuant to paragraph (1);

11 ‘‘(4) establish application and certification pro12 cedures, to be used on a case by case basis, for at13 torneys who do not necessarily possess the minimum

14 qualifications required by subsection (d), but who

15 possess other extraordinary experience and resources

16 which enable them to provide quality legal represen17 tation comparable to that of an attorney possessing

18 the qualifications established pursuant to paragraph

19 (1);

20 ‘‘(5) publish a current roster of attorneys cer21 tified pursuant to paragraph (2) or (3) to be ap22 pointed in capital cases;

23 ‘‘(6) promptly designate a defense team for the

24 relevant stage of proceedings, upon receiving notice
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1 from the relevant State court pursuant to subsection

2 (e)(1);

3 ‘‘(7) consult with the highest State court having

4 jurisdiction over criminal matters regarding a sched5 ule of hourly rates, periodically publish such sched6 ule as established by such court, assist counsel with

7 obtaining investigative and expert assistance, and

8 publish rules governing the authority’s review and

9 certification for payment of reasonable fees and ex10 penses;

11 ‘‘(8) establish and publish standards governing

12 the performance of counsel in capital cases, includ13 ing standards which proscribe abusive practices and

14 mandate sound practices in order to further the fair

15 and orderly administration of justice;

16 ‘‘(9) monitor the performance of attorneys cer17 tified pursuant to this subsection; and

18 ‘‘(10) delete from the roster any attorney who

19 fails to meet the qualification or performance stand20 ards established pursuant to this subsection.

21 ‘‘(d) MINIMUM COUNSEL STANDARDS.—All counsel

22 certified pursuant to paragraph (2) or (3) of subsection

23 (c) or appointed pursuant to subsection (f) shall possess,

24 in addition to any qualifications required by State or local

25 law, the following minimum qualifications:
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1 ‘‘(1) Familiarity with the performance stand2 ards established by the counsel authority.

3 ‘‘(2) Familiarity with the appropriate court sys4 tem, including the procedural rules regarding timeli5 ness of filings and procedural default.

6 ‘‘(3) In the case of counsel appointed for the

7 trial or sentencing stages, at least two of the quali8 fications listed in subparagraph (A) and one of the

9 qualifications listed in subparagraph (B), or one of

10 the alternative qualifications listed in subparagraph

11 (C):

12 ‘‘(A) Qualifying trial experience (must

13 have two): Prior experience within the last 10

14 years as—

15 ‘‘(i) lead or sole counsel in 12 jury

16 trials, of which no fewer than five were

17 criminal jury trials;

18 ‘‘(ii) lead or sole counsel in three

19 criminal jury trials in which the charge

20 was murder or aggravated murder;

21 ‘‘(iii) co-counsel in five criminal jury

22 trials in which the charge was murder or

23 aggravated murder; or

24 ‘‘(iv) lead or sole counsel in no fewer

25 than five criminal jury trials involving
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1 crimes of violence against persons, punish2 able by imprisonment of over one year;

3 which were tried to a verdict or to a deadlocked

4 jury.

5 ‘‘(B) Qualifying capital trial experience

6 (must have one):

7 ‘‘(i) lead or sole counsel within the

8 last five years in the trial of at least one

9 capital case which was tried through sen10 tencing;

11 ‘‘(ii) co-counsel in the trial of no fewer

12 than two capital cases (one of which oc13 curred within the last five years) which

14 were tried through sentencing; or

15 ‘‘(iii) successful completion within the

16 preceding two years of a training program

17 in capital trial litigation that has been cer18 tified by the counsel authority or, if the

19 authority has not certified a program, suc20 cessful completion of an at least 12-hour

21 training program in capital trial litigation

22 for which continuing legal education

23 (CLE) credit is available, and which the

24 CLE authority in the State has certified as
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1 comporting with the objectives and require2 ments of this section.

3 ‘‘(C) Alternative qualifying experience for

4 trial: Notwithstanding subparagraphs (A) and

5 (B), an attorney shall be eligible for certifi6 cation pursuant to paragraph (2) or (3) of sub7 section (c) or appointment pursuant to sub8 section (f) if the attorney—

9 ‘‘(i) has participated in three evi10 dentiary hearings and has been employed

11 for more than one year by a capital re12 source center, a unit or its equivalent that

13 specializes in capital cases within a public

14 defender office, or a public interest law of15 fice specializing in capital litigation; or

16 (ii) has been certified by the State

17 capital litigation resource center as com18 petent to be assigned to a capital trial.

19 ‘‘(4) In the case of counsel appointed for appel20 late or unitary review, at least one of the qualifica21 tions listed in subparagraph (A) and one of the

22 qualifications listed in subparagraph (B), or one of

23 the alternative qualifications listed in subparagraph

24 (C):
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1 ‘‘(A) Qualifying appellate experience (must

2 have one): Prior experience within the past 5

3 years as—

4 ‘‘(i) lead or sole counsel in no fewer

5 than 10 appeals, of which no fewer than

6 five were criminal appeals;

7 ‘‘(ii) lead or sole counsel in no fewer

8 than six criminal felony appeals; or

9 ‘‘(iii) lead or sole counsel in three

10 criminal felony appeals, at least one of

11 which was an appeal of a murder or aggra12 vated murder conviction;

13 which were fully briefed.

14 ‘‘(B) Qualifying capital appellate experi15 ence (must have one):

16 ‘‘(i) lead or sole counsel within the

17 last five years in the appeal or unitary re18 view of at least one capital case;

19 ‘‘(ii) co-counsel in the appeal or uni20 tary review of no fewer than two capital

21 cases, one of which occurred within the

22 last five years;

23 ‘‘(iii) successful completion within the

24 preceding two years of a training program

25 in the litigation of capital appeals that has
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1 been certified by the counsel authority or,

2 if the authority has not certified a pro3 gram, successful completion of an at least

4 12-hour training program in capital litiga5 tion with a focus on appeals for which con6 tinuing legal education (CLE) credit is

7 available, and which the CLE authority in

8 the State has certified as comporting with

9 the objectives and the requirements of this

10 section.

11 ‘‘(C) Alternative qualifying experience for

12 appeals: Notwithstanding subparagraphs (A)

13 and (B), an attorney shall be eligible for certifi14 cation pursuant to paragraph (2) or (3) of sub15 section (c) or for appointment pursuant to sub16 section (f) if the attorney—

17 ‘‘(i) has been employed for more than

18 one year by a capital resource center, a

19 unit or its equivalent that specializes in

20 capital cases within a public defender of21 fice, or a public interest law office special22 izing in capital litigation; or

23 ‘‘(ii) has been certified by the State

24 capital litigation resource center as com25 petent to be assigned to a capital appeal.
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1 ‘‘(5) In the case of counsel appointed for post2 conviction proceedings, at least two of the qualifica3 tions listed in subparagraph (A) and at least one of

4 the qualifications listed in subparagraph (B), or one

5 of alternative qualifications listed in subparagraph

6 (C):

7 ‘‘(A) Qualifying post-conviction experience

8 (must have two): Prior experience within the

9 past 10 years as—

10 ‘‘(i) lead or sole counsel in no fewer

11 than 3 post-conviction proceedings;

12 ‘‘(ii) co-counsel in no fewer than 5

13 post-conviction proceedings;

14 ‘‘(iii) one of the trial qualifications

15 listed in paragraph (3)(A); or

16 ‘‘(iv) one of the appellate qualifica17 tions listed in paragraph (4)(A).

18 ‘‘(B) Qualifying capital post-conviction ex19 perience (must have one):

20 ‘‘(i) lead or sole counsel within the

21 last five years in the trial (through sen22 tencing), appeal or post-conviction review

23 of at least one capital case;

24 ‘‘(ii) co-counsel in the trial (through

25 sentencing), appeal or post-conviction re-
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1 view of no fewer than two capital cases,

2 one of which occurred within the last five

3 years; or

4 ‘‘(iii) successful completion during the

5 preceding two years of a training program

6 in the litigation of capital post-conviction

7 proceedings that has been certified by the

8 counsel authority or, if the authority has

9 not certified a program, successful comple10 tion of an at least 12-hour training pro11 gram in capital litigation with a focus on

12 post-conviction proceedings for which con13 tinuing legal education (CLE) credit is

14 available, and which the CLE authority in

15 the State has certified as comporting with

16 the objectives and requirements of this sec17 tion.

18 ‘‘(C) Alternative qualifying experience for

19 post-conviction proceedings: Notwithstanding

20 subparagraphs (A) and (B), an attorney shall

21 be eligible for certification pursuant to para22 graph (2) or (3) of subsection (c) or appoint23 ment pursuant to subsection (f) if the attor24 ney—
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1 ‘‘(i) has participated in three evi2 dentiary hearings and has been employed

3 for more than one year by a capital litiga4 tion resource center, by a unit or its equiv5 alent that specializes in capital cases with6 in a public defender office, or by a public

7 interest law office specializing in capital

8 litigation; or

9 ‘‘(ii) has been certified by the State

10 capital litigation resource center as com11 petent to be assigned to a capital post-con12 viction proceeding.

13 ‘‘(e) APPOINTMENT OF CERTIFIED COUNSEL.—

14 ‘‘(1) The relevant State court shall notify the

15 counsel authority promptly whenever it is to preside

16 over a capital proceeding involving an indigent cap17 ital defendant, appellant, or petitioner. The counsel

18 authority shall designate a defense team as de19 scribed in paragraph (2) within 15 days after receiv20 ing such notice. If the counsel authority designates

21 a defense team within 15 days after receiving such

22 notice, the court shall appoint at least two of the

23 designated attorneys.

24 ‘‘(2) If the counsel authority fails to designate

25 a defense team within 15 days after receiving the
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1 notice required by paragraph (1), the State court

2 shall appoint at least two attorneys to represent an

3 indigent at trial, on appeal, and in State post-convic4 tion proceedings, including—

5 ‘‘(A) a lead counsel who is on the roster

6 published pursuant to subsection (c)(5);

7 ‘‘(B) a defender organization or resource

8 center which shall designate appropriate attor9 neys affiliated with the organization, including

10 a lead counsel who is on the roster published

11 pursuant to subsection (c)(5); or

12 ‘‘(C) a lead counsel certified pursuant to

13 subsection (c)(4).

14 ‘‘(3) Upon a showing of reasonable need, the

15 relevant State court shall appoint additional counsel

16 as designated by the counsel authority unless it finds

17 such appointment to be unnecessary and unreason18 able. The court may appoint additional attorneys not

19 designated by the counsel authority upon a showing

20 of reasonable need.

21 ‘‘(f) If there is no roster of attorneys published pur22 suant to subsection (c)(5), if no attorney on the roster

23 can accept the appointment, if no attorney certified pursu24 ant to subsection (c)(4) has been appointed, and if the

25 counsel authority fails to designate a defense team pursu-
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1 ant to subsection (e)(1), the State court shall appoint at

2 least 2 attorneys to represent an indigent at trial, on ap3 peal, and in State post-conviction proceedings, including—

4 ‘‘(1) a lead counsel who possesses the minimum

5 qualifications required by subsection (d); or

6 ‘‘(2) a defender organization or resource center

7 which shall designate appropriate attorneys affiliated

8 with the organization, including a lead counsel who

9 possesses the qualifications required by subsection

10 (d).

11 No attorney shall be appointed pursuant to this subsection

12 unless the State court has first conducted an evidentiary

13 hearing on the record wherein the court determines, after

14 the lawyer gives sworn testimony and presents documen15 tary proof that the lawyer possesses each of the qualifica16 tions required by subsection (d), that the lawyer possesses

17 the requisite qualifications. In making its determination,

18 the Court shall, as to each qualification required by sub19 section (d), make a specific finding on the record that the

20 attorney possesses the qualification.

21 ‘‘(g) No lawyer may be denied certification pursuant

22 to paragraph (2) or (3) of subsection (c) or appointment

23 pursuant to subsection (f) solely because of prior employ24 ment as a prosecutor.
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1 ‘‘(h) If the counsel authority fails to designate a de2 fense team pursuant to subsection (e)(1), the State court

3 shall, prior to appointing counsel pursuant to subsection

4 (e)(2) or (f), inquire as to whether counsel maintains a

5 workload which, by reason of its excessive size, will inter6 fere with the rendering of quality representation or create

7 a substantial risk of a breach of professional obligations.

8 ‘‘(i) If an individual entitled to an appointment of

9 counsel declines to accept an appointment, the State court

10 shall conduct, or cause to be conducted, a hearing, at

11 which the individual and counsel proposed to be appointed

12 shall be present, to determine the individual’s competence

13 to decline the appointment, and whether the individual has

14 competently and knowingly declined it.

15 ‘‘(j) If a State court fails to appoint counsel in a pro16 ceeding specified in subsection (a), or if a State court in

17 a proceeding described in subsection (a)—

18 ‘‘(1) fails to appoint the number of counsel re19 quired in subsection (e); or

20 ‘‘(2) appoints counsel whose name is not on the

21 roster published pursuant to (c)(5); or

22 ‘‘(3) appoints counsel who has failed to present

23 a certification issued pursuant to (c)(4); or

24 ‘‘(4) when subsection (f) applies, fails to hold

25 the hearing, receive the requisite testimony and
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1 proof, or make the determination required by sub2 section (f); or

3 ‘‘(5) fails to appoint at least two members of

4 the defense team designated by the counsel authority

5 pursuant to subsection (e)(1)—

6 a Federal court, in a proceeding under this chapter, shall

7 neither presume findings of fact made at such proceeding

8 to be correct nor decline to consider a claim on the ground

9 that it was not raised in such proceeding at the time or

10 in the manner prescribed by State law.

11 ‘‘(k) No attorney appointed to represent an indigent

12 in State post-conviction proceedings shall have previously

13 represented the indigent at trial or on direct appeal in the

14 case for which the appointment is made, unless the indi15 gent and attorney expressly request continued representa16 tion.

17 ‘‘(l)(1) Notwithstanding the rates and maximum lim18 its generally applicable to criminal cases and any other

19 provision of law to the contrary, and after consultation

20 with the counsel authority, the highest State court with

21 jurisdiction over criminal cases shall, at least once every

22 two years, after notice and comment, establish a schedule

23 of hourly rates for the compensation of attorneys ap24 pointed pursuant to this section that are reasonable in

25 light of the qualifications of attorneys appointed and the
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1 local practices for legal representation in cases reflecting

2 the complexity and responsibility of capital cases. Attor3 neys appointed pursuant to this section shall submit their

4 request for fees and expenses to the counsel authority, on

5 an interim basis or at the conclusion of the proceeding.

6 The authority shall certify for payment by the court com7 pensation for hours the attorneys reasonably expended on

8 the case and for reasonable expenses paid for investigative,

9 expert, and other reasonably necessary services. The rel10 evant State court, within forty-five days after receipt from

11 the authority, shall order payment in the amount certified

12 by the authority, unless it determines that an expenditure

13 was unreasonably incurred. Final review of disputes over

14 fees may be sought in the highest State court having juris15 diction over criminal cases by counsel appointed pursuant

16 to this section.

17 ‘‘(2) Any aggrieved party may bring a private cause

18 of action in Federal district court to enforce the provisions

19 of this subsection for the establishment of a schedule of

20 reasonable hourly rates for the compensation of attorneys

21 appointed pursuant to this section. In such an action, the

22 Federal court shall decide whether the hourly rates as

23 scheduled by the State court are reasonable consistent

24 with the criteria set forth in this subsection. If the court

25 determines that the hourly rates as scheduled are not rea-
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1 sonable, or if no schedule of rates has been established,

2 the court shall grant appropriate injunctive or declaratory

3 relief. The court shall grant no relief that obstructs the

4 prosecution of State criminal proceedings at any stage.

5 ‘‘(m) The ineffectiveness or incompetence of counsel

6 appointed pursuant to this section during State or Federal

7 post-conviction proceedings shall not be a ground for relief

8 in a proceeding arising under section 2254 of this title.

9 This limitation shall not preclude the appointment of dif10 ferent counsel at any phase of State or Federal post-con11 viction proceedings.

12 ‘‘(n) Nothing in this section changes the constitu13 tional standard governing claims of ineffective assistance

14 of counsel pursuant to the sixth amendment to the Con15 stitution of the United States. A determination of non16 compliance with this section (as opposed to the facts which

17 support such a determination) shall not provide a basis

18 for a claim of constitutionally ineffective assistance of

19 counsel.

20 ‘‘(o) The requirements of this section shall apply to

21 any appointment of counsel made after the effective date

22 of subsection (a) in any trial, direct appeal or unitary re23 view of a capital indigent. Counsel shall be appointed as

24 provided in this section in any post-conviction proceeding

25 commenced after the effective date of subsection (a). In
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1 no case shall counsel appointed for a proceeding com2 menced before the effective date of subsection (a) be sub3 ject to the requirements of this section, nor shall any per4 son whose counsel was appointed for any trial, appeal,

5 post-conviction or unitary review before the effective date

6 of subsection (a) be entitled to any relief, including appli7 cation of subsection (j) of this section, based on a claim

8 that counsel was not appointed in conformity with sub9 section (e) or (f) of this section.’’.

10 SEC. 307. CAPITAL LITIGATION FUNDING.

11 (a) Part E of title I of the Omnibus Crime Control

12 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

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

14 ‘‘SEC. 515. Notwithstanding any other provision of

15 this title, the Director shall provide grants to the States,

16 from the funding allocated pursuant to section 511, for

17 the purpose of supporting litigation pertaining to Federal

18 habeas corpus petitions in capital cases. The total funding

19 available for such grants within any fiscal year shall be

20 equal to the funding provided to capital resource centers,

21 pursuant to Federal appropriation, in the same fiscal

22 year.’’.

23 (b) GRANTS FOR STATE COUNSEL.—
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1 (1) Title I of the Omnibus Crime Control and

2 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

3 is amended—

4 (i) by redesignating part R as part S;

5 (ii) by redesignating section 1801 as section

6 1901; and

7 (iii) by inserting after part Q the following new

8 part:

9 ‘‘PART R—GRANTS FOR STATE COUNSEL

10 ‘‘SEC. 1801. GRANT AUTHORIZATION.

11 ‘‘The Director of the Bureau of Justice Assistance

12 shall make grants to States from amounts appropriated

13 to carry out this part for the use by States and by local

14 entities in the States to comply with section 2258 of title

15 28, United States Code.

16 ‘‘SEC. 1802. STATE APPLICATIONS.

17 ‘‘(a) IN GENERAL.—(1) To request a grant under

18 this part, the chief executive of a State shall submit an

19 application to the Director in such form and containing

20 such information as the Director may reasonably require.

21 ‘‘(2) An application under paragraph (1) shall include

22 assurances that Federal funds received under this part

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

24 funds that would otherwise be available for activities fund25 ed under this part.
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1 ‘‘(b) STATE OFFICE.—The office designated under

2 section 507 of title 1—

3 ‘‘(1) shall prepare the application required

4 under this section; and

5 ‘‘(2) shall administer grant funds received

6 under this part, including review of spending, proc7 essing, progress, financial reporting, technical assist8 ance, grant adjustments, accounting, auditing, and

9 fund disbursement.

10 ‘‘SEC. 1803. REVIEW OF STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—The Director shall make a grant

12 under section 1801 to carry out the activities described

13 in the application submitted by an applicant under section

14 1802 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 activities have been reviewed in

20 accordance with this part.

21 ‘‘(b) APPROVAL.—Each application submitted under

22 section 1802 shall be considered approved, in whole or in

23 part, by the Director not later than 45 days after first

24 received unless the Director informs the applicant of spe25 cific reasons for disapproval.
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1 ‘‘(c) DISAPPROVAL NOTICE AND RECONSIDER2 ATION.—The Director shall not disapprove any application

3 without first affording the applicant reasonable notice and

4 an opportunity for reconsideration.

5 ‘‘SEC. 1804. DISTRIBUTION OF FUNDS.

6 ‘‘The Federal share of a grant made under this part

7 may not exceed—

8 ‘‘(1) 75 percent of the cost of carrying out a

9 State’s programs under this part for each of the fis10 cal years 1994, 1995, and 1996; and

11 ‘‘(2) 50 percent of such cost for any subsequent

12 fiscal year.

13 ‘‘SEC. 1805. EVALUATION.

14 ‘‘(a) IN GENERAL.—(1) Each State that receives a

15 grant under this part shall submit to the Director an eval16 uation not later than March 1 of each year in accordance

17 with guidelines issued by the Director.

18 ‘‘(2) The Director may waive the requirement speci19 fied in subsection (a) if the Director determines that such

20 evaluation is not warranted in the case of the State in21 volved.

22 ‘‘(b) DISTRIBUTION.—The Director shall make avail23 able to the public, on a timely basis, evaluations received

24 under subsection (a).
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1 ‘‘(c) ADMINISTRATIVE COSTS.—A State or local en2 tity may use not more than 5 percent of the funds it re3 ceives under this part to develop an evaluation program

4 under this section.’’.

5 (2) TECHNICAL AMENDMENT.—The table of contents

6 of title I of the Omnibus Crime Control and Safe Streets

7 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by strik8 ing the matter relating to part R and inserting the follow9 ing:

‘‘PART R—GRANTS FOR STATE COUNSEL.

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. State applications.

‘‘Sec. 1803. Review of State applications.

‘‘Sec. 1804. Distribution of funds.

‘‘Sec. 1805. Evaluation.

10 (3) AUTHORIZATION OF APPROPRIATIONS.—Section

11 1001(a) of title I of the Omnibus Crime Control and Safe

12 Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by

13 adding at the end the following new paragraph.

14 ‘‘(12) There are authorized to be appropriated

15 such sums as may be necessary in each fiscal year

16 to carry out activities under Part R.’’.

17 SEC. 308. CERTIFICATION OF COMPLIANCE.

18 Subpart I of part E of title I of the Omnibus Crime

19 Control and Safe Streets Act of 1968, as amended, is

20 amended at the end by adding the following section:

21 ‘‘In any application for a grant under this subpart,

22 a State in which a sentence of death may be imposed shall
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1 certify whether it will comply with the provisions of section

2 2258 of title 28, United States Code. If the State elects

3 not to certify that it will comply with the provisions of

4 such section, the amount of funds which the State is eligi5 ble to receive under this subpart shall be reduced by 75

6 percent. If the State certifies that it will comply with the

7 provisions of section 2258 of title 28, United States Code,

8 the amount of funds which the State is eligible to receive

9 under this subpart shall not be reduced by virtue of any

10 failure or alleged failure to carry out any of the require11 ments of section 2258 of title 28, United States Code. The

12 sole enforcement mechanisms for the requirements set

13 forth in section 2258 of title 28, United States Code, shall

14 be those provided in that section, to which the State shall

15 be deemed to have consented by certifying that it will com16 ply with the provisions of section 2258 of title 28, United

17 States Code.’’.

18 SEC. 309. TABLE OF SECTIONS.

19 The table of sections at the beginning of chapter 153

20 of title 28, United States Code, is amended—

21 (1) by conforming the entry for Sec. 2242 in accord22 ance with Sec. 302 of this title; and

23 (2) by adding at the end the following:

‘‘2256. Capital cases; new evidence.

‘‘2257. Law applicable.

‘‘2258. Counsel in capital cases; State court.’’.
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1 SEC. 310. EFFECTIVE DATE.

2 (a) Except as provided in subsection (b), this title

3 shall take effect 180 days after the date of the enactment

4 of this Act.

5 (b) Section 2258(b) of title 28, United States Code,

6 as added by section 306, shall take effect on the date of

7 the enactment of this Act.

8 TITLE IV—COERCED

9 CONFESSIONS

10 SEC. 401. COERCED CONFESSIONS.

11 The admission into evidence of a coerced confession

12 shall not be considered harmless error. If, in any proceed13 ing, a Federal court determines that a criminal judgment

14 was obtained in violation of the Constitution of the United

15 States, the court shall grant relief unless, in the case of

16 a Constitutional violation that can be harmless, the viola17 tion was harmless beyond a reasonable doubt. For the pur18 poses of this section, a confession is coerced if it is elicited

19 involuntarily in violation of the fifth or fourteenth articles

20 of amendment to the Constitution of the United States.
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1 TITLE V—FIREARMS

2 Subtitle A—Brady Handgun

3 Violence Prevention Act

4 SEC. 501. FEDERAL FIREARMS LICENSEE REQUIRED TO

5 CONDUCT CRIMINAL BACKGROUND CHECK

6 BEFORE TRANSFER OF FIREARM TO

7 NONLICENSEE.

8 (a) INTERIM PROVISION.—

9 (1) IN GENERAL.—Section 922 of title 18,

10 United States Code, is amended by adding at the

11 end the following:

12 ‘‘(s)(1) Beginning on the date that is 90 days after

13 the date of enactment of this subsection and ending on

14 the day before the date that the Attorney General certifies

15 under section 502(d)(1) of the Violent Crime Control and

16 Law Enforcement Act of 1993 that the national instant

17 criminal background check system is established (except

18 as provided in paragraphs (2) and (3) of such section),

19 it shall be unlawful for any licensed importer, licensed

20 manufacturer, or licensed dealer to sell, deliver, or transfer

21 a handgun to an individual who is not licensed under sec22 tion 923, unless—

23 ‘‘(A) after the most recent proposal of such

24 transfer by the transferee—

25 ‘‘(i) the transferor has—
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1 ‘‘(I) received from the transferee a

2 statement of the transferee containing the

3 information described in paragraph (3);

4 ‘‘(II) verified the identity of the trans5 feree by examining the identification docu6 ment presented;

7 ‘‘(III) within 1 day after the trans8 feree furnishes the statement, provided no9 tice of the contents of the statement to the

10 chief law enforcement officer of the place

11 of residence of the transferee; and

12 ‘‘(IV) within 1 day after the trans13 feree furnishes the statement, transmitted

14 a copy of the statement to the chief law

15 enforcement officer of the place of resi16 dence of the transferee; and

17 ‘‘(ii)(I) 5 business days (as defined by days

18 in which State offices are open) have elapsed

19 from the date the transferor furnished notice of

20 the contents of the statement to the chief law

21 enforcement officer, during which period the

22 transferor has not received information from

23 the chief law enforcement officer that receipt or

24 possession of the handgun by the transferee
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1 would be in violation of Federal, State, or local

2 law; or

3 ‘‘(II) the transferor has received notice

4 from the chief law enforcement officer that the

5 officer has no information indicating that re6 ceipt or possession of the handgun by the trans7 feree would violate Federal, State, or local law;

8 ‘‘(B) the transferee has presented to the trans9 feror a written statement, issued by the chief law en10 forcement officer of the place of residence of the

11 transferee during the 10-day period ending on the

12 date of the most recent proposal of such transfer by

13 the transferee, stating that the transferee requires

14 access to a handgun because of a threat to the life

15 of the transferee or of any member of the household

16 of the transferee;

17 ‘‘(C)(i) the transferee has presented to the

18 transferor a permit that—

19 ‘‘(I) allows the transferee to possess a

20 handgun; and

21 ‘‘(II) was issued not more than 5 years

22 earlier by the State in which the transfer is to

23 take place; and

24 ‘‘(ii) the law of the State provides that such a

25 permit is to be issued only after an authorized gov-
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1 ernment official has verified that the information

2 available to such official does not indicate that pos3 session of a handgun by the transferee would be in

4 violation of law;

5 ‘‘(D) the law of the State requires that, before

6 any licensed importer, licensed manufacturer, or li7 censed dealer completes the transfer of a handgun to

8 an individual who is not licensed under section 923,

9 an authorized government official verify that the in10 formation available to such official does not indicate

11 that possession of a handgun by the transferee

12 would be in violation of law, except that this sub13 paragraph shall not apply to a State that, on the

14 date of certification pursuant to section 502(d) of

15 the Violent Crime Control and Law Enforcement

16 Act of 1993, is not in compliance with the timetable

17 established pursuant to section 502(c) of such Act;

18 ‘‘(E) the Secretary has approved the transfer

19 under section 5812 of the Internal Revenue Code of

20 1986; or

21 ‘‘(F) on application of the transferor, the Sec22 retary has certified that compliance with subpara23 graph (A)(i)(III) is impracticable because—

24 ‘‘(i) the ratio of the number of law enforce25 ment officers of the State in which the transfer
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1 is to occur to the number of square miles of

2 land area of the State does not exceed 0.0025;

3 ‘‘(ii) the business premises of the trans4 feror at which the transfer is to occur are ex5 tremely remote in relation to the chief law en6 forcement officer; and

7 ‘‘(iii) there is an absence of telecommuni8 cations facilities in the geographical area in

9 which the business premises are located.

10 ‘‘(2) A chief law enforcement officer to whom a trans11 feror has provided notice pursuant to paragraph

12 (1)(A)(i)(III) shall make a reasonable effort to ascertain

13 within 5 business days whether the transferee has a crimi14 nal record or whether there is any other legal impediment

15 to the transferee’s receiving a handgun, including research

16 in whatever State and local recordkeeping systems are

17 available and in a national system designated by the Attor18 ney General.

19 ‘‘(3) The statement referred to in paragraph

20 (1)(A)(i)(I) shall contain only—

21 ‘‘(A) the name, address, and date of birth ap22 pearing on a valid identification document (as de23 fined in section 1028(d)(1) of this title) of the trans24 feree containing a photograph of the transferee and

25 a description of the identification used;
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1 ‘‘(B) a statement that transferee—

2 ‘‘(i) is not under indictment for, and has

3 not been convicted in any court of, a crime pun4 ishable by imprisonment for a term exceeding 1

5 year;

6 ‘‘(ii) is not a fugitive from justice;

7 ‘‘(iii) is not an unlawful user of or addicted

8 to any controlled substance (as defined in sec9 tion 102 of the Controlled Substances Act);

10 ‘‘(iv) has not been adjudicated as a mental

11 defective or been committed to a mental institu12 tion;

13 ‘‘(v) is not an alien who is illegally or un14 lawfully in the United States;

15 ‘‘(vi) has not been discharged from the

16 Armed Forces under dishonorable conditions;

17 and

18 ‘‘(vii) is not a person who, having been a

19 citizen of the United States, has renounced

20 such citizenship;

21 ‘‘(C) the date the statement is made; and

22 ‘‘(D) notice that the transferee intends to ob23 tain a handgun from the transferor.

24 ‘‘(4) Any transferor of a handgun who, after such

25 transfer, receives a report from a chief law enforcement
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1 officer containing information that receipt or possession

2 of the handgun by the transferee violates Federal, State,

3 or local law shall immediately communicate all information

4 the transferor has about the transfer and the transferee

5 to—

6 ‘‘(A) the chief law enforcement officer of the

7 place of business of the transferor; and

8 ‘‘(B) the chief law enforcement officer of the

9 place of residence of the transferee.

10 ‘‘(5) Any transferor who receives information, not

11 otherwise available to the public, in a report under this

12 subsection shall not disclose such information except to

13 the transferee, to law enforcement authorities, or pursuant

14 to the direction of a court of law.

15 ‘‘(6)(A) Any transferor who sells, delivers, or other16 wise transfers a handgun to a transferee shall retain the

17 copy of the statement of the transferee with respect to

18 the handgun transaction, and shall retain evidence that

19 the transferor has complied with subclauses (III) and (IV)

20 of paragraph (1)(A)(i) with respect to the statement.

21 ‘‘(B) Unless the chief law enforcement officer to

22 whom a statement is transmitted under paragraph

23 (1)(A)(i)(IV) determines that a transaction would violate

24 Federal, State, or local law—
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1 ‘‘(i) the officer shall, within 20 business days

2 after the date the transferee made the statement on

3 the basis of which the notice was provided, destroy

4 the statement and any record containing information

5 derived from the statement;

6 ‘‘(ii) the information contained in the statement

7 shall not be conveyed to any person except a person

8 who has a need to know in order to carry out this

9 subsection; and

10 ‘‘(iii) the information contained in the state11 ment shall not be used for any purpose other than

12 to carry out this subsection.

13 ‘‘(7) A chief law enforcement officer or other person

14 responsible for providing criminal history background in15 formation pursuant to this subsection shall not be liable

16 in an action at law for damages—

17 ‘‘(A) for failure to prevent the sale or transfer

18 of a handgun to a person whose receipt or posses19 sion of the handgun is unlawful under this section;

20 or

21 ‘‘(B) for preventing such a sale or transfer to

22 a person who may lawfully receive or possess a

23 handgun.

24 ‘‘(8) For purposes of this subsection, the term ‘chief

25 law enforcement officer’ means the chief of police, the
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1 sheriff, or an equivalent officer or the designee of any such

2 individual.

3 ‘‘(9) The Secretary shall take necessary actions to en4 sure that the provisions of this subsection are published

5 and disseminated to licensed dealers, law enforcement offi6 cials, and the public.’’.

7 (2) HANDGUN DEFINED.—Section 921(a) of

8 such title is amended by adding at the end the fol9 lowing:

10 ‘‘(29) The term ‘handgun’ means—

11 ‘‘(A) a firearm which has a short stock and is

12 designed to be held and fired by the use of a single

13 hand; and

14 ‘‘(B) any combination of parts from which a

15 firearm described in subparagraph (A) can be as16 sembled.’’.

17 (b) PERMANENT PROVISION.—Section 922 of title

18 18, United States Code, as amended by subsection (a)(1)

19 of this section, is amended by adding at the end the follow20 ing:

21 ‘‘(t)(1) Beginning on the date that the Attorney Gen22 eral certifies under section 502(d)(1) of the Violent Crime

23 Control and Law Enforcement Act of 1993 that the na24 tional instant criminal background check system is estab25 lished (except as provided in paragraphs (2) and (3) of
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1 such section), a licensed importer, licensed manufacturer,

2 or licensed dealer shall not transfer a firearm to any other

3 person who is not such a licensee, unless—

4 ‘‘(A) before the completion of the transfer, the

5 licensee contacts the national instant criminal back6 ground check system established under section 503

7 of such Act;

8 ‘‘(B) the system notifies the licensee that the

9 system has not located any record that demonstrates

10 that the receipt of a firearm by such other person

11 would violate subsection (g) or (n) of this section or

12 any State or local law; and

13 ‘‘(C) the transferor has verified the identity of

14 the transferee by examining a valid identification

15 document (as defined in section 1028(d)(1) of this

16 title) of the transferee containing a photograph of

17 the transferee.

18 ‘‘(2) Paragraph (1) shall not apply to a firearm

19 transfer between a licensee and another person if—

20 ‘‘(A)(i) such other person has presented to the

21 licensee a permit that—

22 ‘‘(I) allows such other person to possess a

23 firearm; and
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1 ‘‘(II) was issued not more than 5 years

2 earlier by the State in which the transfer is to

3 take place; and

4 ‘‘(ii) the law of the State provides that such a

5 permit is to be issued only after an authorized gov6 ernment official has verified that the information

7 available to such official does not indicate that pos8 session of a firearm by such other person would be

9 in violation of law;

10 ‘‘(B) the Secretary has approved the transfer

11 under section 5812 of the Internal Revenue Code of

12 1986; or

13 ‘‘(C) on application of the transferor, the Sec14 retary has certified that compliance with paragraph

15 (1)(A) is impracticable because—

16 ‘‘(i) the ratio of the number of law enforce17 ment officers of the State in which the transfer

18 is to occur to the number of square miles of

19 land area of the State does not exceed 0.0025;

20 ‘‘(ii) the business premises of the licensee

21 at which the transfer is to occur are extremely

22 remote in relation to the chief law enforcement

23 officer (as defined in subsection (u)(8)); and
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1 ‘‘(iii) there is an absence of telecommuni2 cations facilities in the geographical area in

3 which the business premises are located.

4 ‘‘(3) If the national instant criminal background

5 check system notifies the licensee that the information

6 available to the system does not demonstrate that the re7 ceipt of a firearm by such other person would violate sub8 section (g) or (n), and the licensee transfers a firearm to

9 such other person, the licensee shall include in the record

10 of the transfer the unique identification number provided

11 by the system with respect to the transfer.

12 ‘‘(4) In addition to the authority provided under sec13 tion 923(e), if the licensee knowingly transfers a firearm

14 to such other person and knowingly fails to comply with

15 paragraph (1) of this subsection with respect to the trans16 fer and, at the time such other person most recently pro17 posed the transfer, the national instant criminal back18 ground check system was operating and information was

19 available to the system demonstrating that receipt of a

20 firearm by such other person would violate subsection (g)

21 or (n) of this section, the Secretary may, after notice and

22 opportunity for a hearing, suspend for not more than 6

23 months or revoke any license issued to the licensee under

24 section 923, and may impose on the licensee a civil fine

25 of not more than $5,000.
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1 ‘‘(5) Neither a local government nor an employee of

2 the Federal Government or of any State or local govern3 ment, responsible for providing information to the national

4 instant criminal background check system shall be liable

5 in an action at law for damages—

6 ‘‘(A) for failure to prevent the sale or transfer

7 of a handgun to a person whose receipt or posses8 sion of the handgun is unlawful under this section;

9 or

10 ‘‘(B) for preventing such a sale or transfer to

11 a person who may lawfully receive or possess a

12 handgun.’’.

13 (c) PENALTY.—Section 924(a) of title 18, United

14 States Code, is amended—

15 (1) in paragraph (1), by striking ‘‘paragraph

16 (2) or (3) of’’; and

17 (2) by adding at the end the following:

18 ‘‘(5) Whoever knowingly violates subsection (s) or (t)

19 of section 922 shall be fined not more than $1,000, impris20 oned for not more than 1 year, or both.’’.

21 SEC. 502. NATIONAL INSTANT CRIMINAL BACKGROUND

22 CHECK SYSTEM.

23 (a) ESTABLISHMENT OF SYSTEM.—The Attorney

24 General of the United States shall establish a national in25 stant criminal background check system that any licensee
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1 may contact for information on whether receipt of a fire2 arm by a prospective transferee thereof would violate sub3 section (g) or (n) of section 922 of title 18, United States

4 Code, or any State or local law.

5 (b) EXPEDITED ACTION BY THE ATTORNEY GEN6 ERAL.—The Attorney General shall expedite—

7 (1) the upgrading and indexing of State crimi8 nal history records in the Federal criminal records

9 system maintained by the Federal Bureau of Inves10 tigation;

11 (2) the development of hardware and software

12 systems to link State criminal history check systems

13 into the national instant criminal background check

14 system established by the Attorney General pursuant

15 to this section; and

16 (3) the current revitalization initiatives by the

17 Federal Bureau of Investigation for technologically

18 advanced fingerprint and criminal records identifica19 tion.

20 (c) PROVISION OF STATE CRIMINAL RECORDS TO

21 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK

22 SYSTEM.—(1) Not later than 6 months after the date of

23 enactment of this Act, the Attorney General shall—

24 (A) determine the type of computer hardware

25 and software that will be used to operate the na-
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1 tional instant criminal background check system and

2 the means by which State criminal records systems

3 will communicate with the national system;

4 (B) investigate the criminal records system of

5 each State and determine for each State a timetable

6 by which the State should be able to provide crimi7 nal records on an on line capacity basis to the na8 tional system;

9 (C) notify each State of the determinations

10 made pursuant to subparagraphs (A) and (B).

11 (2) The Attorney General shall require as a part of

12 the State timetable that the State achieve, by the end of

13 5 years after the date of enactment of this Act, at least

14 80 percent currency of case dispositions in computerized

15 criminal history files for all cases in which there has been

16 an event of activity within the last 5 years and continue

17 to maintain such a system.

18 (d) NATIONAL SYSTEM CERTIFICATION.—(1) On the

19 date that is 30 months after the date of enactment of this

20 Act, and at any time thereafter, the Attorney General shall

21 determine whether—

22 (A) the national system has achieved at least

23 80 percent currency of case dispositions in comput24 erized criminal history files for all cases in which
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1 there has been an event of activity within the last

2 5 years on a national average basis; and

3 (B) the States are in compliance with the time4 table established pursuant to subsection (c),

5 and, if so, shall certify that the national system is estab6 lished.

7 (2) If, on the date of certification in paragraph (1)

8 of this subsection, a State is not in compliance with the

9 timetable established pursuant to subsection (c) of this

10 section, section 922(s) of title 18, United States Code,

11 shall remain in effect in such State and section 922(t) of

12 such title shall not apply to the State. The Attorney Gen13 eral shall certify if a State subject to the provisions of

14 section 922(s) under the preceding sentence achieves com15 pliance with its timetable after the date of certification

16 in paragraph (1) of this subsection, and section 922(s) of

17 title 18, United States Code, shall not apply to such State

18 and section 922(t) of such title shall apply to the State.

19 (3) Six years after the date of enactment of this Act,

20 the Attorney General shall certify whether or not a State

21 is in compliance with subsection (c)(2) of this section and

22 if the State is not in compliance, section 922(s) of title

23 18, United States Code, shall apply to the State and sec24 tion 922(t) of such title shall not apply to the State. The

25 Attorney General shall certify if a State subject to the pro-
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1 visions of section 922(s) under the preceding sentence

2 achieves compliance with the standards in subsection

3 (c)(2) of this section, and section 922(s) of title 18, United

4 States Code, shall not apply to the State and section

5 922(t) of such title shall apply to the State.

6 (e) NOTIFICATION OF LICENSEES.—On establish7 ment of the system under this section, the Attorney Gen8 eral shall notify each licensee and the chief law enforce9 ment officer of each State of the existence and purpose

10 of the system and the means to be used to contact the

11 system.

12 (f) ADMINISTRATIVE PROVISIONS.—

13 (1) AUTHORITY TO OBTAIN OFFICIAL INFORMA14 TION.—Notwithstanding any other law, the Attorney

15 General may secure directly from any department or

16 agency of the United States such information on

17 persons for whom receipt of a firearm would violate

18 subsection (g) or (n) of section 922 of title 18, Unit19 ed States Code, or any State or local law, as is nec20 essary to enable the system to operate in accordance

21 with this section. On request of the Attorney Gen22 eral, the head of such department or agency shall

23 furnish such information to the system.

24 (2) OTHER AUTHORITY.—The Attorney General

25 shall develop such computer software, design and ob-
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1 tain such telecommunications and computer hard2 ware, and employ such personnel, as are necessary

3 to establish and operate the system in accordance

4 with this section.

5 (g) CORRECTION OF ERRONEOUS SYSTEM INFORMA6 TION.—If the system established under this section in7 forms an individual contacting the system that receipt of

8 a firearm by a prospective transferee would violate sub9 section (g) or (n) of section 922 of title 18, United States

10 Code, or any State or local law, the prospective transferee

11 may request the Attorney General to provide the prospec12 tive transferee with the reasons therefor. Upon receipt of

13 such a request, the Attorney General shall immediately

14 comply with the request. The prospective transferee may

15 submit to the Attorney General information that to cor16 rect, clarify, or supplement records of the system with re17 spect to the prospective transferee. After receipt of such

18 information, the Attorney General shall immediately con19 sider the information, investigate the matter further, and

20 correct all erroneous Federal records relating to the pro21 spective transferee and give notice of the error to any Fed22 eral department or agency or any State that was the

23 source of such erroneous records.

24 (h) REGULATIONS.—After 90 days notice to the pub25 lic and an opportunity for hearing by interested parties,
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1 the Attorney General shall prescribe regulations to ensure

2 the privacy and security of the information of the system

3 established under this section.

4 (i) PROHIBITIONS RELATING TO ESTABLISHMENT OF

5 REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—

6 No department, agency, officer, or employee of the United

7 States may—

8 (1) require that any record or portion thereof

9 maintained by the system established under this sec10 tion be recorded at or transferred to a facility

11 owned, managed, or controlled by the United States

12 or any State or political subdivision thereof; or

13 (2) use the system established under this sec14 tion to establish any system for the registration of

15 firearms, firearm owners, or firearm transactions or

16 dispositions, except with respect to persons prohib17 ited by section 922(g) or (n) of title 18, United

18 States Code, from receiving a firearm.

19 (j) DEFINITIONS.—As used in this section:

20 (1) LICENSEE.—The term ‘‘licensee’’ means a

21 licensed importer, licensed manufacturer, or licensed

22 dealer under section 923 of title 18, United States

23 Code.

24 (2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li25 censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
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1 censed dealer’’ have the meanings stated in section

2 921(a) (3), (9), (10), and (11), respectively, of title

3 18, United States Code.

4 SEC. 503. FUNDING FOR IMPROVEMENT OF CRIMINAL

5 RECORDS.

6 (a) IMPROVEMENTS IN STATE RECORDS.—

7 (1) USE OF FORMULA GRANTS.—Section 509(b)

8 of title I of the Omnibus Crime Control and Safe

9 Streets Act of 1968 (42 U.S.C. 3759(b)) is amend10 ed—

11 (A) in paragraph (2) by striking ‘‘and’’

12 after the semicolon;

13 (B) in paragraph (3) by striking the period

14 and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(4) the improvement of State record systems

18 and the sharing with the Attorney General of all of

19 the records described in paragraphs (1), (2), and (3)

20 of this subsection and the records required by the

21 Attorney General under section 502 of the Violent

22 Crime Control and Law Enforcement Act of 1993,

23 for the purpose of implementing such Act.’’.

24 (2) ADDITIONAL FUNDING.—
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1 (A) GRANTS FOR THE IMPROVEMENT OF

2 CRIMINAL RECORDS.—The Attorney General,

3 through the Bureau of Justice Statistics, shall,

4 subject to appropriations and with preference to

5 States that as of the date of enactment of this

6 Act have the lowest percent currency of case

7 dispositions in computerized criminal history

8 files, make a grant to each State to be used—

9 (i) for the creation of a computerized

10 criminal history record system or improve11 ment of an existing system;

12 (ii) to improve accessibility to the na13 tional instant criminal background system;

14 and

15 (iii) upon establishment of the na16 tional system, to assist the State in the

17 transmittal of criminal records to the na18 tional system.

19 (B) AUTHORIZATION OF APPROPRIA20 TIONS.—There are authorized to be appro21 priated for grants under subparagraph (A) a

22 total of $100,000,000 for fiscal year 1994 and

23 all fiscal years thereafter.

24 (b) WITHHOLDING STATE FUNDS.—Effective on the

25 date of enactment of this Act the Attorney General may
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1 reduce by up to 50 percent the allocation to a State for

2 a fiscal year under title I of the Omnibus Crime Control

3 and Safe Streets Act of 1968 of a State that is not in

4 compliance with the timetable established for such State

5 under section 502(c) of this Act.

6 (c) WITHHOLDING OF DEPARTMENT OF JUSTICE

7 FUNDS.—If the Attorney General does not certify the na8 tional instant criminal background check system pursuant

9 to section 502(d)(1) by—

10 (1) 30 months after the date of enactment of

11 this Act the general administrative funds appro12 priated to the Department of Justice for the fiscal

13 year beginning in the calendar year in which the

14 date that is 30 months after the date of enactment

15 of this Act falls shall be reduced by 5 percent on a

16 monthly basis; and

17 (2) 42 months after the date of enactment of

18 this Act the general administrative funds appro19 priated to the Department of Justice for the fiscal

20 year beginning in the calendar year in which the

21 date that is 42 months after the date of enactment

22 of this Act falls shall be reduced by 10 percent on

23 a monthly basis.
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1 Subtitle B—Gun Crime Penalties

2 SEC. 504. ENHANCED PENALTY FOR USE OF A SEMIAUTO3 MATIC FIREARM DURING A CRIME OF VIO4 LENCE OR A DRUG TRAFFICKING CRIME.

5 (a) AMENDMENT TO SENTENCING GUIDELINES.—

6 Pursuant to its authority under section 994 of title 28,

7 United States Code, the United States Sentencing Com8 mission shall amend its sentencing guidelines to provide

9 an appropriate enhancement of the punishment for a

10 crime of violence (as defined in section 924(c)(3) of title

11 18, United States Code) or a drug trafficking crime (as

12 defined in section 924(c)(2) of title 18, United States

13 Code) if a semiautomatic firearm is involved.

14 (b) SEMIAUTOMATIC FIREARM.—As used in sub15 section (a), the term ‘‘semiautomatic firearm’’ means any

16 repeating firearm which utilizes a portion of the energy

17 of a firing cartridge to extract the fired cartridge case and

18 chamber the next round, and which requires a separate

19 pull of the trigger to fire each cartridge.

20 SEC. 505. ENHANCED PENALTY FOR SECOND OFFENSE OF

21 USING AN EXPLOSIVE TO COMMIT A FELONY.

22 Pursuant to its authority under section 994 of title

23 28, United States Code, the United States Sentencing

24 Commission shall promulgate amendments to its sentenc25 ing guidelines to provide an appropriate enhancement or
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1 penalties where a defendant convicted under section

2 844(h) of title 18, United States Code, has previously been

3 convicted under that section.

4 SEC. 506. SMUGGLING FIREARMS IN AID OF DRUG TRAF5 FICKING.

6 Section 924 of title 18, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(i) Whoever, with the intent to engage in or to pro9 mote conduct which—

10 ‘‘(1) is punishable under the Controlled Sub11 stances Act (21 U.S.C. 801 et seq.), the Controlled

12 Substances Import and Export Act (21 U.S.C. 951

13 et seq.), or the Maritime Drug Law Enforcement

14 Act (46 U.S.C. App. 1901 et seq.);

15 ‘‘(2) violates any law of a State relating to any

16 controlled substance (as defined in section 102 of

17 the Controlled Substances Act, 21 U.S.C. 802); or

18 ‘‘(3) constitutes a crime of violence (as defined

19 in subsection (c)(3),

20 smuggles or knowingly brings into the United States a

21 firearm, or attempts to do so, shall be imprisoned for not

22 more than ten years, fined under this title, or both.’’.
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1 SEC. 507. THEFT OF FIREARMS AND EXPLOSIVES.

2 (a) FIREARMS.—Section 924 of title 18, United

3 States Code, is amended by adding after the subsection

4 added by section 506 of this Act the following:

5 ‘‘(j) Whoever steals any firearm which is moving as,

6 or is a part of, or which has moved in, interstate or foreign

7 commerce shall be imprisoned for not more than 10 years,

8 and may be 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 follow11 ing:

12 ‘‘(k) Whoever steals any explosives materials which

13 are moving as, or are a part of, or which have moved in,

14 interstate or foreign commerce shall be imprisoned for not

15 more than 10 years, or fined under this title, or both.’’.

16 SEC. 508. INCREASED PENALTY FOR KNOWINGLY MAKING

17 FALSE, MATERIAL STATEMENT IN CONNEC18 TION WITH THE ACQUISITION OF A FIREARM

19 FROM A LICENSED DEALER.

20 Section 924(a) of title 18, United States Code, is

21 amended—

22 (1) in paragraph (a)(1)(B), by striking out

23 ‘‘(a)(6),’’; and

24 (2) in subsection (a)(2), by inserting ‘‘(a)(6),’’

25 after ‘‘subsection’’.
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1 SEC. 509. POSSESSION OF EXPLOSIVES BY FELONS AND

2 OTHERS.

3 Section 842(i) of title 18, United States Code, is

4 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

5 SEC. 510. SUMMARY DESTRUCTION OF EXPLOSIVES SUB6 JECT TO FORFEITURE.

7 Section 844(c) of title 18, United States Code, is

8 amended by redesignating subsection (c) as subsection

9 (c)(1) and by adding paragraphs (2) and (3) as follows:

10 ‘‘(2) Notwithstanding the provisions of paragraph

11 (1), in the case of the seizure of any explosive materials

12 for any offense for which the materials would be subject

13 to forfeiture where it is impracticable or unsafe to remove

14 the materials to a place of storage, or where it is unsafe

15 to store them, the seizing officer is authorized to destroy

16 the explosive materials forthwith. Any destruction under

17 this paragraph shall be in the presence of at least one

18 credible witness. The seizing officer shall make a report

19 of the seizure and take samples as the Secretary may by

20 regulation prescribe.

21 ‘‘(3) Within sixty days after any destruction made

22 pursuant to paragraph (2), the owner of, including any

23 person having an interest in, the property so destroyed

24 may make application to the Secretary for reimbursement

25 of the value of the property. If the claimant establishes

26 to the satisfaction of the Secretary that—
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1 ‘‘(A) the property has not been used or involved

2 in a violation of law; or

3 ‘‘(B) any unlawful involvement or use of the

4 property was without the claimant’s knowledge, con5 sent, or willful blindness,

6 the Secretary shall make an allowance to the claimant not

7 exceeding the value of the property destroyed.’’.

8 SEC. 511. ELIMINATION OF OUTMODED LANGUAGE RELAT9 ING TO PAROLE.

10 (a) Section 924(e)(1) of title 18, United States Code,

11 is amended by striking ‘‘, and such person shall not be

12 eligible for parole with respect to the sentence imposed

13 under this subsection’’.

14 (b) Section 924(c)(1) of title 18, United States Code,

15 is amended by striking ‘‘No person sentenced under this

16 subsection shall be eligible for parole during the term of

17 imprisonment imposed herein.’’.

18 SEC. 512. PROHIBITION AGAINST TRANSACTIONS INVOLV19 ING STOLEN FIREARMS WHICH HAVE MOVED

20 IN INTERSTATE OR FOREIGN COMMERCE.

21 Section 922(j) of title 18, United States Code, is

22 amended to read as follows:

23 ‘‘(j) It shall be unlawful for any person to receive,

24 possess, conceal, store, barter, sell, or dispose of any stolen

25 firearm or stolen ammunition, or pledge or accept as secu-
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1 rity for a loan any stolen firearm or stolen ammunition,

2 which is moving as, which is a part of, which constitutes,

3 or which has been shipped or transported in, interstate

4 or foreign commerce, either before or after it was stolen,

5 knowing or having reasonable cause to believe that the

6 firearm or ammunition was stolen.’’.

7 SEC. 513. USING A FIREARM IN THE COMMISSION OF COUN8 TERFEITING OR FORGERY.

9 Pursuant to its authority under section 994 of title

10 28, United States Code, the United States Sentencing

11 Commission shall amend its sentencing guidelines to pro12 vide an appropriate enhancement of the punishment for

13 a defendant convicted of a felony under chapter 25 of title

14 18, United States Code, if the defendant used or carried

15 a firearm (as defined in section 921(a)(3) of title 18, Unit16 ed States Code) during and in relation to the felony.

17 SEC. 514. ENHANCED PENALTIES FOR FIREARMS POSSES18 SION BY VIOLENT FELONS AND SERIOUS

19 DRUG OFFENDERS.

20 Pursuant to its authority under section 994 of title

21 28, United States Code, the United States Sentencing

22 Commission shall amend its sentencing guidelines to pro23 vide—

24 (1) an appropriate enhancement of the punish25 ment for a defendant convicted of an offense under
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1 section 922(g) of title 18, United States Code, if the

2 defendant has 1 prior conviction by any court re3 ferred to in section 922(g)(1) of such title for a vio4 lent felony (as defined in section 924(e)(2)(B) of

5 such title) or a serious drug offense (as defined in

6 section 924(e)(2)(A) of such title); and

7 (2) an appropriate enhancement of the punish8 ment for such a defendant, if the defendant has 2

9 such prior convictions for a violent felony (as so de10 fined) or a serious drug offense (as so defined).

11 SEC. 515. RECEIPT OF FIREARMS BY NONRESIDENT.

12 Section 922(a) of title 18, United States Code, is

13 amended—

14 (1) in paragraph (7), by striking ‘‘and’’ at the

15 end;

16 (2) in paragraph (8), by striking the period at

17 the end and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:

19 ‘‘(9) for any person, other than a licensed im20 porter, licensed manufacturer, licensed dealer, or li21 censed collector, who does not reside in any State to

22 receive any firearms unless such receipt is for lawful

23 sporting purposes.’’.
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1 SEC. 516. FIREARMS AND EXPLOSIVES CONSPIRACY.

2 (a) FIREARMS.—Section 924 of title 18, United

3 States Code, is amended by adding after the subsections

4 added by sections 506 and 507(a) of this Act the follow5 ing:

6 ‘‘(k) Whoever conspires to commit any offense de7 fined in this chapter shall be subject to the same penalties

8 as those prescribed for the offense the commission of

9 which was the object of the conspiracy.’’.

10 (b) EXPLOSIVES.—Section 844 of title 18, United

11 States Code, is amended by adding after the subsection

12 added by section 507(b) of this Act the following:

13 ‘‘(l) Whoever conspires to commit any offense defined

14 in this chapter shall be subject to the same penalties as

15 those prescribed for the offense the commission of which

16 was the object of the conspiracy.’’.

17 SEC. 517. STUDY OF INCENDIARY AMMUNITION; REPORT TO

18 CONGRESS.

19 (a) STUDY.—The Secretary of the Treasury shall

20 conduct a study of the incendiary ammunition offered for

21 sale under the brand name ‘‘Dragon’s Breath’’ and also

22 known as the ‘‘Three Second Flame Thrower’’, and all in23 cendiary ammunition of similar function or effect, for the

24 purpose of determining whether there is a reasonable

25 sporting use for such ammunition and whether there is

26 a reasonable use for such ammunition in law enforcement.
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1 (b) REPORT TO THE CONGRESS.—Within 1 year after

2 the date of the enactment of this Act, the Secretary of

3 the Treasury shall submit to the Committee on the Judici4 ary of the House of Representatives a report containing

5 the results of the study required by subsection (a) and

6 recommendations for such legislative or administrative ac7 tion, with respect to the ammunition referred to in sub8 section (a), as the Secretary deems appropriate.

9 SEC. 518. THEFT OF FIREARMS OR EXPLOSIVES FROM LI10 CENSEE.

11 (a) FIREARMS.—Section 924 of title 18, United

12 States Code, is amended by adding after the subsections

13 added by sections 506, 507(a), and 516(a) of this Act the

14 following:

15 ‘‘(l) Whoever steals any firearm from a licensed im16 porter, licensed manufacturer, licensed dealer or licensed

17 collector shall be fined in accordance with this title, im18 prisoned not more than ten years, or both.’’.

19 (b) EXPLOSIVES.—Section 844 of title 18, United

20 States Code, is amended by adding after the subsections

21 added by sections 507(b) and 516(b) of this Act the fol22 lowing:

23 ‘‘(m) Whoever steals any explosive material from a

24 licensed importer, licensed manufacturer or licensed deal-
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1 er, or from any permittee shall be fined in accordance with

2 this title, imprisoned not more than ten years, or both.’’.

3 SEC. 519. DISPOSING OF EXPLOSIVES TO PROHIBITED PER4 SONS.

5 Section 842(d) of title 18, United States Code, is

6 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

7 SEC. 520. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE

8 ARMED CAREER CRIMINAL STATUTE.

9 Section 924(e)(2) of title 18, United States Code, is

10 amended—

11 (1) in subparagraph (B)(ii), by striking ‘‘and ’’

12 at the end;

13 (2) in subparagraph (C), by striking the period

14 and inserting ‘‘; and’’; and

15 (3) by adding at the end the following:

16 ‘‘(D) the term ‘burglary’ means any crime pun17 ishable by a term of imprisonment exceeding one

18 year and consisting of entering or remaining surrep19 titiously within a building that is the property of an20 other with intent to engage in conduct constituting

21 a Federal or State offense.’’.
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1 SEC. 521. INCREASED PENALTY FOR INTERSTATE GUN

2 TRAFFICKING.

3 Section 924 of title 18, United States Code, is

4 amended by adding after the subsections added by sections

5 506, 507(a), 516(a), and 518(a) of this Act the following:

6 ‘‘(m) Whoever, with the intent to engage in conduct

7 which constitutes a violation of section 922(a)(1)(A), trav8 els from any State or foreign country into any other State

9 and acquires, or attempts to acquire, a firearm in such

10 other State in furtherance of such purpose shall be impris11 oned for not more than 10 years, fined in accordance with

12 this title, or both.’’.

13 TITLE VI—YOUTH VIOLENCE

14 Subtitle A—General

15 SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EM16 PLOYING PERSONS UNDER THE AGE OF 18

17 YEARS TO DISTRIBUTE DRUGS.

18 Section 419 of the Controlled Substances Act (21

19 U.S.C. 860) is amended as follows:

20 (1) at the end of subsection (b) by adding the

21 following:

22 ‘‘(c) Notwithstanding any other provision of law, any

23 person at least 18 years of age who knowingly and inten24 tionally—
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1 ‘‘(1) employs, hires, uses, persuades, induces,

2 entices, or coerces, a person under 18 years of age

3 to violate any provision of this section; or

4 ‘‘(2) employs, hires, uses, persuades, induces,

5 entices, or coerces, a person under 18 years of age

6 to assist in avoiding detection or apprehension for

7 any offense of this section by any Federal, State, or

8 local law enforcement official,

9 is punishable by a term of imprisonment, or fine, or both,

10 up to triple that authorized by section 841(b) of this title.’’

11 SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.

12 Section 5032 of title 18, United States Code, is

13 amended by striking ‘‘Any proceedings against a juvenile

14 under this chapter or as an adult shall not be commenced

15 until’’ and inserting ‘‘A juvenile shall not be transferred

16 to adult prosecution nor shall a hearing be held under sec17 tion 5037 (disposition after a finding of juvenile delin18 quency) until’’.

19 SEC. 603. BINDOVER SYSTEM.

20 Section 501(b) of title I of the Omnibus Crime Con21 trol and Safe Streets Act of 1968 (42 U.S.C. 3751), as

22 amended by section 1002, is amended—

23 (1) in paragraph (21) by striking ‘‘and’’ at the

24 end;
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1 (2) in paragraph (22) by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) inserting after paragraph (22) the following:

4 ‘‘(23) programs which address the need for ef5 fective bindover systems for the prosecution of vio6 lent 16- and 17-year olds in courts with jurisdiction

7 over adults for the crimes of—

8 ‘‘(A) murder in the first degree;

9 ‘‘(B) murder in the second degree;

10 ‘‘(C) attempted murder;

11 ‘‘(D) armed robbery when armed with a

12 firearm;

13 ‘‘(E) aggravated battery or assault when

14 armed with a firearm;

15 ‘‘(F) criminal sexual penetration when

16 armed with a firearm; and

17 ‘‘(G) drive-by shootings as described in

18 section 922 of title 18, United States Code.’’.

19 Subtitle B—Criminal Street Gangs

20 SEC. 604. CRIMINAL STREET GANGS.

21 (a) IN GENERAL.—Title 18, United States Code, is

22 amended by inserting after chapter 25 the following:

23 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gangs.
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1 ‘‘§ 521. Criminal street gangs

2 ‘‘(a) Whoever, under the circumstances described in

3 subsection (c) of this section, commits an offense de4 scribed in subsection (b) of this section, shall, in addition

5 to any other sentence authorized by law, be sentenced to

6 a term of imprisonment of not more than 10 years and

7 may also be fined under this title. Such sentence of impris8 onment shall run consecutively to any other sentence im9 posed.

10 ‘‘(b) The offenses referred to in subsection (a) of this

11 section are—

12 ‘‘(1) any Federal felony involving a controlled

13 substance (as defined in section 102 of the Con14 trolled Substances Act) for which the maximum pen15 alty is not less than five years;

16 ‘‘(2) any Federal felony crime of violence;

17 ‘‘(3) a conspiracy to commit any of the offenses

18 described in paragraphs (1) through (3) of this sub19 section.

20 ‘‘(c) The circumstances referred to in subsection (a)

21 of this section are that the offense described in subsection

22 (b) was committed as a member of, or on behalf of, a

23 criminal street gang and that person has been convicted,

24 within the past 5 years for—

25 ‘‘(1) any offense listed in subsection (b) of this

26 section;
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1 ‘‘(2) any State offense—

2 ‘‘(A) involving a controlled substance (as

3 defined in section 102 of the Controlled Sub4 stances Act) for which the maximum penalty is

5 not less than one year after imprisonment; or

6 ‘‘(B) that is a crime of violence; for which

7 the maximum penalty is more than 1 year’s im8 prisonment; or

9 ‘‘(3) any Federal or State offense that involves

10 the theft or destruction of property for which the

11 maximum penalty is more than 1 year’s imprison12 ment; or

13 ‘‘(4) a conspiracy to commit any of the offenses

14 described in paragraphs (1) through (3) of this sub15 section.

16 ‘‘(d) For purposes of this section—

17 ‘‘(1) the term ‘criminal street gang’ means any

18 group, club, organization, or association of 5 or

19 more persons—

20 ‘‘(A) whose members engage or have en21 gaged within the past 5 years, in a continuing

22 series of violations of any offense treated in

23 subsection (b); and

24 ‘‘(B) whose activities affect interstate or

25 foreign commerce; and
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1 ‘‘(2) the term ‘conviction’ includes a finding,

2 under State or Federal law, that a person has com3 mitted an act of juvenile delinquency involving a vio4 lent or controlled substances felony.’’.

5 (b) CLERICAL AMENDMENT.—The table of chapters

6 for part I of title 18, United States Code, is amended by

7 inserting after the item relating to chapter 25 the follow8 ing:

‘‘26. Criminal street gangs .............................................................. 521’’.

9 Subtitle C—Certainty of

10 Punishment for Young Offenders

11 SEC. 605. CERTAINTY OF PUNISHMENT FOR YOUNG OF12 FENDERS.

13 (a) IN GENERAL.—Title I of the Omnibus Crime

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

15 et seq.), is amended—

16 (1) by redesignating part S as part T;

17 (2) by redesignating section 1901 as section

18 2001; and

19 (3) by inserting after part R the following:

20 ‘‘PART S—ALTERNATIVE PUNISHMENTS FOR

21 YOUNG OFFENDERS

22 ‘‘SEC. 1901. GRANT AUTHORIZATION.

23 ‘‘(a) IN GENERAL.—The Director of the Bureau of

24 Justice Assistance (referred to in this part as the ‘Direc25 tor’) may make grants under this part to States, for the
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1 use by States and units of local government in the States,

2 for the purpose of developing alternative methods of pun3 ishment for young offenders to traditional forms of incar4 ceration and probation.

5 ‘‘(b) ALTERNATIVE METHODS.—The alternative

6 methods of punishment referred to in subsection (a)

7 should ensure certainty of punishment for young offenders

8 and promote reduced recidivism, crime prevention, and as9 sistance to victims, particularly for young offenders who

10 can be punished more effectively in an environment other

11 than a traditional correctional facility, including—

12 ‘‘(1) alternative sanctions that create account13 ability and certainty of punishment for young of14 fenders;

15 ‘‘(2) boot camp prison programs;

16 ‘‘(3) technical training and support for the im17 plementation and maintenance of State and local

18 restitution programs for young offenders;

19 ‘‘(4) innovative projects;

20 ‘‘(5) correctional options, such as community21 based incarceration, weekend incarceration, and elec22 tric monitoring of offenders;

23 ‘‘(6) community service programs that provide

24 work service placement for young offenders at non-
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1 profit, private organizations and community organi2 zations;

3 ‘‘(7) demonstration restitution projects that are

4 evaluated for effectiveness; and

5 ‘‘(8) innovative methods that address the prob6 lems of young offenders convicted of serious sub7 stance abuse, including alcohol abuse, and gang-re8 lated offenses, including technical assistance and

9 training to counsel and treat such offenders.

10 ‘‘SEC. 1902. STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—(1) To request a grant under

12 this part, the chief executive of a State shall submit an

13 application to the Director in such form and containing

14 such information as the Director may reasonably require.

15 ‘‘(2) Such application shall include assurances that

16 Federal funds received under this part shall be used to

17 supplement, not supplant, non-Federal funds that would

18 otherwise be available for activities funded under this part.

19 ‘‘(b) STATE OFFICE.—The office designated under

20 section 507 of title I of the Omnibus Crime Control and

21 Safe Streets Act of 1968 (42 U.S.C. 3757)—

22 ‘‘(1) shall prepare the application as required

23 under section 1902 of the Violent Crime Control and

24 Law Enforcement Act of 1993; and
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1 ‘‘(2) shall administer grant funds received

2 under this part, including, review of spending, proc3 essing, progress, financial reporting, technical assist4 ance, grant adjustments, accounting, auditing, and

5 fund disbursement.

6 ‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.

7 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

8 under section 1901(a) of the Violent Crime Control and

9 Law Enforcement Act of 1993 to carry out the projects

10 described in the application submitted by such applicant

11 under section 1902 of the Violent Crime Control and Law

12 Enforcement Act of 1993 upon determining that—

13 ‘‘(1) the application is consistent with the re14 quirements of this part; and

15 ‘‘(2) before the approval of the application, the

16 Bureau has made an affirmative finding in writing

17 that the proposed project has been reviewed in ac18 cordance with this part.

19 ‘‘(b) APPROVAL.—Each application submitted under

20 section 1902 of the Violent Crime Control and Law En21 forcement Act of 1993 shall be considered approved, in

22 whole or in part, by the Bureau not later than 45 days

23 after first received unless the Bureau informs the appli24 cant of specific 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 sec4 tion 1901(b) of the Violent Crime Control and Law En5 forcement Act of 1993 for young offenders.

6 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER7 ATION.—The Bureau shall not disapprove any application

8 without first affording the applicant reasonable notice and

9 an opportunity for reconsideration.

10 ‘‘SEC. 1904. LOCAL APPLICATIONS.

11 ‘‘(a) IN GENERAL.—(1) To request funds under this

12 part from a State, the chief executive of a unit of local

13 government shall submit an application to the office des14 ignated under section 1902(b) of the Violent Crime Con15 trol and Law Enforcement Act of 1993.

16 ‘‘(2) Such application shall be considered approved,

17 in whole or in part, by the State not later than 45 days

18 after such application is first received unless the State in19 forms the applicant in writing of specific reasons for dis20 approval.

21 ‘‘(3) The State shall not disapprove any application

22 submitted to the State without first affording the appli23 cant reasonable notice and an opportunity for reconsider24 ation.
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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 1901

5 of the Violent Crime Control and Law Enforcement Act

6 of 1993 in a fiscal year shall make such funds available

7 to units of local government with an application that has

8 been submitted and approved by the State within 45 days

9 after the Bureau has approved the application submitted

10 by the State and has made funds available to the State.

11 The Director shall have the authority to waive the 45-day

12 requirement in this section upon a finding that the State

13 is unable to satisfy such requirement under State statutes.

14 ‘‘SEC. 1905. 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

18 the 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 which

22 bears the same ratio to the amount of remaining

23 funds described in this paragraph as the number of

24 young offenders of such State bears to the number

25 of young offenders in all the participating States.
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1 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re2 ceives funds under this part in a fiscal year shall distribute

3 to units of local government in such State for the purposes

4 specified under section 1901 of the Violent Crime Control

5 and Law Enforcement Act of 1993 that portion of such

6 funds which bears the same ratio to the aggregate amount

7 of such funds as the amount of funds expended by all units

8 of local government for criminal justice in the preceding

9 fiscal year bears to the aggregate amount of funds ex10 pended by the State and all units of local government in

11 such State for criminal justice in such preceding fiscal

12 year.

13 ‘‘(2) Any funds not distributed to units of local gov14 ernment under paragraph (1) shall be available for ex15 penditure by such State for purposes specified under sec16 tion 1901 of the Violent Crime Control and Law Enforce17 ment Act of 1993.

18 ‘‘(3) If the Director determines, on the basis of infor19 mation available during any fiscal year, that a portion of

20 the funds allocated to a State for such fiscal year will not

21 be used by such State or that a State is not eligible to

22 receive funds under section 1901 of the Violent Crime

23 Control and Law Enforcement Act of 1993, the Director

24 shall award such funds to units of local government in
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1 such 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

4 grant made under this part may not exceed 75 percent

5 of the total costs of the projects described in the applica6 tion submitted under section 1902(a) of the Violent Crime

7 Control and Law Enforcement Act of 1993 for the fiscal

8 year for which the projects receive assistance under this

9 part.

10 ‘‘SEC. 1906. EVALUATION.

11 ‘‘(a) IN GENERAL.—(1) Each State and local unit of

12 government that receives a grant under this part shall

13 submit to the Director an evaluation not later than March

14 1 of each year in accordance with guidelines issued by the

15 Director and in consultation with the National Institute

16 of Justice.

17 ‘‘(2) The Director may waive the requirement speci18 fied in subsection (a) if the Director determines that such

19 evaluation is not warranted in the case of the State or

20 unit of local government involved.

21 ‘‘(b) DISTRIBUTION.—The Director shall make avail22 able to the public on a timely basis evaluations received

23 under subsection (a).

24 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local

25 unit of government may use not more than 5 percent of
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1 funds it receives under this part to develop an evaluation

2 program under this section.’’.

3 (b) CONFORMING AMENDMENT.—The table of con4 tents of title I of the Omnibus Crime Control and Safe

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

6 by striking the matter relating to part S and inserting the

7 following:

‘‘PART S—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 1901. Grant authorization.

‘‘Sec. 1902. State applications.

‘‘Sec. 1903. Review of State applications.

‘‘Sec. 1904. Local applications.

‘‘Sec. 1905. Allocation and distribution of funds.

‘‘Sec. 1906. Evaluation.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.

8 (c) DEFINITION.—Section 901(a) of the Omnibus

9 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

10 3791(a)), is amended by adding at the end the following

11 new section:

12 ‘‘(25) The term ‘young offender’ means an indi13 vidual 28 years of age or younger.’’.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

15 1001(a) of title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3793) is amended by add17 ing after paragraph (12) the following:

18 ‘‘(13) There are authorized to be appropriated

19 $200,000,000 for each of the fiscal years 1994, 1995, and

20 1996 to carry out the projects under part S.’’.
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1 Subtitle D—Juvenile Drug Traf2 ficking and Gang Prevention

3 Grants

4 SEC. 606. JUVENILE DRUG TRAFFICKING AND GANG PRE5 VENTION GRANTS.

6 The Omnibus Crime Control and Safe Streets Act of

7 1968, is amended—

8 (1) by redesignating part T as part U;

9 (2) by redesignating section 2001 as section

10 2101; and

11 (3) by inserting after part S the following new

12 part:

13 ‘‘PART T—JUVENILE DRUG TRAFFICKING AND

14 GANG PREVENTION GRANTS

15 ‘‘SEC. 2001. GRANT AUTHORIZATION.

16 ‘‘(a) IN GENERAL.—The Director is authorized to

17 make grants to States and units of general local govern18 ment or combinations thereof to assist them in planning,

19 establishing, operating, coordinating, and evaluating

20 projects directly or through grants and contracts with

21 public and private agencies for the development of more

22 effective programs, including education, prevention, treat23 ment and enforcement programs to reduce—

24 ‘‘(1) the formation or continuation of juvenile

25 gangs; and
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1 ‘‘(2) the use and sale of illegal drugs by juve2 niles.

3 ‘‘(b) USES OF FUNDS.—The grants made under this

4 section may be used for any of the following specific pur5 poses:

6 ‘‘(1) to reduce the participation of juveniles in

7 drug related crimes (including drug trafficking and

8 drug use), particularly in and around elementary

9 and secondary schools;

10 ‘‘(2) to reduce juvenile involvement in organized

11 crime, drug and gang-related activity, particularly

12 activities that involve the distribution of drugs by or

13 to juveniles;

14 ‘‘(3) to develop new and innovative means to

15 address the problems of juveniles convicted of seri16 ous, drug-related and gang-related offenses;

17 ‘‘(4) to reduce juvenile drug and gang-related

18 activity in public housing projects;

19 ‘‘(5) to provide technical assistance and train20 ing to personnel and agencies responsible for the ad21 judicatory and corrections components of the juve22 nile justice system to identify drug-dependent or

23 gang-involved juvenile offenders and to provide ap24 propriate counseling and treatment to such offend25 ers;
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1 ‘‘(6) to promote the involvement of all juveniles

2 in lawful activities, including—

3 ‘‘(A) school programs that teach that drug

4 and gang involvement are wrong;

5 ‘‘(B) programs such as youth sports and

6 other activities, including girls and boys clubs,

7 scout troops, and little leagues;

8 ‘‘(7) to facilitate Federal and State cooperation

9 with local school officials to develop education, pre10 vention and treatment programs for juveniles who

11 are likely to participate in drug trafficking, drug use

12 or gang-related activities;

13 ‘‘(8) to provide pre- and post-trial drug abuse

14 treatment to juveniles in the juvenile justice system;

15 with the highest possible priority to providing drug

16 abuse treatment to drug-dependent pregnant juve17 niles and drug-dependent juvenile mothers;

18 ‘‘(9) to provide education and treatment pro19 grams for youth exposed to severe violence in their

20 homes, schools, or neighborhoods;

21 ‘‘(10) to establish sports mentoring and coach22 ing programs in which athletes serve as role models

23 for youth to teach that athletics provide a positive

24 alternative to drug and gang involvement;
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1 ‘‘(11) to develop new programs that specifically

2 address the unique crime, drug, and alcohol-related

3 challenges faced by juveniles living at or near Inter4 national Ports of Entry and in other international

5 border communities, including rural localities; and

6 ‘‘(12) to identify promising new juvenile drug

7 demand reduction and enforcement programs, to

8 replicate and demonstrate these programs to serve

9 as national, regional or local models that could be

10 used, in whole or in part, by other public and private

11 juvenile justice programs, and to provide technical

12 assistance and training to public or private organiza13 tions to implement similar programs.

14 ‘‘SEC. 2002. APPLICATIONS.

15 ‘‘A State or unit of local government applying for

16 grants under this part shall submit an application to the

17 Director in such form and containing such information as

18 the Director shall reasonably require.’’.

19 (b) CONFORMING AMENDMENT.—The table of con20 tents of title I of the Omnibus Crime Control and Safe

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

22 by striking the matter relating to part T and inserting

23 the following:

‘‘PART T—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

‘‘Sec. 2001. Grant authorization.

‘‘Sec. 2002. Applications.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER
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‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

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 by add4 ing after paragraph (13) the following:

5 ‘‘(14) There are authorized to be appropriated

6 $100,000,000 for each of the fiscal years 1994 and 1995

7 to carry out the projects under part T.’’.

8 TITLE VII—TERRORISM

9 Subtitle A—Maritime Navigation

10 and Fixed Platforms

11 SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME

12 NAVIGATION OR FIXED PLATFORMS.

13 Chapter 111 of title 18, United States Code, is

14 amended by adding at the end the following:

15 ‘‘§ 2280. Violence against maritime navigation

16 ‘‘(a) Whoever unlawfully and intentionally—

17 ‘‘(1) seizes or exercises control over a ship by

18 force or threat thereof or any other form of intimi19 dation;

20 ‘‘(2) performs an act of violence against a per21 son on board a ship if that act is likely to endanger

22 the safe navigation of that ship;

23 ‘‘(3) destroys a ship or causes damage to a ship

24 or to its cargo which is likely to endanger the safe

25 navigation of that ship;
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1 ‘‘(4) places or causes to be placed on a ship, by

2 any means whatsoever, a device or substance which

3 is likely to destroy that ship, or cause damage to

4 that ship or its cargo which endangers or is likely

5 to endanger the safe navigation of that ship;

6 ‘‘(5) destroys or seriously damages maritime

7 navigational facilities or seriously interferes with

8 their operation, if such act is likely to endanger the

9 safe navigation of a ship;

10 ‘‘(6) communicates information, knowing the

11 information to be false and under circumstances in

12 which such information may reasonably be believed,

13 thereby endangering the safe navigation of a ship;

14 ‘‘(7) injures or kills any person in connection

15 with the commission or the attempted commission of

16 any of the offenses set forth in paragraphs (1)

17 through (6); or

18 ‘‘(8) attempts to do any act prohibited under

19 paragraphs (1) through (7);

20 shall be fined under this title or imprisoned not more than

21 twenty years, or both; and if the death of any person re22 sults, from conduct prohibited by this subsection, shall be

23 punished by death or imprisoned for any term of years

24 or for life.
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1 ‘‘(b) Whoever threatens to do any act prohibited

2 under paragraphs (2), (3) or (5) of subsection (a), with

3 apparent determination and will to carry the threat into

4 execution, if the threatened act is likely to endanger the

5 safe navigation of the ship in question, shall be fined

6 under this title or imprisoned not more than five years,

7 or both.

8 ‘‘(c) There is jurisdiction over the prohibited activity

9 in subsections (a) and (b)—

10 ‘‘(1) in the case of a covered ship, if—

11 ‘‘(A) such activity is committed—

12 ‘‘(i) by a person engaged in terrorism

13 or who acts on behalf of a terrorist group;

14 ‘‘(ii) against or on board a ship flying

15 the flag of the United States at the time

16 the prohibited activity is committed;

17 ‘‘(iii) in the United States and the ac18 tivity is not prohibited as a crime by the

19 State in which the activity takes place; or

20 ‘‘(iv) the activity takes place on a ship

21 flying the flag of a foreign country or out22 side the United States, by a national of the

23 United States or by a stateless person

24 whose habitual residence is in the United

25 States;
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1 ‘‘(B) during the commission of such activ2 ity, a national of the United States is seized,

3 threatened, injured or killed; or

4 ‘‘(C) the offender is later found in the

5 United States after such activity is committed;

6 ‘‘(2) in the case of a ship navigating or sched7 uled to navigate solely within the territorial sea or

8 internal waters of a country other than the United

9 States, if the offender is later found in the United

10 States after such activity is committed; and

11 ‘‘(3) in the case of any vessel, if such activity

12 is committed in an attempt to compel the United

13 States to do or abstain from doing any act.

14 ‘‘(d) As used in this section, the term—

15 ‘‘(1) the term ‘ship’ means a vessel of any type

16 whatsoever not permanently attached to the sea-bed,

17 including dynamically supported craft, submersibles

18 or any other floating craft; but such term does not

19 include a warship, a ship owned or operated by a

20 government when being used as a naval auxiliary or

21 for customs or police purposes, or a ship which has

22 been withdrawn from navigation or laid up;

23 ‘‘(2) the term ‘covered ship’ means a ship that

24 is navigating or is scheduled to navigate into,

25 through or from waters beyond the outer limit of the
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1 territorial sea of a single country or a lateral limit

2 of that country’s territorial sea with an adjacent

3 country;

4 ‘‘(3) the term ‘national of the United States’

5 has the meaning given such term in section

6 101(a)(22) of the Immigration and Nationality Act

7 (8 U.S.C. 1101(a)(22));

8 ‘‘(4) the term ‘territorial sea of the United

9 States’ means all waters extending seaward to 12

10 nautical miles from the baselines of the United

11 States determined in accordance with international

12 law; and

13 ‘‘(5) the term ‘United States’, when used in a

14 geographical sense, includes the Commonwealth of

15 Puerto Rico, the Commonwealth of the Northern

16 Marianas Islands and all territories and possessions

17 of the United States.

18 ‘‘§ 2281. Violence against maritime fixed platforms

19 ‘‘(a) Whoever unlawfully and intentionally—

20 ‘‘(1) seizes or exercises control over a fixed

21 platform by force or threat thereof or any other

22 form of intimidation;

23 ‘‘(2) performs an act of violence against a per24 son on board a fixed platform if that act is likely to

25 endanger its safety;
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1 ‘‘(3) destroys a fixed platform or causes dam2 age to it which is likely to endanger its safety;

3 ‘‘(4) places or causes to be placed on a fixed

4 platform, by any means whatsoever, a device or sub5 stance which is likely to destroy that fixed platform

6 or likely to endanger its safety;

7 ‘‘(5) injures or kills any person in connection

8 with the commission or the attempted commission of

9 any of the offenses set forth in paragraphs (1)

10 through (4); or

11 ‘‘(6) attempts to do anything prohibited under

12 paragraphs (1) through (5);

13 shall be fined under this title or imprisoned not more than

14 twenty years, or both; and if death results to any person

15 from conduct prohibited by this subsection, shall be pun16 ished by death or imprisoned for any term of years or for

17 life.

18 ‘‘(b) Whoever threatens to do anything prohibited

19 under paragraphs (2) or (3) of subsection (a), with appar20 ent determination and will to carry the threat into execu21 tion, if the threatened act is likely to endanger the safety

22 of the fixed platform, shall be fined under this title or im23 prisoned not more than five years, or both.

24 ‘‘(c) There is jurisdiction over the prohibited activity

25 in subsections (a) and (b) if—
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1 ‘‘(1) such activity is committed against or on

2 board a fixed platform—

3 ‘‘(A) that is located on the continental

4 shelf of the United States, if—

5 ‘‘(i) by a person engaged in terrorism

6 or who acts on behalf of a terrorist group;

7 or

8 ‘‘(ii) if the activity is not prohibited as

9 a crime by the State in which the activity

10 takes place;

11 ‘‘(B) that is located on the continental

12 shelf of another country, by a national of the

13 United States or by a stateless person whose

14 habitual residence is in the United States; or

15 ‘‘(C) in an attempt to compel the United

16 States to do or abstain from doing any act;

17 ‘‘(2) during the commission of such activity

18 against or on board a fixed platform located on a

19 continental shelf, a national of the United States is

20 seized, threatened, injured or killed; or

21 ‘‘(3) such activity is committed against or on

22 board a fixed platform located outside the United

23 States and beyond the continental shelf of the

24 United States and the offender is later found in the

25 United States.
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1 ‘‘(d) As used in this section, the term—

2 ‘‘(1) ‘continental shelf’ means the sea-bed and

3 subsoil of the submarine areas that extend beyond a

4 country’s territorial sea to the limits provided by

5 customary international law as reflected in Article

6 76 of the 1982 Convention on the Law of the Sea;

7 ‘‘(2) ‘fixed platform’ means an artificial island,

8 installation or structure permanently attached to the

9 sea-bed for the purpose of exploration or exploitation

10 of resources or for other economic purposes;

11 ‘‘(3) ‘national of the United States’ has the

12 meaning given such term in section 101(a)(22) of

13 the Immigration and Nationality Act (8 U.S.C.

14 1101(a)(22));

15 ‘‘(4) ‘territorial sea of the United States’ means

16 all waters extending seaward to 12 nautical miles

17 from the baselines of the United States determined

18 in accordance with international law; and

19 ‘‘(5) ‘United States’, when used in a geographi20 cal sense, includes the Commonwealth of Puerto

21 Rico, the Commonwealth of the Northern Marianas

22 Islands and all territories and possessions of the

23 United States.’’.
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1 SEC. 702. CLERICAL AMENDMENTS.

2 The table of sections at the beginning of chapter 111

3 of title 18, United States Code, is amended by adding at

4 the end thereof the following:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

5 SEC. 703. EFFECTIVE DATES.

6 This subtitle and the amendments made by this sub7 title shall take effect on the later of—

8 (1) the date of the enactment of this Act; or

9 (2)(A) in the case of section 2280 of title 18,

10 United States Code, the date the Convention for the

11 Suppression of Unlawful Acts Against the Safety of

12 Maritime Navigation has come into force and the

13 United States has become a party to that Conven14 tion; and

15 (B) in the case of section 2281 of title 18,

16 United States Code, the date the Protocol for the

17 Suppression of Unlawful Acts Against the Safety of

18 Fixed Platforms Located on the Continental Shelf

19 has come into force and the United States has be20 come a party to that Protocol.

21 Subtitle B—General Provisions

22 SEC. 704. WEAPONS OF MASS DESTRUCTION.

23 (a) OFFENSE.—Chapter 113A of title 18, United

24 States Code, as added by the preceding section, is amend-
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1 ed by inserting after section 2332 the following new sec2 tion:

3 ‘‘§ 2332a. Use of weapons of mass destruction

4 ‘‘(a) Whoever uses, or attempts or conspires to use,

5 a weapon of mass destruction—

6 ‘‘(1) against a national of the United States

7 while such national is outside of the United States;

8 ‘‘(2) against any person within the United

9 States; or

10 ‘‘(3) against any property that is owned, leased

11 or used by the United States or by any department

12 or agency of the United States, whether the property

13 is within or outside of the United States;

14 shall be imprisoned for any term of years or for life, and

15 if death results, shall be punished by death or imprisoned

16 for any term of years or for life.

17 ‘‘(b) For purposes of this section—

18 ‘‘(1) ‘national of the United States’ has the

19 meaning given in section 101(a)(22) of the Immigra20 tion and Nationality Act (8 U.S.C. 1101(a)(22));

21 and

22 ‘‘(2) ‘weapon of mass destruction’ means—

23 ‘‘(A) any destructive device as defined in

24 section 921 of this title;

25 ‘‘(B) poison gas;
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1 ‘‘(C) any weapon involving a disease orga2 nism; or

3 ‘‘(D) any weapon that is designed to re4 lease radiation or radioactivity at a level dan5 gerous to human life.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 113A of title 18, United States

8 Code, is amended by inserting after the item relating to

9 section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.

10 SEC. 705. JURISDICTION OVER CRIMES AGAINST UNITED

11 STATES NATIONALS ON CERTAIN FOREIGN

12 SHIPS.

13 Section 7 of title 18, United States Code (relating

14 to the special maritime and territorial jurisdiction of the

15 United States), is amended by inserting at the end thereof

16 the following new paragraph:

17 ‘‘(8) To an extent permitted by international law, any

18 foreign vessel during a voyage having a scheduled depar19 ture from or arrival in the United States with respect to

20 an offense committed by or against a national of the

21 United States.’’.

22 SEC. 706. TORTURE.

23 (a) IN GENERAL.—Part I of title 18, United States

24 Code, is amended by inserting after chapter 113A the fol25 lowing new chapter:
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1 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

2 ‘‘§ 2340. Definitions

3 ‘‘As used in this chapter—

4 ‘‘(1) ‘torture’ means an act committed by a per5 son acting under the color of law specifically in6 tended to inflict severe physical or mental pain or

7 suffering (other than pain or suffering incidental to

8 lawful sanctions) upon another person within his or

9 her custody or physical control;

10 ‘‘(2) ‘severe mental pain or suffering’ means

11 the prolonged mental harm caused by or resulting

12 from: (a) the intentional infliction or threatened in13 fliction of severe physical pain or suffering; (b) the

14 administration or application, or threatened adminis15 tration or application, of mind altering substances or

16 other procedures calculated to disrupt profoundly

17 the senses or the personality; (c) the threat of immi18 nent death; or (d) the threat that another person

19 will imminently be subjected to death, severe phys20 ical pain or suffering, or the administration or appli21 cation of mind altering substances or other proce22 dures calculated to disrupt profoundly the senses or

23 personality; and
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1 ‘‘(3) ‘United States’ includes all areas under

2 the jurisdiction of the United States including any

3 of the places within the provisions of sections 5 and

4 7 of this title and section 101(38) of the Federal

5 Aviation Act of 1958, as amended (49 U.S.C. App.

6 1301(38)).

7 ‘‘§ 2340A. Torture

8 ‘‘(a) Whoever outside the United States commits or

9 attempts to commit torture shall be fined under this title

10 or imprisoned not more than twenty years, or both; and

11 if death results to any person from conduct prohibited by

12 this subsection, shall be punished by death or imprisoned

13 for any term of years or for life.

14 ‘‘(b) There is jurisdiction over the prohibited activity

15 in subsection (a) if: (1) the alleged offender is a national

16 of the United States; or (2) the alleged offender is present

17 in the United States, irrespective of the nationality of the

18 victim or the alleged offender.

19 ‘‘§ 2340B. Exclusive remedies

20 ‘‘Nothing in this chapter shall be construed as pre21 cluding the application of State or local laws on the same

22 subject, nor shall anything in this chapter be construed

23 as creating any substantive or procedural right enforceable

24 by law by any party in any civil proceeding.’’.
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1 (b) CLERICAL AMENDMENT.—The table of chapters

2 for part I of title 18, United States Code, is amended by

3 inserting after the item for chapter 113A the following

4 new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

5 (c) EFFECTIVE DATE.—This section shall take effect

6 on the later of—

7 (1) the date of enactment of this section; or

8 (2) the date the United States has become a

9 party to the Convention Against Torture and Other

10 Cruel, Inhuman or Degrading Treatment or Punish11 ment.

12 SEC. 707. EXTENSION OF THE STATUTE OF LIMITATIONS

13 FOR CERTAIN TERRORISM OFFENSES.

14 (a) IN GENERAL.—Chapter 213 of title 18, United

15 States Code, is amended by inserting after section 3285

16 the following:

17 ‘‘§ 3286. Extension of statute of limitations for certain

18 terrorism offenses

19 ‘‘Notwithstanding the provisions of section 3282, no

20 person shall be prosecuted, tried, or punished for any of21 fense involving a violation of section 32 (aircraft destruc22 tion), section 36 (airport violence), section 112 (assaults

23 upon diplomats), section 351 (crimes against Congress24 men or Cabinet officers), section 1116 (crimes against dip25 lomats), section 1203 (hostage taking), section 1361 (will-
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1 ful injury to government property), section 1751 (crimes

2 against the President), section 2280 (maritime violence),

3 section 2281 (maritime platform violence), section 2331

4 (terrorist acts abroad against United States nationals),

5 section 2339 (use of weapons of mass destruction), or sec6 tion 2340A (torture) of this title or section 902 (i), (j),

7 (k), (l), or (n) of the Federal Aviation Act of 1958, as

8 amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),

9 unless the indictment is found or the information is insti10 tuted within ten years next after such offense shall have

11 been committed.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 213 is amended by inserting

14 below the item for:

‘‘3285. Criminal contempt.’’.

15 the following:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

16 SEC. 708. F.B.I. ACCESS TO TELEPHONE SUBSCRIBER IN17 FORMATION.

18 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

19 title 18, United States Code, is amended to read as fol20 lows:

21 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

22 the Federal Bureau of Investigation, or his or her designee

23 in a position not lower than Deputy Assistant Director,

24 may—
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1 ‘‘(1) request the name, address, length of serv2 ice, and toll billing records of a person or entity if

3 the Director (or his or her designee in a position not

4 lower than Deputy Assistant Director) certifies in

5 writing to the wire or electronic communication serv6 ice provider to which the request is made that—

7 ‘‘(A) the name, address, length of service,

8 and toll billing records sought are relevant to

9 an authorized foreign counterintelligence inves10 tigation; and

11 ‘‘(B) there are specific and articulable

12 facts giving reason to believe that the person or

13 entity to whom the information sought pertains

14 is a foreign power or an agent of a foreign

15 power as defined in section 101 of the Foreign

16 Intelligence Surveillance Act of 1978 (50

17 U.S.C. 1801); and

18 ‘‘(2) request the name, address, and length of

19 service of a person or entity if the Director (or his

20 or her designee in a position not lower than Deputy

21 Assistant Director) certifies in writing to the wire or

22 electronic communication service provider to which

23 the request is made that—
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1 ‘‘(A) the information sought is relevant to

2 an authorized foreign counterintelligence inves3 tigation; and

4 ‘‘(B) there are specific and articulable

5 facts giving reason to believe that communica6 tion facilities registered in the name of the per7 son or entity have been used, through the serv8 ices of such provider, in communication with—

9 ‘‘(i) an individual who is engaging or

10 has engaged in international terrorism as

11 defined in section 101(c) of the Foreign

12 Intelligence Surveillance Act or clandestine

13 intelligence activities that involve or may

14 involve a violation of the criminal statutes

15 of the United States; or

16 ‘‘(ii) a foreign power or an agent of a

17 foreign power under circumstances giving

18 reason to believe that the communication

19 concerned international terrorism as de20 fined in section 101(c) of the Foreign In21 telligence Surveillance Act or clandestine

22 intelligence activities that involve or may

23 involve a violation of the criminal statutes

24 of the United States.’’.
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1 (b) REPORT TO JUDICIARY COMMITTEES.—Section

2 2709(e) of title 18, United States Code, is amended by

3 adding after ‘‘Senate’’ the following: ‘‘, and the Commit4 tees on the Judiciary of the Senate and the House of Rep5 resentatives,’’.

6 SEC. 709. VIOLENCE AT AIRPORTS SERVING INTER7 NATIONAL CIVIL AVIATION.

8 (a) OFFENSE.—Chapter 2 of title 18, United States

9 Code, is amended by adding at the end thereof the follow10 ing:

11 ‘‘§ 36. Violence at international airports

12 ‘‘(a) Whoever unlawfully and intentionally, using any

13 device, substance or weapon—

14 ‘‘(1) performs an act of violence against a per15 son at an airport serving international civil aviation

16 which causes or is likely to cause serious bodily in17 jury or death; or

18 ‘‘(2) destroys or seriously damages the facilities

19 of an airport serving international civil aviation or a

20 civil aircraft not in service located thereon or dis21 rupts the services of the airport;

22 if such an act endangers or is likely to endanger safety

23 at that airport, or attempts to do such an act, shall be

24 fined under this title or imprisoned not more than twenty

25 years, or both; and if the death of any person results from
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1 conduct prohibited by this subsection, shall be punished

2 by death or imprisoned for any term of years or for life.

3 ‘‘(b) There is jurisdiction over the prohibited activity

4 in subsection (a) if—

5 ‘‘(1) the prohibited activity takes place in the

6 United States and—

7 ‘‘(A) the perpetrator of the prohibited ac8 tivity engages in terrorism or acts on behalf of

9 a terrorist group;

10 ‘‘(B) the activity violates subsection (a)(1)

11 and the person against whom the violence is di12 rected is engaged in international air travel;

13 ‘‘(C) the activity violates subsection (a)(2)

14 and the facility or aircraft destroyed or dam15 aged is owned by or leased by a foreign flag

16 carrier or the services disrupted are primarily

17 for the benefit of such a carrier; or

18 ‘‘(D) the activity is not prohibited as a

19 crime by the law of the State in which the air20 port is located; or

21 ‘‘(2) the prohibited activity takes place outside

22 of the United States and the offender is later found

23 in the United States.

24 ‘‘(c) For the purposes of this section, the terms ‘ter25 rorism’ and ‘terrorist group’ have, respectively, the mean-
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1 ings given those terms in section 140 of Public Law 100–

2 204 (22 U.S.C. 2656f).’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 2 of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

6 (c) EFFECTIVE DATE.—This section shall take effect

7 on the later of—

8 (1) the date of the enactment of this Act; or

9 (2) the date the Protocol for the Suppression of

10 Unlawful Acts of Violence at Airports Serving Inter11 national Civil Aviation, Supplementary to the Con12 vention for the Suppression of Unlawful Acts

13 Against the Safety of Civil Aviation, done at Mon14 treal on 23 September 1971, has come into force

15 and the United States has become a party to the

16 Protocol.

17 SEC. 710. PREVENTING ACTS OF TERRORISM AGAINST CI18 VILIAN AVIATION.

19 (a) IN GENERAL.—Chapter 2 of title 18, United

20 States Code, is amended by adding at the end thereof the

21 following new section:

22 ‘‘§ 37. Violations of Federal aviation security regula23 tions

24 ‘‘Whoever willfully violates a security regulation

25 under part 107 or 108 of title 14, Code of Federal Regula-
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1 tions (relating to airport and airline security) issued pur2 suant to section 1356 and 1357 of title 49, United States

3 Code, shall be fined under this title or imprisoned for not

4 more than one year, or both.’’.

5 (b) TABLE OF SECTIONS.—The table of sections for

6 chapter 2 of title 18, United States Code, is amended by

7 adding at the end thereof the following:

‘‘37. Violations of Federal aviation security regulations.’’.

8 SEC. 711. 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

14 United States

15 ‘‘Whoever, outside the United States, engages in the

16 act of—

17 ‘‘(1) making, dealing, or possessing any coun18 terfeit obligation or other security of the United

19 States; 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 of this title if committed within the United States,
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1 shall be fined under this title, imprisoned for not more

2 than 20 years, or both.’’.

3 (b) TABLE OF SECTIONS.—The table of sections for

4 chapter 25 of title 18, United States Code, is amended

5 by adding before section 471 the following:

‘‘470. Counterfeit acts committed outside the United States.’’.

6 (c) TABLE OF CHAPTERS.—The table of chapters at

7 the beginning of part I of title 18, United States Code,

8 is amended by striking the item for chapter 25 and insert9 ing the following:

‘‘25. Counterfeiting and forgery ................................................... 470’’.

10 SEC. 712. ENHANCEMENT OF PENALTIES FOR TERRORIST

11 CRIMES.

12 Pursuant to its authority under section 944 of title

13 28, United States Code, the United States Sentencing

14 Commission shall amend its sentencing guidelines to pro15 vide an appropriate enhancement of the punishment for

16 any felony, whether committed within or outside the

17 United States, that involves or is intended to promote

18 international terrorism, unless such involvement or intent

19 is itself an element of the crime.

20 SEC. 713. ALIEN WITNESS COOPERATION.

21 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS22 SIFICATION.—Section 101(a)(15) of the Immigration and

23 Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (Q),

3 (2) by striking the period at the end of sub4 paragraph (R) and inserting ‘‘; or’’, and

5 (3) by adding at the end the following new sub6 paragraph:

7 ‘‘(S) subject to section 214(j), an alien—

8 ‘‘(i) whom the Attorney General deter9 mines (I) is in possession of critical reliable in10 formation concerning a criminal organization or

11 enterprise, and (II) is willing to supply such in12 formation to Federal or State law enforcement

13 authorities or a Federal or State court of law,

14 and

15 ‘‘(ii) whose presence in the United States

16 the Attorney General determines is essential to

17 the success of an authorized criminal investiga18 tion or the successful prosecution of an individ19 ual involved in the criminal organization or en20 terprise,

21 and the spouse and minor children of the alien if ac22 companying, or following to join, the alien.’’.

23 (b) CONDITIONS OF ENTRY.—

24 (1) WAIVER OF GROUNDS FOR EXCLUSION.—

25 Section 212(d) of such Act (8 U.S.C. 1182(d)) is
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1 amended by inserting at the beginning the following

2 new paragraph:

3 ‘‘(1) The Attorney General may, in his or her discre4 tion, waive the application of subsection (a) (other than

5 paragraph (3)(E) thereof) in the case of a nonimmigrant

6 described in section 101(a)(15)(S), if the Attorney Gen7 eral deems it in the national interest. Any such waiver

8 shall be deemed a waiver of any comparable ground for

9 deportation under section 241(a)(1)(A).’’.

10 (2) NUMERICAL LIMITATIONS; PERIOD OF AD11 MISSION; ETC.—Section 214 of such Act (8 U.S.C.

12 1184) is amended by adding at the end the following

13 new subsection:

14 ‘‘(j)(1) The number of aliens who may be provided

15 a visa as nonimmigrants under section 101(a)(15)(S) in

16 any 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 (A) shall report not less often than quarterly
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1 to the Commissioner such information concerning the

2 alien’s whereabouts and activities as the Attorney General

3 may require, (B) may not be convicted of any criminal

4 offense in the United States after the date of such admis5 sion, and (C) must have executed a form that waives the

6 nonimmigrant’s right to contest, other than on the basis

7 of an application for withholding of deportation, any ac8 tion for deportation of the alien instituted before the alien

9 obtains lawful permanent resident status.

10 ‘‘(5) The Attorney General shall submit a report an11 nually to the Committees on the Judiciary of the House

12 of Representatives and of the Senate concerning (A) the

13 number of such nonimmigrants admitted, (B) the number

14 of successful criminal prosecutions or investigations re15 sulting from cooperation of such aliens, (C) the number

16 of such nonimmigrants whose admission has not resulted

17 in successful criminal prosecution or investigation, and

18 (D) the number of such nonimmigrants who have failed

19 to report quarterly (as required under paragraph (4)) or

20 who have been convicted of crimes in the United States

21 after the date of their admission as such a non22 immigrant.’’.

23 (3) PROHIBITION OF CHANGE OF STATUS.—

24 Section 248(1) of such Act (8 U.S.C. 1258(1)) is
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1 amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or

2 (S)’’.

3 (c) ADJUSTMENT TO PERMANENT RESIDENT STA4 TUS.—

5 (1) IN GENERAL.—Section 245 of such Act (8

6 U.S.C. 1255), as amended by section 2(c) of the

7 Armed Forces Immigration Adjustment Act of 1991,

8 is amended by adding at the end the following new

9 subsection:

10 ‘‘(h)(1) If, in the opinion of the Attorney General—

11 ‘‘(A) a nonimmigrant admitted into the United

12 States under section 101(a)(15)(S) has supplied in13 formation described in clauses (i) and (ii) of such

14 section, and

15 ‘‘(B) the provision of such information has sub16 stantially contributed to the success of an authorized

17 criminal investigation or the successful prosecution

18 of an individual described in clause (ii) of such sec19 tion,

20 the Attorney General may adjust the status of the alien

21 (and the spouse and child of the alien if admitted under

22 such section) to that of an alien lawfully admitted for per23 manent residence if the alien is not described in section

24 212(a)(3)(E).
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1 ‘‘(2) Upon the approval of adjustment of status under

2 paragraph (1), the Attorney General shall record the

3 alien’s lawful admission for permanent residence as of the

4 date of such approval and the Secretary of State shall re5 duce by one the number of visas authorized to be issued

6 under section 201(d) and 203(b)(4) for the fiscal year

7 then current.’’.

8 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec9 tion 245(c) of such Act (8 U.S.C. 1255(c)) is

10 amended by striking ‘‘or’’ before ‘‘(4)’’ and by in11 serting before the period at the end the following: ‘‘;

12 or (5) an alien who was admitted as a nonimmigrant

13 described in section 101(a)(15)(S)’’.

14 (d) EXTENDING PERIOD OF DEPORTATION FOR CON15 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of such

16 Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by insert17 ing ‘‘(or 10 years in the case of an alien provided lawful

18 permanent resident status under section 245(h))’’ after

19 ‘‘five years’’.

20 SEC. 714. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

21 (a) OFFENSE.—Chapter 113A of title 18, United

22 States Code, is amended by adding the following new sec23 tion:
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1 ‘‘§ 2339A. Providing material support to terrorists

2 ‘‘Whoever, within the United States, provides mate3 rial support or resources or conceals or disguises the na4 ture, location, source, or ownership of material support or

5 resources, knowing or intending that they are to be used

6 in preparation for, or in carrying out, a violation of section

7 32, 36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363,

8 1751, 2280, 2281, 2331, or 2339 of this title, or section

9 902(i) of the Federal Aviation Act of 1958, as amended

10 (49 U.S.C. App. 1472(i)), or in preparation for or carry11 ing out the concealment of an escape from the commission

12 of any such violation, shall be fined under this title, im13 prisoned not more than ten years, or both. For purposes

14 of this section, the term ‘material support or resources’

15 means currency or other financial securities, financial

16 services, lodging, training, safehouses, false documenta17 tion or identification, communications equipment, facili18 ties, weapons, lethal substances, explosives, personnel,

19 transportation, and other physical assets, but does not in20 clude humanitarian assistance to persons not directly in21 volved in such violations.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 113A of title 18, United States

24 Code, is amended by adding the following:

‘‘2339A. Providing material support to terrorists.’’.
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1 TITLE VIII—SEXUAL VIOLENCE

2 AND CHILD ABUSE

3 Subtitle A—Sexual Abuse

4 SEC. 801. SEXUAL ABUSE AMENDMENTS.

5 (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON6 TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph

7 (2) of section 2245 of title 18, United States Code,

8 is amended—

9 (1) in subparagraph (B), by striking ‘‘or’’ after

10 the semicolon;

11 (2) in subparagraph (C) by striking ‘‘; and’’

12 and inserting in lieu thereof ‘‘; or’’; and

13 (3) by inserting a new subparagraph (D) as fol14 lows:

15 ‘‘(D) the intentional touching, not through

16 the clothing, of the genitalia of another person

17 who has not attained the age of 16 years with

18 an intent to abuse, humiliate, harass, degrade,

19 or arouse or gratify the sexual desire of any

20 person;’’.

21 Subtitle B—Child Protection

22 SEC. 802. PURPOSES.

23 The purposes of this subtitle are—

24 (1) to establish a national system through

25 which child care organizations may obtain the bene-
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1 fit of a nationwide criminal background check to de2 termine if persons who are current or prospective

3 child care providers have committed child abuse

4 crimes or other serious crimes;

5 (2) to establish minimum criteria for State laws

6 and procedures that permit child care organizations

7 to obtain the benefit of nationwide criminal back8 ground checks to determine if persons who are cur9 rent or prospective child care providers have commit10 ted child abuse crimes or other serious crimes;

11 (3) to provide procedural rights for persons who

12 are subject to nationwide criminal background

13 checks, including procedures to challenge and correct

14 inaccurate background check information;

15 (4) to establish a national system for the re16 porting by the States of child abuse crime informa17 tion; and

18 (5) to document and study the problem of child

19 abuse by providing statistical and informational data

20 on child abuse and related crimes to the Department

21 of Justice and other interested parties.

22 SEC. 803. DEFINITIONS.

23 For the purposes of this subtitle—

24 (1) the term ‘‘authorized agency’’ means a divi25 sion or office of a State designated by a State to re-
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1 port, receive, or disseminate information under this

2 subtitle;

3 (2) the term ‘‘background check crime’’ means

4 a child abuse crime, murder, manslaughter, aggra5 vated assault, kidnapping, arson, sexual assault, do6 mestic violence, incest, indecent exposure, prostitu7 tion, promotion of prostitution, and a felony offense

8 involving the use or distribution of a controlled sub9 stance;

10 (3) the term ‘‘child’’ means a person who is a

11 child for purposes of the criminal child abuse law of

12 a State;

13 (4) the term ‘‘child abuse’’ means the physical

14 or mental injury, sexual abuse or exploitation, ne15 glectful treatment, negligent treatment, or maltreat16 ment of a child by any person in violation of the

17 criminal child abuse laws of a State, but does not in18 clude discipline administered by a parent or legal

19 guardian to his or her child provided it is reasonable

20 in manner and moderate in degree and otherwise

21 does not constitute cruelty;

22 (5) the term ‘‘child abuse crime’’ means a crime

23 committed under any law of a State that establishes

24 criminal penalties for the commission of child abuse
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1 by a parent or other family member of a child or by

2 any other person;

3 (6) the term ‘‘child abuse crime information’’

4 means the following facts concerning a person who

5 is under indictment for, or has been convicted of, a

6 child abuse crime: full name, race, sex, date of birth,

7 height, weight, a brief description of the child abuse

8 crime or offenses for which the person has been ar9 rested or is under indictment or has been convicted,

10 the disposition of the charge, and any other informa11 tion that the Attorney General determines may be

12 useful in identifying persons arrested for, under in13 dictment for, or convicted of, a child abuse crime;

14 (7) the term ‘‘child care’’ means the provision

15 of care, treatment, education, training, instruction,

16 supervision, or recreation to children;

17 (8) the term ‘‘domestic violence’’ means a fel18 ony or misdemeanor involving the use or threatened

19 use of force by—

20 (A) a present or former spouse of the vic21 tim;

22 (B) a person with whom the victim shares

23 a child in common;

24 (C) a person who is cohabiting with or has

25 cohabited with the victim as a spouse; or
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1 (D) any person defined as a spouse of the

2 victim under the domestic or family violence

3 laws of a State;

4 (9) the term ‘‘exploitation’’ means child pornog5 raphy and child prostitution;

6 (10) the term ‘‘mental injury’’ means harm to

7 a child’s psychological or intellectual functioning,

8 which may be exhibited by severe anxiety, depres9 sion, withdrawal or outward aggressive behavior, or

10 a combination of those behaviors or by a change in

11 behavior, emotional response, or cognition;

12 (11) the term ‘‘national criminal background

13 check system’’ means the system maintained by the

14 Federal Bureau of Investigation based on fingerprint

15 identification or any other method of positive identi16 fication;

17 (12) the term ‘‘negligent treatment’’ means the

18 failure to provide, for a reason other than poverty,

19 adequate food, clothing, shelter, or medical care so

20 as to seriously endanger the physical health of a

21 child;

22 (13) the term ‘‘physical injury’’ includes lacera23 tions, fractured bones, burns, internal injuries, se24 vere bruising, and serious bodily harm;

25 (14) the term ‘‘provider’’ means—
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1 (A) a person who—

2 (i) is employed by or volunteers with

3 a qualified entity;

4 (ii) who owns or operates a qualified

5 entity; or

6 (iii) who has or may have unsuper7 vised access to a child to whom the quali8 fied entity provides child care; and

9 (B) a person who—

10 (i) seeks to be employed by or volun11 teer with a qualified entity;

12 (ii) seeks to own or operate a qualified

13 entity; or

14 (iii) seeks to have or may have unsu15 pervised access to a child to whom the

16 qualified entity provides child care;

17 (15) the term ‘‘qualified entity’’ means a busi18 ness or organization, whether public, private, for19 profit, not-for-profit, or voluntary, that provides

20 child care or child care placement services, including

21 a business or organization that licenses or certifies

22 others to provide child care or child care placement

23 services;

24 (16) the term ‘‘sex crime’’ means an act of sex25 ual abuse that is a criminal act;
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1 (17) the term ‘‘sexual abuse’’ includes the em2 ployment, use, persuasion, inducement, enticement,

3 or coercion of a child to engage in, or assist another

4 person to engage in, sexually explicit conduct or the

5 rape, molestation, prostitution, or other form of sex6 ual exploitation of children or incest with children;

7 and

8 (18) the term ‘‘State’’ means a State, the Dis9 trict of Columbia, the Commonwealth of Puerto

10 Rico, American Samoa, the Virgin Islands, Guam,

11 and the Trust Territories of the Pacific.

12 SEC. 804. REPORTING BY THE STATES.

13 (a) IN GENERAL.—An authorized criminal justice

14 agency of a State shall report child abuse crime informa15 tion to, or index child abuse crime information in, the na16 tional criminal background check system.

17 (b) PROVISION OF STATE CHILD ABUSE CRIME

18 RECORDS THROUGH THE NATIONAL CRIMINAL BACK19 GROUND CHECK SYSTEM.—(1) Not later than 180 days

20 after the date of enactment of this Act, the Attorney Gen21 eral shall—

22 (A) investigate the criminal records of each

23 State and determine for each State a timetable by

24 which the State should be able to provide child

25 abuse crime records on an on-line capacity basis
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1 through the national criminal background check sys2 tem;

3 (B) establish guidelines for the reporting or in4 dexing of child abuse crime information, including

5 guidelines relating to the format, content, and accu6 racy of child abuse crime information and other pro7 cedures for carrying out this Act; and

8 (C) notify each State of the determinations

9 made pursuant to subparagraphs (A) and (B).

10 (2) The Attorney General shall require as a part of

11 the State timetable that the State—

12 (A) achieve, by not later than the date that is

13 3 years after the date of enactment of this Act, at

14 least 80 percent currency of final case dispositions

15 in computerized criminal history files for all identifi16 able child abuse crime cases in which there has been

17 an event of activity within the last 5 years;

18 (B) continue to maintain at least 80 percent

19 currency of final case dispositions in all identifiable

20 child abuse crime cases in which there has been an

21 event of activity within the preceding 5 years; and

22 (C) take steps to achieve full disposition report23 ing, including data quality audits and periodic no24 tices to criminal justice agencies identifying records
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1 that lack final dispositions and requesting those dis2 positions.

3 (c) LIAISON.—An authorized agency of a State shall

4 maintain close liaison with the National Center on Child

5 Abuse and Neglect, the National Center for Missing and

6 Exploited Children, and the National Center for the Pros7 ecution of Child Abuse for the exchange of technical as8 sistance in cases of child abuse.

9 (d) ANNUAL SUMMARY.—(1) The Attorney General

10 shall publish an annual statistical summary of the child

11 abuse crime information reported under this subtitle.

12 (2) The annual statistical summary described in

13 paragraph (1) shall not contain any information that may

14 reveal the identity of any particular victim or alleged viola15 tor.

16 (e) ANNUAL REPORT.—The Attorney General shall

17 publish an annual summary of each State’s progress in

18 reporting child abuse crime information to the national

19 criminal background check system.

20 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

21 later than 180 days after the date of enactment of this

22 Act, the Administrator of the Office of Juvenile Justice

23 and Delinquency Prevention shall begin a study based on

24 a statistically significant sample of convicted child abuse

25 offenders and other relevant information to determine—
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1 (A) the percentage of convicted child abuse of2 fenders who have more than 1 conviction for an of3 fense involving child abuse;

4 (B) the percentage of convicted child abuse of5 fenders who have been convicted of an offense in6 volving child abuse in more than 1 State;

7 (C) whether there are crimes or classes of

8 crimes, in addition to those defined as background

9 check crimes in section 3, that are indicative of a

10 potential to abuse children; and

11 (D) the extent to which and the manner in

12 which instances of child abuse form a basis for con13 victions for crimes other than child abuse crimes.

14 (2) Not later than 1 year after the date of enactment

15 of this Act, the Administrator shall submit a report to the

16 Chairman of the Committee on the Judiciary of the Senate

17 and the Chairman of the Committee on the Judiciary of

18 the House of Representatives containing a description of

19 and a summary of the results of the study conducted pur20 suant to paragraph (1).

21 SEC. 805. BACKGROUND CHECKS.

22 (a) IN GENERAL.—(1) A State may have in effect

23 procedures (established by or under State statute or regu24 lation) to permit a qualified entity to contact an author25 ized agency of the State to request a nationwide back-
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1 ground check for the purpose of determining whether

2 there is a report that a provider is under indictment for,

3 or has been convicted of, a background check crime.

4 (2) The authorized agency shall access and review

5 State and Federal records of background check crimes

6 through the national criminal background check system

7 and shall respond promptly to the inquiry.

8 (b) GUIDELINES.—(1) The Attorney General shall es9 tablish guidelines for State background check procedures

10 established under subsection (a), which guidelines shall in11 clude the requirements and protections this subtitle.

12 (2) The guidelines established under paragraph (1)

13 shall require—

14 (A) that no qualified entity may request a back15 ground check of a provider under subsection (a) un16 less the provider first completes and signs a state17 ment that—

18 (i) contains the name, address, and date of

19 birth appearing on a valid identification docu20 ment (as defined by section 1028(d)(1) of title

21 18, United States Code) of the provider;

22 (ii) the provider is not under indictment

23 for, and has not been convicted of, a back24 ground check crime and, if the provider is

25 under indictment for or has been convicted of
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1 a background check crime, contains a descrip2 tion of the crime and the particulars of the in3 dictment or conviction;

4 (iii) notifies the provider that the entity

5 may request a background check under sub6 section (a);

7 (iv) notifies the provider of the provider’s

8 rights under subparagraph (B); and

9 (v) notifies the provider that prior to the

10 receipt of the background check the qualified

11 entity may choose to deny the provider unsuper12 vised access to a child to whom the qualified en13 tity provides child care;

14 (B) that each State establish procedures under

15 which a provider who is the subject of a background

16 check under subsection (a) is entitled—

17 (i) to obtain a copy of any background

18 check report and any record that forms the

19 basis for any such report; and

20 (ii) to challenge the accuracy and com21 pleteness of any information contained in any

22 such report or record and obtain a prompt de23 termination from an authorized agency as to

24 the validity of such challenge;
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1 (C) that an authorized agency to which a quali2 fied entity has provided notice pursuant to sub3 section (a) make reasonable efforts to complete re4 search in whatever State and local recordkeeping

5 systems are available and in the national criminal

6 background check system and respond to the quali7 fied entity within 15 business days;

8 (D) that the response of an authorized agency

9 to an inquiry pursuant to subsection (a) inform the

10 qualified entity that the background check pursuant

11 to this section—

12 (i) may not reflect all indictments or con13 victions for a background check crime; and

14 (ii) may not be the sole basis for determin15 ing the fitness of a provider;

16 (E) that the response of an authorized agency

17 to an inquiry pursuant to subsection (a) be limited

18 to the conviction or pending indictment information

19 reasonably required to accomplish the purposes of

20 this Act;

21 (F) that the qualified entity may choose to deny

22 the provider unsupervised access to a child to whom

23 the qualified entity provides child care on the basis

24 of a background check under subsection (a) until the

25 provider has obtained a determination as to the va-
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1 lidity of any challenge under subparagraph (B) or

2 waived the right to make such challenge;

3 (G) that each State establish procedures to en4 sure that any background check under subsection

5 (a) and the results thereof shall be requested by and

6 provided only to—

7 (i) qualified entities identified by States;

8 (ii) authorized representatives of a quali9 fied entity who have a need to know such infor10 mation;

11 (iii) the provider who is the subject of a

12 background check;

13 (iv) law enforcement authorities; or

14 (v) pursuant to the direction of a court of

15 law;

16 (H) that background check information con17 veyed to a qualified entity pursuant to subsection (a)

18 shall not be conveyed to any person except as pro19 vided under subparagraph (G);

20 (I) that an authorized agency shall not be liable

21 in an action at law for damages for failure to pre22 vent a qualified entity from taking action adverse to

23 a provider on the basis of a background check;

24 (J) that a State employee or a political subdivi25 sion of a State or employee thereof responsible for
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1 providing information to the national criminal back2 ground check system shall not be liable in an action

3 at law for damages for failure to prevent a qualified

4 entity from taking action adverse to a provider on

5 the basis of a background check; and

6 (K) that a State or Federal provider of criminal

7 history records, and any employee thereof, shall not

8 be liable in an action at law for damages for failure

9 to prevent a qualified entity from taking action ad10 verse to a provider on the basis of a criminal back11 ground check, or due to a criminal history record’s

12 being incomplete.

13 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand14 ing anything to the contrary in this section, the Attorney

15 General may certify that a State licensing or certification

16 procedure that differs from the procedures described in

17 subsections (a) and (b) shall be deemed to be the equiva18 lent of such procedures for purposes of this Act, but the

19 procedures described in subsections (a) and (b) shall con20 tinue to apply to those qualified entities, providers, and

21 background check crimes that are not governed by or in22 cluded within the State licensing or certification proce23 dure.

24 (2) The Attorney General shall by regulation estab25 lish criteria for certifications under this subsection. Such
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1 criteria shall include a finding by the Attorney General

2 that the State licensing or certification procedure accom3 plishes the purposes of this Act and incorporates a nation4 wide review of State and Federal records of background

5 check offenses through the national criminal background

6 check system.

7 (d) REGULATIONS.—(1) The Attorney General may

8 by regulation prescribe such other measures as may be

9 required to carry out the purposes of this Act, including

10 measures relating to the security, confidentiality, accu11 racy, use, misuse, and dissemination of information, and

12 audits and recordkeeping.

13 (2) The Attorney General shall, to the maximum ex14 tent possible, encourage the use of the best technology

15 available in conducting background checks.

16 SEC. 806. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

17 CRIME INFORMATION.

18 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

19 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

20 the Omnibus Crime Control and Safe Streets Act of 1968

21 (42 U.S.C. 3759(b)) is amended—

22 (A) in paragraph (2) by striking ‘‘and’’ after

23 the semicolon;

24 (B) in paragraph (3) by striking the period and

25 inserting ‘‘; and’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(4) the improvement of State record systems

4 and the sharing of all of the records described in

5 paragraphs (1), (2), and (3) and the records re6 quired by the Attorney General under section 804 of

7 the Violent Crime Control and Law Enforcement

8 Act of 1993 for the purposes of implementing sec9 tions 804 and 805 of that Act.’’.

10 (b) ADDITIONAL FUNDING GRANTS FOR THE IM11 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

12 (1) The Attorney General shall, subject to appropriations

13 and with preference to States that as of the date of enact14 ment of this Act have the lowest percent currency of case

15 dispositions in computerized criminal history files, make

16 a grant to each 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 computer20 ized criminal history files for the purposes of this

21 subtitle;

22 (C) to improve accessibility to the national

23 criminal background check system for the purposes

24 of this subtitle; and
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1 (D) to assist the State in the transmittal of

2 criminal records to, or the indexing of criminal his3 tory record in, the national criminal background

4 check system for the purposes of this subtitle.

5 (2) There are authorized to be appropriated for

6 grants under paragraph (1) a total of $20,000,000 for fis7 cal years 1994, 1995, and 1996.

8 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

9 after the date of enactment of this Act, the Attorney Gen10 eral may reduce by up to 10 percent the allocation to a

11 State for a fiscal year under title I of the Omnibus Crime

12 Control and Safe Streets Act of 1968 of a State that is

13 not in compliance with the timetable established for that

14 State under section 804 of this Act.

15 Subtitle C—Crimes Against

16 Children Registration

17 SEC. 807. ESTABLISHMENT OF PROGRAM.

18 (a) IN GENERAL.—

19 (1) STATE GUIDELINES.—The Attorney General

20 shall establish guidelines for State programs requir21 ing any person who is convicted of a criminal offense

22 against a victim who is a minor to register a current

23 address with a designated State law enforcement

24 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 re23 quired to register under this section is released from

24 prison, paroled, or placed on supervised release, a

25 State prison 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

8 of 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 F.B.I.—The officer shall, within 3 days after re16 ceipt of information described in paragraph (1), for17 ward it to a designated State law enforcement agen18 cy. The State law enforcement agency shall imme19 diately enter the information into the appropriate

20 State law enforcement record system and notify the

21 appropriate law enforcement agency having jurisdic22 tion where the person expects to reside. The State

23 law enforcement agency shall also immediately

24 transmit the conviction data and fingerprints to the
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1 Identification Division of the Federal Bureau of In2 vestigation.

3 (3) ANNUAL VERIFICATION.—On each anniver4 sary of a person’s initial registration date during the

5 period in which the person is required to register

6 under this section, the designated State law enforce7 ment agency shall mail a nonforwardable verification

8 form to the last reported address of the person. The

9 person shall mail the verification form to the officer

10 within 10 days after receipt of the form. The ver11 ification form shall be signed by the person, and

12 state that the person still resides at the address last

13 reported to the designated State law enforcement

14 agency. If the person fails to mail the verification

15 form to the designated State law enforcement agen16 cy within 10 days after receipt of the form, the per17 son shall be in violation of this section unless the

18 person proves that the person has not changed his

19 or her residence address.

20 (4) NOTIFICATION OF LOCAL LAW ENFORCE21 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

22 change of address by a person required to register

23 under this section reported to the designated State

24 law enforcement agency shall immediately be re-
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1 ported to the appropriate law enforcement agency

2 having jurisdiction where the person is residing.

3 (c) REGISTRATION FOR 10 YEARS.—A person re4 quired to register under this section shall continue to com5 ply with this section until 10 years have elapsed since the

6 person was released from imprisonment, or placed on pa7 role or supervised release.

8 (d) PENALTY.—A person required to register under

9 a State program established pursuant to this section who

10 knowingly fails to so register and keep such registration

11 current shall be subject to criminal penalties in such State.

12 It is the sense of Congress that such penalties should in13 clude at least 6 months imprisonment.

14 (e) PRIVATE DATA.—The information provided under

15 this section is private data on individuals and may be used

16 for law enforcement purposes and confidential background

17 checks conducted with fingerprints by a designated state

18 law enforcement agency for child care services providers.

19 SEC. 808. STATE COMPLIANCE.

20 (a) COMPLIANCE DATE.—Each State shall have 3

21 years from the date of the enactment of this Act in which

22 to implement the provisions of this subtitle.

23 (b) INELIGIBILITY FOR FUNDS.—The allocation of

24 funds under section 506 of title I of the Omnibus Crime

25 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)
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1 received by a State not complying with this subtitle 3

2 years after the date of enactment of this Act may be re3 duced by 10 percent and the unallocated funds shall be

4 reallocated to the States in compliance with this section.

5 TITLE IX—CRIME VICTIMS

6 SEC. 901. VICTIMS’ FUND PERCENTAGE ALLOCATION MODI7 FICATION.

8 Section 1402(d)(2) of the Victims of Crime Act of

9 1984 (42 U.S.C. 10601(d)(2)), is amended—

10 (a) by striking ‘‘and’’ at the end of subpara11 graph (A);

12 (b) by striking the period at the end of sub13 paragraph (B) and inserting a semicolon; and

14 (c) by adding at the end the following:

15 ‘‘(C) 1 percent shall be available for grants

16 under section 1404(c); and

17 ‘‘(D) 4.5 percent shall be available for

18 grants as provided in section 1404A.’’.

19 SEC. 902. RELATIONSHIP OF CRIME VICTIM COMPENSA20 TION TO CERTAIN FEDERAL PROGRAMS.

21 Section 1403 of the Victims of Crime Act of 1984

22 (42 U.S.C. 10602) is amended by adding at the end the

23 following:

24 ‘‘(e) Notwithstanding any other provision of law, if

25 the compensation paid by an eligible crime victim com-
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1 pensation program would cover costs that a Federal pro2 gram, or a federally financed State or local program,

3 would otherwise pay, then—

4 ‘‘(1) such crime victim compensation program

5 shall not pay that compensation; and

6 ‘‘(2) the other program shall make its payments

7 without regard to the existence of the crime victim

8 compensation program.’’.

9 SEC. 903. 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 fol17 lowing:

18 ‘‘(D) if sentence is to be imposed for a

19 crime of violence or sexual abuse, address the

20 victim personally if the victim is present at the

21 sentencing hearing and determine if the victim

22 wishes to make a statement and to present any

23 information 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 im10 posed has been committed, but the right of allocu11 tion under subdivision (a)(1)(D) may be exercised

12 instead by—

13 ‘‘(A) a parent or legal guardian in case the

14 victim is below the age of eighteen years or in15 competent; or

16 ‘‘(B) one or more family members or rel17 atives designated by the court in case the victim

18 is deceased or incapacitated;

19 if such person or persons are present at the sentenc20 ing hearing, regardless of whether the victim is

21 present; and

22 ‘‘(2) ‘crime of violence or sexual abuse’ means

23 a crime that involved the use or attempted or threat24 ened use of physical force against the person or
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1 property of another, or a crime under chapter 109A

2 of title 18, United States Code.’’.

3 SEC. 904. REPORT ON BATTERED WOMEN’S SYNDROME.

4 (a) REPORT.—Not less than 1 year after the date of

5 enactment of this Act, the Attorney General and the Sec6 retary of Health and Human Services shall transmit to

7 the House Committee on Energy and Commerce, the Sen8 ate Committee on Labor and Human Resources, and the

9 Committees on the Judiciary of the Senate and the House

10 of Representatives a report on the medical and psycho11 logical basis of ‘‘battered women’s syndrome’’ and on the

12 extent to which evidence of the syndrome has been held

13 to be admissible as evidence of guilt or as a defense in

14 a criminal trial.

15 (b) COMPONENTS OF THE REPORT.—The report de16 scribed in subsection (a) shall include—

17 (1) medical and psychological testimony on the

18 validity of battered women’s syndrome as a psycho19 logical condition;

20 (2) a compilation of State and Federal court

21 cases that have admitted evidence of battered wom22 en’s syndrome as evidence of guilt as a defense in

23 criminal trials; and

24 (3) an assessment by State and Federal judges,

25 prosecutors, and defense attorneys on the effects
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1 that evidence of battered women’s syndrome may

2 have in criminal trials.

3 TITLE X—STATE AND LOCAL

4 LAW ENFORCEMENT

5 Subtitle A—Safer Streets and

6 Neighborhoods

7 SEC. 1001. CONTINUATION OF FEDERAL-STATE FUNDING

8 FORMULA.

9 Section 504(a)(1) of part E of title I of the Omnibus

10 Crime Control and Safe Streets Act of 1968, as amended

11 by section 211 of the Department of Justice Appropria12 tions Act, 1990 (Public Law 101–162) and section 601

13 of the Crime Control Act of 1990 (Public Law 101–647),

14 is amended by striking ‘‘1991’’ and inserting ‘‘1994’’.

15 SEC. 1002. LIMITATION ON GRANT DISTRIBUTION.

16 (a) AMENDMENT.—Section 510(b) of title I of the

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

18 U.S.C. 3760(b)) is amended by inserting ‘‘non-Federal’’

19 after ‘‘with’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect on October 1, 1994.
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1 Subtitle B—DNA Identification

2 SEC. 1003. FUNDING TO IMPROVE THE QUALITY AND AVAIL3 ABILITY OF DNA ANALYSES FOR LAW EN4 FORCEMENT IDENTIFICATION PURPOSES.

5 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

6 GRANT PROGRAM.—Section 501(b) of title I of the Omni7 bus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3751(b)) is amended—

9 (1) in paragraph (20) by striking ‘‘and’’ at the

10 end,

11 (2) in paragraph (21) by striking the period at

12 the end and inserting ‘‘; and’’, and

13 (3) by adding at the end the following:

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

20 1968 (42 U.S.C. 3753(a)) is amended by adding at the

21 end thereof the following new paragraph:

22 ‘‘(12) If any part of a grant made under this

23 part is to be used to develop or improve a DNA

24 analysis capability in a forensic laboratory, a certifi25 cation that—
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1 ‘‘(A) DNA analyses performed at such lab2 oratory will satisfy or exceed then current

3 standards for a quality assurance program for

4 DNA analysis, issued by the Director of the

5 Federal Bureau of Investigation under section

6 1003 of the Violent Crime Control and Law

7 Enforcement Act of 1993;

8 ‘‘(B) DNA samples obtained by, and DNA

9 analyses performed at, such laboratory will be

10 accessible only—

11 ‘‘(i) to criminal justice agencies for

12 law enforcement identification purposes;

13 ‘‘(ii) for criminal defense purposes, to

14 a defendant, who shall have access to sam15 ples and analyses performed in connection

16 with the case in which such defendant is

17 charged; or

18 ‘‘(iii) if personally identifiable infor19 mation is removed, for a population statis20 tics database, for identification research

21 and protocol development purposes, or for

22 quality control purposes; and

23 ‘‘(C) such laboratory, and each analyst

24 performing DNA analyses at such laboratory,

25 will undergo, at regular intervals of not to ex-
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1 ceed 180 days, external proficiency testing by a

2 DNA proficiency testing program meeting the

3 standards issued under section 1003 of the Vio4 lent Crime Control and Law Enforcement Act

5 of 1993.’’.

6 (c) AUTHORIZATION OF APPROPRIATION.—For each

7 of the fiscal years 1994 through 1998, there are author8 ized to be appropriated $10 million for grants to the states

9 for DNA analysis under section 1003 of this Act.

10 SEC. 1004. QUALITY ASSURANCE AND PROFICIENCY TEST11 ING STANDARDS.

12 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO13 FICIENCY TESTING STANDARDS.—(1) Not later than 180

14 days after the date of the enactment of this Act, the Direc15 tor of the Federal Bureau of Investigation shall appoint

16 an advisory board on DNA quality assurance methods.

17 The Director shall appoint members of the board from

18 among nominations proposed by the head of the National

19 Academy of Sciences and professional societies of crime

20 laboratory directors. The advisory board shall include as

21 members scientists from State and local forensic labora22 tories, molecular geneticists and population geneticists not

23 affiliated with a forensic laboratory, and a representative

24 from the National Institute of Standards and Technology.

25 The advisory board shall develop, and if appropriate, peri-
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1 odically revise, recommended standards for quality assur2 ance, including standards for testing the proficiency of fo3 rensic laboratories, and forensic analysts, in conducting

4 analyses of DNA.

5 (2) The Director of the Federal Bureau of Investiga6 tion, after taking into consideration such recommended

7 standards, shall issue (and revise from time to time)

8 standards for quality assurance, including standards for

9 testing the proficiency of forensic laboratories, and foren10 sic analysts, in conducting analyses of DNA.

11 (3) The standards described in paragraphs (1) and

12 (2) shall specify criteria for quality assurance and pro13 ficiency tests to be applied to the various types of DNA

14 analyses used by forensic laboratories. The standards shall

15 also include a system for grading proficiency testing per16 formance to determine whether a laboratory is performing

17 acceptably.

18 (4) Until such time as the advisory board has made

19 recommendations to the Director of the Federal Bureau

20 of Investigation and the Director has acted upon those

21 recommendations, the quality assurance guidelines adopt22 ed by the technical working group on DNA analysis meth23 ods shall be deemed the Director’s standards for purposes

24 of this section.
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1 (b) ADMINISTRATION OF THE ADVISORY BOARD.—

2 For administrative purposes, the advisory board appointed

3 under subsection (a) shall be considered an advisory board

4 to the Director of the Federal Bureau of Investigation.

5 Section 14 of the Federal Advisory Committee Act (5

6 U.S.C. App.) shall not apply with respect to the advisory

7 board appointed under subsection (a). The board shall

8 cease to exist on the date 5 years after the initial appoint9 ments are made to the board, unless the existence of the

10 board is extended by the Director of the Federal Bureau

11 of Investigation.

12 SEC. 1005. INDEX TO FACILITATE LAW ENFORCEMENT EX13 CHANGE OF DNA IDENTIFICATION INFORMA14 TION.

15 (a) The Director of the Federal Bureau of Investiga16 tion may establish an index of—

17 (1) DNA identification records of persons con18 victed of crimes;

19 (2) analyses of DNA samples recovered from

20 crime scenes; and

21 (3) analyses of DNA samples recovered from

22 unidentified human remains.

23 (b) Such index may include only information on DNA

24 identification records and DNA analyses that are—
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1 (1) based on analyses performed in accordance

2 with publicly available standards that satisfy or ex3 ceed the guidelines for a quality assurance program

4 for DNA analysis, issued by the Director of the Fed5 eral Bureau of Investigation under section 1004 of

6 this subtitle;

7 (2) prepared by laboratories, and DNA ana8 lysts, that undergo, at regular intervals of not to ex9 ceed 180 days, external proficiency testing by a

10 DNA proficiency testing program meeting the stand11 ards issued under section 1004 of this subtitle; and

12 (3) maintained by Federal, State, and local

13 criminal justice agencies pursuant to rules that allow

14 disclosure of stored DNA samples and DNA analy15 ses only—

16 (A) to criminal justice agencies for law en17 forcement identification purposes;

18 (B) for criminal defense purposes, to a de19 fendant, who shall have access to samples and

20 analyses performed in connection with the case

21 in which such defendant is charged; or

22 (C) if personally identifiable information is

23 removed, for a population statistics database,

24 for identification research and protocol develop25 ment purposes, or for quality control purposes.
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1 (c) The exchange of records authorized by this section

2 is subject to cancellation if the quality control and privacy

3 requirements described in subsection (b) of this section are

4 not met.

5 SEC. 1006. FEDERAL BUREAU OF INVESTIGATION.

6 (a) PROFICIENCY TESTING REQUIREMENTS.—

7 (1) GENERALLY.—Personnel at the Federal

8 Bureau of Investigation who perform DNA analyses

9 shall undergo, at regular intervals of not to exceed

10 180 days, external proficiency testing by a DNA

11 proficiency testing program meeting the standards

12 issued under section 1004(b). Within one year of the

13 date of enactment of this Act, the Director of the

14 Federal Bureau of Investigation shall arrange for

15 periodic blind external tests to determine the pro16 ficiency of DNA analysis performed at the Federal

17 Bureau of Investigation laboratory. As used in this

18 paragraph, the term ‘‘blind external test’’ means a

19 test that is presented to the laboratory through a

20 second agency and appears to the analysts to involve

21 routine evidence.

22 (2) REPORT.—For five years after the date of

23 enactment of this Act, the Director of the Federal

24 Bureau of Investigation shall submit to the Commit25 tees on the Judiciary of the House and Senate an
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1 annual report on the results of each of the tests re2 ferred to in paragraph (1).

3 (b) PRIVACY PROTECTION STANDARDS.—

4 (1) GENERALLY.—Except as provided in para5 graph (2), the results of DNA tests performed for

6 a Federal law enforcement agency for law enforce7 ment purposes may be disclosed only—

8 (A) to criminal justice agencies for law en9 forcement identification purposes; or

10 (B) for criminal defense purposes, to a de11 fendant, who shall have access to samples and

12 analyses performed in connection with the case

13 in which such defendant is charged.

14 (2) EXCEPTION.—If personally identifiable in15 formation is removed, test results may be disclosed

16 for a population statistics database, for identification

17 research and protocol development purposes, or for

18 quality control purposes.

19 (c) CRIMINAL PENALTY.—(1) Whoever—

20 (A) by virtue of employment or official position,

21 has possession of, or access to, individually identifi22 able DNA information indexed in a database created

23 or maintained by any Federal law enforcement agen24 cy; and
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1 (B) willfully discloses such information in any

2 manner to any person or agency not entitled to re3 ceive it;

4 shall be fined not more than $100,000.

5 (2) Whoever, without authorization, willfully obtains

6 DNA samples or individually identifiable DNA informa7 tion indexed in a database created or maintained by any

8 Federal law enforcement agency shall be fined not more

9 than $100,000.

10 SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated to the Fed12 eral Bureau of Investigation $4,500,000 for each of fiscal

13 years 1994 through 1998 to carry out sections 1004,

14 1005, and 1006 of this Act.

15 Subtitle C—Department of Justice

16 Community Substance Abuse

17 Prevention

18 SEC. 1008. COMMUNITY PARTNERSHIPS.

19 Part E of title I of the Omnibus Crime Control and

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

21 amended by adding at the end thereof the following:

22 ‘‘Subpart 4—Community Coalitions on Substance Abuse

23 ‘‘GRANTS TO COMBAT SUBSTANCE ABUSE

24 ‘‘SEC. 531. (a) DEFINITION.—As used in this section,

25 the term ‘eligible coalition’ means an association, consist-
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1 ing of at least seven organizations, agencies, and individ2 uals that are concerned about preventing substance abuse,

3 that shall include—

4 ‘‘(1) public and private organizations and agen5 cies that represent law enforcement, schools, health

6 and social service agencies, and community-based or7 ganizations; and

8 ‘‘(2) representatives of 3 of the following

9 groups: the clergy, academia, business, parents,

10 youth, the media, civic and fraternal groups, or

11 other nongovernmental interested parties.

12 ‘‘(b) GRANT PROGRAM.—The Attorney General, act13 ing through the Director of the Bureau of Justice Assist14 ance, and the appropriate State agency, may make grants

15 to eligible coalitions in order to—

16 ‘‘(1) plan and implement comprehensive long17 term strategies for substance abuse prevention;

18 ‘‘(2) develop a detailed assessment of existing

19 substance abuse prevention programs and activities

20 to determine community resources and to identify

21 major gaps and barriers in such programs and ac22 tivities;

23 ‘‘(3) identify and solicit funding sources to en24 able such programs and activities to become self-sus25 taining;
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1 ‘‘(4) develop a consensus regarding the prior2 ities of a community concerning substance abuse;

3 ‘‘(5) develop a plan to implement such prior4 ities; and

5 ‘‘(6) coordinate substance abuse services and

6 activities, including prevention activities in the

7 schools or communities and substance abuse treat8 ment programs.

9 ‘‘(c) COMMUNITY PARTICIPATION.—In developing

10 and implementing a substance abuse prevention program,

11 a coalition receiving funds under subsection (b) shall—

12 ‘‘(1) emphasize and encourage substantial vol13 untary participation in the community, especially

14 among individuals involved with youth such as teach15 ers, coaches, parents, and clergy; and

16 ‘‘(2) emphasize and encourage the involvement

17 of businesses, civic groups, and other community or18 ganizations and members.

19 ‘‘(d) APPLICATION.—An eligible coalition shall sub20 mit an application to the Attorney General and the appro21 priate State agency in order to receive a grant under this

22 section. Such application shall—

23 ‘‘(1) describe and, to the extent possible, docu24 ment the nature and extent of the substance abuse

25 problem, emphasizing who is at risk and specifying
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1 which groups of individuals should be targeted for

2 prevention and intervention;

3 ‘‘(2) describe the activities needing financial as4 sistance;

5 ‘‘(3) identify participating agencies, organiza6 tions, and individuals;

7 ‘‘(4) identify the agency, organization, or indi8 vidual that has responsibility for leading the coali9 tion, and provide assurances that such agency, orga10 nization or individual has previous substance abuse

11 prevention experience;

12 ‘‘(5) describe a mechanism to evaluate the suc13 cess of the coalition in developing and carrying out

14 the substance abuse prevention plan referred to in

15 subsection (b)(5) and to report on such plan to the

16 Attorney General on an annual basis; and

17 ‘‘(6) contain such additional information and

18 assurances as the Attorney General and the appro19 priate State agency may prescribe.

20 ‘‘(e) PRIORITY.—In awarding grants under this sec21 tion, the Attorney General and the appropriate State

22 agency shall give priority to a community that—

23 ‘‘(1) provides evidence of significant substance

24 abuse;
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1 ‘‘(2) proposes a comprehensive and multifaceted

2 approach to eliminating substance abuse;

3 ‘‘(3) encourages the involvement of businesses

4 and community leaders in substance abuse preven5 tion activities;

6 ‘‘(4) demonstrates a commitment and a high

7 priority for preventing substance abuse; and

8 ‘‘(5) demonstrates support from the community

9 and State and local agencies for efforts to eliminate

10 substance abuse.

11 ‘‘(f) REVIEW.—Each coalition receiving money pursu12 ant to the provisions of this section shall submit an annual

13 report to the Attorney General, and the appropriate State

14 agency, evaluating the effectiveness of the plan described

15 in subsection (b)(5) and containing such additional infor16 mation as the Attorney General, or the appropriate State

17 agency, may prescribe. The Attorney General, in conjunc18 tion with the Director of the Bureau of Justice Assistance,

19 and the appropriate State agency, shall submit an annual

20 review to the Committee on the Judiciary of the Senate

21 and the Committee on the Judiciary of the House of Rep22 resentatives. Such review shall—

23 ‘‘(1) evaluate the grant program established in

24 this section to determine its effectiveness;
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1 ‘‘(2) implement necessary changes to the pro2 gram that can be done by the Attorney General; and

3 ‘‘(3) recommend any statutory changes that are

4 necessary.

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out the provi7 sions of this section, $15,000,000 for fiscal year 1994,

8 $20,000,000 for fiscal year 1995, and $25,000,000 for fis9 cal year 1996.’’.

10 (c) AMENDMENT TO TABLE OF SECTIONS.—The

11 table of sections of title I of the Omnibus Crime Control

12 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

13 is amended by adding at the end thereof the following:

‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE

‘‘Sec. 531. Grants to combat substance abuse.’’.

14 Subtitle D—Drug Testing of

15 Arrested Individuals

16 SEC. 1009. DRUG TESTING UPON ARREST.

17 (a) IN GENERAL.—Title I of the Omnibus Crime

18 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

19 et seq.), is amended—

20 (1) by redesignating part U as part V;

21 (2) by redesignating section 2101 as section

22 2201; and

23 (3) by inserting after part T the following:
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1 ‘‘PART U—GRANTS FOR DRUG TESTING UPON

2 ARREST

3 ‘‘SEC. 2101. GRANT AUTHORIZATION.

4 ‘‘The Director of the Bureau of Justice Assistance

5 is authorized to make grants under this part to States,

6 for the use by States and units of local government in

7 the States, for the purpose of developing, implementing,

8 or continuing a drug testing project when individuals are

9 arrested and during the pretrial period.

10 ‘‘SEC. 2102. STATE APPLICATIONS.

11 ‘‘(a) GENERAL REQUIREMENTS.—To request a grant

12 under this part the chief executive of a State shall submit

13 an application to the Director in such form and containing

14 such information as the Director may reasonably require.

15 ‘‘(b) MANDATORY ASSURANCES.—To be eligible to

16 receive funds under this part, a State must agree to de17 velop or maintain programs of urinalysis or similar drug

18 testing of individuals upon arrest and on a regular basis

19 pending trial for the purpose of making pretrial detention

20 decisions.

21 ‘‘(c) CENTRAL OFFICE.—The office designated under

22 section 507 of title I of the Omnibus Crime Control and

23 Safe Streets Act of 1968 (42 U.S.C. 3757)—

24 ‘‘(1) shall prepare the application as required

25 under subsection (a); and
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1 ‘‘(2) shall administer grant funds received

2 under this part, including, review of spending, proc3 essing, progress, financial reporting, technical assist4 ance, grant adjustments, accounting, auditing, and

5 fund disbursement.

6 ‘‘SEC. 2103. LOCAL APPLICATIONS.

7 ‘‘(a) IN GENERAL.—(1) To request funds under this

8 part from a State, the chief executive of a unit of local

9 government shall submit an application to the office des10 ignated under section 2102(c) of the Violent Crime Con11 trol and Law Enforcement Act of 1993.

12 ‘‘(2) Such application shall be considered approved,

13 in whole or in part, by the State not later than 90 days

14 after such application is first received unless the State in15 forms the applicant in writing of specific reasons for dis16 approval.

17 ‘‘(3) The State shall not disapprove any application

18 submitted to the State without first affording the appli19 cant reasonable notice and an opportunity for reconsider20 ation.

21 ‘‘(4) If such application is approved, the unit of local

22 government is eligible to receive such funds.

23 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN24 MENT.—A State that receives funds under section 2101

25 of the Violent Crime Control and Law Enforcement Act
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1 of 1993 in a fiscal year shall make such funds available

2 to units of local government with an application that has

3 been submitted and approved by the State within 90 days

4 after the Bureau has approved the application submitted

5 by the State and has made funds available to the State.

6 The Director shall have the authority to waive the 90-day

7 requirement in this section upon a finding that the State

8 is unable to satisfy such requirement under State statutes.

9 ‘‘SEC. 2104. ALLOCATION AND DISTRIBUTION OF FUNDS.

10 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap11 propriated under this part in any fiscal year—

12 ‘‘(1) 0.4 percent shall be allocated to each of

13 the participating States; and

14 ‘‘(2) of the total funds remaining after the allo15 cation under paragraph (1), there shall be allocated

16 to each of the participating States an amount which

17 bears the same ratio to the amount of remaining

18 funds described in this paragraph as the number of

19 individuals arrested in such State bears to the num20 ber of individuals arrested in all the participating

21 States.

22 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re23 ceives funds under this part in a fiscal year shall distribute

24 to units of local government in such State that portion

25 of such funds which bears the same ratio to the aggregate
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1 amount of such funds as the amount of funds expended

2 by all units of local government for criminal justice in the

3 preceding fiscal year bears to the aggregate amount of

4 funds expended by the State and all units of local govern5 ment in such State for criminal justice in such preceding

6 fiscal year.

7 ‘‘(2) Any funds not distributed to units of local gov8 ernment under paragraph (1) shall be available for ex9 penditure by such State for purposes specified in such

10 State’s application.

11 ‘‘(3) If the Director determines, on the basis of infor12 mation available during any fiscal year, that a portion of

13 the funds allocated to a State for such fiscal year will not

14 be used by such State or that a State is not eligible to

15 receive funds under section 2101 of the Violent Crime

16 Control and Law Enforcement Act of 1993, the Director

17 shall award such funds to units of local government in

18 such State giving priority to the units of local government

19 that the Director considers to have the greatest need.

20 ‘‘(c) FEDERAL SHARE.—The Federal share of a

21 grant made under this part may not exceed 75 percent

22 of the total costs of the projects described in the applica23 tion submitted under section 2102 of the Violent Crime

24 Control and Law Enforcement Act of 1993 for the fiscal
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1 year for which the projects receive assistance under this

2 part.

3 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director

4 shall attempt, to the extent practicable, to achieve an equi5 table geographic distribution of grant awards.

6 ‘‘SEC. 2105. 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) CONFORMING AMENDMENT.—The table of con13 tents of title I of the Omnibus Crime Control and Safe

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

15 by striking the matter relating to part U and inserting

16 the following:

‘‘PART U—DRUG TESTING FOR INDIVIDUALS ARRESTED

‘‘Sec. 2101. Grant authorization.

‘‘Sec. 2102. State applications.

‘‘Sec. 2103. Local applications.

‘‘Sec. 2104. Allocation and distribution of funds.

‘‘Sec. 2105. Report.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.

17 SEC. 1010. AUTHORIZATION OF APPROPRIATIONS.

18 Section 1001(a) of the Omnibus Crime Control and

19 Safe Streets Act of 1968 (42 U.S.C. 3793), is amended

20 by adding after paragraph (14) the following:
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1 ‘‘(15) There are authorized to be appropriated

2 $100,000,000 for the fiscal years 1994, 1995, and 1996

3 to carry out the projects under part U.’’.

4 Subtitle E—Racial and Ethnic Bias

5 Study Grants

6 SEC. 1011. STUDY GRANTS.

7 (a) AUTHORIZATION OF GRANT PROGRAM.—

8 (1) IN GENERAL.—The Attorney General,

9 through the Bureau of Justice Assistance, is author10 ized to make grants to States that have established

11 by State law or by the court of last resort a plan

12 for analyzing the role of race in that State’s criminal

13 justice system. Such plan shall include recommenda14 tions designed to correct any findings that racial and

15 ethnic bias plays such a role.

16 (2) CRITERIA FOR GRANTS.—Grants under this

17 subsection shall be awarded based upon criteria es18 tablished by the Attorney General. In establishing

19 the criteria, the Attorney General shall take into

20 consideration the population of the respective States,

21 the racial and ethnic composition of the population

22 of the States, and the crime rates of the States.

23 (3) REPORTS BY STATES.—Recipients of grants

24 under this subsection shall report the findings and

25 recommendations of studies funded by grants under
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1 this subsection to the Committees on the Judiciary

2 of the Senate and the House of Representatives

3 within reasonable time limits established by the At4 torney General.

5 (4) REIMBURSEMENT OF STATES.—Grants may

6 be made to reimburse States for work started prior

7 to the date of enactment of this Act.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated $2,000,000 for each of

10 the fiscal years 1994, 1995, 1996, 1997, and 1998 to

11 carry out the provisions of this section.

12 TITLE XI—PROVISIONS

13 RELATING TO POLICE OFFICERS

14 Subtitle A—Law Enforcement

15 Family Support

16 SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

17 Title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amend19 ed—

20 (1) by redesignating part V as part W;

21 (2) by redesignating section 2201 as 2301; and

22 (3) by inserting after part U the following:

23 ‘‘PART V—FAMILY SUPPORT

24 ‘‘SEC. 2201. DUTIES OF DIRECTOR.

25 ‘‘The Director shall—
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1 ‘‘(1) establish guidelines and oversee the imple2 mentation of family-friendly policies within law en3 forcement-related offices and divisions in the De4 partment of Justice;

5 ‘‘(2) study the effects of stress on law enforce6 ment personnel and family well-being and dissemi7 nate the findings of such studies to Federal, State,

8 and local law enforcement agencies, related organi9 zations, and other interested parties;

10 ‘‘(3) identify and evaluate model programs that

11 provide support services to law enforcement person12 nel and families;

13 ‘‘(4) provide technical assistance and training

14 programs to develop stress reduction and family sup15 port to State and local law enforcement agencies;

16 ‘‘(5) collect and disseminate information re17 garding family support, stress reduction, and psy18 chological services to Federal, State, and local law

19 enforcement agencies, law enforcement-related orga20 nizations, and other interested entities; and

21 ‘‘(6) determine issues to be researched by the

22 Bureau and by grant recipients.

23 ‘‘SEC. 2202. GENERAL AUTHORIZATION.

24 ‘‘The Director is authorized to make grants to States

25 and local law enforcement agencies and to organizations
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1 representing State and local law enforcement personnel to

2 provide family support services to law enforcement person3 nel.

4 ‘‘SEC. 2203. USES OF FUNDS.

5 ‘‘(a) IN GENERAL.—A State or local law enforcement

6 agency or organization that receives a grant under this

7 part shall use amounts provided under the grant to estab8 lish or improve training and support programs for law en9 forcement personnel.

10 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

11 agency or organization that receives funds under this part

12 shall provide at least one of the following services:

13 ‘‘(1) Counseling for law enforcement family

14 members.

15 ‘‘(2) Child care on a 24-hour basis.

16 ‘‘(3) Marital and adolescent support groups.

17 ‘‘(4) Stress reduction programs.

18 ‘‘(5) Stress education for law enforcement re19 cruits and families.

20 ‘‘(6) Technical assistance and training pro21 grams to support any or all of the services listed in

22 (1) through (5).

23 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement

24 agency or organization that receives funds under this part

25 may provide the following services:
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1 ‘‘(1) Post-shooting debriefing for officers and

2 their spouses.

3 ‘‘(2) Group therapy.

4 ‘‘(3) Hypertension clinics.

5 ‘‘(4) Critical incident response on a 24-hour

6 basis.

7 ‘‘(5) Law enforcement family crisis telephone

8 services on a 24-hour basis.

9 ‘‘(6) Counseling for law enforcement personnel

10 exposed to the human immunodeficiency virus.

11 ‘‘(7) Counseling for peers.

12 ‘‘(8) Counseling for families of personnel killed

13 in the line of duty.

14 ‘‘(9) Seminars regarding alcohol, drug use,

15 gambling, and overeating.

16 ‘‘(10) Technical assistance and training to sup17 port any or all of the services listed in (1) through

18 (9).

19 ‘‘SEC. 2204. APPLICATIONS.

20 ‘‘A law enforcement agency or organization desiring

21 to receive a grant under this part shall submit to the Di22 rector an application at such time, in such manner, and

23 containing or accompanied by such information as the Di24 rector may reasonably require. Such application shall—
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1 ‘‘(1) certify that the law enforcement agency or

2 organization shall match all Federal funds with an

3 equal amount of cash or in-kind goods or services

4 from other non-Federal sources;

5 ‘‘(2) include a statement from the highest rank6 ing law enforcement official from the State or local7 ity or from the highest ranking official of the organi8 zation applying for the grant that attests to the need

9 and intended use of services to be provided with

10 grant funds; and

11 ‘‘(3) assure that the Director or the Comptrol12 ler General of the United States shall have access to

13 all records related to the receipt and use of grant

14 funds received under this part.

15 ‘‘SEC. 2205. AWARD OF GRANTS; LIMITATION.

16 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

17 under this part, the Director shall assure an equitable dis18 tribution of assistance among the States, among urban

19 and rural areas of the United States, and among urban

20 and rural areas of a State.

21 ‘‘(b) DURATION.—The Director may award a grant

22 each fiscal year, not to exceed $100,000 to a State or local

23 law enforcement agency or organization for a period not

24 to exceed 5 years. In any application from a State or local

25 law enforcement agency or organization for a grant to con-
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1 tinue a program for the second, third, fourth, or fifth fis2 cal year following the first fiscal year in which a grant

3 was awarded to such agency, the Director shall review the

4 progress made toward meeting the objectives of the pro5 gram. The Director may refuse to award a grant if the

6 Director finds sufficient progress has not been made to7 ward meeting such objectives, but only after affording the

8 applicant notice and an opportunity for reconsideration.

9 ‘‘(c) LIMITATION.—Not more than 10 percent of

10 grant funds received by a State or a local law enforcement

11 agency or organization may be used for administrative

12 purposes.

13 ‘‘SEC. 2206. DISCRETIONARY RESEARCH GRANTS.

14 ‘‘The Director may reserve 10 percent of funds to

15 award research grants to a State or local law enforcement

16 agency or organization to study issues of importance in

17 the law enforcement field as determined by the Director.

18 ‘‘SEC. 2207. REPORTS.

19 ‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State

20 or local law enforcement agency or organization that re21 ceives a grant under this part shall submit to the Director

22 an annual report that includes—

23 ‘‘(1) program descriptions;

24 ‘‘(2) the number of staff employed to admin25 ister programs;
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1 ‘‘(3) the number of individuals who participated

2 in programs; and

3 ‘‘(4) an evaluation of the effectiveness of grant

4 programs.

5 ‘‘(b) REPORT FROM DIRECTOR.—(1) The Director

6 shall submit to the Committees on the Judiciary of the

7 Senate and the House of Representatives a report not

8 later than March 31 of each fiscal year.

9 ‘‘(2) Such report shall contain—

10 ‘‘(A) a description of the types of projects de11 veloped or improved through funds received under

12 this part;

13 ‘‘(B) a description of exemplary projects and

14 activities developed;

15 ‘‘(C) a designation of the family relationship to

16 the law enforcement personnel of individuals served;

17 and

18 ‘‘(D) the number of individuals served in each

19 location and throughout the country.

20 ‘‘SEC. 2208. DEFINITIONS.

21 ‘‘For purposes of this part—

22 ‘‘(1) the term ‘family-friendly policy’ means a

23 policy to promote or improve the morale and well

24 being of law enforcement personnel and their fami25 lies; and
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1 ‘‘(2) the term ‘law enforcement personnel’

2 means individuals employed by Federal, State, and

3 local law enforcement agencies.’’.

4 (b) CONFORMING AMENDMENT.—The table of con5 tents of title I of the Omnibus Crime Control and Safe

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

7 by striking the matter relating to part V and inserting

8 the following:

‘‘PART V—FAMILY SUPPORT

‘‘Sec. 2201. Duties of director.

‘‘Sec. 2202. General authorization.

‘‘Sec. 2203. Uses of funds.

‘‘Sec. 2204. Applications.

‘‘Sec. 2205. Award of grants; limitation.

‘‘Sec. 2206. Discretionary research grants.

‘‘Sec. 2207. Reports.

‘‘Sec. 2208. Definitions.

‘‘PART W—TRANSITION; EFFECTIVE DATE; REPEALS

‘‘Sec. 2301. Continuation of rules, authorities, and privileges.’’.

9 SEC. 1102. AUTHORIZATION OF APPROPRIATIONS.

10 Section 1001(a) of the Omnibus Crime Control and

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

12 amended by section 1199 of this Act, is amended by add13 ing after paragraph (15) the following:

14 ‘‘(16) There are authorized to be appropriated

15 $5,000,000 for each of the fiscal years 1994, 1995, 1996,

16 1997, and 1998. Not more than 20 percent of such funds

17 may be used to accomplish the duties of the Director

18 under section 2201 in part V of this Act, including admin19 istrative costs, research, and training programs.’’.
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1 Subtitle B—Police Pattern or

2 Practice

3 SEC. 1103. PATTERN OR PRACTICE CASES; CAUSE OF AC4 TION.

5 Chapter 21 of title 42, United States Code, is amend6 ed by adding the following new section:

7 ‘‘SECTION 1998. PATTERN OR PRACTICE CASES.

8 ‘‘(a) UNLAWFUL CONDUCT.—It shall be unlawful for

9 any governmental authority, or any agent thereof, or any

10 person acting on behalf of a governmental authority, to

11 engage in a pattern or practice of conduct by law enforce12 ment officers that deprives persons of rights, privileges,

13 or immunities, secured or protected by the Constitution

14 or laws of the United States.

15 ‘‘(b) CIVIL ACTION BY ATTORNEY GENERAL.—

16 Whenever the Attorney General has reasonable cause to

17 believe that a violation of paragraph (1) has occurred, the

18 Attorney General, for or in the name of the United States,

19 may in a civil action obtain appropriate equitable and de20 claratory relief to eliminate the pattern or practice.’’.

21 SEC. 1104. DATA ON USE OF EXCESSIVE FORCE.

22 (a) ATTORNEY GENERAL TO COLLECT.—The Attor23 ney General shall, through the victimization surveys con24 ducted by the Bureau of Justice Statistics, acquire data
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1 about the use of excessive force by law enforcement offi2 cers.

3 (b) LIMITATION ON USE OF DATA.—Data acquired

4 under this section shall be used only for research or statis5 tical purposes and may not contain any information that

6 may reveal the identity of the victim or any law enforce7 ment officer.

8 (c) ANNUAL SUMMARY.—The Attorney General shall

9 publish an annual summary of the data acquired under

10 this section.

11 Subtitle C—Police Corps and Law

12 Enforcement Officers Scholar13 ship Programs

14 SEC. 1105. PURPOSES.

15 The purposes of this subtitle are to—

16 (1) address violent crime by increasing the

17 number of police with advanced education and train18 ing on community patrol;

19 (2) provide educational assistance to law en20 forcement personnel and to students who possess a

21 sincere interest in public service in the form of law

22 enforcement; and

23 (3) assist State and local law enforcement ef24 forts to enhance the educational status of law en25 forcement personnel both through increasing the
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1 educational level of existing officers and by recruit2 ing more highly educated officers.

3 CHAPTER 1—COMMUNITY POLICE CORPS

4 INITIATIVES

5 SEC. 1106. STATEMENT OF PURPOSES.

6 The purposes of this Chapter are to support and en7 courage State and locally based police corps programs

8 which provide educational assistance and job placement

9 for police recruits in community-oriented policing, and to

10 support and encourage scholarship programs for in-service

11 officers related to community-oriented policing.

12 SEC. 1107. DEFINITIONS.

13 As used in this Chapter—

14 (1) ‘‘educational institution’’ means an institu15 tion of postsecondary education having a program

16 whose regular duration is not less than 2 years and

17 not more than 4 years, or a combination of such in18 stitutions that enter into a partnership with a juris19 diction under section 1109 of the Violent Crime

20 Control and Law Enforcement Act of 1993;

21 (2) ‘‘jurisdiction’’ means a State or local law

22 enforcement agency or a State or local government,

23 or a combination of such agencies or governments

24 that enter into a partnership with an educational in-
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1 stitution under section 1109 of the Violent Crime

2 Control and Law Enforcement Act of 1993; and

3 (3) ‘‘partnership’’ means a cooperative arrange4 ment of an educational institution and a jurisdiction

5 for the purpose of operating a Community Police

6 Corps Program.

7 SEC. 1108. AUTHORIZATION OF PROGRAM.

8 (a) GRANTS.—The Attorney General may make

9 grants to educational institutions for the support of Com10 munity Police Corps Programs as described in this Chap11 ter. The duration of a grant under this section shall not

12 exceed 5 years. Grants that have a duration that is less

13 than 5 years may be renewed by the Attorney General if

14 the aggregate duration of grants for a particular Commu15 nity Police Corps Program does not exceed 5 years. A

16 maximum of 10 Community Police Corps Programs may

17 receive funding under this section at any time.

18 (b) GEOGRAPHIC DISTRIBUTION.—The Attorney

19 General shall attempt, to the extent practicable, to achieve

20 an equitable geographic distribution of grant awards.

21 (c) SCHOLARSHIPS.—Grants provided to educational

22 institutions under this section shall be used to provide

23 scholarships of not more than $5,000 annually to a partic24 ipant in Community Police Corps Programs. Scholarships

25 may be provided for the full duration of the institution’s
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1 educational program or for any shorter period, but the ag2 gregate amount provided to any participant shall not ex3 ceed $5,000 times the number of years in the institution’s

4 regular program.

5 (d) UTILIZATION OF DEPARTMENT OF JUSTICE OF6 FICES AND SERVICES.—The Attorney General may utilize

7 any office or service of the Department of Justice in carry8 ing out this Chapter.

9 SEC. 1109. PARTNERSHIPS OF EDUCATIONAL INSTITUTIONS

10 AND JURISDICTIONS.

11 (a) FORMATION OF PARTNERSHIPS.—All Community

12 Police Corps Programs funded under this Chapter shall

13 be operated by partnerships that include an educational

14 institution and a jurisdiction. The partnership shall pub15 licize the availability of scholarships under the Community

16 Police Corps Program and shall carry out the specific re17 sponsibilities set out in subsections (b), (c), (d), and (e).

18 (b) RESPONSIBILITIES OF EDUCATIONAL INSTITU19 TION.—The educational institution in a partnership shall

20 be responsible for—

21 (1) determining degree requirements, or devis22 ing an educational curriculum, or both, in consulta23 tion with the jurisdiction in the partnership, for par24 ticipants in the Community Police Corps Program,

25 which shall include instruction that helps to prepare
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1 the participants for work in community-oriented po2 licing; and

3 (2) evaluating the educational and academic fit4 ness of applicants for participation in the Program,

5 and selecting applicants for participation with the

6 concurrence of the jurisdiction in the partnership.

7 (c) RESPONSIBILITIES OF JURISDICTION.—The juris8 diction in a partnership shall be responsible for—

9 (1) evaluating the fitness of applicants for fu10 ture police work, and selecting applicants for partici11 pation with the concurrence of the educational insti12 tution in the partnership;

13 (2) providing work study and training opportu14 nities for participants during the educational period;

15 (3) providing any additional necessary training,

16 and hiring as law enforcement officers all partici17 pants who have successfully completed the edu18 cational program and any work study or training re19 quirements, and who otherwise meet minimum quali20 fication and fitness standards for available positions;

21 and

22 (4) utilizing such participants to help imple23 ment community-oriented policing for a period of at

24 least 4 years.
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1 (d) APPLICATION AND PLAN.—A partnership may

2 seek support for a Community Police Corps Program by

3 submitting an application to the Attorney General which

4 contains a plan for operating such a program. The plan

5 shall describe the discharge of the responsibilities set out

6 in this section, and shall address any other matters that

7 the Attorney General may prescribe. An application under

8 this subsection may be submitted in coordination with an

9 application submitted under section 1702 of the Omnibus

10 Crime Control and Safe Streets Act of 1968.

11 (e) MINIMUM ENROLLMENT REQUIREMENT.—A

12 qualifying plan must specify that at least 10 participants

13 will be enrolled in the Program. If scholarships are pro14 vided to participants in more than 1 educational class, not

15 less than 10 participants shall be enrolled in each such

16 class.

17 SEC. 1110. RESPONSIBILITIES OF PARTICIPANTS.

18 (a) CONDITIONS OF PARTICIPATION.—A person may

19 apply for participation in a Community Police Corps Pro20 gram by submitting an application in the form and man21 ner prescribed by the partnership that operates the Pro22 gram. By enrolling in the Program, a participant agrees

23 to—

24 (1) complete the educational component of the

25 Program, and any work study or training require-
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1 ments which are part of the Program, including sat2 isfaction of any performance or testing standards set

3 by the educational institution or the jurisdiction;

4 (2) accept employment by the jurisdiction as a

5 law enforcement officer; and

6 (3) remain in such employment for a period of

7 not less than 4 years without misconduct or deficits

8 in performance that warrant discharge or removal

9 from a position as a law enforcement officer under

10 the rules of the employing jurisdiction.

11 (b) VIOLATIONS OF CONDITIONS.—A participant who

12 fails to comply with the conditions set forth in subsection

13 (a) may be required to repay to the United States the

14 amount of any scholarship or scholarships provided under

15 this Chapter, together with interest at a fair rate specified

16 by the Attorney General. The Attorney General may allow

17 a participant to fulfill the employment requirement under

18 this Chapter, wholly or in part, through some other form

19 of public service of comparable duration, on a finding that

20 the participant’s inability to fulfill the employment re21 quirement is the result of disability or other good cause

22 for which the participant is not at fault.
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1 SEC. 1111. COMMUNITY POLICING SCHOLARSHIPS FOR IN2 SERVICE OFFICERS.

3 (a) GRANTS.—In addition to grants provided under

4 section 1108 of the Violent Crime Control and Law En5 forcement Act of 1993, the Attorney General may make

6 grants to educational institutions participating in partner7 ships with jurisdictions under section 1109 of the Violent

8 Crime Control and Law Enforcement Act of 1993 for pur9 poses of supporting study at the institution or in a related

10 post-graduate program by law enforcement officers who

11 are employed by the jurisdiction.

12 (b) SCHOLARSHIPS.—Grants provided to educational

13 institutions under this section shall be used to provide

14 scholarships to officers who are assigned or will be as15 signed to community-oriented policing, or who exercise or

16 will exercise a supervisory or training role in relation to

17 officers assigned to community-oriented policing. Scholar18 ships under this section shall be applied to support courses

19 of study that are relevant to community-oriented policing

20 or related supervisory or training functions.

21 (c) LIMITATIONS.—The amount of a scholarship

22 under this section may not exceed $5,000 annually for any

23 recipient, or an aggregate amount of $10,000 for any re24 cipient. The funding provided under this section shall not

25 exceed 10 percent of the total funding available under this

26 Chapter.
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1 (d) APPLICATION AND GRANT CONDITIONS.—A part2 nership that wishes to establish a scholarship program for

3 in-service officers under this section shall submit an appli4 cation to the Attorney General which may be combined

5 with an application seeking support for a Community Po6 lice Corps Program under section 1109(d) of the Violent

7 Crime Control and Law Enforcement Act of 1993. The

8 application and the conduct of programs funded under this

9 section shall conform to any requirements that may be

10 prescribed by the Attorney General.

11 SEC. 1112. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated not more

13 than $5,000,000 for each of the fiscal years 1994, 1995,

14 1996, 1997, and 1998 to carry out this Chapter.

15 SEC. 1113. REVIEW AND REPORT ON PROGRAM.

16 The grant authority created by this Chapter shall

17 lapse at the conclusion of 5 years from the date of enact18 ment of this Chapter. Prior to the expiration of the grant

19 authority under this Chapter, the Attorney General shall

20 submit a report to the Committees on the Judiciary of

21 the Senate and the House of Representatives concerning

22 the experience with and efficacy of the programs that have

23 received support under this Chapter.
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1 CHAPTER 2—LAW ENFORCEMENT

2 SCHOLARSHIP PROGRAM

3 SEC. 1114. DEFINITIONS.

4 As used in this Chapter—

5 (1) the term ‘‘Director’’ means the Director of

6 the Bureau of Justice Assistance;

7 (2) the term ‘‘educational expenses’’ means ex8 penses that are directly attributable to—

9 (A) a course of education leading to the

10 award of an associate degree;

11 (B) a course of education leading to the

12 award of a baccalaureate degree; or

13 (C) a course of graduate study following

14 award of a baccalaureate degree;

15 including the cost of tuition, fees, books, supplies,

16 and related expenses;

17 (3) the term ‘‘institution of higher education’’

18 has the same meaning given such term in section

19 1201(a) of the Higher Education Act of 1965;

20 (4) the term ‘‘law enforcement position’’ means

21 employment as an officer in a State or local police

22 force, or correctional institution; and

23 (5) the term ‘‘State’’ means a State of the

24 United States, the District of Columbia, the Com25 monwealth of Puerto Rico, the Virgin Islands of the
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1 United States, American Samoa, Guam, and the

2 Commonwealth of the Northern Mariana Islands.

3 SEC. 1115. ALLOTMENT.

4 From amounts appropriated pursuant to the author5 ity of section 1122 of the Violent Crime Control and Law

6 Enforcement Act of 1993, the Director shall allot—

7 (1) 80 percent of such funds to States on the

8 basis of the number of law enforcement officers in

9 each State compared to the number of law enforce10 ment officers in all States; and

11 (2) 20 percent of such funds to States on the

12 basis of the shortage of law enforcement personnel

13 and the need for assistance under this Chapter in

14 the State compared to the shortage of law enforce15 ment personnel and the need for assistance under

16 this Chapter in all States.

17 SEC. 1116. PROGRAM ESTABLISHED.

18 (a) USE OF ALLOTMENT.—

19 (1) IN GENERAL.—Each State receiving an al20 lotment pursuant to section 1115 of the Violent

21 Crime Control and Law Enforcement Act of 1993

22 shall use such allotment to pay the Federal share of

23 the costs of—
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1 (A) awarding scholarships to in-service law

2 enforcement personnel to enable such personnel

3 to seek further education; and

4 (B) providing—

5 (i) full-time employment in summer;

6 or

7 (ii) part-time (not to exceed 20 hours

8 per week) employment during a period not

9 to exceed one year.

10 (2) EMPLOYMENT.—The employment described

11 in subparagraph (B) of paragraph (1) shall be pro12 vided by State and local law enforcement agencies

13 for students who are juniors or seniors in high

14 school or are enrolled in an accredited institution of

15 higher education and who demonstrate an interest in

16 undertaking a career in law enforcement. Such em17 ployment shall not be in a law enforcement position.

18 Such employment shall consist of performing mean19 ingful tasks that inform such students of the nature

20 of the tasks performed by law enforcement agencies.

21 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

22 SHARE.—

23 (1) PAYMENTS.—The Director shall pay to each

24 State receiving an allotment under section 1115 of

25 the Violent Crime Control and Law Enforcement
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1 Act of 1993 the Federal share of the cost of the ac2 tivities described in the application submitted pursu3 ant to section 1119 of the Violent Crime Control

4 and Law Enforcement Act of 1993.

5 (2) FEDERAL SHARE.—The Federal share shall

6 not exceed 60 percent.

7 (3) NON-FEDERAL SHARE.—The non-Federal

8 share of the cost of scholarships and student em9 ployment provided under this Chapter shall be sup10 plied from sources other than the Federal Govern11 ment.

12 (c) LEAD AGENCY.—Each State receiving an allot13 ment under section 1115 of the Violent Crime Control and

14 Law Enforcement Act of 1993 shall designate an appro15 priate State agency to serve as the lead agency to conduct

16 a scholarship program, a student employment program, or

17 both in the State in accordance with this Chapter.

18 (d) RESPONSIBILITIES OF DIRECTOR.—The Director

19 shall be responsible for the administration of the programs

20 conducted pursuant to this Chapter and shall, in consulta21 tion with the Assistant Secretary for Postsecondary Edu22 cation, issue rules to implement this Chapter.

23 (e) ADMINISTRATIVE EXPENSES.—Each State receiv24 ing an allotment under section 1115 of the Violent Crime

25 Control and Law Enforcement Act of 1993 may reserve
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1 not more than 8 percent of such allotment for administra2 tive expenses.

3 (f) SPECIAL RULE.—Each State receiving an allot4 ment under section 1115 of the Violent Crime Control and

5 Law Enforcement Act of 1993 shall ensure that each

6 scholarship recipient under this Chapter be compensated

7 at the same rate of pay and benefits and enjoy the same

8 rights under applicable agreements with labor organiza9 tions and under State and local law as other law enforce10 ment personnel of the same rank and tenure in the office

11 of which the scholarship recipient is a member.

12 (g) SUPPLEMENTATION OF FUNDING.—Funds re13 ceived under this Chapter shall only be used to supple14 ment, and not to supplant, Federal, State, or local efforts

15 for recruitment and education of law enforcement person16 nel.

17 SEC. 1117. SCHOLARSHIPS.

18 (a) PERIOD OF AWARD.—Scholarships awarded

19 under this Chapter shall be for a period of one academic

20 year.

21 (b) USE OF SCHOLARSHIPS.—Each individual award22 ed a scholarship under this Chapter may use such scholar23 ship for educational expenses at any accredited institution

24 of higher education.
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1 SEC. 1118. ELIGIBILITY.

2 (a) SCHOLARSHIPS.—An individual shall be eligible

3 to receive a scholarship under this Chapter if such individ4 ual has been employed in law enforcement for the 2-year

5 period immediately preceding the date on which assistance

6 is sought.

7 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—

8 An individual who has been employed as a law enforce9 ment officer is ineligible to participate in a student em10 ployment program carried out under this Chapter.

11 SEC. 1119. STATE APPLICATION.

12 Each State desiring an allotment under section 1115

13 of the Violent Crime Control and Law Enforcement Act

14 of 1993 shall submit an application to the Director at such

15 time, in such manner, and accompanied by such informa16 tion as the Director may reasonably require. Each such

17 application shall—

18 (1) describe the scholarship program and the

19 student employment program for which assistance

20 under this Chapter is sought;

21 (2) contain assurances that the lead agency will

22 work in cooperation with the local law enforcement

23 liaisons, representatives of police labor organizations

24 and police management organizations, and other ap25 propriate State and local agencies to develop and im-
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1 plement interagency agreements designed to carry

2 out this Chapter;

3 (3) contain assurances that the State will ad4 vertise the scholarship assistance and student em5 ployment it will provide under this Chapter and that

6 the State will use such programs to enhance recruit7 ment efforts;

8 (4) contain assurances that the State will

9 screen and select law enforcement personnel for par10 ticipation in the scholarship program under this

11 Chapter;

12 (5) contain assurances that under such student

13 employment program the State will screen and se14 lect, for participation in such program, students who

15 have an interest in undertaking a career in law en16 forcement;

17 (6) contain assurances that under such scholar18 ship program the State will make scholarship pay19 ments to institutions of higher education on behalf

20 of individuals receiving scholarships under this

21 Chapter;

22 (7) with respect to such student employment

23 program, identify—

24 (A) the employment tasks students will be

25 assigned to perform;
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1 (B) the compensation students will be paid

2 to perform such tasks; and

3 (C) the training students will receive as

4 part of their participation in such program;

5 (8) identify model curriculum and existing pro6 grams designed to meet the educational and profes7 sional needs of law enforcement personnel; and

8 (9) contain assurances that the State will pro9 mote cooperative agreements with educational and

10 law enforcement agencies to enhance law enforce11 ment personnel recruitment efforts in institutions of

12 higher education.

13 SEC. 1120. LOCAL APPLICATION.

14 (a) IN GENERAL.—Each individual who desires a

15 scholarship or employment under this Chapter shall sub16 mit an application to the State at such time, in such man17 ner, and accompanied by such information as the State

18 may reasonably require. Each such application shall de19 scribe the academic courses for which a scholarship is

20 sought, or the location and duration of employment

21 sought, as appropriate.

22 (b) PRIORITY.—In awarding scholarships and provid23 ing student employment under this Chapter, each State

24 shall give priority to applications from individuals who

25 are—
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1 (1) members of racial, ethnic, or gender groups

2 whose representation in the law enforcement agen3 cies within the State is substantially less than in the

4 population eligible for employment in law enforce5 ment in the State;

6 (2) pursuing an undergraduate degree; and

7 (3) not receiving financial assistance under the

8 Higher Education Act of 1965.

9 SEC. 1121. SCHOLARSHIP AGREEMENT.

10 (a) IN GENERAL.—Each individual who receives a

11 scholarship under this Chapter shall enter into an agree12 ment with the Director.

13 (b) CONTENTS.—Each agreement described in sub14 section (a) shall—

15 (1) provide assurances that the individual will

16 work in a law enforcement position in the State

17 which awarded such individual the scholarship in ac18 cordance with the service obligation described in

19 subsection (c) after completion of such individual’s

20 academic courses leading to an associate, bachelor,

21 or graduate degree;

22 (2) provide assurances that the individual will

23 repay the entire scholarship awarded under this

24 Chapter in accordance with such terms and condi25 tions as the Director shall prescribe, in the event
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1 that the requirements of such agreement are not

2 complied with unless the individual—

3 (A) dies;

4 (B) becomes physically or emotionally dis5 abled, as established by the sworn affidavit of

6 a qualified physician; or

7 (C) has been discharged in bankruptcy;

8 and

9 (3) set forth the terms and conditions under

10 which an individual receiving a scholarship under

11 this Chapter may seek employment in the field of

12 law enforcement in a State other than the State

13 which awarded such individual the scholarship under

14 this Chapter.

15 (c) SERVICE OBLIGATION.—

16 (1) IN GENERAL.— Except as provided in para17 graph (2), each individual awarded a scholarship

18 under this Chapter shall work in a law enforcement

19 position in the State which awarded such individual

20 the scholarship for a period of one month for each

21 credit hour for which funds are received under such

22 scholarship.

23 (2) SPECIAL RULE.—For purposes of satisfying

24 the requirement specified in paragraph (1), each in25 dividual awarded a scholarship under this Chapter
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1 shall work in a law enforcement position in the State

2 which awarded such individual the scholarship for

3 not less than 6 months nor more than 2 years.

4 SEC. 1122. AUTHORIZATION OF APPROPRIATIONS.

5 (a) GENERAL AUTHORIZATION OF APPROPRIA6 TIONS.—There are authorized to be appropriated

7 $25,000,000 for each of the fiscal years 1994, 1995, 1996,

8 and 1997, to carry out this Chapter.

9 (b) USES OF FUNDS.—Of the funds appropriated

10 under subsection (a) for any fiscal year—

11 (1) 80 percent shall be available to provide

12 scholarships described in section 1116(a)(1)(A) of

13 the Violent Crime Control and Law Enforcement

14 Act of 1993; and

15 (2) 20 percent shall be available to provide em16 ployment described in sections 1116(a)(1)(B) and

17 1116(a)(2) of the Violent Crime Control and Law

18 Enforcement Act of 1993.

19 CHAPTER 3—REPORTS

20 SEC. 1123. REPORTS TO CONGRESS.

21 (a) ANNUAL REPORTS.—No later than April 1 of

22 each fiscal year, the Attorney General shall submit a re23 port to the the Committees on the Judiciary of the Senate

24 and the House of Representatives. Such report shall—
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1 (1) state the number of current and past par2 ticipants in the Police Corps program authorized by

3 Chapter 1, broken down according to the levels of

4 educational study in which they are engaged and

5 years of service they have served on police forces (in6 cluding service following completion of the 4-year

7 service obligation);

8 (2) describe the geographic, racial, and gender

9 dispersion of participants in the Police Corps pro10 gram;

11 (3) state the number of present and past schol12 arship recipients under Chapter 2, categorized ac13 cording to the levels of educational study in which

14 such recipients are engaged and the years of service

15 such recipients have served in law enforcement;

16 (4) describe the geographic, racial, and gender

17 dispersion of scholarship recipients under Chapter 2;

18 and

19 (5) describe the progress of the programs au20 thorized by this subtitle and make recommendations

21 for changes in the programs.

22 (b) SPECIAL REPORT.—Not later than 6 months

23 after the date of enactment of this Act, the Attorney Gen24 eral shall submit a report to the Committees on the Judici25 ary of the Senate and the House of Representatives con-
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1 taining a plan to expand the assistance provided under

2 Chapter 2 to Federal law enforcement officers. Such plan

3 shall contain information of the number and type of Fed4 eral law enforcement officers eligible for such assistance.

5 Subtitle D—Study Rights of Police

6 Officers

7 SEC. 1124. STUDY ON OFFICERS’ RIGHTS.

8 The Attorney General, through the National Institute

9 of Justice, shall conduct a study of the procedures followed

10 in internal, noncriminal investigations of State and local

11 law enforcement officers to determine if such investiga12 tions are conducted fairly and effectively. The study shall

13 examine the adequacy of the rights available to law en14 forcement officers and members of the public in cases in15 volving the performance of a law enforcement officer, in16 cluding—

17 (1) notice;

18 (2) conduct of questioning;

19 (3) counsel;

20 (4) hearings;

21 (5) appeal; and

22 (6) sanctions.

23 Not later than one year after the date of enactment of

24 this Act, the Attorney General shall submit to the Com25 mittees on the Judiciary of the Senate and the House of
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1 Representatives a report on the results of the study, along

2 with findings and recommendations on strategies to guar3 antee fair and effective internal affairs investigations.

4 TITLE XII—GRANT PROGRAM

5 FOR STATE PRISONS

6 SEC. 1201. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

7 FOR STATE PRISONERS.

8 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

9 FOR PRISONERS.—Title I of the Omnibus Crime Control

10 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

11 is amended—

12 (1) by redesignating part W as part X;

13 (2) by redesignating section 2301 as section

14 2401; and

15 (3) by inserting after part V the following:

16 ‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE

17 TREATMENT FOR STATE PRISONERS

18 ‘‘SEC. 2301. GRANT AUTHORIZATION.

19 ‘‘The Director of the Bureau of Justice Assistance

20 (referred to in this part as the ‘Director’) may make

21 grants under this part to States, for the use by States

22 and units of local government for the purpose of develop23 ing and implementing residential substance abuse treat24 ment programs within State correctional facilities, as well

25 as within local correctional facilities in which inmates are
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1 incarcerated for a period of time sufficient to permit sub2 stance abuse treatment.

3 ‘‘SEC. 2302. STATE APPLICATIONS.

4 ‘‘(a) IN GENERAL.—(1) To request a grant under

5 this part the chief executive of a State shall submit an

6 application to the Director in such form and containing

7 such information as the Director may reasonably require.

8 ‘‘(2) Such application shall include assurances that

9 Federal funds received under this part shall be used to

10 supplement, not supplant, non-Federal funds that would

11 otherwise be available for activities funded under this part.

12 ‘‘(3) Such application shall coordinate the design and

13 implementation of treatment programs between State cor14 rectional representatives and the State Alcohol and Drug

15 Abuse agency (and, if appropriate, between representa16 tives of local correctional agencies and representatives of

17 either the State alcohol and drug abuse agency or any ap18 propriate local alcohol and drug abuse agency).

19 ‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible

20 to receive funds under this part, a State must agree to

21 implement or continue to require urinalysis or similar test22 ing of individuals in correctional residential substance

23 abuse treatment programs. Such testing shall include indi24 viduals released from residential substance abuse treat25 ment programs who remain in the custody of the State.
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1 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH

2 AFTERCARE COMPONENT.—

3 ‘‘(1) To be eligible for a preference under this

4 part, a State must ensure that individuals who par5 ticipate in the drug treatment program established

6 or implemented with assistance provided under this

7 part will be provided with aftercare services.

8 ‘‘(2) State aftercare services must involve the

9 coordination of the prison treatment program with

10 other human service and rehabilitation programs,

11 such as educational and job training programs, pa12 role supervision programs, half-way house programs,

13 and participation in self-help and peer group pro14 grams, that may aid in the rehabilitation of individ15 uals in the drug treatment program.

16 ‘‘(3) To qualify as an aftercare program, the

17 head of the drug treatment program, in conjunction

18 with State and local authorities and organizations

19 involved in drug treatment, shall assist in placement

20 of drug treatment program participants with appro21 priate community drug treatment facilities when

22 such individuals leave prison at the end of a sen23 tence or on parole.
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1 ‘‘(d) STATE OFFICE.—The office designated under

2 section 507 of title I of the Omnibus Crime Control and

3 Safe Streets Act of 1968 (42 U.S.C. 3757)—

4 ‘‘(1) shall prepare the application as required

5 under section 2302 of the Violent Crime Control and

6 Law Enforcement Act of 1993; and

7 ‘‘(2) shall administer grant funds received

8 under this part, including, review of spending, proc9 essing, progress, financial reporting, technical assist10 ance, grant adjustments, accounting, auditing, and

11 fund disbursement.

12 ‘‘SEC. 2303. REVIEW OF STATE APPLICATIONS.

13 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

14 under section 2301 of the Violent Crime Control and Law

15 Enforcement Act of 1993 to carry out the projects de16 scribed in the application submitted under section 2302

17 of the Violent Crime Control and Law Enforcement Act

18 of 1993 upon determining that—

19 ‘‘(1) the application is consistent with the re20 quirements of this part; and

21 ‘‘(2) before the approval of the application the

22 Bureau has made an affirmative finding in writing

23 that the proposed project has been reviewed in ac24 cordance with this part.
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1 ‘‘(b) APPROVAL.—Each application submitted under

2 section 2302 of the Violent Crime Control and Law En3 forcement Act of 1993 shall be considered approved, in

4 whole or in part, by the Bureau not later than 45 days

5 after first received unless the Bureau informs the appli6 cant of specific reasons for disapproval.

7 ‘‘(c) RESTRICTION.—Grant funds received under this

8 part shall not be used for land acquisition or construction

9 projects.

10 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER11 ATION.—The Bureau shall not disapprove any application

12 without first affording the applicant reasonable notice and

13 an opportunity for reconsideration.

14 ‘‘SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.

15 ‘‘(a) ALLOCATION.—Of the total amount appro16 priated under this part in any fiscal year—

17 ‘‘(1) 0.4 percent shall be allocated to each of

18 the 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 which

22 bears the same ratio to the amount of remaining

23 funds described in this paragraph as the State pris24 on population of such State bears to the total prison

25 population of all the participating States.
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1 ‘‘(b) FEDERAL SHARE.—The Federal share of a

2 grant made under this part may not exceed 75 percent

3 of the total costs of the projects described in the applica4 tion submitted under section 2302 of the Violent Crime

5 Control and Law Enforcement Act of 1993 for the fiscal

6 year for which the projects receive assistance under this

7 part.

8 ‘‘SEC. 2305. EVALUATION.

9 ‘‘Each State that receives a grant under this part

10 shall submit to the Director an evaluation not later than

11 March 1 of each year in such form and containing such

12 information as the Director may reasonably require.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of title I of the Omnibus Crime Control and Safe

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

16 by striking the matter relating to part W and inserting

17 the following:

‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2301. Grant authorization.

‘‘Sec. 2302. State applications.

‘‘Sec. 2303. Review of State applications.

‘‘Sec. 2304. Allocation and distribution of funds.

‘‘Sec. 2305. Evaluation.

‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.

18 (c) DEFINITIONS.—Section 901(a) of the Omnibus

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C.
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1 3791(a)) is amended by adding after paragraph (25) the

2 following:

3 ‘‘(26) The term ‘residential substance abuse

4 treatment program’ means a course of individual

5 and group activities, lasting between 9 and 12

6 months, in residential treatment facilities set apart

7 from the general prison population—

8 ‘‘(A) directed at the substance abuse prob9 lems of the prisoner; and

10 ‘‘(B) intended to develop the prisoner’s

11 cognitive, behavioral, social, vocational, and

12 other skills so as to solve the prisoner’s sub13 stance abuse and related problems.’’.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

15 1001(a) of title I of the Omnibus Crime Control and Safe

16 Streets Act of 1968 (42 U.S.C. 3793), is amended by add17 ing after paragraph (16) the following:

18 ‘‘(17) There are authorized to be appropriated

19 $100,000,000 for each of the fiscal years 1994, 1995, and

20 1996 to carry out the projects under part W.’’.

21 TITLE XIII—FEDERAL PRISONS

22 Subtitle A—General

23 SEC. 1301. PRISONER’S PLACE OF IMPRISONMENT.

24 Paragraph (b) of section 3621 of title 18, United

25 States Code, is amended by inserting after subsection (5)
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1 the following: ‘‘However, the bureau may not consider the

2 social or economic status of the prisoner in designating

3 the place of the prisoner’s imprisonment.’’.

4 SEC. 1302. PRISON IMPACT ASSESSMENTS.

5 (a) IN GENERAL.—Chapter 303 of title 18, United

6 States Code, is amended by adding at the end the follow7 ing new section:

8 ‘‘§ 4047. Prison impact assessments

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

10 Executive branch which could increase or decrease the

11 number of persons incarcerated or in Federal penal insti12 tutions shall be accompanied by a prison impact state13 ment, as defined in subsection (b) of this section.

14 ‘‘(b) The Attorney General shall, in consultation with

15 the Sentencing Commission and the Administrative Office

16 of the United States Courts, prepare and furnish prison

17 impact assessments under subsection (c) of this section,

18 and in response to requests from Congress for information

19 relating to a pending measure or matter that might affect

20 the number of defendants processed through the Federal

21 criminal justice system. A prison impact assessment on

22 pending legislation must be supplied within 14 days of any

23 request. A prison impact assessment shall include—

24 ‘‘(1) projections of the impact on prison, proba25 tion, and post prison supervision populations;
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1 ‘‘(2) an estimate of the fiscal impact of such

2 population changes on Federal expenditures, includ3 ing those for construction and operation of correc4 tional facilities for the current fiscal year and 5 suc5 ceeding fiscal years;

6 ‘‘(3) an analysis of any other significant factor

7 affecting the cost of the measure and its impact on

8 the operations of components of the criminal justice

9 system; and

10 ‘‘(4) a statement of the methodologies and as11 sumptions utilized in preparing the assessment.

12 ‘‘(c) The Attorney General shall prepare and transmit

13 to the Committees on the Judiciary of the Senate and the

14 House of Representatives, by March 1 of each year, a pris15 on impact assessment reflecting the cumulative effect of

16 all relevant changes in the law taking effect during the

17 preceding calendar year.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 303 is amended by adding at

20 the end the following new item:

‘‘4047. Prison impact assessments.’’.

21 SEC. 1303. NOTIFICATION OF RELEASE OF PRISONERS.

22 Section 4042 of title 18, United States Code, is

23 amended—

24 (1) by striking ‘‘The Bureau’’ and inserting

25 ‘‘(a) IN GENERAL.—The Bureau’’;
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1 (2) by striking ‘‘This section’’ and inserting

2 ‘‘(c) Application of Section.—This section’’;

3 (3) in paragraph (4) of subsection (a), as des4 ignated by paragraph (1) of this subsection—

5 (A) by striking ‘‘Provide’’ and inserting

6 ‘‘provide’’; and

7 (B) by striking the period at the end and

8 inserting ‘‘; and’’;

9 (4) by inserting after paragraph (4) of sub10 section (a), as designated by paragraph (1) of this

11 subsection, the following new paragraph:

12 ‘‘(5) provide notice of release of prisoners in ac13 cordance with subsection (b).’’; and

14 (5) by inserting after subsection (a), as des15 ignated by paragraph (1) of this subsection, the fol16 lowing new subsection:

17 ‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Ex18 cept in the case of a prisoner being protected under chap19 ter 224, the Bureau of Prisons shall, at least 5 days prior

20 to the date on which a prisoner described in paragraph

21 (3) is to be released on supervised release, or, in the case

22 of a prisoner on supervised release, at least 5 days prior

23 to the date on which the prisoner changes residence to

24 a new jurisdiction, cause written notice of the release or

25 change of residence to be made to the chief law enforce-
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1 ment officer of the State and of the local jurisdiction in

2 which the prisoner will reside.

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

4 ‘‘(A) the prisoner’s name;

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

6 description of the offense of which the prisoner was

7 convicted; and

8 ‘‘(C) any restrictions on conduct or other condi9 tions to the release of the prisoner that are imposed

10 by law, the sentencing court, or the Bureau of Pris11 ons or any other Federal agency.

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

13 prisoner was convicted of—

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

15 defined in section 924(c)(2); or

16 ‘‘(B) a crime of violence, as that term is defined

17 in section 924(c)(3).

18 ‘‘(4) The notice provided under this section

19 shall be used solely for law enforcement purposes.’’.

20 SEC. 1304. APPLICATION TO PRISONERS TO WHICH PRIOR

21 LAW APPLIES.

22 In the case of a prisoner convicted of an offense com23 mitted prior to November 1, 1987, the reference to super24 vised release in section 4042(b) of title 18, United States
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1 Code, shall be deemed to be a reference to probation or

2 parole.

3 Subtitle B—Drug Testing

4 SEC. 1305. POST-CONVICTION RELEASE DRUG TESTING—

5 FEDERAL OFFENDERS.

6 (b) DRUG TESTING PROGRAM.—(1) Chapter 229 of

7 title 18, United States Code, is amended by adding at the

8 end the following new section:

9 ‘‘§ 3608. Drug testing of Federal offenders on post10 conviction release

11 ‘‘The Director of the Administrative Office of the

12 United States Courts, in consultation with the Attorney

13 General and the Secretary of Health and Human Services,

14 shall establish a program of drug testing of Federal of15 fenders on post-conviction release. The program shall in16 clude such standards and guidelines as the Director may

17 determine necessary to ensure the reliability and accuracy

18 of the drug testing programs. In each judicial district the

19 chief probation officer shall arrange for the drug testing

20 of defendants on post-conviction release pursuant to a con21 viction for a felony or other offense described in section

22 3563(a)(4) of this title.’’.

23 (2) The table of sections at the beginning of chapter

24 229 of title 18, United States Code, is amended by adding

25 at the end the following:

‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
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1 (c) CONDITIONS OF PROBATION.—Section 3563(a) of

2 title 18, United States Code, is amended—

3 (1) in paragraph (2) by striking ‘‘and’’ after

4 the semicolon;

5 (2) in paragraph (3) by striking the period and

6 inserting ‘‘; and’’;

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(4) for a felony, a misdemeanor, or an infrac10 tion, that the defendant refrain from any unlawful

11 use of a controlled substance and submit to one drug

12 test within 15 days of release on probation and at

13 least 2 periodic drug tests thereafter (as determined

14 by the court) for use of a controlled substance, but

15 the condition stated in this paragraph may be ame16 liorated or suspended by the court for any individual

17 defendant if the defendant’s presentence report or

18 other reliable sentencing information indicates a low

19 risk of future substance abuse by the defendant.’’;

20 and

21 (4) by adding at the end the following: ‘‘The re22 sults of a drug test administered in accordance with

23 paragraph (4) shall be subject to confirmation only

24 if the results are positive, the defendant is subject

25 to possible imprisonment for such failure, and either
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1 the defendant denies the accuracy of such test or

2 there is some other reason to question the results of

3 the test. A defendant who tests positive may be de4 tained pending verification of a positive drug test re5 sult. A drug test confirmation shall be a urine drug

6 test confirmed using gas chromatography/mass spec7 trometry techniques or such test as the Director of

8 the Administrative Office of the United States

9 Courts after consultation with the Secretary of

10 Health and Human Services may determine to be of

11 equivalent accuracy. The court shall consider wheth12 er the availability of appropriate substance abuse

13 treatment programs, or an individual’s current or

14 past participation in such programs, warrants an ex15 ception in accordance with United States Sentencing

16 Commission guidelines from the rule of subsection

17 3565(b), when considering any action against a de18 fendant who fails a drug test administered in ac19 cordance with paragraph (4). ’’.

20 (d) CONDITIONS OF SUPERVISED RELEASE.—Section

21 3583(d) of title 18, United States Code, is amended by

22 inserting after the first sentence the following: ‘‘The court

23 shall also order, as an explicit condition of supervised re24 lease, that the defendant refrain from any unlawful use

25 of a controlled substance and submit to a drug test within
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1 15 days of release on supervised release and at least 2

2 periodic drug tests thereafter (as determined by the court)

3 for use of a controlled substance. The condition stated in

4 the preceding sentence may be ameliorated or suspended

5 by the court as provided in section 3563(a)(4). The results

6 of a drug test administered in accordance with the preced7 ing subsection shall be subject to confirmation only if the

8 results are positive, the defendant is subject to possible

9 imprisonment for such failure, and either the defendant

10 denies the accuracy of such test or there is some other

11 reason to question the results of the test. A drug test con12 firmation shall be a urine drug test confirmed using gas

13 chromatography/mass spectrometry techniques or such

14 test as the Director of the Administrative Office of the

15 United States Courts after consultation with the Secretary

16 of Health and Human Services may determine to be of

17 equivalent accuracy. The court shall consider whether the

18 availability of appropriate substance abuse treatment pro19 grams, or an individual’s current or past participation in

20 such programs, warrants an exception in accordance with

21 United States Sentencing Commission guidelines from the

22 rule of subsection 3565(g) when considering any action

23 against a defendant who fails a drug test.’’.

24 (e) CONDITIONS OF PAROLE.—Section 4209(a) of

25 title 18, United States Code, is amended by inserting after
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1 the first sentence the following: ‘‘In every case, the Com2 mission shall also impose as a condition of parole that the

3 parolee pass a drug test prior to release and refrain from

4 any unlawful use of a controlled substance and submit to

5 at least 2 periodic drug tests (as determined by the Com6 mission) for use of a controlled substance. The condition

7 stated in the preceding sentence may be ameliorated or

8 suspended by the Commission for any individual parolee

9 if it determines that there is good cause for doing so. The

10 results of a drug test administered in accordance with the

11 provisions of the preceding sentence shall be subject to

12 confirmation only if the results are positive, the defendant

13 is subject to possible imprisonment for such failure, and

14 either the defendant denies the accuracy of such test or

15 there is some other reason to question the results of the

16 test. A drug test confirmation shall be a urine drug test

17 confirmed using gas chromatography/mass spectrometry

18 techniques or such test as the Director of the Administra19 tive Office of the United States Courts after consultation

20 with the Secretary of Health and Human Services may

21 determine to be of equivalent accuracy. The Commission

22 shall consider whether the availability of appropriate sub23 stance abuse treatment programs, or an individual’s cur24 rent or past participation in such programs, warrants an

25 exception in accordance with United States Sentencing
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1 Commission guidelines from the rule of subsection

2 3565(b) when considering any action against a defendant

3 who fails a drug test.’’.

4 Subtitle C—Enhanced Penalties for

5 Drugs in Federal Prisons

6 SEC. 1306. ENHANCEMENT OF PENALTIES FOR DRUG TRAF7 FICKING IN FEDERAL PRISONS.

8 (a) SENTENCING COMMISSION DIRECTION.—Pursu9 ant to its authority under 994 of title 28, United States,

10 Code, the United States Sentencing Commission shall

11 amend its sentencing guidelines to provide an appropriate

12 enhancement of any controlled substances offense if the

13 offense was committed while the defendant was impris14 oned.

15 (b) TITLE 18 AMENDMENTS.—Section 1791 of title

16 18, United States, Code, is amended—

17 (1) in subsection (d)(1)(A), by inserting after

18 ‘‘a firearm or destructive device’’ the following: ‘‘or

19 a controlled substance in schedule I or II, other than

20 marijuana or a controlled substance referred to in

21 subparagraph (C) of this subsection’’;

22 (2) in subsection (d)(1)(B), by inserting before

23 ‘‘ammunition,’’ the following: ‘‘marijuana or a con24 trolled substance in schedule III, other than a con-
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1 trolled substance referred to in subparagraph (C) of

2 this subsection,’’;

3 (3) in subsection (d)(1)(C), by inserting ‘‘meth4 amphetamine, its salts, isomers, and salts of its iso5 mers,’’ after ‘‘a narcotic drug,’’;

6 (4) in subsection (d)(1)(D), by inserting ‘‘(A),

7 (B), or’’ before ‘‘(C)’’; and

8 (5) in subsection (b), by striking ‘‘(c)’’ each

9 place it appears and inserting in lieu thereof ‘‘(d)’’.

10 SEC. 1307. ENHANCED PENALTIES FOR ILLEGAL DRUG USE

11 IN FEDERAL PRISONS.

12 (a) DECLARATION OF POLICY.—It is the policy of the

13 Federal Government that the use or distribution of illegal

14 drugs in the Nation’s Federal prisons will not be tolerated

15 and that such crimes shall be prosecuted to the fullest ex16 tent of the law.

17 (b) SENTENCING GUIDELINES.—Pursuant to its au18 thority under section 994 of title 28, United States Code,

19 the United States Sentencing Commission shall amend its

20 sentencing guidelines to provide for an appropriate en21 hancement of the penalty for a person convicted of an of22 fense—

23 ‘‘(1) under section 404 of the Controlled Sub24 stances Act involving simple possession of a con-
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1 trolled substance within a Federal prison or other

2 Federal detention facility; or

3 ‘‘(2) under section 401(b) of the Controlled

4 Substances Act involving the smuggling of a con5 trolled substance into a Federal prison or other Fed6 eral detention facility or the distribution or intended

7 distribution of a controlled substance within a Fed8 eral prison or other Federal detention facility.

9 (c) NO PROBATION OR SUSPENSION OF SEN10 TENCE.—Notwithstanding any other law, the court shall

11 not place on probation or suspend the sentence of a person

12 convicted of an offense described in subsection (b).

13 Subtitle D—Drug Treatment in

14 Federal Prisons

15 SEC. 1308. DRUG TREATMENT IN FEDERAL PRISONS.

16 (a) DEFINITIONS.—As used in this section—

17 (1) the term ‘‘residential substance abuse treat18 ment’’ means a course of individual and group ac19 tivities, lasting between 9 and 12 months, in residen20 tial treatment facilities set apart from the general

21 prison population—

22 (A) directed at the substance abuse prob23 lems of the prisoner; and

24 (B) intended to develop the prisoner’s cog25 nitive, behavioral, social, vocational, and other
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1 skills so as to solve the prisoner’s substance

2 abuse and related problems; and

3 (2) the term ‘‘eligible prisoner’’ means a pris4 oner who is—

5 (A) determined by the Bureau of Prisons

6 to have a substance abuse problem; and

7 (B) willing to participate in a residential

8 substance abuse treatment program.

9 (b) IMPLEMENTATION OF SUBSTANCE ABUSE

10 TREATMENT REQUIREMENT.—

11 (1) In order to carry out the requirement of the

12 last sentence of section 3621(b) of title 18, United

13 States Code, that every prisoner with a substance

14 abuse problem have the opportunity to participate in

15 appropriate substance abuse treatment, the Bureau

16 of Prisons shall provide residential substance abuse

17 treatment—

18 (A) for not less than 50 percent of eligible

19 prisoners by the end of fiscal year 1995;

20 (B) for not less than 75 percent of eligible

21 prisoners by the end of fiscal year 1996; and

22 (C) for all eligible prisoners by the end of

23 fiscal year 1997 and thereafter.
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1 (2) Section 3621 of title 18, United States

2 Code, is amended by adding at the end the follow3 ing:

4 ‘‘(d) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM5 PLETION OF TREATMENT PROGRAM.—

6 ‘‘(1) GENERALLY.—Any prisoner who, in the

7 judgment of the Director of the Bureau of Prisons,

8 has successfully completed a program of residential

9 substance abuse treatment provided under sub10 section (b) of this section, shall remain in the cus11 tody of the Bureau for such time (as limited by

12 paragraph (2) of this subsection) and under such

13 conditions, as the Bureau deems appropriate. If the

14 conditions of confinement are different from those

15 the prisoner would have experienced absent the suc16 cessful completion of the treatment, the Bureau

17 shall periodically test the prisoner for drug abuse

18 and discontinue such conditions on determining that

19 drug abuse has recurred.

20 ‘‘(2) PERIOD OF CUSTODY.—The period the

21 prisoner remains in custody after successfully com22 pleting a treatment program shall not exceed the

23 prison term the law would otherwise require such

24 prisoner to serve, but may not be less than such

25 term minus one year.’’.
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1 (c) REPORT.—The Bureau of Prisons shall transmit

2 to the Committees on the Judiciary of the Senate and the

3 House of Representatives on January 1, 1995, and on

4 January 1 of each year thereafter, a report. Such report

5 shall contain—

6 (1) a detailed quantitative and qualitative de7 scription of each substance abuse treatment pro8 gram, residential or not, operated by the Bureau;

9 (2) a full explanation of how eligibility for such

10 programs is determined, with complete information

11 on what proportion of prisoners with substance

12 abuse problems are eligible; and

13 (3) a complete statement of to what extent the

14 Bureau has achieved compliance with the require15 ments of this title.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated in each fiscal year such

18 sums as may be necessary to carry out this section.

19 Subtitle E—Studies

20 SEC. 1309. NATIONAL INSTITUTE OF JUSTICE STUDY.

21 (a) FEASIBILITY STUDY.—The National Institute of

22 Justice shall study the feasibility of establishing a clear23 inghouse to provide information to interested persons to

24 facilitate the transfer of prisoners in State correctional in25 stitutions to other such correctional institutions, pursuant
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1 to the Interstate Corrections Compact or other applicable

2 interstate compact, for the purpose of allowing prisoners

3 to serve their prison sentences at correctional institutions

4 in close proximity to their families.

5 (b) REPORT TO CONGRESS.—The National Institute

6 of Justice shall, not later than 1 year after the date of

7 the enactment of this Act, submit to the Committees on

8 the Judiciary of the House of Representatives and the

9 Senate a report containing the results of the study con10 ducted under subsection (a), together with any rec11 ommendations the Institute may have on establishing a

12 clearinghouse described in such subsection.

13 (c) DEFINITION.—For purposes of this section, the

14 term ‘‘State’’ includes the District of Columbia and any

15 territory or possession of the United States.

16 SEC. 1310. STUDY AND ASSESSMENT OF ALCOHOL USE AND

17 TREATMENT.

18 The Director of the National Institute of Justice

19 shall—

20 (1) conduct a study to compare the recidivism

21 rates of individuals under the influence of alcohol or

22 alcohol in combination with other drugs at the time

23 of their offense—
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1 (A) who participated in a residential treat2 ment program while in the custody of the State;

3 and

4 (B) who did not participate in a residential

5 treatment program while in the custody of the

6 State.

7 (2) conduct a nationwide assessment regarding

8 the use of alcohol and alcohol in combination with

9 other drugs as a factor in violent, domestic, and gen10 eral criminal activity.

11 TITLE XIV—RURAL CRIME

12 Subtitle A—Fighting Drug

13 Trafficking in Rural Areas

14 SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCE15 MENT AGENCIES.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—The sec17 ond paragraph (7) of section 1001(a) of title I of the Om18 nibus Crime Control and Safe Streets Act of 1968 is

19 amended—

20 (1) by striking ‘‘(7)’’ and inserting ‘‘(8)’’; and

21 (2) by striking ‘‘and such’’ and all that follows

22 through ‘‘part O’’ and inserting ‘‘$50,000,000 for

23 fiscal year 1994, and such sums as may be nec24 essary for fiscal years 1995 and 1996 to carry out

25 part O of this title’’.
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1 (b) AMENDMENT TO BASE ALLOCATION.—Section

2 1501(a)(2)(A) of title I of the Omnibus Crime Control and

3 Safe Streets Act of 1968 is amended by striking

4 ‘‘$100,000’’ and inserting ‘‘$250,000’’.

5 SEC. 1402. RURAL DRUG ENFORCEMENT TASK FORCES.

6 (a) ESTABLISHMENT.—Not later than 1 year after

7 the date of enactment of this Act, the Attorney General,

8 in consultation with the Governors, mayors, and chief ex9 ecutive officers of State and local law enforcement agen10 cies, shall establish a Rural Drug Enforcement Task

11 Force in each of the Federal judicial districts which en12 compass significant rural lands.

13 (b) TASK FORCE MEMBERSHIP.—The task forces es14 tablished under subsection (a) shall be chaired by the

15 United States Attorney for the respective Federal judicial

16 district. The task forces shall include representatives

17 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 and

23 (5) law enforcement officers from the United

24 States Park Police, United States Forest Service

25 and Bureau of Land Management, and such other
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1 Federal law enforcement agencies as the Attorney

2 General may direct.

3 SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

4 The Attorney General may cross-designate up to 100

5 law enforcement officers from each of the agencies speci6 fied under section 1502(b)(5) with jurisdiction to enforce

7 the provisions of the Controlled Substances Act on non8 Federal lands to the extent necessary to effect the pur9 poses of this title.

10 SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.

11 (a) SPECIALIZED TRAINING FOR RURAL OFFI12 CERS.—The Director of the Federal Law Enforcement

13 Training Center shall develop a specialized course of in14 struction devoted to training law enforcement officers

15 from rural agencies in the investigation of drug trafficking

16 and related crimes.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $1,000,000 for each of the

19 fiscal years 1994, 1995 and 1996 to carry out the pur20 poses of subsection (a) of this section.
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1 Subtitle B—Drug Free Truck Stops

2 and Safety Rest Areas

3 SEC. 1405. DRUG FREE TRUCK STOPS AND SAFETY REST

4 AREAS.

5 (a) AMENDMENT TO CONTROLLED SUBSTANCES

6 ACT.—

7 (1) IN GENERAL.—Part D of the Controlled

8 Substances Act (21 U.S.C. 801 et seq.) is amended

9 by inserting after section 408 the following new sec10 tion:

11 ‘‘TRANSPORTATION SAFETY OFFENSES

12 ‘‘SEC. 409. (a) Any person who violates section

13 401(a)(1) or section 416 by distributing or possessing

14 with intent to distribute a controlled substance in or on,

15 or within 1,000 feet of, a truck stop or safety rest area

16 is (except as provided in subsection (b)) subject to—

17 ‘‘(1) twice the maximum punishment authorized

18 by section 401(b); and

19 ‘‘(2) twice any term of supervised release au20 thorized by section 401(b) for a first offense.

21 ‘‘(b) Any person who violates section 401(a)(1) or

22 section 416 by distributing or possessing with intent to

23 distribute a controlled substance in or on, or within 1,000

24 feet of, a truck stop or a safety rest area after a prior
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1 conviction or convictions under subsection (a) have become

2 final is subject to—

3 ‘‘(1) 3 times the maximum punishment author4 ized by section 401(b); and

5 ‘‘(2) 3 times any term of supervised release au6 thorized by section 401(b) for a first offense.

7 ‘‘(c) For purposes of this section—

8 ‘‘(1) the term ‘safety rest area’ means a road9 side facility with parking facilities for the rest or

10 other needs of motorists; and

11 ‘‘(2) the term ‘truck stop’ means any facility

12 (including any parking lot appurtenant thereto) that

13 has the capacity to provide fuel or service, or both,

14 to any commercial motor vehicle as defined under

15 section 12019(6) of the Commercial Motor Vehicle

16 Safety Act of 1986, operating in commerce as de17 fined in section 12019(3) of such Act and that is lo18 cated within 2,500 feet of the National System of

19 Interstate and Defense Highways or the Federal-Aid

20 Primary System.’’.

21 (2) CONFORMING AMENDMENTS.—

22 (A) CROSS REFERENCE.—Section 401(b)

23 of such Act (21 U.S.C. 841(b)) is amended by

24 inserting ‘‘409,’’ immediately before ‘‘418,’’

25 each place it appears.
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1 (B) TABLE OF CONTENTS.—The table of

2 contents of the Comprehensive Drug Abuse

3 Prevention and Control Act of 1970 is amended

4 by striking the item relating to section 409, the

5 following new item:

‘‘Sec. 409. Transportation safety offenses.’’.

6 (b) SENTENCING GUIDELINES.—

7 (1) PROMULGATION OF GUIDELINES.—Pursu8 ant to its authority under section 994 of title 28,

9 United States Code, and section 21 of the Sentenc10 ing Act of 1987 (28 U.S.C. 994 note), the United

11 States Sentencing Commission shall amend its sen12 tencing guidelines to provide an appropriate en13 hancement of punishment for a defendant convicted

14 of violating section 409 of the Controlled Substances

15 Act, as added by subsection (a).

16 (2) LIMITATION.—The guidelines described in

17 paragraph (1), as amended under this subsection,

18 shall provide that an offense that could be subject

19 to multiple enhancements pursuant to this sub20 section is subject to not more than one such en21 hancement.
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1 TITLE XV—DRUG CONTROL

2 Subtitle A—Drug Emergency Areas

3 SEC. 1501. DRUG EMERGENCY AREAS.

4 Section 1005 of the National Narcotics Leadership

5 Act of 1988 (21 U.S.C. 1504) is amended by adding at

6 the end the following:

7 ‘‘(e) DECLARATION OF DRUG EMERGENCY AREAS.—

8 ‘‘(1) PRESIDENTIAL DECLARATION.—(A) In the

9 event that a major drug-related emergency exists

10 throughout a State or a part of a State or where the

11 threat of a drug-related emergency exists to part of

12 a State bordering part of a foreign country where a

13 drug-related emergency is known to exist, the Presi14 dent may, in consultation with the Director and

15 other appropriate officials, declare such State or

16 part of a State to be a drug emergency area and

17 may take any and all necessary actions authorized

18 by this subsection or otherwise authorized by law.

19 ‘‘(B) For the purposes of this subsection, the

20 term ‘major drug-related emergency’ means any oc21 casion or instance in which drug smuggling, drug

22 trafficking, drug abuse, or drug-related violence

23 reaches such levels, as determined by the President,

24 that Federal assistance is needed to supplement
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1 State and local efforts and capabilities to save lives,

2 and to protect property and public health and safety.

3 ‘‘(2) PROCEDURE FOR DECLARATION.—(A) All

4 requests for a declaration by the President designat5 ing an area to be a drug emergency area shall be

6 made, in writing, by the Governor or chief executive

7 officer of any affected State or local government, re8 spectively, and shall be forwarded to the President

9 through the Director in such form as the Director

10 may by regulation require. One or more cities, coun11 ties, or States may submit a joint request for des12 ignation as a drug emergency area under this sub13 section.

14 ‘‘(B) Any request made under subparagraph

15 (A) of this paragraph shall be based on a written

16 finding that the major drug-related emergency is of

17 such severity and magnitude, that Federal assistance

18 is necessary to assure an effective response to save

19 lives, and to protect property and public health and

20 safety.

21 ‘‘(C) The President shall not limit declarations

22 made under this subsection to highly-populated cen23 ters of drug trafficking, drug smuggling, drug use or

24 drug-related violence, but shall also consider applica25 tions from governments of less populated areas
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1 where the magnitude and severity of such activities

2 is beyond the capability of the State or local govern3 ment to respond.

4 ‘‘(D) As part of a request for a declaration by

5 the President under this subsection, and as a pre6 requisite to Federal drug emergency assistance

7 under this subsection, the Governor(s) or chief exec8 utive officer(s) shall—

9 ‘‘(i) take appropriate action under State or

10 local law and furnish such information on the

11 nature and amount of State and local resources

12 which have been or will be committed to alle13 viating the major drug-related emergency;

14 ‘‘(ii) certify that State and local govern15 ment obligations and expenditures will comply

16 with all applicable cost-sharing requirements of

17 this subsection; and

18 ‘‘(iii) submit a detailed plan outlining that

19 government’s short- and long-term plans to re20 spond to the major drug-related emergency,

21 specifying the types and levels of Federal assist22 ance requested, and including explicit goals

23 (where possible quantitative goals) and time24 tables and shall specify how Federal assistance
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1 provided under this subsection is intended to

2 achieve such goals.

3 ‘‘(E) The Director shall review any request sub4 mitted pursuant to this subsection and forward the

5 application, along with a recommendation to the

6 President on whether to approve or disapprove the

7 application, within 30 days after receiving such ap8 plication. Based on the application and the rec9 ommendation of the Director, the President may de10 clare an area to be a drug emergency area under

11 this subsection.

12 ‘‘(3) FEDERAL MONETARY ASSISTANCE.—(A)

13 The President is authorized to make grants to State

14 or local governments of up to, in the aggregate for

15 any single major drug-related emergency,

16 $25,000,000.

17 ‘‘(B) The Federal share of assistance under this

18 section shall not be greater than 75 percent of the

19 costs necessary to implement the short- and long20 term plan outlined in paragraph (2)(D)(iii).

21 ‘‘(C) Federal assistance under this subsection

22 shall not be provided to a drug disaster area for

23 more than 1 year. In any case where Federal assist24 ance is provided under this Act, the Governor(s) or

25 chief executive officer(s) may apply to the President,
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1 through the Director, for an extension of assistance

2 beyond 1 year. The President, based on the rec3 ommendation of the Director, may extend the provi4 sion of Federal assistance for not more than an ad5 ditional 180 days.

6 ‘‘(D) Any State or local government receiving

7 Federal assistance under this subsection shall bal8 ance the allocation of such assistance evenly between

9 drug supply reduction and drug demand reduction

10 efforts, unless State or local conditions dictate other11 wise.

12 ‘‘(4) NONMONETARY ASSISTANCE.—In addition

13 to the assistance provided under paragraph (3), the

14 President may—

15 ‘‘(A) direct any Federal agency, with or

16 without reimbursement, to utilize its authorities

17 and the resources granted to it under Federal

18 law (including personnel, equipment, supplies,

19 facilities, and managerial, technical, and advi20 sory services) in support of State and local as21 sistance efforts; and

22 ‘‘(B) provide technical and advisory assist23 ance, including communications support and

24 law enforcement-related intelligence informa25 tion.
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1 ‘‘(5) ISSUANCE OF IMPLEMENTING REGULA2 TIONS.—Not later than 90 days after the date of the

3 enactment of this subsection, the Director shall issue

4 regulations to implement this subsection, including

5 such regulations as may be necessary relating to ap6 plications for Federal assistance and the provision of

7 Federal monetary and nonmonetary assistance.

8 ‘‘(6) AUDIT BY COMPTROLLER GENERAL.—As9 sistance under this subsection shall be subject to an10 nual audit by the Comptroller General.

11 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

12 There are authorized to be appropriated for each of

13 fiscal years 1994, 1995, and 1996, $100,000,000 to

14 carry out this subsection.’’.

15 Subtitle B—Precursor Chemicals

16 SEC. 1502. DEFINITION AMENDMENTS.

17 (a) DEFINITIONS.—Section 102 of the Controlled

18 Substances Act (21 U.S.C. 802) is amended—

19 (1) in paragraph (33) by striking ‘‘any listed

20 precursor chemical or listed essential chemical’’ and

21 inserting ‘‘any list I chemical or any list II chemi22 cal’’;

23 (2) in paragraph (34)—

24 (A) by striking ‘‘listed precursor chemical’’

25 and inserting ‘‘list I chemical’’; and
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1 (B) by striking ‘‘critical to the creation’’

2 and inserting ‘‘important to the manufacturer’’;

3 (3) in paragraph (34) (A), (F), and (H), by in4 serting ‘‘, its esters’’ before ‘‘and’’;

5 (4) in paragraph (35)—

6 (A) by striking ‘‘listed essential chemical’’

7 and inserting ‘‘list II chemical’’;

8 (B) by inserting ‘‘(other than a list I

9 chemical)’’ before ‘‘specified’’;

10 (C) by striking ‘‘as a solvent, reagent, or

11 catalyst’’; and

12 (5) in paragraph (38) by inserting ‘‘or who acts

13 as a broker or trader for an international trans14 action involving a listed chemical, a tableting ma15 chine, or an encapsulating machine’’ before the pe16 riod;

17 (6) in paragraph (39)(A)—

18 (A) by striking ‘‘importation or exportation

19 of’’ and inserting ‘‘importation, or exportation

20 of, or an international transaction involving

21 shipment of,’’;

22 (B) in clause (iii) by inserting ‘‘or any cat23 egory of transaction for a specific listed chemi24 cal or chemicals’’ after ‘‘transaction’’;
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1 (C) by amending clause (iv) to read as fol2 lows:

3 ‘‘(iv) any transaction in a listed chemical

4 that is contained in a drug that may be mar5 keted or distributed lawfully in the United

6 States under the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 301 et seq.) unless—

8 ‘‘(I)(aa) the drug contains ephedrine

9 or its salts, optical isomers, or salts of op10 tical isomers as the only active medicinal

11 ingredient or contains ephedrine and thera12 peutically insignificant quantities of an13 other active medicinal ingredient; or

14 ‘‘(bb) the Attorney General has deter15 mined under section 204 that the drug or

16 group of drugs is being diverted to obtain

17 the listed chemical for use in the illicit pro18 duction of a controlled substance; and

19 ‘‘(II) the quantity of ephedrine or

20 other listed chemical contained in the drug

21 included in the transaction or multiple

22 transactions equals or exceeds the thresh23 old established for that chemical by the At24 torney General.’’; and
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1 (D) in clause (v) by striking the semicolon

2 and inserting ‘‘which the Attorney General has

3 by regulation designated as exempt from the

4 application of this title and title II based on a

5 finding that the mixture is formulated in such

6 a way that it cannot be easily used in the illicit

7 production of a controlled substance and that

8 the listed chemical or chemicals contained in

9 the mixture cannot be readily recovered;’’;

10 (7) in paragraph (40) by striking ‘‘listed pre11 cursor chemical or a listed essential chemical’’ each

12 place it appears and inserting ‘‘list I chemical or a

13 list II chemical’’; and

14 (8) by adding at the end the following new

15 paragraphs:

16 ‘‘(43) The term ‘international transaction’ means a

17 transaction involving the shipment of a listed chemical

18 across an international border (other than a United States

19 border) in which a broker or trader located in the United

20 States participates.

21 ‘‘(44) The terms ‘broker’ and ‘trader’ mean a person

22 that assists in arranging an international transaction in

23 a listed chemical by—

24 ‘‘(A) negotiating contracts;

25 ‘‘(B) serving as an agent or intermediary; or
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1 ‘‘(C) bringing together a buyer and seller,

2 buyer, and transporter, or a seller and transporter.’’.

3 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—

4 (1) PROCEDURE.—Part B of the Controlled

5 Substances Act (21 U.S.C. 811 et seq.) is amended

6 by adding at the end the following new section:

7 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

8 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At9 torney General shall by regulation remove from exemption

10 under section 102(39)(A)(iv)(II) a drug or group of drugs

11 that the Attorney General finds is being diverted to obtain

12 a listed chemical for use in the illicit production of a con13 trolled substance.

14 ‘‘(b) FACTORS TO BE CONSIDERED.—In removing a

15 drug or group of drugs from exemption under subsection

16 (a), the Attorney General shall consider, with respect to

17 a drug or group of drugs that is proposed to be removed

18 from exemption—

19 ‘‘(1) the scope, duration, and significance of the

20 diversion;

21 ‘‘(2) whether the drug or group of drugs is for22 mulated in such a way that it cannot be easily used

23 in the illicit production of a controlled substance;

24 and

25 ‘‘(3) whether the listed chemical can be readily

26 recovered from the drug or group of drugs.
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1 ‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney

2 General shall limit the designation of a drug or a group

3 of drugs removed from exemption under subsection (a) to

4 the most particularly identifiable type of drug or group

5 of drugs for which evidence of diversion exists unless there

6 is evidence, based on the pattern of diversion and other

7 relevant factors, that the diversion will not be limited to

8 that particular drug or group of drugs.

9 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE10 SPECT TO PARTICULAR DRUG PRODUCTS.—

11 ‘‘(1) REINSTATEMENT.—On application by a

12 manufacturer of a particular drug product that has

13 been removed from exemption under subsection (a),

14 the Attorney General shall by regulation reinstate

15 the exemption with respect to that particular drug

16 product if the Attorney General determines that the

17 particular drug product is manufactured and distrib18 uted in a manner that prevents diversion.

19 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid20 ing whether to reinstate the exemption with respect

21 to a particular drug product under paragraph (1),

22 the Attorney General shall consider—

23 ‘‘(A) the package sizes and manner of

24 packaging of the drug product;
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1 ‘‘(B) the manner of distribution and adver2 tising of the drug product;

3 ‘‘(C) evidence of diversion of the drug

4 product;

5 ‘‘(D) any actions taken by the manufac6 turer to prevent diversion of the drug product;

7 and

8 ‘‘(E) such other factors as are relevant to

9 and consistent with the public health and safe10 ty, including the factors described in subsection

11 (b) as applied to the drug product.

12 ‘‘(3) STATUS PENDING APPLICATION FOR REIN13 STATEMENT.—A transaction involving a particular

14 drug product that is the subject of a bona fide pend15 ing application for reinstatement of exemption filed

16 with the Attorney General not later than 60 days

17 after a regulation removing the exemption is issued

18 pursuant to subsection (a) shall not be considered to

19 be a regulated transaction if the transaction occurs

20 during the pendency of the application and, if the

21 Attorney General denies the application, during the

22 period of 60 days following the date on which the

23 Attorney General denies the application, unless—

24 ‘‘(A) the Attorney General has evidence

25 that, applying the factors described in sub-
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1 section (b) to the drug product, the drug prod2 uct is being diverted; and

3 ‘‘(B) the Attorney General so notifies the

4 applicant.

5 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg6 ulation reinstating an exemption under paragraph

7 (1) may be modified or revoked with respect to a

8 particular drug product upon a finding that—

9 ‘‘(A) applying the factors described in sub10 section (b) to the drug product, the drug prod11 uct is being diverted; or

12 ‘‘(B) there is a significant change in the

13 data that led to the issuance of the regula14 tion.’’.

15 (2) TECHNICAL AMENDMENT.—The table of

16 contents of the Comprehensive Drug Abuse Preven17 tion and Control Act of 1970 (84 Stat. 1236) is

18 amended by adding at the end of the section relating

19 to part B of title II the following new item:

‘‘Sec. 204. Removal of exemption of certain drugs.’’.

20 (c) REGULATION OF LISTED CHEMICALS.—Section

21 310 of the Controlled Substances Act (21 U.S.C. 830) is

22 amended—

23 (1) in subsection (a)(1)—

24 (A) by striking ‘‘precursor chemical’’ and

25 inserting ‘‘list I chemical’’; and
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1 (B) in subparagraph (B) by striking ‘‘an

2 essential chemical’’ and inserting ‘‘a list II

3 chemical’’; and

4 (2) in subsection (c)(2)(D) by striking ‘‘precur5 sor chemical’’ and inserting ‘‘chemical control’’.

6 SEC. 1503. REGISTRATION REQUIREMENTS.

7 (a) RULES AND REGULATIONS.—Section 301 of the

8 Controlled Substances Act (21 U.S.C. 821) is amended

9 by striking the period and inserting ‘‘and to the registra10 tion and control of regulated persons and of regulated

11 transactions.’’.

12 (b) PERSONS REQUIRED TO REGISTER UNDER SEC13 TION 302.—Section 302 of the Controlled Substances Act

14 (21 U.S.C. 822) is amended—

15 (1) in subsection (a)(1) by inserting ‘‘or list I

16 chemical’’ after ‘‘controlled substance’’ each place it

17 appears;

18 (2) in subsection (b)—

19 (A) by inserting ‘‘or list I chemicals’’ after

20 ‘‘controlled substances’’; and

21 (B) by inserting ‘‘or chemicals’’ after

22 ‘‘such substances’’;

23 (3) in subsection (c) by inserting ‘‘or list I

24 chemical’’ after ‘‘controlled substance’’ each place it

25 appears; and
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1 (4) in subsection (e) by inserting ‘‘or list I

2 chemicals’’ after ‘‘controlled substances’’.

3 (c) REGISTRATION REQUIREMENTS UNDER SECTION

4 303.—Section 303 of the Controlled Substances Act (21

5 U.S.C. 823) is amended by adding at the end the following

6 new subsection:

7 ‘‘(h) The Attorney General shall register an applicant

8 to distribute a list I chemical unless the Attorney General

9 determines that registration of the applicant is inconsist10 ent with the public interest. Registration under this sub11 section shall not be required for the distribution of a drug

12 product that is exempted under section 102(39)(A)(iv). In

13 determining the public interest for the purposes of this

14 subsection, the Attorney General shall consider—

15 ‘‘(1) maintenance by the applicant of effective

16 controls against diversion of listed chemicals into

17 other than legitimate channels;

18 ‘‘(2) compliance by the applicant with applica19 ble Federal, State and local law;

20 ‘‘(3) any prior conviction record of the appli21 cant under Federal or State laws relating to con22 trolled substances or to chemicals controlled under

23 Federal or State law;

24 ‘‘(4) any past experience of the applicant in the

25 manufacture and distribution of chemicals; and
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1 ‘‘(5) such other factors as are relevant to and

2 consistent with the public health and safety.’’.

3 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG4 ISTRATION.—Section 304 of the Controlled Substances

5 Act (21 U.S.C. 824) is amended—

6 (1) in subsection (a)—

7 (A) by inserting ‘‘or a list I chemical’’

8 after ‘‘controlled substance’’ each place it ap9 pears; and

10 (B) by inserting ‘‘or list I chemicals’’ after

11 ‘‘controlled substances’’;

12 (2) in subsection (b) by inserting ‘‘or list I

13 chemical’’ after ‘‘controlled substance’’;

14 (3) in subsection (f) by inserting ‘‘or list I

15 chemicals’’ after ‘‘controlled substances’’ each place

16 it appears; and

17 (4) in subsection (g)—

18 (A) by inserting ‘‘or list I chemicals’’ after

19 ‘‘controlled substances’’ each place it appears;

20 and

21 (B) by inserting ‘‘or list I chemical’’ after

22 ‘‘controlled substance’’ each place it appears.

23 (e) PERSONS REQUIRED TO REGISTER UNDER SEC24 TION 1007.—Section 1007 of the Controlled Substances

25 Import and Export Act (21 U.S.C. 957) is amended—
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1 (1) in subsection (a)—

2 (A) in paragraph (1) by inserting ‘‘or list

3 I chemical’’ after ‘‘controlled substance’’; and

4 (B) in paragraph (2) by striking ‘‘in sched5 ule I, II, III, IV, or V,’’ and inserting ‘‘or list

6 I chemical,’’; and

7 (2) in subsection (b)—

8 (A) in paragraph (1) by inserting ‘‘or list

9 I chemical’’ after ‘‘controlled substance’’ each

10 place it appears; and

11 (B) in paragraph (2) by inserting ‘‘or list

12 I chemicals’’ after ‘‘controlled substances’’.

13 (f) REGISTRATION REQUIREMENTS UNDER SECTION

14 1008.—Section 1008 of the Controlled Substances Import

15 and Export Act (21 U.S.C. 958) is amended—

16 (1) in subsection (c)—

17 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

18 (B) by adding at the end the following new

19 paragraph:

20 ‘‘(2)(A) The Attorney General shall register an appli21 cant to import or export a list I chemical unless the Attor22 ney General determines that registration of the applicant

23 is inconsistent with the public interest. Registration under

24 this subsection shall not be required for the import or ex-
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1 port of a drug product that is exempted under section

2 102(39)(A)(iv).

3 ‘‘(B) In determining the public interest for the pur4 poses of subparagraph (A), the Attorney General shall

5 consider the factors specified in section 303(h).’’;

6 (2) in subsection (d)—

7 (A) in paragraph (3) by inserting ‘‘or list

8 I chemical or chemicals,’’ after ‘‘substances,’’;

9 and

10 (B) in paragraph (6) by inserting ‘‘or list

11 I chemicals’’ after ‘‘controlled substances’’ each

12 place it appears;

13 (3) in subsection (e) by striking ‘‘and 307’’ and

14 inserting ‘‘307, and 310’’; and

15 (4) in subsections (f), (g), and (h) by inserting

16 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

17 each place it appears.

18 (g) PROHIBITED ACTS C.—Section 403(a) of the

19 Controlled Substances Act (21 U.S.C. 843(a)) is amend20 ed—

21 (1) by striking ‘‘or’’ at the end of paragraph

22 (7);

23 (2) by striking the period at the end of para24 graph (8) and inserting ‘‘; or’’; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(9) if the person is a regulated person, to dis4 tribute, import, or export a list I chemical without

5 the registration required by this Act.’’.

6 SEC. 1504. REPORTING OF LISTED CHEMICAL MANUFAC7 TURING.

8 Section 310(b) of the Controlled Substances Act (21

9 U.S.C. 830(b)) is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

11 (2) by redesignating paragraphs (1), (2), (3),

12 and (4) as subparagraphs (A), (B), (C), and (D), re13 spectively;

14 (3) by striking ‘‘paragraph (1)’’ each place it

15 appears and inserting ‘‘subparagraph (A)’’;

16 (4) by striking ‘‘paragraph (2)’’ and inserting

17 ‘‘subparagraph (B)’’;

18 (5) by striking ‘‘paragraph (3)’’ and inserting

19 ‘‘subparagraph (C)’’; and

20 (6) by adding at the end the following new

21 paragraph:

22 ‘‘(2) A regulated person that manufactures a

23 listed chemical shall report annually to the Attorney

24 General, in such form and manner and containing

25 such specific data as the Attorney General shall pre-
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1 scribe by regulation, information concerning listed

2 chemicals manufactured by the person. The require3 ment of the preceding sentence shall not apply to the

4 manufacture of a drug product that is exempted

5 under section 102(39)(A)(iv).’’.

6 SEC. 1505. REPORTS BY BROKERS AND TRADERS; CRIMINAL

7 PENALTIES.

8 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

9 PENALTIES WITH RESPECT TO IMPORTATION AND EX10 PORTATION OF LISTED CHEMICALS.—Section 1018 of the

11 Controlled Substances Import and Export Act (21 U.S.C.

12 971) is amended by adding at the end the following new

13 subsection:

14 ‘‘(d) A person located in the United States who is

15 a broker or trader for an international transaction in a

16 listed chemical that is a regulated transaction solely be17 cause of that person’s involvement as a broker or trader

18 shall, with respect to that transaction, be subject to all

19 of the notification, reporting, recordkeeping, and other re20 quirements placed upon exporters of listed chemicals by

21 this title and title II.’’.

22 (b) PROHIBITED ACTS A.—Section 1010(d) of the

23 Controlled Substances Import and Export Act (21 U.S.C.

24 960(d)) is amended to read as follows:

25 ‘‘(d) A person who knowingly or intentionally—
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1 ‘‘(1) imports or exports a listed chemical with

2 intent to manufacture a controlled substance in vio3 lation of this title or title II;

4 ‘‘(2) exports a listed chemical in violation of the

5 laws of the country to which the chemical is ex6 ported or serves as a broker or trader for an inter7 national transaction involving a listed chemical, if

8 the transaction is in violation of the laws of the

9 country to which the chemical is exported;

10 ‘‘(3) imports or exports a listed chemical know11 ing, or having reasonable cause to believe, that the

12 chemical will be used to manufacture a controlled

13 substance in violation of this title or title II; or

14 ‘‘(4) exports a listed chemical, or serves as a

15 broker or trader for an international transaction in16 volving a listed chemical, knowing, or having reason17 able cause to believe, that the chemical will be used

18 to manufacture a controlled substance in violation of

19 the laws of the country to which the chemical is ex20 ported,

21 shall be fined in accordance with title 18, imprisoned not

22 more than 10 years, or both.’’.
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1 SEC. 1506. EXEMPTION AUTHORITY; ADDITIONAL PEN2 ALTIES.

3 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

4 the Controlled Substances Import and Export Act (21

5 U.S.C. 971), as amended by section 5(a), is amended by

6 adding at the end the following new subsection:

7 ‘‘(e)(1) The Attorney General may by regulation re8 quire that the 15-day notification requirement of sub9 section (a) apply to all exports of a listed chemical to a

10 specified country, regardless of the status of certain cus11 tomers in such country as regular customers, if the Attor12 ney General finds that such notification is necessary to

13 support effective chemical diversion control programs or

14 is required by treaty or other international agreement to

15 which the United States is a party.

16 ‘‘(2) The Attorney General may by regulation waive

17 the 15-day notification requirement for exports of a listed

18 chemical to a specified country if the Attorney General

19 determines that such notification is not required for effec20 tive chemical diversion control. If the notification require21 ment is waived, exporters of the listed chemical shall be

22 required to submit to the Attorney General reports of indi23 vidual exportations or periodic reports of such exportation

24 of the listed chemical, at such time or times and contain25 ing such information as the Attorney General shall estab26 lish by regulation.
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1 ‘‘(3) The Attorney General may by regulation waive

2 the 15-day notification requirement for the importation of

3 a listed chemical if the Attorney General determines that

4 such notification is not necessary for effective chemical di5 version control. If the notification requirement is waived,

6 importers of the listed chemical shall be required to submit

7 to the Attorney General reports of individual importations

8 or periodic reports of the importation of the listed chemi9 cal, at such time or times and containing such information

10 as the Attorney General shall establish by regulation.’’.

11 (b) PROHIBITED ACTS A.—Section 1010(d) of the

12 Controlled Substances Import and Export Act (21 U.S.C.

13 960(d)), as amended by section 5(b),. is amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (3);

16 (2) by striking the comma at the end of para17 graph (4) and inserting a semicolon; and

18 (3) by adding at the end the following new

19 paragraphs:

20 ‘‘(5) imports or exports a listed chemical, with

21 the intent to evade the reporting or recordkeeping

22 requirements of section 1018 applicable to such im23 portation or exportation by falsely representing to

24 the Attorney General that the importation or expor25 tation qualifies for a waiver of the 15-day notifica-
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1 tion requirement granted pursuant to section

2 1018(e) (2) or (3) by misrepresenting the actual

3 country of final destination of the listed chemical or

4 the actual listed chemical being imported or ex5 ported; or

6 ‘‘(6) imports or exports a listed chemical in vio7 lation of section 1007 or 1018,’’.

8 SEC. 1507. AMENDMENTS TO LIST I.

9 Section 102(34) of the Controlled Substances Act (21

10 U.S.C. 802(34)) is amended—

11 (1) by striking subparagraphs (O), (U), and

12 (W);

13 (2) by redesignating subparagraphs (P) through

14 (T) as (O) through (S), subparagraph (V) as (T),

15 and subparagraphs (X) and (Y) as (U) and (X), re16 spectively;

17 (3) in subparagraph (X), as redesignated by

18 paragraph (2), by striking ‘‘(X)’’ and inserting

19 ‘‘(U)’’; and

20 (4) by inserting after subparagraph (U), as re21 designated by paragraph (2), the following new sub22 paragraphs:

23 ‘‘(V) benzaldehyde.

24 ‘‘(W) nitroethane.’’.
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1 SEC. 1508. ELIMINATION OF REGULAR SUPPLIER STATUS

2 AND CREATION OF REGULAR IMPORTER STA3 TUS.

4 (a) DEFINITION.—Section 102(37) of the Controlled

5 Substances Act (21 U.S.C. 802(37)) is amended to read

6 as follows:

7 ‘‘(37) The term ‘regular importer’ means, with re8 spect to a listed chemical, a person that has an established

9 record as an importer of that listed chemical that is re10 ported to the Attorney General.’’.

11 (b) NOTIFICATION.—Section 1018 of the Controlled

12 Substances Act (21 U.S.C. 971) is amended—

13 (1) in subsection (b)—

14 (A) in paragraph (1) by striking ‘‘regular

15 supplier of the regulated person’’ and inserting

16 ‘‘to an importation by a regular importer’’; and

17 (B) in paragraph (2)—

18 (i) by striking ‘‘a customer or supplier

19 of a regulated person’’ and inserting ‘‘a

20 customer of a regulated person or to an

21 importer’’; and

22 (ii) by striking ‘‘regular supplier’’ and

23 inserting ‘‘the importer as a regular im24 porter’’; and

25 (2) in subsection (c)(1) by striking ‘‘regular

26 supplier’’ and inserting ‘‘regular importer’’.
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1 SEC. 1509. ADMINISTRATIVE INSPECTIONS AND AUTHOR2 ITY.

3 Section 510 of the Controlled Substances Act (21

4 U.S.C. 880) is amended—

5 (1) by amending subsection (a)(2) to read as

6 follows:

7 ‘‘(2) places, including factories, warehouses,

8 and other establishments, and conveyances, where

9 persons registered under section 303 (or exempt

10 from registration under section 302(d) or by regula11 tion of the Attorney General) or regulated persons

12 may lawfully hold, manufacture, distribute, dispense,

13 administer, or otherwise dispose of controlled sub14 stances or listed chemicals or where records relating

15 to those activities are maintained.’’; and

16 (2) in subsection (b)(3)—

17 (A) in subparagraph (B) by inserting ‘‘,

18 listed chemicals,’’ after ‘‘unfinished drugs’’; and

19 (B) in subparagraph (C) by inserting ‘‘or

20 listed chemical’’ after ‘‘controlled substance’’

21 and inserting ‘‘or chemical’’ after ‘‘such sub22 stance’’.

23 SEC. 1510. THRESHOLD AMOUNTS.

24 Section 102(39)(A) of the Controlled Substances Act

25 (21 U.S.C. 802(39)(A)), as amended by section 2, is

26 amended by inserting ‘‘of a listed chemical, or if the Attor-
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1 ney General establishes a threshold amount for a specific

2 listed chemical,’’ before ‘‘a threshold amount, including a

3 cumulative threshold amount for multiple transactions’’.

4 SEC. 1511. MANAGEMENT OF LISTED CHEMICALS.

5 (a) IN GENERAL.—Part C of the Controlled Sub6 stances Act (21 U.S.C. 821 et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘MANAGEMENT OF LISTED CHEMICALS

9 ‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a per10 son who possesses a listed chemical with the intent that

11 it be used in the illegal manufacture of a controlled sub12 stance to manage the listed chemical or waste from the

13 manufacture of a controlled substance otherwise than as

14 required by regulations issued under sections 3001, 3002,

15 3003, 3004, and 3005 of the Solid Waste Disposal Act

16 (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).

17 ‘‘(b) ENHANCED PENALTY.—(1) In addition to a

18 penalty that may be imposed for the illegal manufacture,

19 possession, or distribution of a listed chemical or toxic res20 idue of a clandestine laboratory, a person who violates sub21 section (a) shall be assessed the costs described in para22 graph (2) and shall be imprisoned as described in para23 graph (3).

24 ‘‘(2) Pursuant to paragraph (1) a defendant shall be

25 assessed the following costs to the United States, a State,

26 or another authority or person that undertakes to correct
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1 the results of the improper management of a listed chemi2 cal:

3 ‘‘(A) The cost of initial cleanup and disposal of

4 the listed chemical and contaminated property.

5 ‘‘(B) The cost of restoring property that is

6 damaged by exposure to a listed chemical for reha7 bilitation under Federal, State, and local standards.

8 ‘‘(3)(A) A violation of subsection (a) shall be pun9 ished as a class D felony, or in the case of a willful viola10 tion, as a class C felony.

11 ‘‘(B) The United States Sentencing Commission is

12 directed to amend the Sentencing Guidelines to provide

13 an appropriate enhancement of punishment for a willful

14 violation of subsection (a).

15 ‘‘(4) A court may order that all or a portion of the

16 earnings from work performed by a defendant in prison

17 be withheld for payment of costs assessed under para18 graph (2).

19 ‘‘(c) USE OF FORFEITED ASSETS.—The Attorney

20 General may direct that assets forfeited in connection with

21 a prosecution under this section be shared with State

22 agencies that participated in the seizure or cleaning up

23 of a contaminated site.’’.
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1 (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—

2 Section 523(a) of title 11, United States Code, is amend3 ed—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (11);

6 (2) by striking the period at the end of para7 graph (12) and inserting ‘‘; or’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(13) for costs assessed under section 311(b) of

11 the Controlled Substances Act.’’.

12 SEC. 1512. REGULATIONS AND EFFECTIVE DATE.

13 (a) REGULATIONS.—The Attorney General shall, not

14 later than 90 days after the date of enactment of this Act,

15 issue regulations necessary to carry out this subtitle.

16 (b) EFFECTIVE DATE.—This subtitle and the amend17 ments made by this subtitle shall take effect on the date

18 that is 120 days after the date of enactment of this Act.

19 Subtitle C—General Provisions

20 SEC. 1513. CLARIFICATION OF NARCOTIC OR OTHER DAN21 GEROUS DRUGS UNDER THE RICO STATUTE.

22 Section 1961(1) of title 18, United States Code, is

23 amended by striking ‘‘narcotic or other dangerous drugs’’

24 each place it appears and inserting in lieu thereof ‘‘a con-
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1 trolled substance or listed chemical, as defined in section

2 102 of the Controlled Substances Act’’.

3 SEC. 1514. CONFORMING AMENDMENTS TO RECIDIVIST

4 PENALTY PROVISIONS OF THE CONTROLLED

5 SUBSTANCES ACT AND THE CONTROLLED

6 SUBSTANCES IMPORT AND EXPORT ACT.

7 (1) Sections 401(b)(1) (B), (C), and (D) of the Con8 trolled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and

9 (D)) and sections 1010(b) (1), (2), and (3) of the Con10 trolled Substances Import and Export Act (21 U.S.C.

11 960(b) (1), (2), and (3)) are each amended in the sentence

12 or sentences beginning ‘‘If any person commits’’ by strik13 ing ‘‘one or more prior convictions’’ through ‘‘have become

14 final’’ and inserting in lieu thereof ‘‘a prior conviction for

15 a felony drug offense has become final’’;

16 (2) Section 1012(b) of the Controlled Substances Im17 port and Export Act (21 U.S.C. 962(b)) is amended by

18 striking ‘‘one or more prior convictions of him for a felony

19 under any provision of this title or title II or other law

20 of a State, the United States, or a foreign country relating

21 to narcotic drugs, marihuana, or depressant or stimulant

22 drugs, have become final’’ and inserting in lieu thereof

23 ‘‘one or more prior convictions of such person for a felony

24 drug offense have become final’’.
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1 (3) Section 401(b)(1)(A) of the Controlled Sub2 stances Act (21 U.S.C. 841(b)(1)(A)) is amended by strik3 ing the sentence beginning ‘‘For purposes of this subpara4 graph, the term ‘felony drug offense’ means’’;

5 (4) Section 102 of the Controlled Substances Act (21

6 U.S.C. 802) is amended by adding at the end the following

7 new paragraph:

8 ‘‘(43) The term ‘felony drug offense’ means an of9 fense that is punishable by imprisonment for more than

10 one year under any law of the United States or of a State

11 or foreign country that prohibits or restricts conduct relat12 ing to narcotic drugs, marihuana, or depressant or stimu13 lant substances.’’.

14 SEC. 1515. PENALTIES FOR DRUG DEALING IN PUBLIC

15 HOUSING AUTHORITY FACILITIES.

16 Section 419 of the Controlled Substances Act (21

17 U.S.C. 860) is amended—

18 (1) in subsection (a) by striking ‘‘playground,

19 or within’’ and inserting ‘‘playground, or housing fa20 cility owned by a public housing authority, or with21 in’’; and

22 (2) in subsection (b) by striking ‘‘playground,

23 or within’’ and inserting ‘‘playground, or housing fa24 cility owned by a public housing authority, or with25 in’’.
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1 SEC. 1516. ANABOLIC STEROIDS PENALTIES.

2 Section 404 of the Controlled Substances Act (21

3 U.S.C. 844) is amended by inserting after subsection (a)

4 the following:

5 ‘‘(b)(1) Whoever, being a physical trainer or adviser

6 to an individual, endeavors to persuade or induce that in7 dividual to possess or use anabolic steroids in violation of

8 subsection (a), shall be fined under title 18, United States

9 Code, or imprisoned not more than 2 years, or both. If

10 such individual has not attained the age of 18 years, the

11 maximum imprisonment shall be 5 years.

12 ‘‘(2) As used in this subsection, the term ‘physical

13 trainer or adviser’ means any professional or amateur

14 coach, manager, trainer, instructor, or other such person,

15 who provides any athletic or physical instruction, training,

16 advice, assistance, or other such service to any person.’’.

17 SEC. 1517. ADVERTISING.

18 Section 403 of the Controlled Substances Act (21

19 U.S.C. 843) is amended—

20 (1) by inserting after subsection (b) the follow21 ing:

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

26 or offering illegally to receive, buy, or distribute a Sched-
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1 ule I controlled substance. As used in this section the term

2 ‘advertisement’ includes, in addition to its ordinary mean3 ing, such advertisements as those for a catalog of Schedule

4 I controlled substances and any similar written advertise5 ment that has the purpose of seeking or offering illegally

6 to receive, buy, or distribute a Schedule I controlled sub7 stance. The term ‘advertisement’ does not include material

8 which merely advocates the use of a similar material,

9 which advocates a position or practice, and does not at10 tempt to propose or facilitate an actual transaction in a

11 Schedule I controlled substance.’’; and

12 (2) by redesignating subsections (c) and (d) as

13 subsections (d) and (e), respectively.

14 SEC. 1518. ENHANCED PENALTIES FOR DRUG-DEALING IN

15 DRUG-FREE ZONES.

16 Pursuant to its authority under 994 of title 28, Unit17 ed States Code, the United States Sentencing Commission

18 shall amend the Sentencing Guidelines to provide an ap19 propriate enhancement of punishment for a defendant

20 convicted of violating section 419 of the Controlled Sub21 stances Act (21 U.S.C. 860).

22 SEC. 1519. NATIONAL DRUG CONTROL STRATEGY.

23 (a) IN GENERAL.—Section 1005(a) of the National

24 Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is

25 amended by adding at the end the following:
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1 ‘‘(5) Beginning with the first submission of a Na2 tional Drug Control Strategy to Congress after the date

3 of the enactment of the Violent Crime Control and Law

4 Enforcement Act of 1993, the goals, objectives, and prior5 ities of such Strategy shall include a goal for expanding

6 the availability of treatment for drug addiction.’’.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that among the long-term goals of the National

9 Drug Control Strategy should be the availability of drug

10 treatment to all who are in need of such treatment.

11 TITLE XVI—DRUNK DRIVING

12 PROVISIONS

13 SEC. 1601. STATE LAWS APPLIED IN AREAS OF FEDERAL JU14 RISDICTION.

15 Section 13(b) of title 18, United States Code, is

16 amended by—

17 (1) striking ‘‘For purposes’’ and inserting ‘‘(1)

18 Subject to paragraph (2) and for purposes’’; and

19 (2) adding at the end thereof the following new

20 paragraph:

21 ‘‘(2)(A) In addition to any term of imprisonment pro22 vided for operating a motor vehicle under the influence

23 of a drug or alcohol imposed under the law of a State,

24 territory, possession, or district, the punishment for such

25 an offense under this section shall include an additional
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1 term of imprisonment of not more than 1 year, or if seri2 ous bodily injury of a minor is caused, 5 years, or if death

3 of a minor is caused, 10 years, and an additional fine of

4 not more than $1,000, or both, if—

5 ‘‘(i) a minor (other than the offender) was

6 present in the motor vehicle when the offense was

7 committed; and

8 ‘‘(ii) the law of the State, territory, possession,

9 or district in which the offense occurred does not

10 provide an additional term of imprisonment under

11 the circumstances described in clause (i).

12 ‘‘(B) For the purposes of subparagraph (A), the term

13 ‘minor’ means a person less than 18 years of age.’’.

14 SEC. 1602. SENSE OF CONGRESS CONCERNING CHILD CUS15 TODY AND VISITATION RIGHTS.

16 It is the sense of the Congress that in determining

17 child custody and visitation rights, the courts should take

18 into consideration the history of drunk driving that any

19 person involved in the determination may have.
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1 TITLE XVII—COMMISSIONS

2 Subtitle A—Commission on Crime

3 and Violence

4 SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME

5 AND VIOLENCE.

6 There is established a commission to be known as the

7 ‘‘National Commission on Crime and Violence in Amer8 ica’’. The Commission shall be composed of 22 members,

9 appointed as follows:

10 (1) 6 persons by the President;

11 (2) 8 persons by the Speaker of the House of

12 Representatives, two of whom shall be appointed on

13 the recommendation of the minority leader; and

14 (3) 8 persons by the President pro tempore of

15 the Senate, six of whom shall be appointed on the

16 recommendation of the majority leader of the Senate

17 and two of whom shall be appointed on the rec18 ommendation of the minority leader of the Senate.

19 SEC. 1702. PURPOSE.

20 The purposes of the Commission are as follows:

21 (1) To develop a comprehensive and effective

22 crime control plan which will serve as a ‘‘blueprint’’

23 for action in the 1990’s. The report shall include an

24 estimated cost for implementing any recommenda25 tions made by the Commission.
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1 (2) To bring attention to successful models and

2 programs in crime prevention and crime control.

3 (3) To reach out beyond the traditional criminal

4 justice community for ideas when developing the

5 comprehensive crime control plan.

6 (4) To recommend improvements in the coordi7 nation of local, State, Federal, and international

8 border crime control efforts.

9 (5) To make a comprehensive study of the eco10 nomic and social factors lending to or contributing

11 to crime and specific proposals for legislative and

12 administrative actions to reduce crime and the ele13 ments that contribute to it.

14 (6) To recommend means of targeting finite

15 correctional facility space and resources to the most

16 serious and violent offenders, with the goal of

17 achieving the most cost-effective possible crime con18 trol and protection of the community and public

19 safety, with particular emphasis on examining the

20 issue of possible disproportionate incarceration rates

21 among black males and any other minority group

22 disproportionately represented in State and Federal

23 correctional populations, and to consider increased

24 use of alternatives to incarceration which offer a
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1 reasonable prospect of equal or better crime control

2 at equal or less cost.

3 SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.

4 The commission shall be responsible for the following:

5 (1) Reviewing the effectiveness of traditional

6 criminal justice approaches in preventing and con7 trolling crime and violence.

8 (2) Examining the impact that changes to state

9 and Federal law have had in controlling crime and

10 violence.

11 (3) Examining the impact of changes in Fed12 eral immigration laws and policies and increased de13 velopment and growth along United States inter14 national borders on crime and violence in the United

15 States, particularly among our Nation’s youth.

16 (4) Examining the problem of youth gangs and

17 provide recommendations as to how to reduce youth

18 involvement in violent crime.

19 (5) Examining the extent to which assault

20 weapons and high power firearms have contributed

21 to violence and murder in America.

22 (6) Convening field hearings in various regions

23 of the country to receive testimony from a cross sec24 tion of criminal justice professionals, business lead-
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1 ers, elected officials, medical doctors, and other citi2 zens that wish to participate.

3 (7) Review all segments of our criminal justice

4 system, including the law enforcement, prosecution,

5 defense, judicial, corrections components in develop6 ing the crime control plan.

7 Subtitle B—National Commission

8 to Study the Causes of the De9 mand for Drugs in the United

10 States

11 SEC. 1704. ESTABLISHMENT.

12 There is established a National Commission to Study

13 the Causes of the Demand for Drugs in the United States

14 (hereinafter in this Act referred to as the ‘‘Commission’’).

15 SEC. 1705. DUTIES.

16 (a) IN GENERAL.—The Commission shall—

17 (1) examine the root causes of illicit drug use

18 and abuse in the United States, including by compil19 ing existing research regarding those root causes;

20 (2) evaluate the efforts being made to prevent

21 drug abuse;

22 (3) identify the existing gaps in drug abuse pol23 icy that result from the lack of attention to the root

24 causes of drug abuse;
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1 (4) assess the needs of Government at all levels

2 for resources and policies for reducing the overall de3 sire of individuals to experiment with and abuse il4 licit drugs; and

5 (5) make recommendations regarding necessary

6 improvements in policies for reducing the use of il7 licit drugs in the United States.

8 (b) EXAMINATION.—Matters examined by the Com9 mission under this section shall include the following:

10 (1) CHARACTERISTICS.—The characteristics of

11 potential illicit drug users and abusers or drug traf12 fickers, including age and social, economic, and edu13 cational backgrounds.

14 (2) ENVIRONMENT.—Environmental factors

15 that contribute to illicit drug use and abuse, includ16 ing the correlation between unemployment, poverty,

17 and homelessness on drug experimentation and

18 abuse.

19 (3) ASSOCIATIONS AND SOCIAL RELATION20 SHIPS.—The effects of substance use and abuse by

21 a relative or friend in contributing to the likelihood

22 and desire of an individual to experiment with illicit

23 drugs.

24 (4) CULTURE.—Aspects of, and changes in,

25 philosophical or religious beliefs, cultural values, at-
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1 titudes toward authority, status of basic social units

2 (such as families), and traditions that contribute to

3 illicit drug use and abuse.

4 (5) PHYSIOLOGICAL AND PSYCHOLOGICAL FAC5 TORS.—The physiological and psychological factors

6 that contribute to the desire for illicit drugs.

7 (6) EFFORTS OF GOVERNMENTS.—The current

8 status of Federal, State, and local efforts regarding

9 the causes of illicit drug use and abuse, including a

10 review of drug strategies being promoted by Federal,

11 State, and local authorities to address the causes of

12 illicit drug use and abuse.

13 SEC. 1706. MEMBERSHIP.

14 (a) NUMBER AND APPOINTMENT.—

15 (1) IN GENERAL.—The Commission shall con16 sist of 13 members, as follows:

17 (A) PRESIDENT.—Three individuals ap18 pointed by the President.

19 (B) SENATE.—Five individuals appointed

20 jointly by the majority and minority leaders of

21 the Senate. Not more than 3 members ap22 pointed under this paragraph may be of the

23 same political party. At least 1 member ap24 pointed under this paragraph shall be a recover25 ing drug user.
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1 (C) HOUSE OF REPRESENTATIVES.—Five

2 individuals appointed jointly by the Speaker,

3 majority leader, and minority leader of the

4 House of Representatives. Not more than 3

5 members appointed under this paragraph may

6 be of the same political party. At least 1 mem7 ber appointed under this paragraph shall be a

8 recovering drug abuser.

9 (2) GOALS IN MAKING APPOINTMENTS.—In ap10 pointing individuals as members of the Commission,

11 the President and the majority and minority leaders

12 of the House of Representatives and the Senate shall

13 seek to ensure that—

14 (A) the membership of the Commission re15 flects the racial, ethnic, and gender diversity of

16 the United States; and

17 (B) members are specially qualified to

18 serve on the Commission by reason of their edu19 cation, training, expertise, or experience in—

20 (i) sociology,

21 (ii) psychology,

22 (iii) law,

23 (iv) bio-medicine,

24 (v) addiction, and
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1 (vi) ethnography and urban poverty,

2 including health care, housing, education,

3 and employment.

4 (b) PROHIBITION AGAINST OFFICER OR EM5 PLOYEE.—Each individual appointed under subsection (a)

6 shall not be an officer or employee of any government and

7 shall be qualified to serve the Commission by virtue of

8 education, training, or experience.

9 (c) DEADLINE FOR APPOINTMENT.—Members of the

10 Commission shall be appointed within 60 days after the

11 date of the enactment of this Act for the life of the Com12 mission.

13 (d) MEETINGS.—The Commission shall have its

14 headquarters in the District of Columbia, and shall meet

15 at least once each month for a business session that shall

16 be conducted by the Chairperson.

17 (e) QUORUM.—Seven members of the Commission

18 shall constitute a quorum, but a lesser number may hold

19 hearings.

20 (f) CHAIRPERSON AND VICE CHAIRPERSON.—No

21 later than 15 days after the members of the Commission

22 are appointed, such members shall designate a Chair23 person and Vice Chairperson of the Commission.

24 (g) CONTINUATION OF MEMBERSHIP.—If a member

25 of the Commission later becomes an officer or employee
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1 of any government, the individual may continue as a mem2 ber until a successor is appointed.

3 (h) VACANCIES.—A vacancy in the Commission shall

4 be filled not later than 30 days after the Commission is

5 informed of the vacancy in the manner in which the origi6 nal appointment was made.

7 (i) COMPENSATION.—

8 (1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem9 bers of the Commission shall receive no additional

10 pay, allowances, or benefits by reason of their serv11 ice on the Commission.

12 (2) TRAVEL EXPENSES.—Each member of the

13 Commission shall receive travel expenses, including

14 per diem in lieu of subsistence, in accordance with

15 sections 5702 and 5703 of title 5, United States

16 Code.

17 SEC. 1707. STAFF AND SUPPORT SERVICES.

18 (a) DIRECTOR.—The Chairperson shall appoint a di19 rector after consultation with the members of the Commis20 sion, who shall be paid the rate of basic pay for level V

21 of the Executive Schedule.

22 (b) STAFF.—With the approval of the Commission,

23 the director may appoint personnel as the director consid24 ers 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 ap9 proval of the Commission, the director may procure tem10 porary and intermittent services under section 3109(b) of

11 title 5, United States Code.

12 (e) STAFF OF FEDERAL AGENCIES.—Upon the re13 quest of the Commission, the head of any Federal agency

14 may detail, on a reimbursable basis, any of the personnel

15 of that agency to the Commission to assist in carrying out

16 its duties 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

20 well as agencies and elected representatives of the execu21 tive and legislative branches of government. The Chair22 person of the Commission shall make requests in writing

23 where necessary.

24 (g) PHYSICAL FACILITIES.—The General Services

25 Administration shall find suitable office space for the op-
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1 eration 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. 1708. POWERS OF COMMISSION.

6 (a) HEARINGS.—The Commission may conduct pub7 lic hearings or forums at its discretion, at any time and

8 place it is able to secure facilities and witnesses, for the

9 purpose of carrying out its duties.

10 (b) DELEGATION OF AUTHORITY.—Any member or

11 agent of the Commission may, if authorized by the Com12 mission, take any action the Commission is authorized to

13 take 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

18 of a Federal agency shall furnish the information to the

19 Commission to the extent permitted by law.

20 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis21 sion may accept, use, and dispose of gifts, bequests, or

22 devices of services or property, both real and personal, for

23 the purpose of aiding or facilitating the work of the Com24 mission. Gifts, bequests, or devises of money and proceeds

25 from sales of other property received as gifts, bequests,
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1 or devices shall be deposited in the Treasury and shall be

2 available 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 con5 ditions as other Federal agencies.

6 SEC. 1709. REPORTS.

7 (a) MONTHLY REPORTS.—The Commission shall

8 submit monthly activity reports to the President and the

9 Committees on the Judiciary of the Senate and the House

10 of Representatives.

11 (b) REPORTS.—

12 (1) INTERIM REPORT.—The Commission shall

13 submit an interim report to the President and the

14 Committees on the Judiciary of the Senate and the

15 House of Representatives not later than 1 year be16 fore the termination of the Commission. The interim

17 report shall contain a detailed statement of the find18 ings and conclusions of the Commission, together

19 with its recommendations for legislative and admin20 istrative action based on the Commission’s activities

21 to date. A strategy for disseminating the report to

22 Federal, State, and local authorities shall be formu23 lated and submitted with the formal presentation of

24 the report to the President and the Congress.
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1 (2) FINAL REPORT.—Not later than the date of

2 the termination of the Commission, the Commission

3 shall submit to the President and the Committees on

4 the Judiciary of the Senate and the House of Rep5 resentatives a final report with a detailed statement

6 of final findings, conclusions, and recommendations,

7 including an assessment of the extent to which rec8 ommendations of the Commission included in the in9 terim report under paragraph (1) have been imple10 mented.

11 (c) PRINTING AND PUBLIC DISTRIBUTION.—Upon

12 receipt of each report of the Commission under this sec13 tion, the President shall—

14 (1) order the report to be printed; and

15 (2) make the report available to the public upon

16 request.

17 SEC. 1710. TERMINATION.

18 The Commission shall terminate on the date which

19 is 2 years after the Members of the Commission have met

20 and designated a Chairperson and Vice Chairperson.

21 Subtitle C—National Commission

22 to Support Law Enforcement

23 SEC. 1711. ESTABLISHMENT.

24 There is established a national commission to be

25 known as the ‘‘National Commission to Support Law En-
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1 forcement’’ (referred to in this subtitle as the ‘‘Commis2 sion’’).

3 SEC. 1712. DUTIES.

4 (a) IN GENERAL. —The Commission shall study and

5 recommend changes regarding law enforcement agencies

6 and law enforcement issues on the Federal, State, and

7 local levels, including the following:

8 (1) FUNDING.—The sufficiency of funding, in9 cluding a review of grant programs at the Federal

10 level.

11 (2) EMPLOYMENT.—The conditions of law en12 forcement employment.

13 (3) INFORMATION.—The effectiveness of infor14 mation-sharing systems, intelligence, infrastructure,

15 and procedures among law enforcement agencies of

16 Federal, State, and local governments.

17 (4) RESEARCH AND TRAINING.—The status of

18 law enforcement research and education and train19 ing.

20 (5) EQUIPMENT AND RESOURCES.—The ade21 quacy of equipment, physical resources, and human

22 resources.

23 (6) COOPERATION.—The cooperation among

24 Federal, State, and local law enforcement agencies.
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1 (7) RESPONSIBILITY.—The responsibility of

2 governments and law enforcement agencies in solv3 ing the crime problem.

4 (8) IMPACT.—The impact of the criminal jus5 tice system, including court schedules and prison

6 overcrowding, on law enforcement.

7 (b) CONSULTATION.—The Commission shall conduct

8 surveys and consult with focus groups of law enforcement

9 officers, local officials, and community leaders across the

10 Nation to obtain information and seek advice on important

11 law enforcement issues.

12 SEC. 1713. MEMBERSHIP.

13 (a) NUMBER AND APPOINTMENT.—The Commission

14 shall be composed of 25 members as follows:

15 (1) Seven individuals from national law enforce16 ment organizations representing law enforcement of17 ficers, of whom—

18 (A) two shall be appointed by the Speaker

19 of the House of Representatives;

20 (B) two shall be appointed by the majority

21 leader of the Senate;

22 (C) one shall be appointed by the minority

23 leader of the House of Representatives;

24 (D) one shall be appointed by the minority

25 leader of the Senate; and
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1 (E) one shall be appointed by the Presi2 dent.

3 (2) Seven individuals from national law enforce4 ment organizations representing law enforcement

5 management, of whom—

6 (A) two shall be appointed by the Speaker

7 of the House of Representatives;

8 (B) two shall be appointed by the majority

9 leader of the Senate;

10 (C) one shall be appointed by the minority

11 leader of the House of Representatives;

12 (D) one shall be appointed by the minority

13 leader of the Senate; and

14 (E) one shall be appointed by the Presi15 dent.

16 (3) Two individuals with academic expertise re17 garding law enforcement issues, of whom—

18 (A) one shall be appointed by the Speaker

19 of the House of Representatives and the major20 ity leader of the Senate; and

21 (B) one shall be appointed by the minority

22 leader of the Senate and the minority leader of

23 the House of Representatives;
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1 (4) Two Members of the House of Representa2 tives, appointed by the Speaker and the minority

3 leader of the House of Representatives.

4 (5) Two Members of the Senate, appointed by

5 the majority leader and the minority leader of the

6 Senate.

7 (6) One individual involved in Federal law en8 forcement from the Department of the Treasury, ap9 pointed by the President.

10 (7) One individual from the Department of Jus11 tice, appointed by the President.

12 (8) One individual representing a State or local

13 governmental entity, such as a Governor, mayor, or

14 State Attorney General, to be appointed by the Ma15 jority Leader of the Senate.

16 (9) One individual representing a State or local

17 governmental entity, such as a Governor, mayor, or

18 State Attorney General, to be appointed by the

19 Speaker of the House of Representatives.

20 (10) One individual representing a State or

21 local governmental entity, such as a governor,

22 mayor, or State attorney general, to be appointed by

23 the President.

24 (b) COMPTROLLER GENERAL.—The Comptroller

25 General shall serve in an advisory capacity and shall over-
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1 see the methodology and approach of the Commission’s

2 study.

3 (c) CHAIRPERSON.—Upon their appointment the

4 members of the Commission shall select one of their num5 ber to act as chairperson.

6 (d) COMPENSATION.—

7 (1) IN GENERAL.—Members of the Commission

8 shall receive no additional pay, allowance, or benefit

9 by reason of service 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

14 Code.

15 (e) APPOINTMENT DATES.—Members of the Com16 mission shall be appointed no later than 90 days after the

17 enactment of this title.

18 SEC. 1714. EXPERTS AND CONSULTANTS.

19 (a) EXPERTS AND CONSULTANTS.—The Commission

20 may procure temporary and intermittent services under

21 section 3109(b) of title 5, United States Code.

22 (b) STAFF OF FEDERAL AGENCIES.—Upon request

23 of the Commission, the head of any Federal agency is au24 thorized to detail, on a reimbursable basis, any of the per-
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1 sonnel of that agency to the Commission to assist the

2 Commission in carrying out its duties under this title.

3 (c) ADMINISTRATIVE SUPPORT.—The Administrator

4 of General Services shall provide to the Commission, on

5 a reimbursable basis, administrative support services as

6 the Commission may request.

7 SEC. 1715. POWERS OF COMMISSION.

8 (a) HEARINGS.—The Commission may, for purposes

9 of this title, hold hearings, sit and act at the times and

10 places, take testimony, and receive evidence, as the Com11 mission considers appropriate.

12 (b) DELEGATION OF AUTHORITY.—Any member or

13 agent of the Commission may, if authorized by the Com14 mission, take any action the Commission is authorized to

15 take by this section.

16 (c) INFORMATION.—The Commission may secure di17 rectly from any Federal agency information necessary to

18 enable it to carry out this title. Upon request of the chair19 person of the Commission, the head of an agency shall

20 furnish the information to the Commission to the extent

21 permitted by law.

22 (d) GIFTS AND DONATIONS.—The Commission may

23 accept, use, and dispose of gifts or donations of services

24 or property.
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1 (e) MAILS.—The Commission may use the United

2 States mails in the same manner and under the same con3 ditions as other Federal agencies.

4 SEC. 1716. REPORT.

5 Not later than the expiration of the eighteen-month

6 period beginning on the date of the appointment of the

7 members of the Commission, a report containing the find8 ings of the Commission and specific proposals for legisla9 tion and administrative actions that the Commission has

10 determined to be appropriate shall be submitted to the

11 Committees on the Judiciary of the Senate and the House

12 of Representatives.

13 SEC. 1717. TERMINATION.

14 The Commission shall cease to exist upon the expira15 tion of the sixty-day period beginning on the date on which

16 the Commission submits its report under section 1616.

17 SEC. 1718. REPEALS.

18 Title XXXIV of the Crime Control Act of 1990 (Pub19 lic Law 101–647; 104 Stat. 4918) and title II, section 211

20 B of the Departments of Commerce, Justice, and State,

21 the Judiciary, and Related Agencies Appropriations Act,

22 1991 (Public Law 101–515; 104 Stat. 2122) are repealed.
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1 TITLE XVIII—MOTOR VEHICLE

2 THEFT PREVENTION

3 SEC. 1801. MOTOR VEHICLE THEFT PREVENTION PRO4 GRAM.

5 (a) IN GENERAL.—Not later than 180 days after the

6 date of enactment of this section, the Attorney General

7 shall develop, in cooperation with the States, a national

8 voluntary motor vehicle theft prevention program (in this

9 section referred to as the ‘‘program’’) under which—

10 (1) the owner of a motor vehicle may volun11 tarily sign a consent form with a participating State

12 or locality in which the motor vehicle owner—

13 (A) states that the vehicle is not normally

14 operated under certain specified conditions; and

15 (B) agrees to—

16 (i) display program decals or devices

17 on the owner’s vehicle; and

18 (ii) permit law enforcement officials in

19 any State to stop the motor vehicle and

20 take reasonable steps to determine whether

21 the vehicle is being operated by or with the

22 permission of the owner, if the vehicle is

23 being operated under the specified condi24 tions; and
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1 (2) participating States and localities authorize

2 law enforcement officials in the State or locality to

3 stop motor vehicles displaying program decals or de4 vices under specified conditions and take reasonable

5 steps to determine whether the vehicle is being oper6 ated by or with the permission of the owner.

7 (b) UNIFORM DECAL OR DEVICE DESIGNS.—

8 (1) IN GENERAL.—The motor vehicle theft pre9 vention program developed pursuant to this section

10 shall include a uniform design or designs for decals

11 or other devices to be displayed by motor vehicles

12 participating in the program.

13 (2) TYPE OF DESIGN.—The uniform design

14 shall—

15 (A) be highly visible; and

16 (B) explicitly state that the motor vehicle

17 to which it is affixed may be stopped under the

18 specified conditions without additional grounds

19 for establishing a reasonable suspicion that the

20 vehicle is being operated unlawfully.

21 (c) VOLUNTARY CONSENT FORM.—The voluntary

22 consent form used to enroll in the program shall—

23 (1) clearly state that participation in the pro24 gram is voluntary;
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1 (2) clearly explain that participation in the pro2 gram means that, if the participating vehicle is being

3 operated under the specified conditions, law enforce4 ment officials may stop the vehicle and take reason5 able steps to determine whether it is being operated

6 by or with the consent of the owner, even if the law

7 enforcement officials have no other basis for believ8 ing that the vehicle is being operated unlawfully;

9 (3) include an express statement that the vehi10 cle is not normally operated under the specified con11 ditions and that the operation of the vehicle under

12 those conditions would provide sufficient grounds for

13 a prudent law enforcement officer to reasonably be14 lieve that the vehicle was not being operated by or

15 with the consent of the owner; and

16 (4) include any additional information that the

17 Attorney General may reasonably require.

18 (d) SPECIFIED CONDITIONS UNDER WHICH STOPS

19 MAY BE AUTHORIZED.—

20 (1) IN GENERAL.—The Attorney General shall

21 promulgate rules establishing the conditions under

22 which participating motor vehicles may be author23 ized to be stopped under this section. These condi24 tions may not be based on race, creed, color, na-
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1 tional origin, gender, or age. These conditions may

2 include—

3 (A) the operation of the vehicle during cer4 tain hours of the day; or

5 (B) the operation of the vehicle under

6 other circumstances that would provide a suffi7 cient basis for establishing a reasonable sus8 picion that the vehicle was not being operated

9 by the owner, or with the consent of the owner.

10 (2) MORE THAN ONE SET OF CONDITIONS.—

11 The Attorney General may establish more than one

12 set of conditions under which participating motor ve13 hicles may be stopped. If more than one set of condi14 tions is established, a separate consent form and a

15 separate design for program decals or devices shall

16 be established for each set of conditions. The Attor17 ney General may choose to satisfy the requirement

18 of a separate design for program decals or devices

19 under this paragraph by the use of a design color

20 that is clearly distinguishable from other design col21 ors.

22 (3) NO NEW CONDITIONS WITHOUT CON23 SENT.—After the program has begun, the conditions

24 under which a vehicle may be stopped if affixed with
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1 a certain decal or device design may not be ex2 panded without the consent of the owner.

3 (4) LIMITED PARTICIPATION BY STATES AND

4 LOCALITIES.—A State or locality need not authorize

5 the stopping of motor vehicles under all sets of con6 ditions specified under the program in order to par7 ticipate in the program.

8 (e) MOTOR VEHICLES FOR HIRE.—

9 (1) NOTIFICATION TO LESSEES.—Any person

10 who is in the business of renting or leasing motor

11 vehicles and who rents or leases a motor vehicle on

12 which a program decal or device is affixed shall,

13 prior to transferring possession of the vehicle, notify

14 the person to whom the motor vehicle is rented or

15 leased about the program.

16 (2) TYPE OF NOTICE.—The notice required by

17 this subsection shall—

18 (A) be in writing;

19 (B) be in a prominent format to be deter20 mined by the Attorney General; and

21 (C) explain the possibility that if the motor

22 vehicle is operated under the specified condi23 tions, the vehicle may be stopped by law en24 forcement officials even if the officials have no
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1 other basis for believing that the vehicle is

2 being operated unlawfully.

3 (3) FINE FOR FAILURE TO PROVIDE NOTICE.—

4 Failure to provide proper notice under this sub5 section shall be punishable by a fine not to exceed

6 $5,000.

7 (f) NOTIFICATION OF POLICE.—As a condition of

8 participating in the program, a State or locality must

9 agree to take reasonable steps to ensure that law enforce10 ment officials throughout the State or locality are familiar

11 with the program, and with the conditions under which

12 motor vehicles may be stopped under the program.

13 (g) REGULATIONS.—The Attorney General shall pro14 mulgate regulations to implement this section.

15 (h) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized such sums as are necessary to carry out

17 this section.

18 SEC. 1802. ALTERING OR REMOVING MOTOR VEHICLE

19 IDENTIFICATION NUMBERS.

20 (a) BASIC OFFENSE.—Subsection (a) of section 511

21 of title 18, United States Code, is amended to read as

22 follows:

23 ‘‘(a) Whoever, with intent to further the theft of a

24 vehicle, knowingly removes, obliterates, tampers with, or

25 alters an identification number for a motor vehicle, or
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1 motor vehicle part, or a decal or device affixed to a motor

2 vehicle pursuant to the Motor Vehicle Theft Prevention

3 Act, shall be fined under this title or imprisoned not more

4 than five years, or both.’’.

5 (b) EXCEPTED PERSONS.—Paragraph (2) of section

6 511(b) of title 18, United States Code, is amended by—

7 (1) striking ‘‘and’’ after the semicolon in sub8 paragraph (B);

9 (2) striking the period at the end of subpara10 graph (C) and inserting ‘‘; and’’; and

11 (3) adding at the end thereof the following:

12 ‘‘(D) a person who removes, obliterates,

13 tampers with, or alters a decal or device affixed

14 to a motor vehicle pursuant to the Motor Vehi15 cle Theft Prevention Act, if that person is the

16 owner of the motor vehicle, or is authorized to

17 remove, obliterate, tamper with or alter the

18 decal or device by—

19 ‘‘(i) the owner or his or her author20 ized agent;

21 ‘‘(ii) applicable State or local law; or

22 ‘‘(iii) regulations promulgated by the

23 Attorney General to implement the Motor

24 Vehicle Theft Prevention Act.’’.
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1 (c) DEFINITION.—Section 511 of title 18, United

2 States Code, is amended by adding at the end thereof the

3 following:

4 ‘‘(d) For purposes of subsection (a) of this section,

5 the term ‘tampers with’ includes covering a program decal

6 or device affixed to a motor vehicle pursuant to the Motor

7 Vehicle Theft Prevention Act for the purpose of obstruct8 ing its visibility.’’.

9 (d) UNAUTHORIZED APPLICATION OF A DECAL OR

10 DEVICE.—

11 (1) IN GENERAL.—Chapter 25 of title 18,

12 United States Code, is amended by adding after sec13 tion 511 the following new section:

14 ‘‘§ 511A. Unauthorized application of theft prevention

15 decal or device

16 ‘‘(a) Whoever affixes to a motor vehicle a theft pre17 vention decal or other device, or a replica thereof, unless

18 authorized to do so pursuant to the Motor Vehicle Theft

19 Prevention Act, shall be punished by a fine not to exceed

20 $1,000.

21 ‘‘(b) For purposes of this section, the term ‘theft pre22 vention decal or device’ means a decal or other device de23 signed in accordance with a uniform design for such de24 vices developed pursuant to the Motor Vehicle Theft Pre25 vention Act.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 25 of title 18,

3 United States Code, is amended by adding imme4 diately after the item for section 511 the following:

‘‘511A. Unauthorized application of theft prevention decal or device.’’.

5 TITLE XIX—PROTECTIONS FOR

6 THE ELDERLY

7 SEC. 1901. MISSING ALZHEIMER’S DISEASE PATIENT ALERT

8 PROGRAM.

9 (a) GRANT.—The Attorney General shall award a

10 grant to an eligible organization to assist the organization

11 in paying for the costs of planning, designing, establishing,

12 and operating a Missing Alzheimer’s Disease Patient Alert

13 Program, which shall be a locally based, proactive program

14 to protect and locate missing patients with Alzheimer’s

15 disease and related dementias.

16 (b) APPLICATION.—To be eligible to receive a grant

17 under subsection (a), an organization shall submit an ap18 plication to the Attorney General at such time, in such

19 manner, and containing such information as the Attorney

20 General may require, including, at a minimum, an assur21 ance that the organization will obtain and use assistance

22 from private nonprofit organizations to support the pro23 gram.

24 (c) ELIGIBLE ORGANIZATION.—The Attorney Gen25 eral shall award the grant described in subsection (a) to
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1 a national voluntary organization that has a direct link

2 to patients, and families of patients, with Alzheimer’s dis3 ease and related dementias.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated to carry out this section

6 $1,000,000 for each of fiscal years 1994, 1995, and 1996.

7 SEC. 1902. CRIMES AGAINST THE ELDERLY.

8 (a) IN GENERAL.—Pursuant to its authority under

9 the Sentencing Reform Act of 1984 and section 21 of the

10 Sentencing Act of 1987 (including its authority to amend

11 the sentencing guidelines and policy statements) and its

12 authority to make such amendments on an emergency

13 basis, the United States Sentencing Commission shall en14 sure that the applicable guideline range for a defendant

15 convicted of a crime of violence against an elderly victim

16 is sufficiently stringent to deter such a crime, to protect

17 the public from additional crimes of such a defendant, and

18 to adequately reflect the heinous nature of such an of19 fense.

20 (b) CRITERIA.—In carrying out subsection (a), the

21 United States Sentencing Commission shall ensure that—

22 (1) the guidelines provide for increasingly se23 vere punishment for a defendant commensurate with

24 the degree of physical harm caused to the elderly

25 victim;
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1 (2) the guidelines take appropriate account of

2 the vulnerability of the victim; and

3 (3) the guidelines provide enhanced punishment

4 for a defendant convicted of a crime of violence

5 against an elderly victim who has previously been

6 convicted of a crime of violence against an elderly

7 victim, regardless of whether the conviction occurred

8 in Federal or State court.

9 (c) DEFINITIONS.—As used in this section—

10 (1) the term ‘‘crime of violence’’ means an of11 fense under section 113, 114, 1111, 1112, 1113,

12 1117, 2241, 2242, or 2244 of title 18, United States

13 Code; and

14 (2) the term ‘‘elderly victim’’ means a victim

15 who is 65 years of age or older at the time of an

16 offense.

17 TITLE XX—CONSUMER

18 PROTECTION

19 SEC. 2001. CRIMES BY OR AFFECTING PERSONS ENGAGED

20 IN THE BUSINESS OF INSURANCE WHOSE AC21 TIVITIES AFFECT INTERSTATE COMMERCE.

22 (a) IN GENERAL.—Chapter 47 of title 18, United

23 States Code, is amended by adding at the end thereof the

24 following new sections:
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1 ‘‘§ 1033. Crimes by or affecting persons engaged in

2 the business of insurance whose activi3 ties affect interstate commerce

4 ‘‘(a)(1) Whoever is engaged in the business of insur5 ance whose activities affect interstate commerce and, with

6 the intent to deceive, knowingly makes any false material

7 statement or report or willfully and materially overvalues

8 any land, property or security—

9 ‘‘(A) in connection with any financial reports or

10 documents presented to any insurance regulatory of11 ficial or agency or an agent or examiner appointed

12 by such official or agency to examine the affairs of

13 such person, and

14 ‘‘(B) for the purpose of influencing the actions

15 of such official or agency or such an appointed agent

16 or examiner,

17 shall be punished as provided in paragraph (2).

18 ‘‘(2) The punishment for an offense under paragraph

19 (1) is a fine as established under this title or imprison20 ment for not more than 10 years, or both, except that

21 the term of imprisonment shall be not more than 15 years

22 if the statement or report or overvaluing of land, property,

23 or security jeopardizes the safety and soundness of an in24 surer.

25 ‘‘(b)(1) Whoever—
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1 ‘‘(A) acting as, or being an officer, director,

2 agent, or employee of, any person engaged in the

3 business of insurance whose activities affect inter4 state commerce, or

5 ‘‘(B) is engaged in the business of insurance

6 whose activities affect interstate commerce or is in7 volved (other than as an insured or beneficiary

8 under a policy of insurance) in a transaction relating

9 to the conduct of affairs of such a business,

10 willfully embezzles, abstracts, purloins, or misappropriates

11 any of the moneys, funds, premiums, credits, or other

12 property of such person so engaged shall be punished as

13 provided in paragraph (2).

14 ‘‘(2) The punishment for an offense under paragraph

15 (1) is a fine as provided under this title or imprisonment

16 for not more than 10 years, or both, except that if such

17 embezzlement, abstraction, purloining, or misappropria18 tion described in paragraph (1) jeopardizes the safety and

19 soundness of an insurer, such imprisonment shall be not

20 more than 15 years. If the amount or value so embezzled,

21 abstracted, purloined, or misappropriated does not exceed

22 $5,000, whoever violates paragraph (1) shall be fined as

23 provided in this title or imprisoned not more than one

24 year, or both.
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1 ‘‘(c)(1) Whoever is engaged in the business of insur2 ance and whose activities affect interstate commerce or is

3 involved (other than as an insured or beneficiary under

4 a policy of insurance) in a transaction relating to the con5 duct of affairs of such a business, knowingly makes any

6 false entry of material fact in any book, report, or state7 ment of such person engaged in the business of insurance

8 with intent to—

9 ‘‘(A) deceive any person about the financial

10 condition or solvency of such business, or

11 ‘‘(B) deceive any officer, employee, or agent of

12 such person engaged in the business of insurance,

13 any insurance regulatory official or agency, or any

14 agent or examiner appointed by such official or

15 agency to examine the affairs of such person about

16 the financial condition or solvency of such business,

17 shall be punished as provided in paragraph (2).

18 ‘‘(2) The punishment for an offense under paragraph

19 (1) is a fine as provided under this title or imprisonment

20 for not more than 10 years, or both, except that if the

21 false entry in any book, report, or statement of such per22 son jeopardizes the safety and soundness of an insurer,

23 such imprisonment shall be not more than 15 years.

24 ‘‘(d) Whoever, by threats or force or by any threaten25 ing letter or communication, corruptly influences, ob-
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1 structs, or impedes or endeavors corruptly to influence, ob2 struct, or impede the due and proper administration of

3 the law under which any proceeding involving the business

4 of insurance whose activities affect interstate commerce

5 is pending before any insurance regulatory official or

6 agency or any agent or examiner appointed by such official

7 or agency to examine the affairs of a person engaged in

8 the business of insurance whose activities affect interstate

9 commerce, shall be fined as provided in this title or impris10 oned not more than 10 years, or both.

11 ‘‘(e)(1)(A) Any individual who has been convicted of

12 any criminal felony involving dishonesty or a breach of

13 trust, or who has been convicted of an offense under this

14 section, and who willfully engages in the business of insur15 ance whose activities affect interstate commerce or partici16 pates in such business, shall be fined as provided in this

17 title or imprisoned not more than 5 years, or both.

18 ‘‘(B) Any individual who is engaged in the business

19 of insurance whose activities affect interstate commerce

20 and who willfully permits the participation described in

21 subparagraph (A) shall be fined as provided in this title

22 or imprisoned not more than 5 years, or both.

23 ‘‘(2) A person described in paragraph (1)(A) may en24 gage in the business of insurance or participate in such

25 business if such person has the written consent of any in-
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1 surance regulatory official authorized to regulate the in2 surer, which consent specifically refers to this subsection.

3 ‘‘(f) As used in this section—

4 ‘‘(1) the term ‘business of insurance’ means—

5 ‘‘(A) the writing of insurance, or

6 ‘‘(B) the reinsuring of risks,

7 by an insurer, including all acts necessary or inci8 dental to such writing or reinsuring and the activi9 ties of persons who act as, or are, officers, directors,

10 agents, or employees of insurers or who are other

11 persons authorized to act on behalf of such persons;

12 ‘‘(2) the term ‘insurer’ means any entity the

13 business activity of which is the writing of insurance

14 or the reinsuring of risks or any receiver or similar

15 official or any liquidating agent for such an entity,

16 in his or her capacity as such, and includes any per17 son who acts as, or is, an officer, director, agent, or

18 employee of that business;

19 ‘‘(3) the term ‘interstate commerce’ means—

20 ‘‘(A) commerce within the District of Co21 lumbia, or any territory or possession of the

22 United States;

23 ‘‘(B) all commerce between any point in

24 the State, territory, possession, or the District

25 of Columbia and any point outside thereof;
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1 ‘‘(C) all commerce between points within

2 the same State through any place outside such

3 State; or

4 ‘‘(D) all other commerce over which the

5 United States has jurisdiction; and

6 ‘‘(4) the term ‘State’ includes any State, the

7 District of Columbia, the Commonwealth of Puerto

8 Rico, the Northern Mariana Islands, the Virgin Is9 lands, American Samoa, and the Trust Territory of

10 the Pacific Islands.

11 ‘‘§ 1034. Civil penalties and injunctions for violations

12 of section 1033

13 ‘‘(a) The Attorney General may bring a civil action

14 in the appropriate United States district court against any

15 person who engages in conduct constituting an offense

16 under section 1033 and, upon proof of such conduct by

17 a preponderance of the evidence, such person shall be sub18 ject to a civil penalty of not more than $50,000 for each

19 violation or the amount of compensation which the person

20 received or offered for the prohibited conduct, whichever

21 amount is greater. If the offense has contributed to the

22 decision of a court of appropriate jurisdiction to issue an

23 order directing the conservation, rehabilitation, or liquida24 tion of an insurer, such penalty shall be remitted to the

25 regulatory official for the benefit of the policyholders,
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1 claimants, and creditors of such insurer. The imposition

2 of a civil penalty under this subsection does not preclude

3 any other criminal or civil statutory, common law, or ad4 ministrative remedy, which is available by law to the Unit5 ed States or any other person.

6 ‘‘(b) If the Attorney General has reason to believe

7 that a person is engaged in conduct constituting an of8 fense under section 1033, the Attorney General may peti9 tion an appropriate United States district court for an

10 order prohibiting that person from engaging in such con11 duct. The court may issue an order prohibiting that person

12 from engaging in such conduct if the court finds that the

13 conduct constitutes such an offense. The filing of a peti14 tion under this section does not preclude any other remedy

15 which is available by law to the United States or any other

16 person.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 47 of such title is amended

19 by adding at the end the following new item:

‘‘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.’’.

20 (c) MISCELLANEOUS AMENDMENTS TO TITLE 18,

21 UNITED STATES CODE.—(1) TAMPERING WITH INSUR22 ANCE REGULATORY PROCEEDINGS.—Section 1515(a)(1)

23 of title 18, United States Code, is amended—
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1 (A) by striking ‘‘or’’ at the end of subpara2 graph (B);

3 (B) by inserting ‘‘or’’ at the end of subpara4 graph (C); and

5 (C) by adding at the end the following new sub6 paragraph:

7 ‘‘(D) a proceeding involving the business of

8 insurance whose activities affect interstate com9 merce before any insurance regulatory official

10 or agency or any agent or examiner appointed

11 by such official or agency to examine the affairs

12 of any person engaged in the business of insur13 ance whose activities affect interstate com14 merce;’’.

15 (2) LIMITATIONS.—Section 3293 of such title is

16 amended by inserting ‘‘1033,’’ after ‘‘1014,’’.

17 (3) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.—

18 Section 1510 of title 18, United States Code, is amended

19 by adding at the end the following new subsection:

20 ‘‘(d)(1) Whoever—

21 ‘‘(A) acting as, or being, an officer, director,

22 agent or employee of a person engaged in the busi23 ness of insurance whose activities affect interstate

24 commerce, or
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1 ‘‘(B) is engaged in the business of insurance

2 whose activities affect interstate commerce or is in3 volved (other than as an insured or beneficiary

4 under a policy of insurance) in a transaction relating

5 to the conduct of affairs of such a business,

6 with intent to obstruct a judicial proceeding, directly or

7 indirectly notifies any other person about the existence or

8 contents of a subpoena for records of that person engaged

9 in such business or information that has been furnished

10 to a Federal grand jury in response to that subpoena, shall

11 be fined as provided by this title or imprisoned not more

12 than 5 years, or both.

13 ‘‘(2) As used in paragraph (1), the term ‘subpoena

14 for records’ means a Federal grand jury subpoena for

15 records that has been served relating to a violation of, or

16 a conspiracy to violate, section 1033 of this title.’’.

17 SEC. 2002. CONSUMER PROTECTION AGAINST CREDIT CARD

18 FRAUD ACT OF 1993.

19 (a) FRAUD AND RELATED ACTIVITY IN CONNECTION

20 WITH ACCESS DEVICES.—Section 1029 of title 18, United

21 States Code, is amended—

22 (1) in subsection (a) by inserting after para23 graph (4) the following new paragraphs:

24 ‘‘(5) knowingly and with intent to defraud ef25 fects transactions, with one or more access devices
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1 issued to another person or persons, to receive pay2 ment or any other thing of value during any one3 year period the aggregate value of which is equal to

4 or greater than $1,000;

5 ‘‘(6) without the authorization of the issuer of

6 the access device, knowingly and with intent to de7 fraud solicits a person for the purpose of—

8 ‘‘(A) offering an access device; or

9 ‘‘(B) selling information regarding or an

10 application to obtain an access device; or

11 ‘‘(7) without the authorization of the credit

12 card system member or its agent, knowingly and

13 with intent to defraud causes or arranges for an14 other person to present to the member or its agent,

15 for payment, one or more evidences or records of

16 transactions made by an access device;’’.

17 (b) TECHNICAL AMENDMENTS.—Section 1029 of

18 title 18, United States Code, as amended by subsection

19 (b), is amended—

20 (1) in subsection (a) by striking ‘‘or’’ at the end

21 of paragraph (3);

22 (2) in subsection (c)(1) by striking ‘‘(a)(2) or

23 (a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;

24 and

25 (3) in subsection (e) by—
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1 (A) striking ‘‘and’’ at the end of paragraph

2 (5);

3 (B) adding ‘‘and’’ at the end of paragraph

4 (6); and

5 (C) adding at the end thereof the following

6 new paragraph:

7 ‘‘(7) the term ‘credit card system member’

8 means a financial institution or other entity that is

9 a member of a credit card system, including an en10 tity, whether it is affiliated with or identical to the

11 credit card issuer, that is the sole member of a cred12 it card system.’’.

13 SEC. 2003. MAIL FRAUD.

14 Section 1341 of title 18, United States Code, is

15 amended—

16 (1) by inserting ‘‘or deposits or causes to be de17 posited any matter or thing whatever to be sent or

18 delivered by any private or commercial interstate

19 carrier,’’ after ‘‘Postal Service,’’; and

20 (2) by inserting ‘‘or such carrier’’ after ‘‘causes

21 to be delivered by mail’’.
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1 TITLE XXI—SENTENCING

2 PROVISIONS

3 SEC. 2101. IMPOSITION OF SENTENCE.

4 Section 3553(a)(4) of title 18, United States Code,

5 is 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

9 committed by the applicable category of defend10 ant as set forth in the guidelines issued by the

11 Sentencing Commission pursuant to section

12 994(a)(1) of title 28, United States Code, and

13 that are in effect on the date the defendant is

14 sentenced; or

15 ‘‘(B) in the case of a violation of probation

16 or supervised release, the applicable guidelines

17 or policy statements issued by the Sentencing

18 Commission pursuant to section 994(a)(3) of

19 title 28, United States Code.’’.

20 SEC. 2102. TECHNICAL AMENDMENT TO MANDATORY CON21 DITIONS OF PROBATION.

22 Section 3563(a)(3) of title 18, United States Code,

23 is amended by striking ‘‘possess illegal controlled sub24 stances’’ and inserting ‘‘unlawfully possess a controlled

25 substance’’.
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1 SEC. 2103. REVOCATION OF PROBATION.

2 (a) IN GENERAL.—Section 3565(a) of title 18, Unit3 ed States Code, is amended—

4 (1) in paragraph (2) by striking ‘‘impose any

5 other sentence that was available under subchapter

6 A at the time of the initial sentencing’’ and inserting

7 ‘‘resentence the defendant under subchapter A’’; and

8 (2) by striking the last sentence.

9 (b) MANDATORY REVOCATION.—Section 3565(b) of

10 title 18, United States Code, is amended to read as fol11 lows:

12 ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF

13 CONTROLLED SUBSTANCE OR FIREARM OR REFUSAL TO

14 COMPLY WITH DRUG TESTING.—If the defendant—

15 ‘‘(1) possesses a controlled substance in viola16 tion of the condition set forth in section 3563(a)(3);

17 ‘‘(2) possesses a firearm, as such term is de18 fined in section 921 of this title, in violation of Fed19 eral law, or otherwise violates a condition of proba20 tion prohibiting the defendant from possessing a

21 firearm; or

22 ‘‘(3) refuses to comply with drug testing, there23 by violating the condition imposed by section

24 3563(a)(4),
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1 the court shall revoke the sentence of probation and

2 resentence the defendant under subchapter A to a sen3 tence that includes a term of imprisonment.’’.

4 SEC. 2104. REVOCATION OF SUPERVISED RELEASE AFTER

5 IMPRISONMENT.

6 Section 3583 of title 18, United States Code, is

7 amended—

8 (1) in subsection (d), by striking ‘‘possess ille9 gal controlled substances’’ and inserting ‘‘unlawfully

10 possess a controlled substance’’;

11 (2) in subsection (e)—

12 (A) by striking ‘‘person’’ each place such

13 term appears in such subsection and inserting

14 ‘‘defendant’’; and

15 (B) by amending paragraph (3) to read as

16 follows:

17 ‘‘(3) revoke a term of supervised release, and

18 require the defendant to serve in prison all or part

19 of the term of supervised release authorized by stat20 ute for the offense that resulted in such term of su21 pervised release without credit for time previously

22 served on postrelease supervision, if the court, pur23 suant to the Federal Rules of Criminal Procedure

24 applicable to revocation of probation or supervised

25 release, finds by a preponderance of the evidence
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1 that the defendant violated a condition of supervised

2 release, except that a defendant whose term is re3 voked under this paragraph may not be required to

4 serve more than 5 years in prison if the offense that

5 resulted in the term of supervised release is a class

6 A felony, more than 3 years in prison if such offense

7 is a class B felony, more than 2 years in prison if

8 such offense is a class C or D felony, or more than

9 one year in any other case; or’’; and

10 (3) by striking subsection (g) and inserting the

11 following:

12 ‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF

13 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

14 TO COMPLY WITH DRUG TESTING.—If the defendant—

15 ‘‘(1) possesses a controlled substance in viola16 tion of the condition set forth in subsection (d);

17 ‘‘(2) possesses a firearm, as such term is de18 fined in section 921 of this title, in violation of Fed19 eral law, or otherwise violates a condition of super20 vised release prohibiting the defendant from possess21 ing a firearm; or

22 ‘‘(3) refuses to comply with drug testing im23 posed as a condition of supervised release;

24 the court shall revoke the term of supervised release and

25 require the defendant to serve a term of imprisonment not
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1 to exceed the maximum term of imprisonment authorized

2 under subsection (e)(3).

3 ‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA4 TION.—When a term of supervised release is revoked and

5 the defendant is required to serve a term of imprisonment

6 that is less than the maximum term of imprisonment au7 thorized under subsection (e)(3), the court may include

8 a requirement that the defendant be placed on a term of

9 supervised release after imprisonment. The length of such

10 a term of supervised release shall not exceed the term of

11 supervised release authorized by statute for the offense

12 that resulted in the original term of supervised release,

13 less any term of imprisonment that was imposed upon rev14 ocation of supervised release.

15 ‘‘(i) DELAYED REVOCATION.—The power of the court

16 to revoke a term of supervised release for violation of a

17 condition of supervised release, and to order the defendant

18 to serve a term of imprisonment and, subject to the limita19 tions in subsection (h), a further term of supervised re20 lease, extends beyond the expiration of the term of super21 vised release for any period reasonably necessary for the

22 adjudication of matters arising before its expiration if, be23 fore its expiration, a warrant or summons has been issued

24 on the basis of an allegation of such a violation.’’.
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1 SEC. 2105. AUTHORIZATION OF PROBATION FOR PETTY OF2 FENSES IN CERTAIN CASES.

3 Section 3561(a)(3) of title 18, United States Code,

4 is amended by adding at the end: ‘‘However, this para5 graph does not preclude the imposition of a sentence to

6 a term of probation for a petty offense if the defendant

7 has been sentenced to a term of imprisonment at the same

8 time for another such offense.’’.

9 TITLE XXII—COMPUTER CRIME

10 SEC. 2201. COMPUTER ABUSE AMENDMENTS.

11 (a) PROHIBITION.—Section 1030(a)(5) of title 18,

12 United States Code, is amended to read as follows:

13 ‘‘(5)(A) through means of a computer used in

14 interstate commerce or communications, knowingly

15 causes the transmission of a program, information,

16 code, or command to a computer or computer sys17 tem if—

18 ‘‘(i) the person causing the transmission

19 intends that such transmission will—

20 ‘‘(I) damage, or cause damage to, a

21 computer, computer system, network, in22 formation, data, or program; or

23 ‘‘(II) withhold or deny, or cause the

24 withholding or denial, of the use of a com25 puter, computer services, system or net26 work, information, data or program; and
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1 ‘‘(ii) the transmission of the harmful com2 ponent of the program, information, code, or

3 command—

4 ‘‘(I) occurred without the knowledge

5 and authorization of the persons or entities

6 who own or are responsible for the com7 puter system receiving the program, infor8 mation, code, or command; and

9 ‘‘(II)(aa) causes loss or damage to one

10 or more other persons of value aggregating

11 $1,000 or more during any 1-year period;

12 or

13 ‘‘(bb) modifies or impairs, or poten14 tially modifies or impairs, the medical ex15 amination, medical diagnosis, medical

16 treatment, or medical care of one or more

17 individuals; or

18 ‘‘(B) through means of a computer used in

19 interstate commerce or communication, knowingly

20 causes the transmission of a program, information,

21 code, or command to a computer or computer sys22 tem—

23 ‘‘(i) with reckless disregard of a substan24 tial and unjustifiable risk that the transmission

25 will—
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1 ‘‘(I) damage, or cause damage to, a

2 computer, computer system, network, in3 formation, data or program; or

4 ‘‘(II) withhold or deny or cause the

5 withholding or denial of the use of a com6 puter, computer services, system, network,

7 information, data or program; and

8 ‘‘(ii) if the transmission of the harmful

9 component of the program, information, code,

10 or command—

11 ‘‘(I) occurred without the knowledge

12 and authorization of the persons or entities

13 who own or are responsible for the com14 puter system receiving the program, infor15 mation, code, or command; and

16 ‘‘(II)(aa) causes loss or damage to one

17 or more other persons of a value aggregat18 ing $1,000 or more during any 1-year pe19 riod; or

20 ‘‘(bb) modifies or impairs, or poten21 tially modifies or impairs, the medical ex22 amination, medical diagnosis, medical

23 treatment, or medical care of one or more

24 individuals.’’.
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1 (b) PENALTY.—Section 1030(c) of title 18, United

2 States Code is amended—

3 (1) in paragraph (2)(B) by striking ‘‘and’’ after

4 the semicolon;

5 (2) in paragraph (3)(A) by inserting ‘‘(A)’’

6 after ‘‘(a)(5)’’;

7 (3) in paragraph (3)(B) by striking the period

8 at the end thereof and inserting ‘‘; and’’; and

9 (4) by adding at the end thereof the following:

10 ‘‘(4) a fine under this title or imprisonment for

11 not more than 1 year, or both, in the case of an of12 fense under subsection (a)(5)(B).’’.

13 (c) CIVIL ACTION.—Section 1030 of title 18, United

14 States Code, is amended by adding at the end thereof the

15 following new subsection:

16 ‘‘(g) Any person who suffers damage or loss by rea17 son of a violation of the section, other than a violation

18 of subsection (a)(5)(B), may maintain a civil action

19 against the violator to obtain compensatory damages and

20 injunctive relief or other equitable relief. Damages for vio21 lations of any subsection other than subsection

22 (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to

23 economic damages. No action may be brought under this

24 subsection unless such action is begun within 2 years of
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1 the date of the act complained of or the date of the discov2 ery of the damage.’’.

3 (d) REPORTING REQUIREMENTS.—Section 1030 of

4 title 18 United States Code, is amended by adding at the

5 end thereof the following new subsection:

6 ‘‘(h) The Attorney General and the Secretary of the

7 Treasury shall report to the Committees on the Judiciary

8 of the Senate and the House of Representatives annually,

9 during the first 3 years following the date of the enact10 ment of this subsection, concerning investigations and

11 prosecutions under section 1030(a)(5) of title 18, United

12 States Code.’’.

13 (e) PROHIBITION.—Section 1030(a)(3) of title 18

14 United States Code, is amended by inserting ‘‘adversely’’

15 before ‘‘affects the use of the Government’s operation of

16 such computer’’.

17 TITLE XXIII—INTERNATIONAL

18 PARENTAL KIDNAPPING

19 SEC. 2301. TITLE 18 AMENDMENT.

20 (a) IN GENERAL.—Chapter 55 (relating to kidnap21 ping) of title 18, United States Code, is amended by add22 ing at the end the following:

23 ‘‘§ 1204. International parental kidnapping

24 ‘‘(a) Whoever removes a child from the United States

25 or retains a child (who has been in the United States)
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1 outside the United States with intent to obstruct the law2 ful exercise of parental rights shall be fined under this

3 title or imprisoned not more than 3 years, or both.

4 ‘‘(b) As used in this section—

5 ‘‘(1) the term ‘child’ means a person who has

6 not attained the age of 16 years; and

7 ‘‘(2) the term ‘parental rights’, with respect to

8 a child, means the right to physical custody of the

9 child—

10 ‘‘(A) whether joint or sole (and includes

11 visiting rights); and

12 ‘‘(B) whether arising by operation of law,

13 court order, or legally binding agreement of the

14 parties.

15 ‘‘(c) It shall be an affirmative defense under this sec16 tion that—

17 ‘‘(1) the defendant acted within the provisions

18 of a valid court order granting the defendant legal

19 custody or visitation rights and that order was ob20 tained pursuant to the Uniform Child Custody Ju21 risdiction Act and was in effect at the time of the

22 offense;

23 ‘‘(2) the defendant was fleeing an incidence or

24 pattern of domestic violence; or
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1 ‘‘(3) the defendant had physical custody of the

2 child pursuant to a court order granting legal cus3 tody or visitation rights and failed to return the

4 child as a result of circumstances beyond the defend5 ant’s control, and the defendant notified or made

6 reasonable attempts to notify the other parent or

7 lawful custodian of the child of such circumstances

8 within 24 hours after the visitation period had ex9 pired and returned the child as soon as possible.

10 ‘‘(d) This section does not detract from The Hague

11 Convention on the Civil Aspects of International Parental

12 Child Abduction, done at The Hague on October 25,

13 1980.’’.

14 (b) SENSE OF THE CONGRESS.—It is the sense of

15 the Congress that, inasmuch as use of the procedures

16 under the Hague Convention on the Civil Aspects of Inter17 national Parental Child Abduction has resulted in the re18 turn of many children, those procedures, in circumstances

19 in which they are applicable, should be the option of first

20 choice for a parent who seeks the return of a child who

21 has been removed from the parent.

22 (c) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of chapter 55 of title 18, United States

24 Code, is amended by adding at the end the following:

‘‘1204. International parental kidnapping.’’.
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1 SEC. 2302. STATE COURT PROGRAMS REGARDING INTER2 STATE AND INTERNATIONAL PARENTAL

3 CHILD ABDUCTION.

4 There is authorized to be appropriated $250,000 to

5 carry out under the State Justice Institute Act of 1984

6 (42 U.S.C. 10701–10713) national, regional, and in-State

7 training and educational programs dealing with criminal

8 and civil aspects of interstate and international parental

9 child abduction.

10 TITLE XXIV—SAFE SCHOOLS

11 SEC. 2401. SAFE SCHOOLS.

12 (a) IN GENERAL.—Title I of the Omnibus Crime

13 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

14 et seq.), is amended—

15 (1) by redesignating part X as part Y;

16 (2) by redesignating section 2401 as section

17 2501; and

18 (3) by inserting after part W the following:

19 ‘‘PART X—SAFE SCHOOLS ASSISTANCE

20 ‘‘SEC. 2401. GRANT AUTHORIZATION.

21 ‘‘(a) IN GENERAL.—The Director of the Bureau of

22 Justice Assistance, in consultation with the Secretary of

23 Education, may make grants to local educational agencies

24 for the purpose of providing assistance to such agencies

25 most directly affected by crime and violence.
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1 ‘‘(b) MODEL PROJECT.—The Director, in consulta2 tion with the Secretary of Education, shall develop a writ3 ten safe schools model in English and in Spanish in a

4 timely fashion and make such model available to any local

5 educational agency that requests such information.

6 ‘‘SEC. 2402. USE OF FUNDS.

7 ‘‘Grants made by the Director under this part shall

8 be used—

9 ‘‘(1) to fund anticrime and safety measures and

10 to develop education and training programs for the

11 prevention of crime, violence, and illegal drugs and

12 alcohol;

13 ‘‘(2) for counseling programs for victims of

14 crime within schools;

15 ‘‘(3) for crime prevention equipment, including

16 metal detectors and video-surveillance devices; and

17 ‘‘(4) for the prevention and reduction of the

18 participation of young individuals in organized crime

19 and drug and gang-related activities in schools.

20 ‘‘SEC. 2403. APPLICATIONS.

21 ‘‘(a) IN GENERAL.—In order to be eligible to receive

22 a grant under this part for any fiscal year, a local edu23 cational agency shall submit an application to the Director

24 in such form and containing such information as the Di25 rector may reasonably require.
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1 ‘‘(b) REQUIREMENTS.—Each application under sub2 section (a) shall include—

3 ‘‘(1) a request for funds for the purposes de4 scribed in section 2402 of the Violent Crime Control

5 and Law Enforcement Act of 1993;

6 ‘‘(2) a description of the schools and commu7 nities to be served by the grant, including the nature

8 of the crime and violence problems within such

9 schools;

10 ‘‘(3) assurances that Federal funds received

11 under this part shall be used to supplement, not

12 supplant, non-Federal funds that would otherwise be

13 available for activities funded under this part; and

14 ‘‘(4) statistical information in such form and

15 containing such information that the Director may

16 require regarding crime within schools served by

17 such local educational agency.

18 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

19 include a comprehensive plan that shall contain—

20 ‘‘(1) a description of the crime problems within

21 the schools targeted for assistance;

22 ‘‘(2) a description of the projects to be devel23 oped;

24 ‘‘(3) a description of the resources available in

25 the community to implement the plan together with
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1 a description of the gaps in the plan that cannot be

2 filed with existing resources;

3 ‘‘(4) an explanation of how the requested grant

4 will be used to fill gaps;

5 ‘‘(5) a description of the system the applicant

6 will establish to prevent and reduce crime problems;

7 and

8 ‘‘(6) a description of educational materials to be

9 developed in Spanish.

10 ‘‘SEC. 2404. ALLOCATION OF FUNDS; LIMITATIONS ON

11 GRANTS.

12 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di13 rector shall use not more than 5 percent of the funds avail14 able under this part for the purposes of administration

15 and technical assistance.

16 ‘‘(b) RENEWAL OF GRANTS.—A grant under this

17 part may be renewed for up to 2 additional years after

18 the first fiscal year during which the recipient receives its

19 initial grant under this part, subject to the availability of

20 funds, if—

21 ‘‘(1) the Director determines that the funds

22 made available to the recipient during the previous

23 year were used in a manner required under the ap24 proved application; and
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1 ‘‘(2) the Director determines that an additional

2 grant is necessary to implement the crime prevention

3 program described in the comprehensive plan as re4 quired by section 2403(c) of the Violent Crime Con5 trol and Law Enforcement Act of 1993.

6 ‘‘SEC. 2405. AWARD OF GRANTS.

7 ‘‘(a) SELECTION OF RECIPIENTS.—The Director, in

8 consultation with the Secretary of Education, shall con9 sider the following factors in awarding grants to local edu10 cational agencies:

11 ‘‘(1) CRIME PROBLEM.—The nature and scope

12 of the crime problem in the targeted schools.

13 ‘‘(2) NEED AND ABILITY.—Demonstrated need

14 and evidence of the ability to provide the services de15 scribed in the plan required under section 2403(c) of

16 the Violent Crime Control and Law Enforcement

17 Act of 1993.

18 ‘‘(3) POPULATION.—The number of students to

19 be served by the plan required under section

20 2403(c).

21 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

22 shall attempt, to the extent practicable, to achieve an equi23 table geographic distribution of grant awards.
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1 ‘‘SEC. 2406. REPORTS.

2 ‘‘(a) REPORT TO DIRECTOR.—Local educational

3 agencies that receive funds under this part shall submit

4 to the Director a report not later than March 1 of each

5 year that describes progress achieved in carrying out the

6 plan required under section 2403(c) of the Violent Crime

7 Control and Law Enforcement Act of 1993.

8 ‘‘(b) REPORT TO CONGRESS.—The Director shall

9 submit to the House Committee on Education and Labor,

10 the Senate Committee on Labor and Human Resources,

11 and the Committees on the Judiciary of the Senate and

12 the House of Representatives a report by October 1 of

13 each year in which grants are made available under this

14 part which shall contain a detailed statement regarding

15 grant awards, activities of grant recipients, a compilation

16 of statistical information submitted by applicants under

17 2403(b)(4) of the Violent Crime Control and Law En18 forcement Act of 1993, and an evaluation of programs es19 tablished under this part.

20 ‘‘SEC. 2407. DEFINITIONS.

21 ‘‘For the purpose of this part:

22 ‘‘(1) The term ‘Director’ means the Director of

23 the Bureau of Justice Assistance.

24 ‘‘(2) The term ‘local educational agency’ means

25 a public board of education or other public authority

26 legally constituted within a State for either adminis-
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1 trative control or direction of, or to perform a serv2 ice function for, public elementary and secondary

3 schools in a city, county, township, school district, or

4 other political subdivision of a State, or such com5 bination of school districts of counties as are recog6 nized in a State as an administrative agency for its

7 public elementary and secondary schools. Such term

8 includes any other public institution or agency hav9 ing administrative control and direction of a public

10 elementary or secondary school.’’.

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of title I of the Omnibus Crime Control and Safe

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

14 by striking the matter relating to part X and inserting

15 the following:

‘‘PART X—SAFE SCHOOLS ASSISTANCE

‘‘Sec. 2401. Grant authorization.

‘‘Sec. 2402. Use of funds.

‘‘Sec. 2403. Applications.

‘‘Sec. 2404. Allocation of funds; limitations on grants.

‘‘Sec. 2405. Award of grants.

‘‘Sec. 2406. Reports.

‘‘Sec. 2407. Definitions.

‘‘PART Y—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.

16 SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.

17 Section 1001(a) of the Omnibus Crime Control and

18 Safe Streets Act of 1968 (42 U.S.C. 3793), is amended

19 by adding after paragraph (17) the following:
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1 ‘‘(18) There are authorized to be appropriated

2 $100,000,000 for each of the fiscal years 1994, 1995, and

3 1996 to carry out the projects under part X.’’.

4 TITLE XXV—FINANCIAL INSTITU5 TIONS FRAUD PROSECUTIONS

6 SEC. 2501. FEDERAL DEPOSIT INSURANCE ACT AMEND7 MENT.

8 Section 19(a) of the Federal Deposit Insurance Act

9 (12 U.S.C. 1829(a)) is amended in paragraph

10 (2)(A)(i)(I)—

11 (1) by striking ‘‘or 1956’’; and

12 (2) by inserting ‘‘1517, 1956, or 1957’’.

13 SEC. 2502. FEDERAL CREDIT UNION ACT AMENDMENTS.

14 Section 205(d) of the Federal Credit Union Act (12

15 U.S.C. 1785(d)) is amended to read as follows:

16 ‘‘(d) PROHIBITION.—

17 ‘‘(1) IN GENERAL.—Except with prior written

18 consent of the Board—

19 ‘‘(A) any person who has been convicted of

20 any criminal offense involving dishonesty or a

21 breach of trust, or has agreed to enter into a

22 pretrial diversion or similar program in connec23 tion with a prosecution for such offense, may

24 not—
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1 ‘‘(i) become, or continue as, an insti2 tution-affiliated party with respect to any

3 insured credit union; or

4 ‘‘(ii) otherwise participate, directly or

5 indirectly, in the conduct of the affairs of

6 any insured credit union; and

7 ‘‘(B) any insured credit union may not

8 permit any person referred to in subparagraph

9 (A) to engage in any conduct or continue any

10 relationship prohibited under such subpara11 graph.

12 ‘‘(2) MINIMUM 10-YEAR PROHIBITION PERIOD

13 FOR CERTAIN OFFENSES.—

14 ‘‘(A) IN GENERAL.—If the offense referred

15 to in paragraph (1)(A) in connection with any

16 person referred to in such paragraph is—

17 ‘‘(i) an offense under—

18 ‘‘(I) section 215, 656, 657, 1005,

19 1006, 1007, 1008, 1014, 1032, 1344,

20 1517, 1956, or 1957 of title 18,

21 United States Code; or

22 ‘‘(II) section 1341 or 1343 of

23 such title which affects any financial

24 institution (as defined in section 20 of

25 such title); or
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1 ‘‘(ii) the offense of conspiring to com2 mit any such offense,

3 the Board may not consent to any exception to

4 the application of paragraph (1) to such person

5 during the 10-year period beginning on the date

6 the conviction or the agreement of the person

7 becomes final.

8 ‘‘(B) EXCEPTION BY ORDER OF SENTENC9 ING COURT.—

10 ‘‘(i) IN GENERAL.—On motion of the

11 Board, the court in which the conviction or

12 the agreement of a person referred to in

13 subparagraph (A) has been entered may

14 grant an exception to the application of

15 paragraph (1) to such person if granting

16 the exception is in the interest of justice.

17 ‘‘(ii) PERIOD FOR FILING.—A motion

18 may be filed under clause (i) at any time

19 during the 10-year period described in sub20 paragraph (A) with regard to the person

21 on whose behalf such motion is made.

22 ‘‘(3) PENALTY.—Whoever knowingly violates

23 paragraph (1) or (2) shall be fined not more than

24 $1,000,000 for each day such prohibition is violated

25 or imprisoned for not more than 5 years, or both.’’.
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1 TITLE XXVI—WHITE COLLAR

2 CRIME AMENDMENTS

3 SEC. 2601. RECEIVING THE PROCEEDS OF EXTORTION OR

4 KIDNAPPING.

5 (a) PROCEEDS OF EXTORTION.—Chapter 41 of title

6 18, United States Code, is amended—

7 (1) by adding at the end the following new sec8 tion:

9 ‘‘§ 880. Receiving the proceeds of extortion

10 ‘‘Whoever receives, possesses, conceals, or disposes of

11 any money or other property which was obtained from the

12 commission of any offense under this chapter that is pun13 ishable by imprisonment for more than one year, knowing

14 the same to have been unlawfully obtained, shall be im15 prisoned not more than three years, fined under this title,

16 or both.’’; and

17 (2) in the table of sections, by adding at the

18 end the following new item:

‘‘880. Receiving the proceeds of extortion.’’.

19 (b) RANSOM MONEY.—Section 1202 of title 18, Unit20 ed States Code, is amended—

21 (1) by designating the existing matter as sub22 section ‘‘(a)’’; and

23 (2) by adding the following new subsections:
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1 ‘‘(b) Whoever transports, transmits, or transfers in

2 interstate or foreign commerce any proceeds of a kidnap3 ping punishable under State law by imprisonment for

4 more than one year, or receives, possesses, conceals, or

5 disposes of any such proceeds after they have crossed a

6 State or United States boundary, knowing the proceeds

7 to have been unlawfully obtained, shall be imprisoned not

8 more than ten years, fined under this title, or both.

9 ‘‘(c) For purposes of this section, the term ‘State’ has

10 the meaning set forth in section 245(d) of this title.’’.

11 SEC. 2602. RECEIVING THE PROCEEDS OF A POSTAL ROB12 BERY.

13 Section 2114 of title 18, United States Code, is

14 amended—

15 (1) by designating the existing matter as sub16 section (a); and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) Whoever receives, possesses, conceals, or dis20 poses of any money or other property which has been ob21 tained in violation of this section, knowing the same to

22 have been unlawfully obtained, shall be imprisoned not

23 more than ten years, fined under this title, or both.’’.
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1 SEC. 2603. CONFORMING ADDITION TO OBSTRUCTION OF

2 CIVIL INVESTIGATIVE DEMAND STATUTE.

3 Section 1505 of title 18, United States Code, is

4 amended by inserting ‘‘section 1968 of this title, section

5 3733 of title 31, United States Code or’’ before ‘‘the Anti6 trust Civil Process Act’’.

7 SEC. 2604. 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. 2605. DEFINITION OF SAVINGS AND LOAN ASSOCIA16 TION IN BANK ROBBERY STATUTE.

17 Section 2113 of title 18, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(h) As used in this section, the term ‘savings and

20 loan association’ means (1) any Federal saving association

21 or State savings association (as defined in section 3(b) of

22 the Federal Deposit Insurance Act, 12 U.S.C. 1813(b))

23 having accounts insured by the Federal Deposit Insurance

24 Corporation, and (2) any corporation described in section

25 3(b)(1)(C) of the Federal Deposit Insurance Act (12
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1 U.S.C. 1813(b)(1)(C)) which is operating under the laws

2 of the United States.’’.

3 SEC. 2606. 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 one-year period’

11 in section 666 of this title.’’.

12 TITLE XXVII—GAMBLING

13 SEC. 2701. CLARIFYING AMENDMENTS REGARDING SCOPE

14 OF PROHIBITION AGAINST GAMBLING ON

15 SHIPS IN INTERNATIONAL WATERS.

16 (a) DEFINITION OF GAMBLING SHIP IN TITLE 18.—

17 The first paragraph of section 1081 of title 18, United

18 States Code, is amended by adding at the end the follow19 ing: ‘‘Such term does not include a vessel with respect to

20 gambling aboard such vessel beyond the territorial waters

21 of the United States during a covered voyage (as defined

22 in section 4472 of the Internal Revenue Code of 1986 as

23 in effect on September 21, 1993).’’.

24 (b) CLARIFICATIONS OF, AND LIMITATIONS ON, GAM25 BLING DEVICES PROHIBITIONS.—
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1 (1) TRANSPORT TO A PLACE IN A STATE,

2 ETC.—Section 2 of the Act of January 2, 1951 (15

3 U.S.C. 1172; commonly referred to as the ‘‘Johnson

4 Act’’), is amended—

5 (A) by inserting before the first paragraph

6 the following: ‘‘(a) GENERAL RULE.—’’;

7 (B) in subsection (a) (as so designated) by

8 striking ‘‘, District of Columbia,’’;

9 (C) by inserting before the second para10 graph the following: ‘‘(b) AUTHORITY OF FED11 ERAL TRADE COMMISSION.—’’; and

12 (D) by adding at the end the following:

13 ‘‘(c) EXCEPTION.—This section does not prohibit the

14 transport of a gambling device to a place in a State or

15 a possession of the United States on a vessel on a voyage,

16 if—

17 ‘‘(1) use of the gambling device on a portion of

18 that voyage is, by reason of subsection (b) of section

19 5, not a violation of that section; and

20 ‘‘(2) the gambling device remains on board that

21 vessel while in that State.’’.

22 (2) REPAIR, OTHER TRANSPORT, ETC.—Section

23 5 of that Act (15 U.S.C. 1175) is amended—

24 (A) by inserting before ‘‘It shall be unlaw25 ful’’ the following: ‘‘(a) GENERAL RULE.—’’;
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1 (B) by inserting before the period at the

2 end the following: ‘‘, including on a vessel docu3 mented under chapter 121 of title 46, United

4 States Code, or documented under the laws of

5 a foreign country’’; and

6 (C) by adding at the end the following:

7 ‘‘(b) EXCEPTION.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), this section does not prohibit—

10 ‘‘(A) the repair, transport, possession, or

11 use of a gambling device on a vessel that is on

12 waters that are not within the boundaries of

13 any State or possession of the United States; or

14 ‘‘(B) the transport or possession, on a voy15 age, of a gambling device on a vessel in waters

16 that are within the boundaries of any State or

17 possession of the United States, if—

18 ‘‘(i) use of the gambling device on a

19 portion of that voyage is, by reason of sub20 paragraph (A), not a violation of this sec21 tion; and

22 ‘‘(ii) the gambling device remains on

23 board that vessel while within the bound24 aries of that State or possession.

25 ‘‘(2) APPLICATION TO CERTAIN VOYAGES.—
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1 ‘‘(A) GENERAL RULE.—Paragraph (1)(A)

2 does not apply to the repair or use of a gam3 bling device on a vessel that is on a voyage or

4 segment of a voyage described in subparagraph

5 (B) of this paragraph if the State or possession

6 of the United States in which the voyage or

7 segment begins and ends has enacted a statute

8 the terms of which prohibit that repair or use

9 on that voyage or segment.

10 ‘‘(B) VOYAGE AND SEGMENT DE11 SCRIBED.—A voyage or segment of a voyage re12 ferred to in subparagraph (A) is a voyage or

13 segment, respectively—

14 ‘‘(i) that begins and ends in the same

15 State or possession of the United States,

16 and

17 ‘‘(ii) during which the vessel does not

18 make an intervening stop in another State

19 or possession of the United States or a for20 eign country.’’.

21 (3) BOUNDARIES DEFINED.—The first section

22 of that Act (15 U.S.C. 1171) is amended by adding

23 at the end the following:
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1 ‘‘(f) The term ‘boundaries’ has the same mean2 ing given that term in section 2 of the Submerged

3 Lands Act (43 U.S.C. 1301).’’.

4 SEC. 2702. CRIMINAL HISTORY RECORD INFORMATION FOR

5 THE ENFORCEMENT OF LAWS RELATING TO

6 GAMING.

7 A State gaming enforcement office located within a

8 State Attorney General’s office may obtain from the Inter9 state Identification Index of the FBI criminal history

10 record information for licensing purposes through an au11 thorized criminal justice agency.

12 TITLE XXVIII—BAIL POSTING

13 REPORTING

14 SEC. 2801. SHORT TITLE.

15 This title may be cited as the ‘‘Illegal Drug Profits

16 Act of 1991’’.

17 SEC. 2802. REQUIRED REPORTING BY CRIMINAL COURT

18 CLERKS.

19 (a) IN GENERAL.—Each clerk of a Federal or State

20 criminal court shall report to the Internal Revenue Serv21 ice, in a form and manner as prescribed by the Secretary

22 of the Treasury, the name and taxpayer identification

23 number of—
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1 (1) any individual charged with any criminal of2 fense who posts cash bail, or on whose behalf cash

3 bail is posted, in an amount exceeding $10,000, and

4 (2) any individual or entity (other than a li5 censed bail bonding individual or entity) posting

6 such cash bail for or on behalf of such individual.

7 (b) CRIMINAL OFFENSES.—For purposes of sub8 section (a), the term ‘‘criminal offense’’ means—

9 (1) any Federal criminal offense involving a

10 controlled substance,

11 (2) racketeering (as defined in section 1951,

12 1952, or 1955 of title 18, United States Code),

13 (3) money laundering (as defined in section

14 1956 or 1957 of title 18, United States Code), or

15 (4) any violation of State criminal law involving

16 offenses substantially similar to the offenses de17 scribed in the preceding paragraphs.

18 (c) COPY TO PROSECUTORS.—Each clerk shall sub19 mit a copy of each report of cash bail described in sub20 section (a) to—

21 (1) the office of the United States Attorney,

22 and

23 (2) the office of the local prosecuting attorney,

24 for the jurisdiction in which the defendant resides
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1 (and the jurisdiction in which the criminal offense

2 occurred, if different).

3 (d) REGULATIONS.—The Secretary of the Treasury

4 shall promulgate such regulations as are necessary within

5 90 days of the enactment of this title.

6 (e) EFFECTIVE DATE.—This section shall become ef7 fective 60 days after the date of the promulgation of regu8 lations under subsection (c).

9 TITLE XXIX—GENERAL IN10 CREASED PENALTY PROVI11 SIONS

12 SEC. 2901. INCREASE IN MAXIMUM PENALTY FOR ASSAULT.

13 (a) CERTAIN OFFICERS AND EMPLOYEES.—Section

14 111 of title 18, United States Code, is amended—

15 (1) in subsection (a) by inserting ‘‘, where the

16 acts in violation of this section constitute only simple

17 assault, be fined under this title or imprisoned not

18 more than one year, or both, and in all other cases,’’

19 after ‘‘shall’’; and

20 (2) in subsection (b) by inserting ‘‘or inflicts

21 bodily injury’’ after ‘‘weapon’’.

22 (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

23 INTERNATIONALLY PROTECTED PERSONS.—Section

24 112(a) of title 18, United States Code, is amended—
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1 (1) by striking ‘‘not more than $5,000’’ and in2 serting ‘‘under this title’’;

3 (2) by inserting ‘‘, or inflicts bodily injury,’’

4 after ‘‘weapon’’; and

5 (3) by striking ‘‘not more than $10,000’’ and

6 inserting ‘‘under this title’’.

7 (c) MARITIME AND TERRITORIAL JURISDICTION.—

8 Section 113 of title 18, United States Code, is amended—

9 (1) in subsection (c)—

10 (A) by striking ‘‘of not more than $1,000’’

11 and inserting ‘‘under this title’’; and

12 (B) by striking ‘‘five’’ and inserting ‘‘ten’’;

13 and

14 (2) in subsection (e)—

15 (A) by striking ‘‘of not more than $300’’

16 and inserting ‘‘under this title’’; and

17 (B) by striking ‘‘three’’ and inserting

18 ‘‘six’’.

19 (d) CONGRESS, CABINET, OR SUPREME COURT.—

20 Section 351(e) of title 18, United States Code, is amend21 ed—

22 (1) by striking ‘‘not more than $5,000,’’ and in23 serting ‘‘under this title,’’;

24 (2) by inserting ‘‘the assault involved in the use

25 of a dangerous weapon, or’’ after ‘‘if’’;
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1 (3) by striking ‘‘not more than $10,000’’ and

2 inserting ‘‘under this title’’; and

3 (4) by striking ‘‘for’’.

4 (e) PRESIDENT AND PRESIDENT’S STAFF.—Section

5 1751(e) of title 18, United States Code, is amended—

6 (1) by striking ‘‘not more than $10,000,’’ both

7 places it appears and inserting ‘‘under this title,’’;

8 (2) by striking ‘‘not more than $5,000,’’ and in9 serting ‘‘under this title,’’; and

10 (3) by inserting ‘‘the assault involved the use of

11 a dangerous weapon, or’’ after ‘‘if’’.

12 SEC. 2902. INCREASED MAXIMUM PENALTY FOR MAN13 SLAUGHTER.

14 Section 1112 of title 18, United States Code, is

15 amended—

16 (1) in subsection (b)—

17 (A) in the first undesignated paragraph,

18 (i) by inserting ‘‘fined under this title

19 or’’ after ‘‘shall be’’; and

20 (ii) by inserting ‘‘, or both’’ after

21 ‘‘years’’; and

22 (B) in the second undesignated paragraph,

23 (i) by striking ‘‘not more than

24 $1,000’’ and inserting ‘‘under this title’’;

25 and
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1 (ii) by striking ‘‘three’’ and inserting

2 ‘‘six’’.

3 SEC. 2903. INCREASED PENALTY FOR CONSPIRACY TO COM4 MIT MURDER FOR HIRE.

5 Section 1958(a) of title 18, United States Code, is

6 amended by inserting ‘‘or who conspires to do so’’ before

7 ‘‘shall be fined’’ the first place it appears.

8 SEC. 2904. INCREASED PENALTIES FOR COUNTERFEITING—

9 OBLIGATIONS OR SECURITIES.

10 The sixth undesignated paragraph of Section 474 of

11 title 18, United States Code, is amended by striking ‘‘is

12 guilty of a class C felony’’ and inserting ‘‘shall be fined

13 under this title or imprisoned not more than 20 years, or

14 both.’’.

15 SEC. 2905. INCREASED PENALTIES FOR TRAFFICKING IN

16 COUNTERFEIT GOODS AND SERVICES.

17 (a) IN GENERAL.—Section 2320(a) of title 18, Unit18 ed States Code, is amended—

19 (1) in the first sentence by striking ‘‘imprisoned

20 not more than five years’’ and inserting ‘‘imprisoned

21 not more than 10 years’’; and

22 (2) in the second sentence by striking ‘‘impris23 oned not more than fifteen years’’ and inserting

24 ‘‘imprisoned not more than 20 years’’.
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1 (b) LAUNDERING MONETARY INSTRUMENTS.—Sec2 tion 1956(c)(7)(D) of title 18, United States Code, is

3 amended by striking ‘‘or section 2319 (relating to copy4 right infringement),’’ and inserting ‘‘section 2319 (relat5 ing to copyright infringement), or section 2320 (relating

6 to trafficking in counterfeit goods and services),’’.

7 SEC. 2906. INCREASED MAXIMUM PENALTIES FOR CIVIL

8 RIGHTS VIOLATIONS.

9 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

10 title 18, United States Code, is amended—

11 (1) by striking ‘‘not more than $10,000’’ and

12 inserting ‘‘under this title’’;

13 (2) by inserting ‘‘from the acts committed in

14 violation of this section or if such acts include kid15 napping or an attempt to kidnap, aggravated sexual

16 abuse or an attempt to commit aggravated sexual

17 abuse, or an attempt to kill’’ after ‘‘results’’;

18 (3) by striking ‘‘subject to imprisonment’’ and

19 inserting ‘‘fined under this title or imprisoned’’; and

20 (4) by inserting ‘‘, or both’’ after ‘‘life’’.

21 (b) DEPRIVATION OF RIGHTS.—Section 242 of title

22 18, United States Code, is amended—

23 (1) by striking ‘‘not more than $1,000’’ and in24 serting ‘‘under this title’’;
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1 (2) by inserting ‘‘from the acts committed in

2 violation of this section or if such acts include the

3 use, attempted use, or threatened use of a dangerous

4 weapon, explosives, or fire,’’ after ‘‘bodily injury re5 sults’’;

6 (3) by inserting ‘‘from the acts committed in

7 violation of this section or if such acts include kid8 napping or an attempt to kidnap, aggravated sexual

9 abuse, or an attempt to commit aggravated sexual

10 abuse, or an attempt to kill, shall be fined under this

11 title, or’’ after ‘‘death results’’;

12 (4) by striking ‘‘shall be subject to imprison13 ment’’ and inserting ‘‘imprisoned’’; and

14 (5) by inserting ‘‘, or both’’ after ‘‘life’’.

15 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

16 245(b) of title 18, United States Code, is amended in the

17 matter following paragraph (5)—

18 (1) by striking ‘‘not more than $1,000’’ and in19 serting ‘‘under this title’’;

20 (2) by inserting ‘‘from the acts committed in

21 violation of this section or if such acts include the

22 use, attempted use, or threatened use of a dangerous

23 weapon, explosives, or fire’’ after ‘‘bodily injury re24 sults’’;
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1 (3) by striking ‘‘not more than $10,000’’ and

2 inserting ‘‘under this title’’;

3 (4) by inserting ‘‘from the acts committed in

4 violation of this section or if such acts include kid5 napping or an attempt to kidnap, aggravated sexual

6 abuse or an attempt to commit aggravated sexual

7 abuse, or an attempt to kill,’’ after ‘‘death results’’;

8 (5) by striking ‘‘subject to imprisonment’’ and

9 inserting ‘‘fined under this title or imprisoned’’; and

10 (6) by inserting ‘‘, or both’’ after ‘‘life’’.

11 (d) DAMAGE TO RELIGIOUS PROPERTY.—Section

12 247 of title 18, United States Code, is amended—

13 (1) in subsection (c)(1) by inserting ‘‘from acts

14 committed in violation of this section or if such acts

15 include kidnapping or an attempt to kidnap, aggra16 vated sexual abuse or an attempt to commit aggra17 vated sexual abuse, or an attempt to kill’’ after

18 ‘‘death results’’;

19 (2) in subsection (c)(2)—

20 (A) by striking ‘‘serious’’; and

21 (B) by inserting ‘‘from the acts committed

22 in violation of this section or if such acts in23 clude the use, attempted use, or threatened use

24 of a dangerous weapon, explosives, or fire’’

25 after ‘‘bodily injury results’’; and
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1 (3) by amending subsection (e) to read as fol2 lows:

3 ‘‘(e) As used in this section, the term ‘religious prop4 erty’ means any church, synagogue, mosque, religious

5 cemetery, or other religious property.’’.

6 (e) FAIR HOUSING ACT.—Section 901 of the Fair

7 Housing Act (42 U.S.C. 3631) is amended—

8 (1) in the caption by striking ‘‘bodily injury;

9 death;’’;

10 (2) by striking ‘‘not more than $1,000,’’ and in11 serting ‘‘under this title’’;

12 (3) by inserting ‘‘from the acts committed in

13 violation of this section or if such acts include the

14 use, attempted use, or threatened use of a dangerous

15 weapon, explosives, or fire’’ after ‘‘bodily injury re16 sults’’;

17 (4) by striking ‘‘not more than $10,000,’’ and

18 inserting ‘‘under this title’’;

19 (5) by inserting ‘‘from the acts committed in

20 violation of this section or if such acts include kid21 napping or an attempt to kidnap, aggravated sexual

22 abuse or an attempt to commit aggravated sexual

23 abuse, or an attempt to kill,’’ after ‘‘death results’’;

24 (6) by striking ‘‘subject to imprisonment’’ and

25 inserting ‘‘fined under this title or imprisoned’’; and
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1 (7) by inserting ‘‘, or both’’ after ‘‘life’’.

2 SEC. 2907. INCREASED PENALTY FOR TRAVEL ACT VIOLA3 TIONS.

4 Section 1952(a) of title 18, United States Code, is

5 amended by striking ‘‘and thereafter performs or attempts

6 to perform any of the acts specified in subparagraphs (1),

7 (2), and (3), shall be fined not more than $10,000 or im8 prisoned for not more than 5 years, or both’’ and inserting

9 ‘‘and thereafter performs or attempts to perform (A) any

10 of the acts specified in subparagraphs (1) and (3) shall

11 be fined under this title or imprisoned for not more than

12 5 years, or both or (B) any of the acts specified in sub13 paragraph (2) shall be fined under this title or imprisoned

14 for not more than 20 years, or both, and if death results

15 shall be imprisoned for any term of years or for life.’’.

16 TITLE XXX—MISCELLANEOUS

17 SEC. 3001. ADDITIONAL AUTHORIZATION FOR DRUG EN18 FORCEMENT ADMINISTRATION.

19 There is authorized to be appropriated for the Drug

20 Enforcement Administration for fiscal year 1994, (which

21 shall be in addition to any other appropriations)

22 $100,000,000 to be allocated as follows:

23 (1) not to exceed $45,000,000 to hire, equip

24 and train not less than 350 agents and necessary

25 support personnel to expand DEA investigations and
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1 operations against drug trafficking organizations in

2 rural areas;

3 (2) not to exceed $25,000,000 to expand DEA

4 State and Local Task Forces, including payment of

5 state and local overtime, equipment and personnel

6 costs; and

7 (3) not to exceed $5,000,000 to hire, equip and

8 train not less than 50 special agents and necessary

9 support personnel to investigate violations of the

10 Controlled Substances Act relating to anabolic

11 steroids.

12 SEC. 3002. EXTENSION OF PROTECTION OF CIVIL RIGHTS

13 STATUTES.

14 (a) CONSPIRACY AGAINST RIGHTS.—Section 241 of

15 title 18, United States Code, is amended by striking ‘‘in16 habitant of’’ and inserting ‘‘person in’’.

17 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

18 LAW.—Section 242 of title 18, United States Code, is

19 amended—

20 (1) by striking ‘‘inhabitant of’’ and inserting

21 ‘‘person in’’; and

22 (2) by striking ‘‘such inhabitant’’ and inserting

23 ‘‘such person’’.
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1 SEC. 3003. AUDIT REQUIREMENT FOR STATE AND LOCAL

2 LAW ENFORCEMENT AGENCIES RECEIVING

3 FEDERAL ASSET FORFEITURE FUNDS.

4 (a) STATE REQUIREMENT.—Section 524(c)(7) of

5 title 28, United States Code, is amended to read as fol6 lows:

7 ‘‘(7)(A) The Fund shall be audited on an an8 nual basis 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

12 and expenses to which the funds were dedicated and

13 the amount used for each use or expense and report

14 the 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 sen18 tence: ‘‘The report should also contain all annual audit

19 reports from State and local law enforcement agencies re20 quired to be reported to the Attorney General under sub21 paragraph (B) of paragraph (7).’’.

22 SEC. 3004. 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 sub4 paragraph (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

10 (1)(A).’’.

11 SEC. 3005. OPTIONAL VENUE FOR ESPIONAGE AND RELAT12 ED OFFENSES.

13 (a) IN GENERAL.—Chapter 211 of title 18, United

14 States Code, is amended by inserting after section 3238

15 the following new section:

16 ‘‘§ 3239. Optional venue for espionage and related of17 fenses

18 ‘‘The trial for any offense involving a violation, begun

19 or committed upon the high seas or elsewhere out of the

20 jurisdiction of any particular State or district, of—

21 ‘‘(1) section 793, 794, 798, or section

22 1030(a)(1) of this title;

23 ‘‘(2) section 601 of the National Security Act of

24 1947 (50 U.S.C. 421); or
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1 ‘‘(3) section 4(b) or (4)(c) of the Subversive Ac2 tivities Control Act of 1950 (50 U.S.C. 783 (b) or

3 (c));

4 may be in the District of Columbia or in any other district

5 authorized by law.’’.

6 (b) TECHNICAL AMENDMENT.—The item relating to

7 section 3239 in the table of sections of chapter 211 of

8 title 18, United States Code, is amended to read as fol9 lows:

‘‘3239. Optional venue for espionage and related offense.’’.

10 SEC. 3006. UNDERCOVER OPERATIONS.

11 (a) IN GENERAL.—Chapter 1 of title 18, United

12 States Code, is amended by adding at the end the follow13 ing new section:

14 ‘‘§ 21. Stolen or counterfeit nature of property for

15 certain crimes defined

16 ‘‘(a) Wherever in this title it is an element of an of17 fense that—

18 ‘‘(1) any property was embezzled, robbed, sto19 len, converted, taken, altered, counterfeited, falsely

20 made, forged, or obliterated; and

21 ‘‘(2) the defendant knew that the property was

22 of such character;

23 such element may be established by proof that the defend24 ant, after or as a result of an official representation as

25 to the nature of the property, believed the property to be
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1 embezzled, robbed, stolen, converted, taken, altered, coun2 terfeited, falsely made, forged, or obliterated.

3 ‘‘(b) For purposes of this section, the term ‘official

4 representation’ means any representation made by a Fed5 eral law enforcement officer (as defined in section 115)

6 or by another person at the direction or with the approval

7 of such an officer.’’.

8 (b) TECHNICAL AMENDMENT.—The table of sections

9 of chapter 1 of title 18, United States Code, is amended

10 by adding at the end the following new item:

‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.

11 SEC. 3007. WIRETAPS.

12 Section 2511(1) of title 18, United States Code, is

13 amended—

14 (1) by striking ‘‘or’’ at the end of paragraph

15 (c);

16 (2) by inserting ‘‘or’’ at the end of paragraph

17 (d); and

18 (3) by adding after paragraph (d) the following

19 new paragraph:

20 ‘‘(e)(i) intentionally discloses, or endeavors to

21 disclose, to any other person the contents of any

22 wire, oral, or electronic communication, intercepted

23 by means authorized by sections 2511(2)(A)(ii),

24 2511(b)–(c), 2511(e), 2516, and 2518 of this sub25 chapter, (ii) knowing or having reason to know that
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1 the information was obtained through the intercep2 tion of such a communication in connection with a

3 criminal investigation, (iii) having obtained or re4 ceived the information in connection with a criminal

5 investigation, (iv) with intent to improperly obstruct,

6 impede, or interfere with a duly authorized criminal

7 investigation;’’.

8 SEC. 3008. THEFTS OF MAJOR ART WORKS.

9 (a) OFFENSE.—Chapter 31 of title 18, United States

10 Code, is amended by adding at the end thereof the follow11 ing:

12 ‘‘§ 668. Theft of a major art work

13 ‘‘(a) Whoever steals or obtains by fraud any object

14 of cultural heritage held in a museum, or knowing the

15 same to have been stolen, converted, or taken by fraud

16 receives, conceals, stores, sells, exhibits, or disposes of

17 such goods, shall be fined under this title, imprisoned for

18 not more than 12 years, or both.

19 ‘‘(b) Notwithstanding section 3282 of this title, the

20 statute of limitations for an offense under this section

21 shall be 20 years.

22 ‘‘(c) The property of a person convicted of an offense

23 under this section shall be subject to criminal forfeiture

24 under section 982 of this title.

25 ‘‘(d) For purposes of this section—
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1 ‘‘(1) The term ‘museum’ means an organized

2 and permanent institution, situated in the United

3 States, essentially educational or aesthetic in pur4 pose with professional staff, which owns and utilizes

5 tangible objects, cares for them, and exhibits them

6 to the public on some regularly scheduled period.

7 ‘‘(2) The term ‘stolen object of cultural herit8 age’ means an object stolen from a museum after

9 the effective date of this title reported to law en10 forcement authorities as stolen and registered with

11 the International Foundation for Art Research, or

12 any equivalent registry.’’.

13 (b) CHAPTER ANALYSIS.—The chapter analysis for

14 chapter 31 of title 18, United States Code, is amended

15 by adding at the end thereof the following:

‘‘668. Theft of a major art work.’’.

16 SEC. 3009. MISUSE OF INITIALS ‘‘DEA’’.

17 (a) AMENDMENT.—Section 709 of title 18, United

18 States Code, is amended—

19 (1) in the thirteenth unnumbered paragraph by

20 striking ‘‘words—’’ and inserting ‘‘words; or’’; and

21 (2) by inserting after the thirteenth unnum22 bered paragraph the following new paragraph:

23 ‘‘Whoever, except with the written permission of the

24 Administrator of the Drug Enforcement Administration,

25 knowingly uses the words ‘Drug Enforcement Administra-
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1 tion’ or the initials ‘DEA’ or any colorable imitation of

2 such words or initials, in connection with any advertise3 ment, circular, book, pamphlet, software or other publica4 tion, play, motion picture, broadcast, telecast, or other

5 production, in a manner reasonably calculated to convey

6 the impression that such advertisement, circular, book,

7 pamphlet, software or other publication, play, motion pic8 ture, broadcast, telecast, or other production is approved,

9 endorsed, or authorized by the Drug Enforcement Admin10 istration;’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 subsection (a) shall become effective on the date that is

13 90 days after the date of enactment of this Act.

14 SEC. 3010. TRIAL BY A MAGISTRATE IN PETTY OFFENSE

15 CASES.

16 Section 3401 of title 18, United States Code, is

17 amended—

18 (1) in subsection (b) by adding ‘‘other than a

19 petty offense’’ after ‘‘misdemeanor’’: and

20 (2) in subsection (g) by amending the first sen21 tence to read as follows: ‘‘The magistrate judge may,

22 in a petty offense involving a juvenile, exercise all

23 powers granted to the district court under chapter

24 403 of this title.’’.
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1 SEC. 3011. ADDITION OF ATTEMPTED ROBBERY, KIDNAP2 PING, SMUGGLING, AND PROPERTY DAMAGE

3 OFFENSES TO ELIMINATE INCONSISTENCIES

4 AND GAPS IN COVERAGE.

5 (a) ROBBERY AND BURGLARY.—(1) Section 2111 of

6 title 18, United States Code, is amended by inserting ‘‘or

7 attempts to take’’ after ‘‘takes’’.

8 (2) Section 2112 of title 18, United States Code, is

9 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

10 (3) Section 2114 of title 18, United States Code, is

11 amended by inserting ‘‘or attempts to rob’’ after ‘‘robs’’.

12 (b) KIDNAPPING.—Section 1201(d) of title 18, Unit13 ed States Code, is amended by striking ‘‘Whoever at14 tempts to violate subsection (a)(4) or (a)(5)’’ and insert15 ing ‘‘Whoever attempts to violate subsection (a)’’.

16 (c) SMUGGLING.—Section 545 of title 18, United

17 States Code, is amended by inserting ‘‘or attempts to

18 smuggle or clandestinely introduce’’ after ‘‘smuggles, or

19 clandestinely introduces’’.

20 (d) MALICIOUS MISCHIEF.—(1) Section 1361 of title

21 18, United States Code, is amended—

22 (A) by inserting ‘‘or attempts to commit any of

23 the foregoing offenses’’ before ‘‘shall be punished’’,

24 and

25 (B) by inserting ‘‘or attempted damage’’ after

26 ‘‘damage’’ each place it appears.
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1 (2) Section 1362 of title 18, United States Code, is

2 amended by inserting ‘‘or attempts willfully or maliciously

3 to injure or destroy’’ after ‘‘willfully or maliciously injures

4 or destroys’’.

5 (3) Section 1366 of title 18, United States Code, is

6 amended—

7 (A) by inserting ‘‘or attempts to damage’’ after

8 ‘‘damages’’ each place it appears;

9 (B) by inserting ‘‘or attempts to cause’’ after

10 ‘‘causes’’; and

11 (C) by inserting ‘‘or would if the attempted of12 fense had been completed have exceeded’’ after ‘‘ex13 ceeds’’ each place it appears.

14 SEC. 3012. DEFINITION OF LIVESTOCK.

15 Section 2311 of title 18, United States Code, is

16 amended by inserting after the second paragraph relating

17 to the definition of ‘‘cattle’’ the following:

18 ‘‘ ‘Livestock’ means any domestic animals raised for

19 home use, consumption, or profit, such as horses, pigs,

20 goats, fowl, sheep, and cattle, or the carcasses thereof;’’.
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1 TITLE XXXI—TECHNICAL

2 CORRECTIONS

3 SEC. 3101. AMENDMENTS RELATING TO FEDERAL FINAN4 CIAL ASSISTANCE FOR LAW ENFORCEMENT.

5 (a) CROSS REFERENCE CORRECTIONS.—(1) Section

6 506 of title I of the Omnibus Crime Control and Safe

7 Streets Act of 1968 (42 U.S.C. 3756) is amended—

8 (1) in subsection (a) by striking ‘‘Of’’ and in9 serting ‘‘Subject to subsection (f), of’’,

10 (2) in subsection (c) by striking ‘‘subsections

11 (b) and (c)’’ and inserting ‘‘subsection (b)’’,

12 (3) in subsection (e) by striking ‘‘or (e)’’ and

13 inserting ‘‘or (f)’’, and

14 (4) in subsection (f)(1)—

15 (A) in subparagraph (A)—

16 (i) by striking ‘‘, taking into consider17 ation subsection (e) but’’, and

18 (ii) by striking ‘‘this subsection,’’ and

19 inserting ‘‘this subsection’’, and

20 (B) in subparagraph (B) by striking

21 ‘‘amount’’ and inserting ‘‘funds’’.

22 (b) CORRECTIONAL OPTIONS GRANTS.—(1) Section

23 515(b) of title I of the Omnibus Crime Control and Safe

24 Streets Act of 1968 is amended—
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1 (A) by striking ‘‘subsection (a)(1) and (2)’’ and

2 inserting ‘‘paragraphs (1) and (2) of subsection

3 (a)’’, and

4 (B) in paragraph (2) by striking ‘‘States’’ and

5 inserting ‘‘public agencies’’.

6 (2) Section 516 of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 is amended—

8 (A) in subsection (a) by striking ‘‘for section’’

9 each place it appears and inserting ‘‘shall be used to

10 make grants under section’’, and

11 (B) in subsection (b) by striking ‘‘section

12 515(a)(1) or (a)(3)’’ and inserting ‘‘paragraph (1)

13 or (3) of section 515(a)’’.

14 (3) Section 1001(a)(5) of title I of the Omnibus

15 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

16 3793(a)(5)) is amended by inserting ‘‘(other than chapter

17 B of subpart 2)’’ after ‘‘and E’’.

18 (c) DENIAL OR TERMINATION OF GRANT.—Section

19 802(b) of title I of the Omnibus Crime Control and Safe

20 Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by

21 striking ‘‘M,,’’ and inserting ‘‘M,’’.

22 (d) DEFINITIONS.—Section 901(a)(21) of title I of

23 the Omnibus Crime Control and Safe Streets Act of 1968

24 (42 U.S.C. 3791(21)) is amended by adding a semicolon

25 at the end.
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1 (e) 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(a)) is amended in

4 paragraph (3) by striking ‘‘and N’’ and inserting ‘‘N, O,

5 P, Q, R, S, T, U, V, and W’’.

6 (f) PUBLIC SAFETY OFFICERS DISABILITY BENE7 FITS.—Title I of the Omnibus Crime Control and Safe

8 Streets Act of 1968 (42 U.S.C. 3796) is amended—

9 (1) in section 1201—

10 (A) in subsection (a) by striking ‘‘sub11 section (g)’’ and inserting ‘‘subsection (h),’’,

12 and

13 (B) in subsection (b)—

14 (i) by striking ‘‘subsection (g)’’ and

15 inserting ‘‘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 (g) 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 (h) 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

14 striking ‘‘Application’’ and inserting ‘‘Applications’’,

15 and

16 (3) in the items relating to part O by redesig17 nating sections 1401 and 1402 as sections 1501 and

18 1502, respectively.

19 (i) OTHER TECHNICAL AMENDMENTS.—Title I of the

20 Omnibus Crime Control and Safe Streets Act of 1968 is

21 amended—

22 (1) in section 202(c)(2)(E) by striking

23 ‘‘crime,,’’ and inserting ‘‘crime,’’,

24 (2) in section 302(c)(19) by striking a period at

25 the end and inserting a semicolon,
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1 (3) in section 602(a)(1) by striking ‘‘chapter

2 315’’ and inserting ‘‘chapter 319’’,

3 (4) in section 603(a)(6) by striking ‘‘605’’ and

4 inserting ‘‘606’’,

5 (5) in section 605 by striking ‘‘this section’’

6 and inserting ‘‘this part’’,

7 (6) in section 606(b) by striking ‘‘and Statis8 tics’’ and inserting ‘‘Statistics’’,

9 (7) in section 801(b)—

10 (A) by striking ‘‘parts D,’’ and inserting

11 ‘‘parts’’,

12 (B) by striking ‘‘part D’’ each place it ap13 pears and inserting ‘‘subpart 1 of part E’’,

14 (C) by striking ‘‘403(a)’’ and inserting

15 ‘‘501’’, and

16 (D) by striking ‘‘403’’ and inserting

17 ‘‘503’’,

18 (8) in the first sentence of section 802(b) by

19 striking ‘‘part D,’’ and inserting ‘‘subpart 1 of part

20 E or under part’’,

21 (9) in the second sentence of section 804(b) by

22 striking ‘‘Prevention or’’ and inserting ‘‘Prevention,

23 or’’,

24 (10) in section 808 by striking ‘‘408, 1308,’’

25 and inserting ‘‘507’’,
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1 (11) in section 809(c)(2)(H) by striking ‘‘805’’

2 and inserting ‘‘804’’,

3 (12) in section 811(e) by striking ‘‘Law En4 forcement Assistance Administration’’ and inserting

5 ‘‘Bureau of Justice Assistance’’,

6 (13) in section 901(a)(3) by striking ‘‘and,’’

7 and inserting ‘‘, and’’, and

8 (14) in section 1001(c) by striking ‘‘parts’’ and

9 inserting ‘‘part’’.

10 (j) CONFORMING AMENDMENT TO OTHER LAW.—

11 Section 4351(b) of title 18, United States Code, is amend12 ed by striking ‘‘Administrator of the Law Enforcement

13 Assistance Administration’’ and inserting ‘‘Director of the

14 Bureau of Justice Assistance’’.

15 SEC. 3102. GENERAL TITLE 18 CORRECTIONS.

16 (a) SECTION 1031.—Section 1031(g)(2) of title 18,

17 United States Code, is amended by striking ‘‘a govern18 ment’’ and inserting ‘‘a Government’’.

19 (b) SECTION 208.—Section 208(c)(1) of title 18,

20 United States Code, is amended by striking ‘‘Banks’’ and

21 inserting ‘‘banks’’.

22 (c) SECTION 1007.—The heading for section 1007 of

23 title 18, United States Code, is amended by striking

24 ‘‘Transactions’’ and inserting ‘‘transactions’’ in lieu there25 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 REF5 ERENCE.—Section 3293 of title 18, United States Code,

6 is amended 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).—Sec16 tion 924(a)(1)(B) of title 18, United States Code, is

17 amended by striking ‘‘(q)’’ and inserting ‘‘(r)’’.

18 (i) AMENDMENT TO TABLE OF CHAPTERS.—The

19 table of chapters at the beginning of part I of title 18,

20 United States Code, is amended by striking the item relat21 ing to the chapter 113A added by section 132 of Public

22 Law 102–27, but subsequently repealed.

23 (j) PUNCTUATION CORRECTION.—Section

24 207(c)(2)(A)(ii) of title 18, United States Code, is amend-
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1 ed by striking the semicolon at the end and inserting a

2 comma.

3 (k) TABLE OF CONTENTS CORRECTION.—The table

4 of contents for chapter 223 of title 18, United States

5 Code, is amended by adding at the end the following:

‘‘3509. Child Victims’ and child witnesses’ rights.’’.

6 (l) ELIMINATION OF SUPERFLUOUS COMMA.—Sec7 tion 3742(b) of title 18, United States Code, is amended

8 by striking ‘‘Government,’’ and inserting ‘‘Government’’.

9 SEC. 3103. CORRECTIONS OF ERRONEOUS CROSS REF10 ERENCES AND MISDESIGNATIONS.

11 (a) SECTION 1791 OF TITLE 18.—Section 1791(b)

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

13 ‘‘(c)’’ each place it appears and inserting ‘‘(d)’’.

14 (b) SECTION 2703 OF TITLE 18.—Section 2703(d)

15 of title 18, United States Code, is amended by striking

16 ‘‘section 3126(2)(A)’’ and inserting ‘‘section 3127(2)(A)’’.

17 (c) SECTION 666 OF TITLE 18.—Section 666(d) of

18 title 18, United States Code, is amended—

19 (1) by redesignating the second paragraph (4)

20 as paragraph (5);

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

22 (3); and

23 (3) by striking the period at the end of para24 graph (4) and inserting ‘‘; and’’.
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1 (d) SECTION 4247 OF TITLE 18.—Section 4247(h)

2 of title 18, United States Code, is amended by striking

3 ‘‘subsection (e) of section 4241, 4243, 4244, 4245, or

4 4246,’’ and inserting ‘‘subsection (e) of section 4241,

5 4244, 4245, or 4246, or subsection (f) of section 4243,’’.

6 (e) SECTION 408 OF THE CONTROLLED SUB7 STANCE.—Section 408(b)(2)(A) of the Controlled Sub8 stances Act (21 U.S.C. 848(b)(2)(A)) is amended by strik9 ing ‘‘subsection (d)(1)’’ and inserting ‘‘subsection (c)(1)’’.

10 (f) MARITIME DRUG LAW ENFORCEMENT ACT.—(1)

11 Section 994(h) of title 28, United States Code, is amended

12 by striking ‘‘section 1 of the Act of September 15, 1980

13 (21 U.S.C. 955a)’’ each place it appears and inserting

14 ‘‘the Maritime Drug Law Enforcement Act (46 U.S.C.

15 App. 1901 et seq.)’’.

16 (2) Section 924(e) of title 18, United States Code,

17 is amended by striking ‘‘the first section or section 3 of

18 Public Law 96–350 (21 U.S.C. 955a et seq.)’’ and insert19 ing ‘‘the Maritime Drug Law Enforcement Act (46 U.S.C.

20 App. 1901 et seq.)’’.

21 (g) SECTION 2596 OF THE CRIME CONTROL ACT OF

22 1990.—Section 2596(d) of the Crime Control Act of 1990

23 is amended, effective retroactively to the date of enact24 ment of such Act, by striking ‘‘951(c)(1)’’ and inserting

25 ‘‘951(c)(2)’’.
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1 SEC. 3104. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

2 Title 18, United States Code, is amended—

3 (1) in section 212, by striking ‘‘or of any Na4 tional Agricultural Credit Corporation,’’ and by

5 striking ‘‘or National Agricultural Credit Corpora6 tions,’’;

7 (2) in section 213, by striking ‘‘or examiner of

8 National Agricultural Credit Corporations’’;

9 (3) in section 709, by striking the seventh and

10 thirteenth paragraphs;

11 (4) in section 711, by striking the second para12 graph;

13 (5) by striking section 754, and amending the

14 table of sections for chapter 35 by striking the item

15 relating to section 754;

16 (6) in sections 657 and 1006, by striking ‘‘Re17 construction Finance Corporation,’’, and by striking

18 ‘‘Farmers’ Home Corporation,’’;

19 (7) in section 658, by striking ‘‘Farmers’ Home

20 Corporation,’’;

21 (8) in section 1013, by striking ‘‘, or by any

22 National Agricultural Credit Corporation’’;

23 (9) in section 1160, by striking ‘‘white person’’

24 and inserting ‘‘non-Indian’’;

25 (10) in section 1698, by striking the second

26 paragraph;
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1 (11) by striking sections 1904 and 1908, and

2 amending the table of sections for chapter 93 by

3 striking the items relating to such sections;

4 (12) in section 1909, by inserting ‘‘or’’ before

5 ‘‘farm credit examiner’’ and by striking ‘‘or an ex6 aminer of National Agricultural Credit Corpora7 tions,’’;

8 (13) by striking sections 2157 and 2391, and

9 amending the table of sections for chapters 105 and

10 115, respectively, by striking the items relating to

11 such sections;

12 (14) in section 2257 by striking the subsections

13 (f) and (g) that were enacted by Public Law 100–

14 690;

15 (15) in section 3113, by striking the third para16 graph;

17 (16) in section 3281, by striking ‘‘except for of18 fenses barred by the provisions of law existing on

19 August 4, 1939’’;

20 (17) in section 443, by striking ‘‘or (3) five

21 years after 12 o’clock noon of December 31, 1946,’’;

22 (18) in sections 542, 544, and 545, by striking

23 ‘‘the Philippine Islands,’’; and

24 (19) in section 1073—
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1 (A) by striking ‘‘or which, in the case of

2 New Jersey, is a high misdemeanor under the

3 laws of said State,’’; and

4 (B) by striking ‘‘or which in the case of

5 New Jersey, is a high misdemeanor under the

6 laws of said State,’’.

7 SEC. 3105. CORRECTION OF DRAFTING ERROR IN THE FOR8 EIGN CORRUPT PRACTICES ACT.

9 Section 104(a)(3) of the Foreign Corrupt Practices

10 Act of 1977 (15 U.S.C. 78dd–2) is amended by striking

11 ‘‘issuer’’ and inserting ‘‘domestic concern’’.

12 SEC. 3106. ELIMINATION OF REDUNDANT PENALTY PROVI13 SION IN 18 U.S.C. 1116.

14 Section 1116(a) of title 18, United States Code, is

15 amended by striking ‘‘, and any such person who is found

16 guilty of attempted murder shall be imprisoned for not

17 more than twenty years’’.

18 SEC. 3107. ELIMINATION OF REDUNDANT PENALTY.

19 Section 1864(c) of title 18, United States Code, is

20 amended by striking ‘‘(b) (3), (4), or (5)’’ and inserting

21 ‘‘(b)(5)’’.

22 SEC. 3108. CORRECTIONS OF MISSPELLINGS AND GRAM23 MATICAL ERRORS.

24 Title 18, United States Code, is amended—
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1 (1) in section 513(c)(4), by striking ‘‘associa2 tion or persons’’ and inserting ‘‘association of per3 sons’’;

4 (2) in section 1956(e), by striking

5 ‘‘Evironmental’’ and inserting ‘‘Environmental’’;

6 (3) in section 3125—

7 (A) by striking the quotation marks in

8 paragraph (a)(2); and

9 (B) by striking ‘‘provider for’’ and insert10 ing ‘‘provider of’’ in subsection (d);

11 (4) in section 3731, by striking ‘‘order of a dis12 trict courts’’ and inserting ‘‘order of a district

13 court’’ in the second undesignated paragraph;

14 (5) in section 151, by striking ‘‘mean’’ and in15 serting ‘‘means’’;

16 (6) in section 208(b), by inserting ‘‘if’’ after

17 ‘‘(4)’’;

18 (7) in section 209(d), by striking ‘‘under the

19 terms of the chapter 41’’ and inserting ‘‘under the

20 terms of chapter 41’’;

21 (8) in section 1014, by inserting a comma after

22 ‘‘National Credit Union Administration Board’’; and

23 (9) in section 3291, by striking ‘‘the afore-men24 tioned’’ and inserting ‘‘such’’.
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1 SEC. 3109. OTHER TECHNICAL AMENDMENTS.

2 (a) SECTION 419 OF CONTROLLED SUBSTANCES

3 ACT.—Section 419(b) of the Controlled Substances Act

4 (21 U.S.C. 860(b)) is amended by striking ‘‘years Pen5 alties’’ and inserting ‘‘years. Penalties’’.

6 (b) SECTION 667.—Section 667 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing: ‘‘The term ‘livestock’ has the meaning set forth in

9 section 2311 of this title.’’.

10 (c) SECTION 1114.—Section 1114 of title 18, United

11 States Code, is amended by striking ‘‘or any other officer,

12 agency, or employee of the United States’’ and inserting

13 ‘‘or any other officer or employee of the United States or

14 any agency thereof’’.

15 (d) SECTION 408 OF CONTROLLED SUBSTANCES

16 ACT.—Section 408(q)(8) of the Controlled Substances Act

17 (21 U.S.C. 848(q)(8)) is amended by striking ‘‘applica18 tions, for writ’’ and inserting ‘‘applications for writ’’.

19 SEC. 3110. CORRECTIONS OF ERRORS FOUND DURING

20 CODIFICATION.

21 Title 18, United States Code, is amended—

22 (1) in section 212, by striking ‘‘218’’ and in23 serting ‘‘213’’;

24 (2) in section 1917—
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1 (A) by striking ‘‘Civil Service Commission’’

2 and inserting ‘‘Office of Personnel Manage3 ment’’; and

4 (B) by striking ‘‘the Commission’’ in para5 graph (1) and inserting ‘‘such Office’’;

6 (3) by transferring the table of sections for

7 each subchapter of each of chapters 227 and 229 to

8 follow the heading of that subchapter;

9 (4) so that the heading of section 1170 reads

10 as follows:

11 ‘‘§ 1170. Illegal trafficking in Native American human

12 remains and cultural items’’;

13 (5) so that the item relating to section 1170 in

14 the table of sections at the beginning of chapter 53

15 reads as follows:

‘‘1170. Illegal trafficking in Native American human remains and cultural

items.’’;

16 (6) in section 3509(a), by striking paragraph

17 (11) and redesignating paragraphs (12) and (13) as

18 paragraphs (11) and (12), respectively;

19 (7) in section 3509—

20 (A) by striking out ‘‘subdivision’’ each

21 place it appears and inserting ‘‘subsection’’; and

22 (B) by striking out ‘‘government’’ each place it

23 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

7 subsection’’ and inserting ‘‘subsection’’; and

8 (B) in subsection (c), by striking ‘‘this

9 subsection’’ 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

7 used as money’’;

8 (15) in section 207(a)(3), by striking ‘‘Clari9 fication of Restrictions’’ and inserting ‘‘Clarification

10 of 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. 3111. PROBLEMS RELATED TO EXECUTION OF PRIOR

19 AMENDMENTS.

20 (a) INCORRECT REFERENCE AND PUNCTUATION

21 CORRECTION.—(1) Section 2587(b) of the Crime Control

22 Act of 1990 is repealed, effective on the date such section

23 took effect.

24 (2) Section 2587(b) of Public Law 101–647 is

25 amended, effective the date such section took effect, by
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1 striking ‘‘The chapter heading for’’ and inserting ‘‘The

2 table of sections at the beginning of’’.

3 (3) The item relating to section 3059A in the table

4 of sections at the beginning of chapter 203 of title 18,

5 United States Code, is amended by adding a period at the

6 end.

7 (b) LACK OF PUNCTUATION IN STRICKEN LAN8 GUAGE.—Section 46(b) of Public Law 99–646 is amended,

9 effective on the date such section took effect, so that—

10 (1) in paragraph (1), the matter proposed to be

11 stricken from the beginning of section 201(b) of title

12 18, United States Code, reads ‘‘(b) Whoever, di13 rectly’’; and

14 (2) in paragraph (2), a comma, rather than a

15 semicolon, appears after ‘‘his lawful duty’’ in the

16 matter to be stricken from paragraph (3) of section

17 201(b) of such title.

18 (c) BIOLOGICAL WEAPONS.—(1) Section 3 of the Bi19 ological Weapons Anti-Terrorism Act of 1989 is amended,

20 effective on the date such section took effect in subsection

21 (b), by striking ‘‘2516(c)’’ and inserting ‘‘2516(1)(c)’’.

22 (2) The item in the table of chapters for part I of

23 title 18, United States Code, that relates to chapter 10

24 is amended by striking ‘‘Weapons’’ and inserting ‘‘weap25 ons’’.
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1 (d) PLACEMENT OF NEW SECTION.—Section 404(a)

2 of Public Law 101–630 is amended, effective on the date

3 such section took effect, by striking ‘‘adding at the end

4 thereof’’ each place it appears and inserting ‘‘inserting

5 after section 1169’’.

6 (e) ELIMINATION OF ERRONEOUS CHARACTERIZA7 TION OF MATTER INSERTED.—Section 225(a) of Public

8 Law 101–674 is amended, effective on the date such sec9 tion took effect, by striking ‘‘new rule’’.

10 (f) CLARIFICATION OF PLACEMENT OF AMEND11 MENT.—Section 1205(c) of Public Law 101–647 is

12 amended, effective the date such section took effect, by

13 inserting ‘‘at the end’’ after ‘‘adding’’.

14 (g) ELIMINATION OF DUPLICATE AMENDMENT.—

15 Section 1606 of Public Law 101–647 (amending section

16 1114 of title 18, United States Code) is repealed effective

17 the date of the enactment of such section.

18 (h) ERROR IN AMENDMENT PHRASING.—Section

19 3502 of Public Law 101–647 is amended, effective the

20 date such section took effect, by striking ‘‘10’’ and insert21 ing ‘‘ten’’.

22 (i) CLARIFICATION THAT AMENDMENTS WERE TO

23 TITLE 18.—Sections 3524, 3525, and 3528 of Public Law

24 101–647 are each amended, effective the date such sec-
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1 tions took effect, by inserting ‘‘of title 18, United States

2 Code’’ before ‘‘is amended’’.

3 (j) CORRECTION OF PARAGRAPH REFERENCE.—Sec4 tion 3527 of Public Law 101-647 is amended, effective

5 the date such section took effect, by striking ‘‘4th’’ and

6 inserting ‘‘5th’’.

7 (k) REPEAL OF OBSOLETE TECHNICAL CORRECTION

8 TO SECTION 1345.—Section 3542 of Public Law 101-647

9 is repealed, effective the date of enactment of such Public

10 Law.

11 (l) REPEAL OF OBSOLETE TECHNICAL CORRECTION

12 TO SECTION 1956.—Section 3557(2)(E) of Public Law

13 101-647 is repealed, effective the date of enactment of

14 such Public Law.

15 (m) CLARIFICATION OF PLACEMENT OF AMEND16 MENTS.—Public Law 101-647 is amended, effective the

17 date of the enactment of such Public Law—

18 (1) in section 3564(1), by inserting ‘‘each place

19 it appears’’ after the quotation mark following

20 ‘‘2251’’ the first place it appears; and

21 (2) in section 3565(3)(A), by inserting ‘‘each

22 place it appears’’ after the quotation mark following

23 ‘‘subchapter’’.

24 (n) CORRECTION OF WORD QUOTED IN AMEND25 MENT.—Section 3586(1) of Public Law 101-647 is
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1 amended, effective the date such section took effect, by

2 striking ‘‘fines’’ and inserting ‘‘fine’’.

3 (o) ELIMINATION OF OBSOLETE TECHNICAL AMEND4 MENT TO SECTION 4013.—Section 3599 of Public Law

5 101-647 is repealed, effective the date of the enactment

6 of such Public Law.

7 (p) CORRECTION OF DIRECTORY LANGUAGE.—Sec8 tion 3550 of Public Law 101-647 is amended, effective

9 the date such section took effect, by striking ‘‘not more

10 than’’.

11 (q) REPEAL OF DUPLICATE PROVISIONS.—(1) Sec12 tion 3568 of Public Law 101-647 is repealed, effective the

13 date such section took effect.

14 (2) Section 1213 of Public Law 101-647 is repealed,

15 effective the date such section took effect.

16 (r) CORRECTION OF WORDS QUOTED IN AMEND17 MENT.—Section 2531(3) of Public Law 101-647 is

18 amended, effective the date such section took effect, by

19 striking ‘‘1679(c)(2)’’ and inserting ‘‘1679a(c)(2)’’.

20 (s) FORFEITURE.—(1) Section 1401 of Public Law

21 101-647 is amended, effective the date such section took

22 effect—

23 (A) by inserting a comma after ‘‘, 5316’’; and

24 (B) by inserting ‘‘the first place it appears’’

25 after the quotation mark following ‘‘5313(a)’’.
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1 (2) Section 2525(a)(2) of Public Law 101-647 is

2 amended, effective the date such section took effect, by

3 striking ‘‘108(3)’’ and inserting ‘‘2508(3)’’.

4 SEC. 3112. AMENDMENT TO SECTION 1956 OF TITLE 18 TO

5 ELIMINATE DUPLICATE PREDICATE CRIMES.

6 Section 1956 of title 18, United States Code, is

7 amended in subsection (c)(7)(E), by striking the period

8 that follows a period.

9 SEC. 3113. AMENDMENTS TO PART V OF TITLE 18.

10 Part V of title 18, United States Code, is amended—

11 (1) by inserting after the heading for such part

12 the following:

13 ‘‘CHAPTER 601—IMMUNITY

14 OF WITNESSES’’;

15 (2) in section 6001(1)—

16 (A) by striking ‘‘Atomic Energy Commis17 sion’’ and inserting ‘‘Nuclear Regulatory Com18 mission’’; and

19 (B) by striking ‘‘the Subversive Activities

20 Control Board,’’

21 (3) by striking ‘‘part’’ the first place it appears

22 and inserting ‘‘chapter’’; and

23 (4) by striking ‘‘part’’ each other place it ap24 pears and inserting ‘‘title’’.
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1 SEC. 3114. UPDATE OF CROSS REFERENCE.

2 Section 408(n)(11) of the Controlled Substances Act

3 is amended by striking ‘‘section 405’’ and inserting ‘‘sec4 tion 418’’.

5 SEC. 3115. CORRECTION OF ERROR IN AMENDATORY LAN6 GUAGE.

7 Section 1904 of Public Law 101-647 is amended, ef8 fective the date such section took effect, by striking ‘‘by

9 inserting a new subsection (e) as follows’’ and inserting

10 ‘‘so that subsection (e) reads as follows’’.

11 SEC. 3116. CORRECTION OF MISLEADING AND OUTMODED

12 FINE AMOUNTS SPECIFIED IN OFFENSES IN

13 TITLE 18.

14 Title 18, United States Code, is amended—

15 (1)(A) in sections 1693, 1694, 1695, and 1696,

16 by striking ‘‘not more than $50’’ and inserting

17 ‘‘under this title’’;

18 (B) in sections 333, 489, 754, 1303, 1699,

19 1701, 1703, 1710, 1723, 1726, 1730, and 2390, by

20 striking ‘‘not more than $100’’ and inserting ‘‘under

21 this title’’;

22 (C) in sections 1697 and 1698, by striking ‘‘not

23 more than $150’’ and inserting ‘‘under this title’’;

24 (D) in sections 1165 and 2279, by striking ‘‘not

25 more than $200’’ and inserting ‘‘under this title’’;
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1 (E) in sections 701, 702, 703, 704, 705, 706,

2 707, 708, 710, 711, 711a, 713, 715, 1164, and

3 1858, by striking ‘‘not more than $250’’ each place

4 it appears and inserting ‘‘under this title’’;

5 (F) in sections 916, 1501, 1502, 1719, 1725,

6 and 1861, by striking ‘‘not more than $300’’ and in7 serting ‘‘under this title’’;

8 (G) in sections 4, 41, 42, 46, 47, 112, 154,

9 244, 288, 290, 336, 475, 501, 502, 755, 872, 875,

10 876, 877, 917, 1013, 1018, 1024, 1154, 1155,

11 1156, 1382, 1541, 1700, 1703, 1704, 1707, 1712,

12 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752,

13 1793, 1856, 1857, 1863, 1912, 1913, 1922, 2074,

14 2195, and 2511, by striking ‘‘not more than $500’’

15 each place it appears and inserting ‘‘under this

16 title’’;

17 (H) in sections 81, 210, 211, 215, 217, 242,

18 245, 291, 292, 439, 442, 480, 483, 484, 490, 491,

19 494, 495, 503, 507, 510, 594, 595, 596, 597, 598,

20 599, 604, 605, 641, 643, 645, 646, 647, 648, 649,

21 650, 651, 652, 653, 654, 655, 656, 657, 658, 659,

22 661, 662, 665, 712, 751, 752, 756, 795, 796, 797,

23 836, 844, 871, 875, 876, 877, 879, 911, 912, 913,

24 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026,

25 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302,
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1 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384,

2 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711,

3 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277,

4 2278, 2382, and 2389, by striking ‘‘not more than

5 $1,000’’ each place it appears and inserting ‘‘under

6 this title’’;

7 (I) in sections 331, 482, 486, 499, 755, 873,

8 958, 1016, 1154, 1156, 1381, 1542, 1543, 1544,

9 1545, 1586, 1621, 1622, 1702, 1708, 1709, 1920,

10 1921, 1923, 2071, 2193, 2233, 2386, and 2424, by

11 striking ‘‘not more than $2,000’’ each place it ap12 pears and inserting ‘‘under this title’’;

13 (J) in sections 431, 432, 479, 960, 1859, 1901,

14 1911, and 1959, by striking ‘‘not more than

15 $3,000’’ and inserting ‘‘under this title’’;

16 (K) in sections 35, 81, 112, 152, 153, 155,

17 212, 213, 214, 285, 334, 351, 435, 436, 438, 471,

18 472, 473, 476, 477, 478, 481, 485, 487, 488, 497,

19 498, 505, 506, 508, 509, 541, 542, 543, 544, 546,

20 547, 548, 549, 550, 551, 552, 592, 593, 602, 603,

21 606, 607, 642, 655, 658, 659, 660, 661, 663, 751,

22 799, 844, 872, 874, 875, 876, 877, 878, 914, 915,

23 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017,

24 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231,

25 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426,
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1 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503,

2 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584,

3 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737,

4 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072,

5 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314,

6 2316, 2317, 2344, and 2701, by striking ‘‘not more

7 than $5,000’’ each place it appears and inserting

8 ‘‘under this title’’;

9 (L) in sections 33, 224, 231, 241, 245, 246,

10 286, 289, 332, 335, 337, 351, 371, 437, 440, 441,

11 493, 496, 500, 510, 545, 595, 599, 600, 601, 641,

12 664, 665, 667, 757, 792, 793, 798, 844, 892, 893,

13 894, 924, 952, 955, 962, 963, 964, 965, 966, 967,

14 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023,

15 1027, 1082, 1084, 1115, 1202, 1361, 1362, 1364,

16 1365, 1385, 1461, 1462, 1464, 1587, 1623, 1654,

17 1656, 1735, 1737, 1751, 1902, 1903, 1904, 1910,

18 1951, 1952, 1953, 1954, 1958, 1992, 2101, 2113,

19 2153, 2154, 2155, 2156, 2231, 2232, 2271, 2274,

20 2275, 2314, 2315, 2383, 2386, 2387, 2388, and

21 2512, by striking ‘‘not more than $10,000’’ each

22 place it appears and inserting ‘‘under this title’’;

23 (M) in section 1028, by striking ‘‘not more than

24 $15,000’’ and inserting ‘‘under this title’’;
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1 (N) in sections 844, 878, 1728, 1955, 1958,

2 2321, 2384, and 2385, by striking ‘‘not more than

3 $20,000’’ each place it appears and inserting ‘‘under

4 this title’’;

5 (O) in sections 32, 114, 753, 1028, 1365, 1512,

6 1792, and 2118, by striking ‘‘not more than

7 $25,000’’ each place it appears and inserting ‘‘under

8 this title’’.

9 (P) in section 2118, by striking ‘‘not more than

10 $35,000’’ and inserting ‘‘under this title’’;

11 (Q) in sections 1365, 1958, and 2118, by strik12 ing ‘‘not more than $50,000’’ and inserting ‘‘under

13 this title’’;

14 (R) in section 951, by striking ‘‘not more than

15 $75,000’’ and inserting ‘‘under this title’’;

16 (S) in sections 32, 1167, 1365, 2251, and

17 2344, by striking ‘‘not more than $100,000’’ each

18 place it appears and inserting ‘‘under this title’’;

19 (T) in section 2251, by striking ‘‘not more than

20 $200,000’’ and inserting ‘‘under this title’’; and

21 (U) in sections 1158, 1167, 1512, 1513, 2251,

22 2318, 2320, and 2701, by striking ‘‘not more than

23 $250,000’’ and inserting ‘‘under this title’’;
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1 (2)(A) in sections 3 and 373, by inserting

2 ‘‘(notwithstanding section 3571 of this title)’’ before

3 ‘‘fined not more than one-half’’;

4 (B) in section 113, by striking ‘‘fine of not

5 more than’’ through the immediately following dollar

6 amount each place it appears and inserting ‘‘a fine

7 under this title’’;

8 (C) in sections 115, 513, 709, 831, 1366, 1511,

9 and 1959, by striking ‘‘of not more than’’ through

10 the immediately following dollar amount each place

11 it appears and inserting ‘‘under this title’’;

12 (D) in section 201, by inserting ‘‘under this

13 title or’’ after ‘‘be fined’’; and by inserting ‘‘which14 ever is greater,’’ before ‘‘or imprisoned’’;

15 (E) in section 402, by striking ‘‘fine’’ the first

16 place it appears and inserting ‘‘a fine under this

17 title’’

18 (F) in section 443, by striking ‘‘shall, if a cor19 poration, be fined not more than $50,000, and, if a

20 natural person, be fined not more than $10,000’’

21 and inserting ‘‘shall be fined under this title’’;

22 (G) in sections 643, 644, 645, 647, 648, 649,

23 650, 651, 652, 653, and 1711, by inserting ‘‘under

24 this title or’’ after ‘‘be fined’’ the first place it ap-
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1 pears; and by inserting ‘‘, whichever, is greater,’’ be2 fore ‘‘or imprisoned the first place it appears;

3 (H) in sections 646 and 654, by inserting

4 ‘‘under this title or’’ after ‘‘be fined’’ the first place

5 it appears; and by inserting ‘‘whichever is greater,’’

6 before ‘‘or imprisoned’’ the first place it appears;

7 (I) in section 1029, by striking ‘‘of not more

8 than’’ through the immediately following dollar

9 amount each place it appears and inserting ‘‘under

10 this title’’; and by inserting ‘‘, whichever is greater,’’

11 before ‘‘or imprisonment’’ each place it appears;

12 (J) in section 2381, by inserting ‘‘under this

13 title but’’ before ‘‘not less than $10,000’’; and

14 (K) in section 3146(b)(1)(A)(iv), by striking

15 ‘‘fine under this chapter’’ and inserting ‘‘find under

16 this title’’.

17 SEC. 3117. REPEAL OF DUPLICATE AMENDMENT.

18 (a) IN GENERAL.—Subsection (a) of section 1535 of

19 the Annunzio-Wylie Anti-Money Laundering Act is

20 amended to read as follows:

21 ‘‘(a) TITLE 31.—Section 5321(a)(5)(A) of title 31,

22 United States Code, is amended by inserting ‘or any per23 son willfully causing’ after ‘willfully violates’.’’.

24 (b) EFFECTIVE DATE.—The amendment made by

25 subsection (a) shall take effect as if such amendment had
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1 been included in the Annunzio-Wylie Anti-Money Laun2 dering Act as of the date of the enactment of such Act.

3 SEC. 3118. REPEAL OF SUPERFLUOUS STATUTE OF LIMITA4 TION AND TRANSFER OF CHILD ABUSE STAT5 UTE OF LIMITATION.

6 (a) IN GENERAL.—Section 3283 of title 18, United

7 States Code, is amended to read as follows:

8 ‘‘§ 3283. Child abuse offenses

9 ‘‘No statute of limitations that would otherwise pre10 clude prosecution for an offense involving the sexual or

11 physical abuse of a child under the age of 18 years shall

12 preclude such prosecution before the child reaches the age

13 of 25 years.’’.

14 (b) CONFORMING REPEAL.—Section 3509(k) of title

15 18, United States Code, is amended by striking the sub16 section heading and the first sentence and inserting in lieu

17 thereof ‘‘STAY OF CIVIL ACTION.—’’.

18 (c) CLERICAL AMENDMENT.—The item in the table

19 of sections at the beginning of chapter 213 of title 18,

20 United States Code, that relates to section 3283 is amend21 ed to read as follows:

‘‘3283. Child abuse offenses.’’.

22 SEC. 3119. CLERICAL ERRORS IN SECTION 1956.

23 (a) CLERICAL CORRECTIONS.—Section 1956 of title

24 18, United States Code, is amended—

25 (1) in subsection (c)(7)(B)—
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1 (A) by striking ‘‘importation, sale, or dis2 tribution of a controlled substance (as such

3 term is defined for the purposes of the Con4 trolled Substances Act)’’; and

5 (B) by inserting ‘‘, importation, sale, or

6 distribution of a controlled substance (as such

7 term is defined for the purposes of the Con8 trolled Substances Act);’’ after ‘‘manufacture’’

9 in clause (i);

10 (2) in subsection (c)(7)(B)(iii), inserting a close

11 parenthesis after ‘‘1978’’;

12 (3) by redesignating the second subsection (g)

13 as subsection (h); and

14 (4) in subsection (a)(2), by inserting ‘‘not more

15 than’’ before ‘‘$500,000’’.

16 (b) CROSS REFERENCE CORRECTION.—Section

17 1956(c)(7)(D) of title 18, United States Code is amended

18 by striking ‘‘section 9(c) of the Food Stamp Act of 1977’’

19 and inserting ‘‘section 15 of the Food Stamp Act of

20 1977’’; and

21 SEC. 3120. CLERICAL ERROR.

22 Section 1957(f)(1) of title 18, United States Code,

23 is amended by striking the comma which follows a comma.
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1 SEC. 3121. CONFORMING SPELLING OF VARIANTS OF ‘‘KID2 NAP’’.

3 Title 18, United States Code, is amended—

4 (1) by striking ‘‘kidnaping’’ each place it ap5 pears and inserting ‘‘kidnapping’’; and

6 (2) by striking ‘‘kidnaped’’ each place it ap7 pears and inserting ‘‘kidnapped’’.

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HR 3131 IH——19
434

•HR 3131 IH

HR 3131 IH——20

HR 3131 IH——21

HR 3131 IH——22

HR 3131 IH——23

HR 3131 IH——24

HR 3131 IH——25

HR 3131 IH——26

HR 3131 IH——27

HR 3131 IH——28

HR 3131 IH——29