Calendar No. 212

103D CONGRESS

1ST SESSION S. 1488

A BILL

To control and prevent crime.

SEPTEMBER 27, 1993

Read the second time and placed on the calendar
II

Calendar No. 212

103D CONGRESS

1ST SESSION S. 1488

To control and prevent crime.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Mr. BIDEN introduced the following bill; which was read the first time

SEPTEMBER 27, 1993

Read the second time and placed on the calendar

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 CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—PUBLIC SAFETY AND POLICING
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Sec. 101. Short title.

Sec. 102. Findings and purposes.

Sec. 103. Community policing; ‘‘Cops on the Beat’’.

TITLE II—DEATH PENALTY

Sec. 201. Short title.

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

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

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

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

Sec. 206. Death penalty for civil rights murders.

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

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

conspiracies.

Sec. 209. Foreign murder of United States nationals.

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

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

Sec. 212. Murder by escaped prisoners.

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

drug trafficking crimes.

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

Sec. 215. Murder in course of alien smuggling.

TITLE III—HABEAS CORPUS REFORM

Sec. 301. Short title.

Sec. 302. Filing deadlines.

Sec. 303. Stays of execution in capital cases.

Sec. 304. Limits on new rules; standard of review.

Sec. 305. Limits on successive petitions.

Sec. 306. New evidence.

Sec. 307. Certificates of probable cause.

Sec. 308. Provision of counsel.

Sec. 309. Capital litigation funding.

Sec. 310. Certification of compliance.

Sec. 311. Effective date.

TITLE IV—GUN CRIME PENALTIES

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

of violence or a drug trafficking crime.

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

a felony.

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

Sec. 404. Theft of firearms and explosives.

Sec. 405. Revocation of supervised release.

Sec. 406. Revocation of probation.

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

connection with the acquisition of a firearm from a licensed

dealer.

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

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

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

moved in interstate or foreign commerce.

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

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

Sec. 414. Receipt of firearms by nonresident.

Sec. 415. Firearms and explosives conspiracy.

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

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

Sec. 418. Disposing of explosives to prohibited persons.

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

Sec. 420. Increased penalty for interstate gun trafficking.

TITLE V—OBSTRUCTION OF JUSTICE

Sec. 501. Protection of court officers and jurors.

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

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

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

enforcement officials.

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

TITLE VI—YOUTH VIOLENCE

Subtitle A—Increased Penalties for Drug Trafficking and Criminal Street

Gangs

Sec. 601. Strengthening Federal penalties for employing children to distribute

drugs.

Sec. 602. Commencement of juvenile proceeding.

Sec. 603. Criminal street gangs.

Subtitle B—Juvenile Drug Trafficking and Gang Prevention Grants

Sec. 611. Grant program.

Subtitle C—Bindover System for Certain Violent Juveniles

Sec. 621. Bindover system.

TITLE VII—TERRORISM

Subtitle A—Maritime Navigation and Fixed Platforms

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

Sec. 702. Technical amendment.

Sec. 703. Effective dates.

Subtitle B—General Provisions

Sec. 711. Weapons of mass destruction.

Sec. 712. Enhanced penalties for certain offenses.

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

and territorial jurisdiction.

Sec. 714. Assimilated crimes in extended territorial sea.

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

foreign ships.
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Sec. 716. Torture.

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

Sec. 718. FBI access to telephone subscriber information.

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

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

Sec. 721. Counterfeiting United States currency abroad.

Sec. 722. Economic terrorism task force.

Sec. 723. Terrorist Death Penalty Act.

Sec. 724. Sentencing guidelines increase for terrorist crimes.

Sec. 725. Alien witness cooperation.

Sec. 726. Providing material support to terrorists.

TITLE VIII—SEXUAL VIOLENCE AND CHILD ABUSE

Subtitle A—Sexual Abuse

Sec. 801. Sexual abuse amendments.

Subtitle B—Child Protection

Sec. 811. Short title.

Sec. 812. Purposes.

Sec. 813. Definitions.

Sec. 814. Reporting by the States.

Sec. 815. Background checks.

Sec. 816. Funding for improvement of child abuse crime information.

Subtitle C—Crimes Against Children

Sec. 821. Short title.

Sec. 822. Establishment of program.

Sec. 823. State compliance.

TITLE IX—CRIME VICTIMS

Subtitle A—Victims’ Rights

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

Sec. 902. Mandatory restitution and other provisions.

Subtitle B—Crime Victims’ Fund

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

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

Sec. 913. Administrative costs for crime victim compensation.

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

Sec. 915. Grants for demonstration projects.

Sec. 916. Administrative costs for crime victim assistance.

Sec. 917. Maintenance of effort.

TITLE X—STATE AND LOCAL LAW ENFORCEMENT

Subtitle A—DNA Identification

Sec. 1001. Short title.

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

law enforcement identification purposes.
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Sec. 1003. Quality assurance and proficiency testing standards.

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

information.

Sec. 1005. Federal Bureau of Investigation.

Sec. 1006. Authorization of appropriations.

Subtitle B—Department of Justice Community Substance Abuse Prevention

Sec. 1011. Short title.

Sec. 1012. Community partnerships.

Subtitle C—Racial and Ethnic Bias Study Grants

Sec. 1021. Study grants.

TITLE XI—PROVISIONS RELATING TO POLICE OFFICERS

Subtitle A—Law Enforcement Family Support

Sec. 1101. Law enforcement family support.

Subtitle B—Police Pattern or Practice

Sec. 1111. Cause of action.

Sec. 1112. Data on use of excessive force.

Subtitle C—Police Corps and Law Enforcement Officers Training and

Education

CHAPTER 1—POLICE CORPS

Sec. 1121. Short title.

Sec. 1122. Purposes.

Sec. 1123. Definitions.

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

Education.

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

Sec. 1126. Scholarship assistance.

Sec. 1127. Selection of participants.

Sec. 1128. Police Corps training.

Sec. 1129. Service obligation.

Sec. 1130. State plan requirements.

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

Sec. 1132. Authorization of appropriations.

Sec. 1133. Reports to Congress.

CHAPTER 2—LAW ENFORCEMENT SCHOLARSHIP PROGRAM

Sec. 1141. Short title.

Sec. 1142. Definitions.

Sec. 1143. Allotment.

Sec. 1144. Establishment of program.

Sec. 1145. Scholarships.

Sec. 1146. Eligibility.

Sec. 1147. State application.

Sec. 1148. Local application.

Sec. 1149. Scholarship agreement.

Sec. 1150. Authorization of appropriations.
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Subtitle D—Study Rights of Police Officers

Sec. 1161. Study on officers’ rights.

TITLE XII—DRUG COURT PROGRAMS

Sec. 1201. Coordinated administration of programs.

Sec. 1202. Drug testing upon arrest.

Sec. 1203. Certainty of punishment for young offenders.

Sec. 1204. Residential substance abuse treatment for prisoners.

TITLE XIII—PRISONS

Subtitle A—Federal Prisons

Sec. 1301. Prisoner’s place of imprisonment.

Sec. 1302. Prison impact assessments.

Sec. 1303. Federal prisoner drug testing.

Sec. 1304. Drug treatment in Federal prisons.

Subtitle B—State Prisons

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

Sec. 1322. National Institute of Justice study.

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

Sec. 1324. Notification of release of prisoners.

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

TITLE XIV—RURAL CRIME

Subtitle A—Fighting Drug Trafficking in Rural Areas

Sec. 1401. Authorizations for rural law enforcement agencies.

Sec. 1402. Rural drug enforcement task forces.

Sec. 1403. Cross-designation of Federal officers.

Sec. 1404. Rural drug enforcement training.

Subtitle B—Drug Free Truck Stops and Safety Rest Areas

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

TITLE XV—DRUG CONTROL

Subtitle A—Increased Penalties

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

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

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

Sec. 1504. Anabolic steroids penalties.

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

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

Subtitle B—Precursor Chemicals Act

Sec. 1511. Short title.

Sec. 1512. Definition amendments.

Sec. 1513. Registration requirements.

Sec. 1514. Reporting of listed chemical manufacturing.

Sec. 1515. Reports by brokers and traders; criminal penalties.
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Sec. 1516. Exemption authority; additional penalties.

Sec. 1517. Amendments to list I.

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

Sec. 1519. Administrative inspections and authority.

Sec. 1520. Threshold amounts.

Sec. 1521. Management of listed chemicals.

Sec. 1522. Forfeiture expansion.

Sec. 1523. Regulations and effective date.

Subtitle C—General Provisions

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

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

and Export Act.

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

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

funding on the State’s enactment of legislation requiring the

revocation of the driver’s licenses of convicted drug abusers.

Sec. 1534. Advertising.

Sec. 1535. National drug control strategy.

Sec. 1536. Notification of law enforcement officers of discoveries of controlled

substances or large sums of cash in excess of $10,000 in weapon screening.

TITLE XVI—DRUNK DRIVING PROVISIONS

Sec. 1601. Short title.

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

Sec. 1603. Sense of Congress concerning child custody and visitation rights.

TITLE XVII—COMMISSIONS

Subtitle A—Commission on Crime and Violence

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

Sec. 1702. Purpose.

Sec. 1703. Responsibilities of the Commission.

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

Drugs in the United States

Sec. 1711. Short title.

Sec. 1712. Establishment.

Sec. 1713. Duties.

Sec. 1714. Membership.

Sec. 1715. Staff and support services.

Sec. 1716. Powers of Commission.

Sec. 1717. Reports.

Sec. 1718. Termination.

Subtitle C—National Commission to Support Law Enforcement

Sec. 1721. Short title.

Sec. 1722. Congressional findings.

Sec. 1723. Establishment.

Sec. 1724. Duties.
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Sec. 1725. Membership.

Sec. 1726. Experts and consultants.

Sec. 1727. Powers of Commission.

Sec. 1728. Report.

Sec. 1729. Termination.

Sec. 1730. Repeals.

TITLE XVIII—BAIL POSTING REPORTING

Sec. 1801. Short title.

Sec. 1802. Required reporting by criminal court clerks.

TITLE XIX—MOTOR VEHICLE THEFT PREVENTION

Sec. 1901. Short title.

Sec. 1902. Motor vehicle theft prevention program.

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

TITLE XX—PROTECTIONS FOR THE ELDERLY

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

Sec. 2002. Crimes against the elderly.

TITLE XXI—CONSUMER PROTECTION

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

whose activities affect interstate commerce.

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

Sec. 2103. Mail fraud.

TITLE XXII—FINANCIAL INSTITUTION FRAUD PROSECUTIONS

Sec. 2201. Short title.

Sec. 2202. Federal Deposit Insurance Act amendment.

Sec. 2203. Federal Credit Union Act amendments.

Sec. 2204. Crime Control Act amendment.

TITLE XXIII—SAVINGS AND LOAN PROSECUTION TASK FORCE

Sec. 2301. Savings and loan prosecution task force.

TITLE XXIV—SENTENCING PROVISIONS

Sec. 2401. Imposition of sentence.

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

Sec. 2403. Supervised release after imprisonment.

TITLE XXV—SENTENCING AND MAGISTRATES AMENDMENTS

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

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

TITLE XXVI—COMPUTER CRIME

Sec. 2601. Computer Abuse Amendments Act of 1993.

TITLE XXVII—INTERNATIONAL PARENTAL KIDNAPPING

Sec. 2701. Short title.

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

child abduction.

TITLE XXVIII—SAFE SCHOOLS

Sec. 2801. Short title.

Sec. 2802. Safe schools.

TITLE XXIX—MISCELLANEOUS

Subtitle A—Increases in Penalties

Sec. 2901. Increased penalties for assault.

Sec. 2902. Increased penalties for manslaughter.

Sec. 2903. Increased penalties for civil rights violations.

Sec. 2904. Increased penalties for trafficking in counterfeit goods and services.

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

Sec. 2906. Increased penalties for travel act violations.

Subtitle B—Extension of Protection of Civil Rights Statutes

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

Subtitle C—Audit and Report

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

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

Subtitle D—Gambling

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

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

Subtitle E—White Collar Crime Amendments

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

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

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

statute.

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

rewards statute.

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

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

Subtitle F—Safer Streets and Neighborhoods

Sec. 2951. Short title.

Sec. 2952. Limitation on grant distribution.

Subtitle G—Other Provisions

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

Sec. 2962. Undercover operations.

Sec. 2963. Undercover operations—churning.

Sec. 2964. Report on battered women’s syndrome.

Sec. 2965. Wiretaps.
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Sec. 2966. Theft of major artwork.

Sec. 2967. Balance in the criminal justice system.

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

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

damage offenses to eliminate inconsistencies and gaps in coverage.

Sec. 2970. Definition of livestock.

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

TITLE XXX—TECHNICAL CORRECTIONS

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

Sec. 3002. General title 18 corrections.

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

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

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

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

Sec. 3007. Elimination of redundant penalty.

Sec. 3008. Corrections of misspellings and grammatical errors.

Sec. 3009. Other technical amendments.

Sec. 3010. Corrections of errors found during codification.

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

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

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

1 TITLE I—PUBLIC SAFETY AND

2 POLICING

3 SEC. 101. SHORT TITLE.

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

6 SEC. 102. FINDINGS AND PURPOSES.

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

8 (1) according to data compiled by the Federal

9 Bureau of Investigation, in 1961, there was approxi10 mately 1 reported violent crime per city police offi11 cer, but while from 1961 to 1991 there was no sub12 stantial increase in United States cities’ police em13 ployment rate, during the same period the number
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1 of reported violent crimes per city police officer rose

2 to approximately 4.6 per officer;

3 (2) National Crime Survey figures indicate that

4 nearly 5,000,000 households in the United States

5 had at least 1 member who had been a victim of vio6 lent crime during 1991;

7 (3) these victims of violence experienced more

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

9 reported to law enforcement authorities;

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

11 beat’’) enhances communication and cooperation be12 tween law enforcement and members of the commu13 nity;

14 (5) such communication and cooperation be15 tween law enforcement and members of the commu16 nity significantly assists in preventing and control17 ling crime and violence, thus enhancing public safe18 ty; and

19 (6) while increasing and maintaining police re20 sources and presence in the community are the long21 term responsibility of State and local governments,

22 State and local law enforcement agencies are in need

23 of immediate assistance to begin the process of re24 hiring officers who have been laid off for budgetary

25 reasons and hiring new, additional officers to assist
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1 in the implementation of community-oriented polic2 ing.

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

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

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

7 (2) provide additional and more effective train8 ing to law enforcement officers to enhance their

9 problem solving, service, and other skills needed in

10 interacting with members of the community;

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

13 the community to assist State and local law enforce14 ment agencies in the prevention of crime in the com15 munity; and

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

18 agencies in reorienting the emphasis of their activi19 ties from reacting to crime to preventing crime,

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

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

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

2 (a) IN GENERAL.—Title I of the Omnibus Crime

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

4 et seq.) is amended—

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

6 (2) by redesignating section 1701 as section

7 1801; and

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

9 part:

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

11 ‘COPS ON THE BEAT’

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

13 COMMUNITY POLICING GRANTS.

14 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen15 eral may make grants to units of State and local govern16 ment, and to other public and private entities, to increase

17 police presence, to expand and improve cooperative efforts

18 between law enforcement agencies and members of the

19 community to address crime and disorder problems, and

20 otherwise to enhance public safety.

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

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

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

25 been laid off as a result of State and local budget
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1 reductions for deployment in community-oriented po2 licing; and

3 ‘‘(2) hire new, additional career law enforce4 ment officers for deployment in community-oriented

5 policing across the Nation.

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

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

8 other activities to—

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

10 officers involved in activities that are focused on

11 interaction with members of the community on

12 proactive crime control and prevention by redeploy13 ing officers to such activities;

14 ‘‘(2) provide specialized training to law enforce15 ment officers to enhance their conflict resolution,

16 mediation, problem solving, service, and other skills

17 needed to work in partnership with members of the

18 community;

19 ‘‘(3) increase police participation in multidisci20 plinary early intervention teams;

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

22 and local law enforcement agencies in reorienting

23 the emphasis of their activities from reacting to

24 crime to preventing crime;
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1 ‘‘(5) develop and implement innovative pro2 grams to permit members of the community to assist

3 State and local law enforcement agencies in the pre4 vention of crime in the community;

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

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

7 law enforcement officers must be away from the

8 community while awaiting court appearances;

9 ‘‘(7) establish and implement innovative pro10 grams to increase and enhance proactive crime con11 trol and prevention programs involving law enforce12 ment officers and young persons in the community;

13 and

14 ‘‘(8) develop and establish new administrative

15 and managerial systems to facilitate the adoption of

16 community-oriented policing as an organization-wide

17 philosophy.

18 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA19 TIONS FOR CERTAIN GRANTS.—In awarding grants under

20 this part, the Attorney General may give preferential con21 sideration to grants for hiring and rehiring additional ca22 reer law enforcement officers that involve a non-Federal

23 contribution exceeding the 25 percent minimum under

24 subsection (h).
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1 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney

2 General may provide technical assistance to units of State

3 and local government, and to other public and private enti4 ties, in furtherance of the purposes of the Public Safety

5 Partnership and Community Policing Act of 1993.

6 ‘‘(2) The technical assistance provided by the Attor7 ney General may include the development of a flexible

8 model that will define for State and local governments,

9 and other public and private entities, definitions and strat10 egies associated with community or problem-oriented po11 licing and methodologies for its implementation.

12 ‘‘(3) The technical assistance provided by the Attor13 ney General may include the establishment and operation

14 of training centers or facilities, either directly or by con15 tracting or cooperative arrangements. The functions of the

16 centers or facilities established under this paragraph may

17 include instruction and seminars for police executives,

18 managers, trainers and supervisors concerning community

19 or problem-oriented policing and improvements in police20 community interaction and cooperation that further the

21 purposes of the Public Safety Partnership and Community

22 Policing Act of 1993.

23 ‘‘(f) UTILIZATION OF COMPONENTS.—The Attorney

24 General may utilize any component or components of the

25 Department of Justice in carrying out this part.
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1 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to2 gether with grantees within the State, shall receive in each

3 fiscal year pursuant to subsection (a) not less than 0.5

4 percent of the total amount appropriated in the fiscal year

5 for grants pursuant to that subsection. In this subsection,

6 ‘qualifying State’ means any State which has submitted

7 an application for a grant, or in which an eligible entity

8 has submitted an application for a grant, which meets the

9 requirements prescribed by the Attorney General and the

10 conditions set out in this part.

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

12 of a program, project, or activity provided by a grant

13 under subsection (a) may not exceed 75 percent, unless

14 the Attorney General waives, wholly or in part, the re15 quirement under this subsection of a non-Federal con16 tribution to the costs of a program, project, or activity.

17 In relation to a grant for a period exceeding 1 year for

18 hiring or rehiring career law enforcement officers, the

19 Federal share shall decrease from year to year, looking

20 toward the continuation of the increased hiring level using

21 State or local sources of funding following the conclusion

22 of Federal support, as provided in an approved plan pur23 suant to section 1702(c)(8).
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1 ‘‘(i) ALLOCATION OF FUNDS.—The funds available

2 under this part shall be allocated as provided in section

3 1001(a)(11)(B).

4 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI5 CERS.—The authority under subsection (a) of this section

6 to make grants for the hiring and rehiring of additional

7 career law enforcement officers shall lapse at the conclu8 sion of 6 years from the date of enactment of this part.

9 Prior to the expiration of this grant authority, the Attor10 ney General shall submit a report to Congress concerning

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

12 may include any recommendations the Attorney General

13 may have for amendments to this part and related provi14 sions of law in light of the termination of the authority

15 to make grants for the hiring and rehiring of additional

16 career law enforcement officers.

17 ‘‘SEC. 1702. APPLICATIONS.

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

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

20 approved by, the Attorney General.

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

22 under this part shall be submitted in such form, and con23 tain such information, as the Attorney General may pre24 scribe by regulation or guidelines.
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1 ‘‘(c) CONTENTS.—In accordance with the regulations

2 or guidelines established by the Attorney General, each ap3 plication for a grant under this part shall—

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

5 implementation plan that reflects consultation with

6 community groups and appropriate private and pub7 lic agencies and reflects consideration of the state8 wide strategy under section 503(a)(1);

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

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

11 the need without Federal assistance;

12 ‘‘(4) identify related governmental and commu13 nity initiatives which complement or will be coordi14 nated with the proposal;

15 ‘‘(5) certify that there has been appropriate co16 ordination with all affected agencies;

17 ‘‘(6) outline the initial and ongoing level of

18 community support for implementing the proposal

19 including financial and in-kind contributions or

20 other tangible commitments;

21 ‘‘(7) specify plans for obtaining necessary sup22 port and continuing the proposed program, project,

23 or activity following the conclusion of Federal sup24 port; and
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1 ‘‘(8) if the application is for a grant for hiring

2 or rehiring additional career law enforcement offi3 cers—

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

5 the grantee of a progressively larger share of

6 the cost in the course of time, looking toward

7 the continuation of the increased hiring level

8 using State or local sources of funding following

9 the conclusion of Federal support;

10 ‘‘(B) assess the impact, if any, of the in11 crease in police resources on other components

12 of the criminal justice system; and

13 ‘‘(C) explain how the grant will be utilized

14 to reorient the affected law enforcement agen15 cy’s mission toward community-oriented polic16 ing or enhance its involvement in or commit17 ment to community-oriented policing.

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

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

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

21 submit an application to the State office designated under

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

23 for initial review.

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

25 State office referred to in subsection (a) shall review appli-
21

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1 cations for grants under this part submitted to it, based

2 upon criteria specified by the Attorney General by regula3 tion or guidelines.

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

5 paragraph (1), the State office referred to in subsection

6 (a) shall determine which, if any, of the applications for

7 grants under this part are most likely to be successful in

8 achieving the purposes of the Public Safety Partnership

9 and Community Policing Act of 1993.

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

11 shall list the applications for grants under this part in

12 order of their likelihood of achieving the purposes of the

13 Public Safety Partnership and Community Policing Act

14 of 1993 and shall submit the list along with all grant ap15 plications and supporting materials received to the Attor16 ney General.

17 ‘‘(B) In making the submission to the Attorney Gen18 eral required by subparagraph (A), the State office re19 ferred to in subsection (a) may recommend that a particu20 lar application or applications should receive special prior21 ity and provide supporting reasons for the recommenda22 tion.

23 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN24 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

25 subsection (a), municipalities the population of which ex-
22

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1 ceeds 150,000 may submit an application for a grant

2 under this part directly to the Attorney General. In this

3 subsection, ‘municipalities the population of which exceeds

4 150,000’ means units of local government or law enforce5 ment agencies having jurisdiction over areas with popu6 lations exceeding 150,000, and consortia or associations

7 that include one or more such units of local government

8 or law enforcement agencies.

9 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN10 ERAL BY OTHER APPLICANTS.—Notwithstanding sub11 section (a), if a State chooses not to carry out the func12 tions described in subsection (b), an applicant in the State

13 may submit an application for a grant under this part di14 rectly to the Attorney General.

15 ‘‘SEC. 1704. RENEWAL OF GRANTS.

16 ‘‘(a) IN GENERAL.—Except for grants made for hir17 ing or rehiring additional career law enforcement officers,

18 a grant under this part may be renewed for up to 2 addi19 tional years after the first fiscal year during which a recip20 ient receives its initial grant, if the Attorney General de21 termines that the funds made available to the recipient

22 were used in a manner required under an approved appli23 cation and if the recipient can demonstrate significant

24 progress in achieving the objectives of the initial applica25 tion.
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1 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

2 or rehiring additional career law enforcement officers may

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

4 of subsection (a), but notwithstanding the limitation in

5 that subsection concerning the number of years for which

6 grants may be renewed.

7 ‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex8 ceeding 1 year may be renewed as provided in this section,

9 except that the total duration of such a grant including

10 any renewals may not exceed 3 years, or 6 years if it is

11 a grant made for hiring or rehiring additional career law

12 enforcement officers.

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

14 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

15 made available under this part to State or local govern16 ments shall not be used to supplant State or local funds,

17 but shall be used to increase the amount of funds that

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

19 from State or local sources.

20 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per21 cent of the funds available under this part may be used

22 for the costs of States in carrying out the functions de23 scribed in section 1703(b) or other administrative costs.

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

25 government may use assets received through the Assets
24

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1 Forfeiture equitable sharing program to cover the non2 Federal portion of programs, projects, and activities fund3 ed under this part.

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

5 part for hiring or rehiring a career law enforcement officer

6 may not exceed $75,000, unless the Attorney General

7 grants a waiver from this limitation.

8 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

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

10 project, or activity funded under this part shall contain

11 an evaluation component, developed pursuant to guidelines

12 established by the Attorney General. The evaluations re13 quired by this subsection shall include outcome measures

14 that can be used to determine the effectiveness of the

15 funded programs, projects, and activities. Outcome meas16 ures may include crime and victimization indicators, qual17 ity of life measures, community perceptions, and police

18 perceptions of their own work.

19 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor20 ney General shall review the performance of each grant

21 recipient under this part. The Attorney General may re22 quire a grant recipient to submit to the Attorney General

23 the results of the evaluations required under subsection

24 (a) and such other data and information as the Attorney
25

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1 General deems reasonably necessary to carry out the re2 sponsibilities under this subsection.

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

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

5 the reviews required by section 1706, or otherwise, that

6 a grant recipient under this part is not in substantial com7 pliance with the terms and requirements of an approved

8 grant application submitted under section 1702, the Attor9 ney General may revoke or suspend funding of that grant,

10 in whole or in part.

11 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

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

13 General shall have access for the purpose of audit and ex14 amination to any pertinent books, documents, papers, or

15 records of a grant recipient under this part and to the

16 pertinent books, documents, papers, or records of State

17 and local governments, persons, businesses, and other en18 tities that are involved in programs, projects, or activities

19 for which assistance is provided under this part.

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

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

22 conducted by the Comptroller General of the United

23 States or by an authorized representative of the Comptrol24 ler General.
26

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1 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

2 ‘‘The Attorney General may promulgate regulations

3 and guidelines to carry out this part.

4 ‘‘SEC. 1710. DEFINITION.

5 ‘‘In this part, ‘career law enforcement officer’ means

6 a person hired on a permanent basis who is authorized

7 by law or by a State or local public agency to engage in

8 or supervise the prevention, detection, or investigation of

9 violations of criminal laws.’’.

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

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

12 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by strik13 ing the item relating to part Q and inserting the following:

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

BEAT’

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

‘‘Sec. 1702. Applications.

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

‘‘Sec. 1704. Renewal of grants.

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

‘‘Sec. 1706. Performance evaluation.

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

‘‘Sec. 1708. Access to documents.

‘‘Sec. 1709. General regulatory authority.

‘‘Sec. 1710. Definition.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

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

14 (c) 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—
27

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

2 inserting ‘‘O, P, and Q’’; and

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

4 paragraph:

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

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

7 ‘‘(i) $200,000,000 for fiscal year 1994;

8 ‘‘(ii) $650,000,000 for fiscal year 1995;

9 ‘‘(iii) $650,000,000 for fiscal year 1996;

10 ‘‘(iv) $650,000,000 for fiscal year 1997;

11 ‘‘(v) $650,000,000 for fiscal year 1998; and

12 ‘‘(vi) $650,000,000 for fiscal year 1999.

13 ‘‘(B) Of funds available under part Q in any

14 fiscal year, up to 5 percent may be used for tech15 nical assistance under section 1701(e) or for evalua16 tions or studies carried out or commissioned by the

17 Attorney General in furtherance of the purposes of

18 part Q, and up to 5 percent may be used for the

19 costs of States in carrying out the functions de20 scribed in section 1703 (b) or other administrative

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

22 allocated for grants pursuant to applications submit23 ted as provided in section 1703 (a) or (d), and 40

24 percent shall be allocated for grants pursuant to ap25 plications submitted as provided in section 1703(c).
28

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1 Of the funds available in relation to grants pursuant

2 to applications submitted as provided in section

3 1703 (a) or (d), at least 85 percent shall be applied

4 to grants for the purposes specified in section

5 1701(b), and no more than 15 percent may be ap6 plied to other grants in furtherance of the purposes

7 of part Q. Of the funds available in relation to

8 grants pursuant to applications submitted as pro9 vided in section 1703(c), at least 85 percent shall be

10 applied to grants for the purposes specified in sec11 tion 1701(b), and no more than 15 percent may be

12 applied to other grants in furtherance of the pur13 poses of part Q.’’.

14 TITLE II—DEATH PENALTY

15 SEC. 201. SHORT TITLE.

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

17 Act of 1993’’.

18 SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPO19 SITION OF THE SENTENCE OF DEATH.

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

21 Code, is amended by inserting after chapter 227 the fol22 lowing new chapter:

23 ‘‘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.
29

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‘‘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.

1 ‘‘§ 3591. Sentence of death

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

3 ‘‘(1) an offense described in section 794 or sec4 tion 2381;

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

6 the offense, as determined beyond a reasonable

7 doubt at the hearing under section 3593, constitutes

8 an attempt to intentionally kill the President of the

9 United States and results in bodily injury to the

10 President or comes dangerously close to causing the

11 death of the President; or

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

13 death is provided, if the defendant, as determined

14 beyond a reasonable doubt at the hearing under sec15 tion 3593—

16 ‘‘(A) intentionally killed the victim;

17 ‘‘(B) intentionally inflicted serious bodily

18 injury that resulted in the death of the victim;

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

20 contemplating that the life of a person would be

21 taken or intending that lethal force would be

22 used in connection with a person, other than
30

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1 one of the participants in the offense, and the

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

3 ‘‘(D) intentionally and specifically engaged

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

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

6 participants in the offense, such that participa7 tion in the act constituted a reckless disregard

8 for human life and the victim died as a direct

9 result of the act,

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

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

12 held pursuant to section 3593, it is determined that impo13 sition of a sentence of death is justified, except that no

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

15 years of age at the time of the offense.

16 ‘‘§ 3592. Mitigating and aggravating factors to be con17 sidered in determining whether a sen18 tence of death is justified

19 ‘‘(a) MITIGATING FACTORS.—In determining wheth20 er a sentence of death is to be imposed on a defendant,

21 the finder of fact shall consider any mitigating factor, in22 cluding the following:

23 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca24 pacity to appreciate the wrongfulness of the defend25 ant’s conduct or to conform conduct to the require-
31

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1 ments of law was significantly impaired, regardless

2 of whether the capacity was so impaired as to con3 stitute a defense to the charge.

4 ‘‘(2) DURESS.—The defendant was under un5 usual and substantial duress, regardless of whether

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

7 defense to the charge.

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

9 punishable as a principal in the offense, which was

10 committed by another, but the defendant’s participa11 tion was relatively minor, regardless of whether the

12 participation was so minor as to constitute a defense

13 to the charge.

14 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An15 other defendant or defendants, equally culpable in

16 the crime, will not be punished by death.

17 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The de18 fendant did not have a significant prior history of

19 other criminal conduct.

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

21 the offense under severe mental or emotional dis22 turbance.

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

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

25 death.
32

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

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

3 other circumstance of the offense that mitigate

4 against imposition of the death sentence.

5 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

6 TREASON.—In determining whether a sentence of death

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

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

9 of the following aggravating factors for which notice has

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

11 ‘‘(1) PRIOR ESPIONAGE OR TREASON OF12 FENSE.—The defendant has previously been con13 victed of another offense involving espionage or trea14 son for which a sentence of either life imprisonment

15 or death was authorized by law.

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

17 the commission of the offense the defendant know18 ingly created a grave risk of substantial danger to

19 the national security.

20 ‘‘(3) GRAVE RISK OF DEATH.—In the commis21 sion of the offense the defendant knowingly created

22 a grave risk of death to another person.

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

24 whether any other aggravating factor for which notice has

25 been given exists.
33

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1 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

2 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de3 termining whether a sentence of death is justified for an

4 offense described in section 3591 (2) or (3), the jury, or

5 if there is no jury, the court, shall consider each of the

6 following aggravating factors for which notice has been

7 given and determine which, if any, exist:

8 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

9 CRIME.—The death, or injury resulting in death, oc10 curred during the commission or attempted commis11 sion of, or during the immediate flight from the

12 commission of, an offense under section 32 (destruc13 tion of aircraft or aircraft facilities), section 33 (de14 struction of motor vehicles or motor vehicle facili15 ties), section 36 (violence at international airports),

16 section 351 (violence against Members of Congress,

17 Cabinet officers, or Supreme Court Justices), an of18 fense under section 751 (prisoners in custody of in19 stitution or officer), section 794 (gathering or deliv20 ering defense information to aid foreign govern21 ment), section 844(d) (transportation of explosives

22 in interstate commerce for certain purposes), section

23 844(f) (destruction of Government property by ex24 plosives), section 1118 (prisoners serving life term),

25 section 1201 (kidnaping), section 844(i) (destruction
34

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1 of property affecting interstate commerce by explo2 sives), section 1116 (killing or attempted killing of

3 diplomats), section 1203 (hostage taking), section

4 1992 (wrecking trains), section 2280 (maritime vio5 lence), section 2281 (maritime platform violence),

6 section 2332 (terrorist acts abroad against United

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

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

9 title, or section 902 (i) or (n) of the Federal Avia10 tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air11 craft piracy).

12 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

13 CONVICTION OF VIOLENT FELONY INVOLVING FIRE14 ARM.—For any offense, other than an offense for

15 which a sentence of death is sought on the basis of

16 section 924(c), the defendant—

17 (A) during and in relation to the commis18 sion of the offense or in escaping or attempting

19 to escape apprehension used or possessed a fire20 arm (as defined in section 921); or

21 (B) has previously been convicted of a

22 Federal or State offense punishable by a term

23 of imprisonment of more than 1 year, involving

24 the use or attempted or threatened use of a
35

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1 firearm (as defined in section 921) against an2 other person.

3 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

4 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON5 MENT WAS AUTHORIZED.—The defendant has pre6 viously been convicted of another Federal or State

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

8 a sentence of life imprisonment or a sentence of

9 death was authorized by statute.

10 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI11 OUS OFFENSES.—The defendant has previously been

12 convicted of 2 or more Federal or State offenses,

13 punishable by a term of imprisonment of more than

14 1 year, committed on different occasions, involving

15 the infliction of, or attempted infliction of, serious

16 bodily injury or death upon another person.

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

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

19 offense, or in escaping apprehension for the violation

20 of the offense, knowingly created a grave risk of

21 death to 1 or more persons in addition to the victim

22 of the offense.

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

24 OF COMMITTING OFFENSE.—The defendant commit25 ted the offense in an especially heinous, cruel, or de-
36

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1 praved manner in that it involved torture or serious

2 physical abuse to the victim.

3 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY4 MENT.—The defendant procured the commission of

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

6 anything of pecuniary value.

7 ‘‘(8) PECUNIARY GAIN.—The defendant com8 mitted the offense as consideration for the receipt,

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

10 pecuniary value.

11 ‘‘(9) SUBSTANTIAL PLANNING AND

12 PREMEDITATION.—The defendant committed the of13 fense after substantial planning and premeditation

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

15 terrorism.

16 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF17 FENSES.—The defendant has previously been con18 victed of 2 or more State or Federal offenses pun19 ishable by a term of imprisonment of more than one

20 year, committed on different occasions, involving the

21 distribution of a controlled substance.

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

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

24 infirmity.
37

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1 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL

2 DRUG OFFENSES.—The defendant had previously

3 been convicted of violating title II or III of the Con4 trolled Substances Act for which a sentence of 5 or

5 more years may be imposed or had previously been

6 convicted of engaging in a continuing criminal enter7 prise.

8 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN9 VOLVING DRUG SALES TO MINORS.—The defendant

10 committed the offense in the course of engaging in

11 a continuing criminal enterprise in violation of sec12 tion 408(c) of the Controlled Substances Act (21

13 U.S.C. 848(c)), and that violation involved the dis14 tribution of drugs to persons under the age of 21 in

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

16 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defend17 ant committed the offense against—

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

19 the President-elect, the Vice President, the

20 Vice-President-elect, the Vice-President-des21 ignate, or, if there is no Vice President, the of22 ficer next in order of succession to the office of

23 the President of the United States, or any per24 son who is acting as President under the Con25 stitution and laws of the United States;
38

•S 1488 PCS

1 ‘‘(B) a chief of state, head of government,

2 or the political equivalent, of a foreign nation;

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

4 1116(b)(3)(A), if the official is in the United

5 States on official business; or

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

7 judge, a law enforcement officer, or an em8 ployee of a United States penal or correctional

9 institution—

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

11 performance of his or her official duties;

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

13 or her official duties; or

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

15 a public servant.

16 For purposes of this subparagraph, a ‘law en17 forcement officer’ is a public servant authorized

18 by law or by a Government agency or Congress

19 to conduct or engage in the prevention, inves20 tigation, or prosecution or adjudication of an

21 offense, and includes those engaged in correc22 tions, parole, or probation functions.

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

24 whether any other aggravating factor for which notice has

25 been given exists.
39

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1 ‘‘§ 3593. Special hearing to determine whether a sen2 tence of death is justified

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

4 involving an offense described in section 3591, the attor5 ney for the government believes that the circumstances of

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

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

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

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

10 defendant, a notice—

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

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

13 defendant is convicted, a sentence of death is justi14 fied under this chapter and that the government will

15 seek the sentence of death; and

16 ‘‘(2) setting forth the aggravating factor or fac17 tors that the government, if the defendant is con18 victed, proposes to prove as justifying a sentence of

19 death.

20 The factors for which notice is provided under this sub21 section may include factors concerning the effect of the

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

23 include oral testimony, a victim impact statement that

24 identifies the victim of the offense and the extent and

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

26 the victim’s family, and any other relevant information.
40

•S 1488 PCS

1 The court may permit the attorney for the government

2 to amend the notice upon a showing of good cause.

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

4 attorney for the government has filed a notice as required

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

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

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

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

9 unavailable, shall conduct a separate sentencing hearing

10 to determine the punishment to be imposed. The hearing

11 shall be conducted—

12 ‘‘(1) before the jury that determined the de13 fendant’s guilt;

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

15 the hearing if—

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

17 plea of guilty;

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

19 trial before the court sitting without a jury;

20 ‘‘(C) the jury that determined the defend21 ant’s guilt was discharged for good cause; or

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

23 under this section, reconsideration of the sen24 tence under this section is necessary; or
41

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

2 the defendant and with the approval of the attorney

3 for the government.

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

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

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

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

8 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC9 TORS.—Notwithstanding rule 32(c) of the Federal Rules

10 of Criminal Procedure, when a defendant is found guilty

11 or pleads guilty to an offense under section 3591, no

12 presentence report shall be prepared. At the sentencing

13 hearing, information may be presented as to any matter

14 relevant to the sentence, including any mitigating or ag15 gravating factor permitted or required to be considered

16 under section 3592. Information presented may include

17 the trial transcript and exhibits if the hearing is held be18 fore a jury or judge not present during the trial. The de19 fendant may present any information relevant to a miti20 gating factor. The government may present any informa21 tion relevant to an aggravating factor for which notice has

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

23 the defendant shall be permitted to rebut any information

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

25 to present argument as to the adequacy of the information
42

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1 to establish the existence of any aggravating or mitigating

2 factor, and as to the appropriateness in the case of impos3 ing a sentence of death. The government shall open the

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

5 government shall then be permitted to reply in rebuttal.

6 The burden of establishing the existence of any aggravat7 ing factor is on the government, and is not satisfied unless

8 the existence of such a factor is established beyond a rea9 sonable doubt. The burden of establishing the existence

10 of any mitigating factor is on the defendant, and is not

11 satisfied unless the existence of such a factor is established

12 by a preponderance of the information.

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

14 if there is no jury, the court, shall consider all the informa15 tion received during the hearing. It shall return special

16 findings identifying any aggravating factor or factors set

17 forth in section 3592 found to exist and any other aggra18 vating factor for which notice has been provided under

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

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

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

22 existence of a mitigating factor may consider such factor

23 established for purposes of this section regardless of the

24 number of jurors who concur that the factor has been es25 tablished. A finding with respect to any aggravating factor
43

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

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

3 sentence other than death authorized by law.

4 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN5 TENCE OF DEATH.—If, in the case of—

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

7 aggravating factor required to be considered under

8 section 3592(b) is found to exist; or

9 ‘‘(2) an offense described in section 3591 (2) or

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

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

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

13 whether all the aggravating factor or factors found to exist

14 sufficiently outweigh all the mitigating factor or factors

15 found to exist to justify a sentence of death, or, in the

16 absence of a mitigating factor, whether the aggravating

17 factor or factors alone are sufficient to justify a sentence

18 of death. Based upon this consideration, the jury by unan19 imous vote, or if there is no jury, the court, shall rec20 ommend whether the defendant should be sentenced to

21 death, to life imprisonment without possibility of release

22 or some other lesser sentence. The jury or the court, if

23 there is no jury, regardless of its findings with respect to

24 aggravating and mitigating factors, is never required to
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1 impose a death sentence and the jury shall be so in2 structed.

3 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST

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

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

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

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

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

9 defendant or of any victim and that the jury is not to rec10 ommend a sentence of death unless it has concluded that

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

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

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

14 may be. The jury, upon return of a finding under sub15 section (e), shall also return to the court a certificate,

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

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

18 or any victim was not involved in reaching his or her indi19 vidual decision and that the individual juror would have

20 made the same recommendation regarding a sentence for

21 the crime in question no matter what the race, color, reli22 gious beliefs, national origin, or sex of the defendant or

23 any victim may be.
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1 ‘‘§ 3594. Imposition of a sentence of death

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

3 the defendant should be sentenced to death or life impris4 onment without possibility of release, the court shall sen5 tence the defendant accordingly. Otherwise, the court shall

6 impose any lesser sentence that is authorized by law. Not7 withstanding any other law, if the maximum term of im8 prisonment for the offense is life imprisonment, the court

9 may impose a sentence of life imprisonment without possi10 bility of release.

11 ‘‘§ 3595. Review of a sentence of death

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

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

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

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

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

17 be consolidated with an appeal of the judgment of convic18 tion and shall have priority over all other cases.

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

20 entire record in the case, including—

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

22 ‘‘(2) the information submitted during the sen23 tencing hearing;

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

25 hearing; and
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1 ‘‘(4) the special findings returned under section

2 3593(d).

3 ‘‘(c) DECISION AND DISPOSITION.—

4 ‘‘(1) The court of appeals shall address all sub5 stantive and procedural issues raised on the appeal

6 of a sentence of death, and shall consider whether

7 the sentence of death was imposed under the influ8 ence of passion, prejudice, or any other arbitrary

9 factor and whether the evidence supports the special

10 finding of the existence of an aggravating factor re11 quired to be considered under section 3592.

12 ‘‘(2) Whenever the court of appeals finds

13 that—

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

15 under the influence of passion, prejudice, or any

16 other arbitrary factor;

17 ‘‘(B) the admissible evidence and informa18 tion adduced does not support the special find19 ing of the existence of the required aggravating

20 factor; or

21 ‘‘(C) the proceedings involved any other

22 legal error requiring reversal of the sentence

23 that was properly preserved for appeal under

24 the rules of criminal procedure,
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1 the court shall remand the case for reconsideration

2 under section 3593 or imposition of a sentence other

3 than death.

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

5 the reasons for its disposition of an appeal of a sen6 tence of death under this section.

7 ‘‘§ 3596. Implementation of a sentence of death

8 ‘‘(a) IN GENERAL.—A person who has been sen9 tenced to death pursuant to this chapter shall be commit10 ted to the custody of the Attorney General until exhaus11 tion of the procedures for appeal of the judgment of con12 viction and for review of the sentence. When the sentence

13 is to be implemented, the Attorney General shall release

14 the person sentenced to death to the custody of a United

15 States marshal, who shall supervise implementation of the

16 sentence in the manner prescribed by the law of the State

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

18 does not provide for implementation of a sentence of

19 death, the court shall designate another State, the law of

20 which does provide for the implementation of a sentence

21 of death, and the sentence shall be implemented in the

22 latter State in the manner prescribed by such law.

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

24 not be carried out upon a woman while she is pregnant.
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1 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall

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

3 A sentence of death shall not be carried out upon a person

4 who, as a result of mental disability, lacks the mental ca5 pacity to understand the death penalty and why it was

6 imposed on that person.

7 ‘‘§ 3597. Use of State facilities

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

9 charged with supervising the implementation of a sentence

10 of death may use appropriate State or local facilities for

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

12 or local official or of a person such an official employs

13 for the purpose, and shall pay the costs thereof in an

14 amount approved by the Attorney General.

15 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI16 GIOUS GROUNDS.—No employee of any State department

17 of corrections, the United States Department of Justice,

18 the Federal Bureau of Prisons, or the United States Mar19 shals Service, and no employee providing services to that

20 department, bureau, or service under contract shall be re21 quired, as a condition of that employment or contractual

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

23 prosecution or execution under this section if such partici24 pation is contrary to the moral or religious convictions of

25 the employee. In this subsection, ‘participation in execu-
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1 tions’ includes personal preparation of the condemned in2 dividual and the apparatus used for execution and super3 vision of the activities of other personnel in carrying out

4 such activities.

5 ‘‘§ 3598. Special provisions for Indian country

6 ‘‘Notwithstanding sections 1152 and 1153, no person

7 subject to the criminal jurisdiction of an Indian tribal gov8 ernment shall be subject to a capital sentence under this

9 chapter for any offense the Federal jurisdiction for which

10 is predicated solely on Indian country (as defined in sec11 tion 1151 of this title) and which has occurred within the

12 boundaries of Indian country, unless the governing body

13 of the tribe has elected that this chapter have effect over

14 land and persons subject to its criminal jurisdiction.’’.

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

16 part II of title 18, United States Code, is amended by

17 inserting after the item relating to chapter 227 the follow18 ing new item:

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

19 SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PEN20 ALTY IS AUTHORIZED.

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

22 United States Code, is amended as follows:

23 (1) AIRCRAFT AND MOTOR VEHICLES.—Section

24 34 of title 18, United States Code, is amended by

25 striking the comma after ‘‘imprisonment for life’’,
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1 inserting a period, and striking the remainder of the

2 section.

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

4 United States Code, is amended by striking the pe5 riod at the end of the section and inserting ‘‘, except

6 that the sentence of death shall not be imposed un7 less the jury or, if there is no jury, the court, further

8 finds that the offense directly concerned nuclear

9 weaponry, military spacecraft or satellites, early

10 warning systems, or other means of defense or retal11 iation against large-scale attack; war plans; commu12 nications intelligence or cryptographic information;

13 or any other major weapons system or major ele14 ment of defense strategy.’’.

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

16 844(d) of title 18, United States Code, is amended

17 by striking ‘‘as provided in section 34 of this title’’.

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

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

20 34 of this title’’.

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

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

23 34 of this title’’.
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1 (4) MURDER.—The second undesignated para2 graph of section 1111(b) of title 18, United States

3 Code, is amended to read as follows:

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

5 shall be punished by death or by imprisonment for

6 life;’’.

7 (5) KILLING OF FOREIGN OFFICIAL.—Section

8 1116(a) of title 18, United States Code, is amended

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

10 murder in the first degree shall be sentenced to im11 prisonment for life, and’’.

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

13 United States Code, is amended by inserting after

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

15 person results, shall be punished by death or life im16 prisonment’’.

17 (7) NONMAILABLE INJURIOUS ARTICLES.—The

18 last paragraph of section 1716 of title 18, United

19 States Code, is amended by striking the comma

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

21 and striking the remainder of the paragraph.

22 (8) PRESIDENTIAL ASSASSINATIONS.—Sub23 section (c) of section 1751 of title 18, United States

24 Code, is amended to read as follows:
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1 ‘‘(c) Whoever attempts to kill or kidnap any individ2 ual designated in subsection (a) of this section, shall be

3 punished—

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

5 for life; or

6 ‘‘(2) if the conduct constitutes an attempt to in7 tentionally kill the President of the United States

8 and results in bodily injury to the President or oth9 erwise comes dangerously close to causing the death

10 of the President, by death or imprisonment for any

11 term of years or for life.’’.

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

13 undesignated paragraph of section 1992 of title 18,

14 United States Code, is amended by striking the

15 comma after ‘‘imprisonment for life’’, inserting a pe16 riod, and striking the remainder of the section.

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

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

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

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

21 punished by death or life imprisonment’’.

22 (11) HOSTAGE TAKING.—Section 1203(a) of

23 title 18, United States Code, is amended by insert24 ing after ‘‘or for life’’ the following: ‘‘and, if the
53

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1 death of any person results, shall be punished by

2 death or life imprisonment’’.

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

4 18, United States Code, is amended by striking

5 ‘‘and if death results, shall be subject to imprison6 ment for any term of years or for life, or shall be

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

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

9 life imprisonment, or shall be fined not more than

10 $250,000, or both’’.

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

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

13 follows:

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

15 or a fine of not more than $250,000, or both; and

16 for kidnapping, by imprisonment for any term of

17 years or for life, or a fine of not more than

18 $250,000, or both;’’.

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

20 18, United States Code, is amended by striking ‘‘a

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

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

23 death or imprisonment for life and a fine of not

24 more than $1,000,000, or both;’’.
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1 (15) CARJACKING.—Section 2119(3) of title 18,

2 United States Code, is amended by striking the pe3 riod after ‘‘both’’ and inserting ‘‘, or sentenced to

4 death.’’.

5 (b) CONFORMING AMENDMENT TO FEDERAL AVIA6 TION ACT OF 1954.—Section 903 of the Federal Aviation

7 Act of 1958 (49 U.S.C. 1473) is amended by striking sub8 section (c).

9 SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY

10 JUSTICE.

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

12 by this title, shall not apply to prosecutions under the Uni13 form Code of Military Justice (10 U.S.C. 801).

14 SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL

15 PRISONER.

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

17 States Code, is amended by adding at the end the follow18 ing new section:

19 ‘‘§ 1118. Murder by a Federal prisoner

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

21 Federal correctional institution under a sentence for a

22 term of life imprisonment, commits the murder of another

23 shall be punished by death or by life imprisonment.

24 ‘‘(b) DEFINITIONS.—In this section—
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1 ‘‘ ‘Federal correctional institution’ means any

2 Federal prison, Federal correctional facility, Federal

3 community program center, or Federal halfway

4 house.

5 ‘‘ ‘murder’ means a first degree or second de6 gree murder (as defined by section 1111).

7 ‘‘ ‘term of life imprisonment’ means a sentence

8 for the term of natural life, a sentence commuted to

9 natural life, an indeterminate term of a minimum of

10 at least fifteen years and a maximum of life, or an

11 unexecuted sentence of death.’’.

12 (b) TECHNICAL AMENDMENT.—The chapter analysis

13 for chapter 51 of title 18, United States Code, is amended

14 by adding at the end the following new item:

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

15 SEC. 206. 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. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL

9 LAW ENFORCEMENT OFFICIALS.

10 Section 1114(a) 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, or, in the case of

15 manslaughter, a sentence as provided under section

16 1112.’’.

17 SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF

18 WEAPONS TO FURTHER DRUG CONSPIR19 ACIES.

20 (a) SHORT TITLE.—This section may be cited as the

21 ‘‘Drive-By Shooting Prevention Act of 1993’’.

22 (b) IN GENERAL.—Chapter 2 of title 18, United

23 States Code, is amended by adding at the end the follow24 ing new section:
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1 ‘‘§ 36. Drive-by shooting

2 ‘‘(a) DEFINITION.—In this section, ‘major drug of3 fense’ means—

4 ‘‘(1) a continuing criminal enterprise punish5 able under section 403(c) of the Controlled Sub6 stances Act (21 U.S.C. 848(c));

7 ‘‘(2) a conspiracy to distribute controlled sub8 stances punishable under section 406 of the Con9 trolled Substances Act (21 U.S.C. 846) section 1013

10 of the Controlled Substances Import and Export

11 Control Act (21 U.S.C. 963); and

12 ‘‘(3) an offense involving major quantities of

13 drugs and punishable under section 401(b)(1)(A) of

14 the Controlled Substances Act (21 U.S.C.

15 841(b)(1)(A)) or section 1010(b)(1) of the Con16 trolled Substances Import and Export Act (21

17 U.S.C. 960(b)(1)).

18 ‘‘(b) OFFENSE AND PENALTIES.—(1) A person who,

19 in furtherance or to escape detection of a major drug of20 fense and with the intent to intimidate, harass, injure, or

21 maim, fires a weapon into a group of two or more persons

22 and who, in the course of such conduct, causes grave risk

23 to any human life shall be punished by a term of no more

24 than 25 years, by fine under this title, or both.

25 ‘‘(2) A person who, in furtherance or to escape detec26 tion of a major drug offense and with the intent to intimi-
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1 date, harass, injure, or maim, fires a weapon into a group

2 of 2 or more persons and who, in the course of such con3 duct, kills any person shall, if the killing—

4 ‘‘(A) is a first degree murder (as defined in sec5 tion 1111(a)), be punished by death or imprison6 ment for any term of years or for life, fined under

7 this title, or both; or

8 ‘‘(B) is a murder other than a first degree mur9 der (as defined in section 1111(a)), be fined under

10 this title, imprisoned for any term of years or for

11 life, or both.’’.

12 (c) TECHNICAL AMENDMENT.—The chapter analysis

13 for chapter 2 of title 18, United States Code, is amended

14 by adding at the end the following new item:

‘‘36. Drive-by shooting.’’.

15 SEC. 209. FOREIGN MURDER OF UNITED STATES NATION16 ALS.

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

18 States Code, is amended by adding at the end the follow19 ing new section:

20 ‘‘§ 1118. Foreign murder of United States nationals

21 ‘‘(a) DEFINITION.—In this section, ‘national of the

22 United States’ has the meaning stated in section

23 101(a)(22) of the Immigration and Nationality Act (8

24 U.S.C. 1101(a)(22)).
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1 ‘‘(b) OFFENSE.—A person who, being a national of

2 the United States, kills or attempts to kill a national of

3 the United States while such national is outside the Unit4 ed States but within the jurisdiction of another country

5 shall be punished as provided under sections 1111, 1112,

6 and 1113.

7 ‘‘(c) LIMITATIONS ON PROSECUTION.—(1) No pros8 ecution may be instituted against any person under this

9 section except upon the written approval of the Attorney

10 General, the Deputy Attorney General, or an Assistant At11 torney General, which function of approving prosecutions

12 may not be delegated. No prosecution shall be approved

13 if prosecution has been previously undertaken by a foreign

14 country for the same conduct.

15 ‘‘(2) No prosecution shall be approved under this sec16 tion unless the Attorney General, in consultation with the

17 Secretary of State, determines that the conduct took place

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

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

20 return. A determination by the Attorney General under

21 this paragraph is not subject to judicial review.’’.

22 (b) TECHNICAL AMENDMENTS.—(1) Section 1117 of

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

24 1116’’ and inserting ‘‘1116, or 1118’’.
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1 (2) The chapter analysis for chapter 51 of title 18,

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

3 following new item:

‘‘1118. Foreign murder of United States nationals.’’.

4 SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLES5 TATION MURDERS.

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

7 States Code, is amended—

8 (1) by redesignating section 2245 as section

9 2246; and

10 (2) by inserting after section 2244 the following

11 new section:

12 ‘‘§ 2245. Sexual abuse resulting in death

13 ‘‘A person who, in the course of an offense under this

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

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

16 any term of years or for life.’’.

17 (b) TECHNICAL AMENDMENTS.—The chapter analy18 sis for chapter 109A of title 18, United States Code, is

19 amended by striking the item for section 2245 and insert20 ing the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.
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1 SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF

2 CHILDREN.

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

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

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

6 conduct that results in the death of a person, shall be pun7 ished by death or imprisoned for any term of years or for

8 life.’’.

9 SEC. 212. MURDER BY ESCAPED PRISONERS.

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

11 States Code, as amended by section 109(a), is amended

12 by adding at the end the following new section:

13 ‘‘§ 1119. Murder by escaped prisoners

14 ‘‘(a) DEFINITION.—In this section, ‘Federal prison’

15 and ‘term of life imprisonment’ have the meanings stated

16 in section 1118.

17 ‘‘(b) OFFENSE AND PENALTY.—A person, having es18 caped from a Federal prison where the person was con19 fined under a sentence for a term of life imprisonment,

20 kills another shall be punished as provided in sections

21 1111 and 1112.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 51 of title 18, United States Code, as amended

24 by section 109(b)(2), is amended by adding at the end

25 the following new item:

‘‘1119. Murder by escaped prisoners.’’.
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1 SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING

2 FEDERAL CRIMES OF VIOLENCE AND DRUG

3 TRAFFICKING CRIMES.

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

5 amended by adding at the end the following new sub6 section:

7 ‘‘(o) A person who, in the course of a violation of

8 subsection (c), causes the death of a person through the

9 use of a firearm, shall—

10 ‘‘(1) if the killing is a murder (as defined in

11 section 1111), be punished by death or by imprison12 ment for any term of years or for life; and

13 ‘‘(2) if the killing is manslaughter (as defined

14 in section 1112), be punished as provided in that

15 section.’’.

16 SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES IN17 VOLVING FIREARMS IN FEDERAL FACILITIES.

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

19 amended—

20 (1) by redesignating subsections (c), (d), (e),

21 and (f) as subsections (d), (e), (f), and (g), respec22 tively;

23 (2) in subsection (a) by striking ‘‘(c)’’ and in24 serting ‘‘(d)’’; and

25 (3) by inserting after subsection (b) the follow26 ing new subsection:
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1 ‘‘(c) A person who kills or attempts to kill any person

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

3 in the course of an attack on a Federal facility involving

4 the use of a firearm or other dangerous weapon, shall be

5 punished as provided in sections 1111, 1112, and 1113.’’.

6 SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.

7 Section 274(a) of the Immigration and Naturaliza8 tion Act (8 U.S.C. 1324) is amended by inserting before

9 the period at the end the following: ‘‘; Provided further,

10 That if during and in relation to an offense described in

11 paragraph (1) the person causes serious bodily injury to,

12 or places in jeopardy the life of, any alien, such person

13 shall be subject to a term of imprisonment of not more

14 than 20 years, and if the death of any alien results, shall

15 be punished by death or imprisoned for any term of years

16 or for life.’’.

17 TITLE III—HABEAS CORPUS

18 REFORM

19 SEC. 301. SHORT TITLE.

20 This title may be cited as the ‘‘Habeas Corpus Re21 form Act of 1993’’.

22 SEC. 302. FILING DEADLINES.

23 (a) IN GENERAL.—Section 2242 of title 28, United

24 States Code, is amended—

25 (1) by amending the heading to read as follows:
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1 ‘‘§ 2242. Filing of habeas corpus petition; time re2 quirements; tolling rules’’;

3 (2) by inserting ‘‘(a)(1)’’ before the first para4 graph, ‘‘(2)’’ before the second paragraph, ‘‘(3)’’ be5 fore the third paragraph, and ‘‘(4)’’ before the

6 fourth paragraph;

7 (3) by amending the third paragraph, as des8 ignated by paragraph (3), to read as follows:

9 ‘‘(3) Leave to amend or supplement the petition shall

10 be freely given, as provided in the rules of procedure appli11 cable to civil actions.’’; and

12 (4) by adding at the end the following new sub13 sections:

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

15 section 2254 shall be filed in the appropriate district court

16 not later than 180 days after—

17 ‘‘(1) the last day for filing a petition for writ

18 of certiorari in the United States Supreme Court on

19 direct appeal or unitary review of the conviction and

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

21 the time limits established by law;

22 ‘‘(2) the date of the denial of a writ of certio23 rari, if a petition for a writ of certiorari to the high24 est court of the State on direct appeal or unitary re25 view of the conviction and sentence is filed, within
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1 the time limits established by law, in the United

2 States Supreme Court; or

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

4 the United States Supreme Court, if on a petition

5 for a writ of certiorari the Supreme Court grants

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

7 leaves the sentence undisturbed.

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

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

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

11 court within 270 days of the appointment of counsel as

12 required by section 2258, the petitioner shall have 180

13 days to file a petition under this chapter upon completion

14 of the State court review.

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

16 (b) shall not apply unless the State has provided notice

17 to a petitioner under sentence of death of the time require18 ments established by this section. Such notice shall be pro19 vided upon the final disposition of the initial petition for

20 State post-conviction review.

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

22 imposed, the time requirements established by subsection

23 (b) shall be tolled—
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1 ‘‘(A) during any period in which the State has

2 failed to appoint counsel for State post-conviction re3 view as required in section 2258;

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

5 is incompetent; and

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

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

8 cause.

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

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

11 than death has filed—

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

13 State court; or

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

15 review,

16 before the expiration of the period described in subsection

17 (b), the petitioner shall have 180 days to file a petition

18 under this chapter upon completion of the State court re19 view.

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

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

22 than death has been imposed unless—

23 ‘‘(A) the State has provided notice to the peti24 tioner of the time requirements established by this

25 section and of the availability of counsel as described
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1 in subparagraph (B); such notice shall be provided

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

3 time the petitioner’s conviction becomes final, except

4 that in a case in which the petitioner’s conviction be5 comes final within 30 days of sentencing, the State

6 may provide both the oral and the written notice at

7 sentencing; in all cases, the written notice to peti8 tioner shall include easily understood instructions for

9 filing a request for counsel for State post-conviction

10 review; and

11 ‘‘(B)(i) the State provides counsel to the peti12 tioner upon the filing of a request for counsel for

13 State post-conviction review; or

14 ‘‘(ii) the State provides counsel to the peti15 tioner, if a request for counsel for State post-convic16 tion review is not filed, upon the filing of a petition

17 for post-conviction review.

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

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

20 death has been imposed—

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

22 is incompetent; and

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

24 60 days, if the petitioner makes a showing of good

25 cause.
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1 ‘‘(e) An application that is not filed within the time

2 requirements established by subsection (b) shall be gov3 erned by section 2244(b).’’.

4 (b) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 153 of title 28, United States Code is amended

6 by amending the item relating to section 2242 to read as

7 follows:

‘‘2242. Filing of habeas corpus petition; time requirements; tolling rules.’’.

8 SEC. 303. STAYS OF EXECUTION IN CAPITAL CASES.

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

10 amended—

11 (1) by inserting ‘‘(a)(1)’’ before the first para12 graph and ‘‘(2)’’ before the second paragraph; and

13 (2) by adding at the end the following new sub14 sections:

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

16 a warrant or order setting an execution shall be stayed

17 upon application to any court that would have jurisdiction

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

19 shall be contingent upon the exercise of reasonable dili20 gence by the applicant in pursuing relief with respect to

21 the sentence and shall expire if—

22 ‘‘(1) the applicant fails to file for relief under

23 this chapter within the time requirements estab24 lished by section 2242;
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1 ‘‘(2) upon completion of district court and court

2 of appeals review under section 2254, the application

3 is denied and—

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

5 writ of certiorari expires before a petition is

6 filed;

7 ‘‘(B) a timely petition for a writ of certio8 rari is filed and the Supreme Court denies the

9 petition; or

10 ‘‘(C) a timely petition for certiorari is filed

11 and, upon consideration of the case, the Su12 preme Court disposes of it in a manner that

13 leaves the capital sentence undisturbed; or

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

15 the presence of counsel, and after being advised of

16 the consequences of the decision, the applicant com17 petently and knowingly waives the right to pursue

18 habeas corpus relief under this chapter.

19 ‘‘(c) If any 1 of the conditions in subsection (b) has

20 occurred, no Federal court thereafter shall have the au21 thority to enter a stay of execution unless the applicant

22 has filed a habeas corpus petition that satisfies, on its

23 face, section 2244(b) or 2256. A stay granted pursuant

24 to this subsection shall expire if, after the grant of the
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1 stay, 1 of the conditions specified in subsection (b) (2)

2 or (3) occurs.’’.

3 SEC. 304. LIMITS ON NEW RULES; STANDARD OF REVIEW.

4 (a) LIMITS ON NEW RULES.—

5 (1) IN GENERAL.—Chapter 153 of Title 28,

6 United States Code, as amended by section 306(a),

7 is amended by adding at the end the following new

8 section:

9 ‘‘§ 2257. Law applicable

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

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

12 apply a new rule to grant habeas corpus relief.

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

14 shall apply a new rule when—

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

16 conduct beyond the power of the criminal lawmaking

17 authority to proscribe or prohibits the imposition of

18 a certain type of punishment for a class of persons

19 because of their status or offense; or

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

21 of criminal procedure implicating the fundamental

22 fairness and accuracy of the criminal proceeding.

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

24 that changes the constitutional or statutory standards
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1 that prevailed at the time the petitioner’s conviction and

2 sentence became final on direct appeal.’’.

3 (2) TECHNICAL AMENDMENT.—The chapter

4 analysis for chapter 153 of title 28, United States

5 Code, as amended by section 306(b), is amended by

6 adding at the end the following new item:

‘‘2257. Law applicable.’’.

7 (b) STANDARD OF REVIEW.—Section 2254(a) of title

8 28, United States Code, is amended by adding at the end

9 the following: ‘‘Except as to Fourth Amendment claims

10 controlled by Stone v. Powell, 428 U.S. 465 (1976), the

11 Federal courts, in reviewing an application under this sec12 tion, shall review de novo the rulings of a State court on

13 matters of Federal law, including the application of Fed14 eral law to facts, regardless of whether the opportunity

15 for a full and fair hearing on such Federal questions has

16 been provided in the State court. In the case of a violation

17 that can be harmless, the State shall bear the burden of

18 proving harmlessness.’’.

19 SEC. 305. LIMITS ON SUCCESSIVE PETITIONS.

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

21 amended to read as follows:

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

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

24 dismissed unless—

25 ‘‘(A) the petitioner shows that—
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1 ‘‘(i) the failure to raise the claim pre2 viously was the result of interference by State

3 officials with the presentation of the claim, in

4 violation of the Constitution or laws of the

5 United States;

6 ‘‘(ii) the claim relies on a new rule that is

7 applicable under section 2257 and was pre8 viously unavailable; or

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

10 could not have been discovered previously

11 through the exercise of reasonable diligence;

12 and

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

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

15 be sufficient to—

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

17 the factfinder’s determination of the applicant’s

18 guilt of the offense or offenses for which the

19 sentence was imposed; or

20 ‘‘(ii) demonstrate that no reasonable sen21 tencing authority would have found an aggra22 vating circumstance or other condition of eligi23 bility for a capital or noncapital sentence, or

24 otherwise would have imposed a sentence of

25 death.
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1 ‘‘(2) Notwithstanding other matters pending before

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

3 case in which a sentence of death was imposed shall re4 ceive a prompt review in a manner consistent with the in5 terests of justice.’’.

6 SEC. 306. NEW EVIDENCE.

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

8 States Code, as amended by section 304(a)(1), is amended

9 by adding at the end the following new section:

10 ‘‘§ 2256. Capital cases; new evidence

11 ‘‘For purposes of this chapter, a claim arising from

12 a violation of the Constitution, laws, or treaties of the

13 United States shall include a claim by a person under sen14 tence of death that is based on factual allegations that,

15 if proven and viewed in light of the evidence as a whole,

16 would be sufficient to demonstrate that no reasonable

17 factfinder would have found the petitioner guilty of the

18 offense or that no reasonable sentencing authority would

19 have found an aggravating circumstance or other condi20 tion of eligibility for the sentence. Such a claim shall be

21 dismissed if the facts supporting the claim were actually

22 known to the petitioner during a prior stage of the litiga23 tion in which the claim was not raised. Notwithstanding

24 any other provision of this chapter, the claim shall not

25 be subject to section 2244(b) or the time requirements es-
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1 tablished by section 2242. In all other respects, the claim

2 shall be subject to the rules applicable to claims under this

3 chapter.’’.

4 (b) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 153 of title 28, United States Code, as amend6 ed by section 304(a)(2), is amended by adding at the end

7 the following new item:

‘‘2258. Capital cases; new evidence.’’.

8 SEC. 307. CERTIFICATES OF PROBABLE CAUSE.

9 The third paragraph of section 2253 of title 28, Unit10 ed States Code, is amended by adding at the end the fol11 lowing: ‘‘However, an applicant under sentence of death

12 shall have a right of appeal without a certificate of prob13 able cause, except after denial of a habeas corpus petition

14 filed under section 2244(b).’’.

15 SEC. 308. PROVISION OF COUNSEL.

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

17 States Code, as amended by section 304(a)(1), is amended

18 by adding at the end the following new section:

19 ‘‘§ 2258. Counsel in capital cases; State court

20 ‘‘(a) COUNSEL.—(1) A State in which a sentence of

21 death may be imposed under State law shall provide legal

22 services to—

23 ‘‘(A) indigents charged with offenses for which

24 capital punishment is sought;
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1 ‘‘(B) indigents who have been sentenced to

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

3 unitary review in State court; and

4 ‘‘(C) indigents who have been sentenced to

5 death and who seek certiorari review of State court

6 judgments in the United States Supreme Court.

7 ‘‘(2) This section shall not apply or form a basis for

8 relief to nonindigents.

9 ‘‘(b) COUNSEL CERTIFICATION AUTHORITY.—A

10 State in which a sentence of death may be imposed under

11 State law shall, within 180 days after the date of enact12 ment of this subsection, establish a State counsel certifi13 cation authority, which shall be comprised of members of

14 the bar with substantial experience in, or commitment to,

15 the representation of criminal defendants in capital cases,

16 and shall be comprised of a balanced representation from

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

18 a statewide defender organization, a capital case resource

19 center, local public defender’s offices and private attorneys

20 involved in criminal trial, appellate, post-conviction, or

21 unitary review practice. If a State fails to establish a coun22 sel certification authority within 180 days after the date

23 of enactment of this subsection, a private cause of action

24 may be brought in Federal district court to enforce this

25 subsection by any aggrieved party, including a defendant
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1 eligible for appointed representation under this subsection

2 or a member of an organization eligible for representation

3 on the counsel certification authority. If the court finds

4 that the State has failed to establish a counsel certification

5 authority as required by this subsection, the court shall

6 grant appropriate injunctive and declaratory relief, except

7 that the court shall not grant relief that disturbs any

8 criminal conviction or sentence, obstructs the prosecution

9 of State criminal proceedings, or alters proceedings arising

10 under this chapter.

11 ‘‘(c) DUTIES OF AUTHORITY; CERTIFICATION OF

12 COUNSEL.—The counsel certification authority shall—

13 ‘‘(1) establish and publish standards governing

14 qualifications of counsel, which shall include—

15 ‘‘(A) knowledge and understanding of per16 tinent legal authorities regarding issues in cap17 ital cases;

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

19 and litigation in capital cases, the investigation

20 of capital cases and the psychiatric history and

21 current condition of capital clients, and the

22 preparation and writing of legal papers in cap23 ital cases;

24 ‘‘(C) the minimum qualifications required

25 by subsection (d); and
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1 ‘‘(D) any additional qualifications relevant

2 to the representation of capital defendants;

3 ‘‘(2) establish application and certification pro4 cedures for attorneys who possess the qualifications

5 established pursuant to paragraph (1);

6 ‘‘(3) establish application and certification pro7 cedures for attorneys who do not possess all the

8 qualifications established pursuant to paragraph (1)

9 but who possess, in addition to the minimum quali10 fications required by subsection (d), additional re11 sources (such as an affiliation with a publicly funded

12 defender organization) and experience that enable

13 them to provide quality legal representation com14 parable to that of an attorney possessing the quali15 fications established pursuant to paragraph (1);

16 ‘‘(4) establish application and certification pro17 cedures, to be used on a case by case basis, for at18 torneys who do not necessarily possess the minimum

19 qualifications required by subsection (d), but who

20 possess other extraordinary experience and resources

21 that enable them to provide quality legal representa22 tion comparable to that of an attorney possessing

23 the qualifications established pursuant to paragraph

24 (1);
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1 ‘‘(5) publish a current roster of attorneys cer2 tified pursuant to paragraphs (2) and (3) to be ap3 pointed in capital cases;

4 ‘‘(6) establish and publish standards governing

5 the performance of counsel in capital cases, includ6 ing standards that proscribe abusive practices and

7 mandate sound practices in order to further the fair

8 and orderly administration of justice;

9 ‘‘(7) monitor the performance of attorneys cer10 tified pursuant to this subsection; and

11 ‘‘(8) delete from the roster the name of any at12 torney who fails to meet the qualification or per13 formance standards established pursuant to this

14 subsection.

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

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

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

18 in addition to any qualifications required by State or local

19 law, the following minimum qualifications:

20 ‘‘(1) familiarity with the performance standards

21 established by the counsel certification authority;

22 ‘‘(2) familiarity with the appropriate court sys23 tem, including the procedural rules regarding timeli24 ness of filings and procedural default; and
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1 ‘‘(3) in the case of counsel appointed for the

2 trial or sentencing stages, at least 2 of the qualifica3 tions listed in subparagraph (A) and 1 of the quali4 fications listed in subparagraph (B), or 1 of the al5 ternative qualifications listed in subparagraph (C):

6 ‘‘(A) QUALIFYING TRIAL EXPERIENCE

7 (MUST HAVE 2).—Prior experience within the

8 last 10 years as—

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

10 trials, of which no fewer than 5 were crimi11 nal jury trials;

12 ‘‘(ii) lead or sole counsel in 3 criminal

13 jury trials in which the charge was murder

14 or aggravated murder;

15 ‘‘(iii) co-counsel in 5 criminal jury

16 trials in which the charge was murder or

17 aggravated murder;

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

19 than 5 criminal jury trials involving crimes

20 of violence against persons, punishable by

21 imprisonment of over 1 year,

22 which were tried to a verdict or to a deadlocked

23 jury.

24 ‘‘(B) QUALIFYING CAPITAL TRIAL EXPERI25 ENCE (MUST HAVE 1).—
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1 ‘‘(i) lead or sole counsel within the

2 last 5 years in the trial of at least 1 capital

3 case that was tried through sentencing;

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

5 than 2 capital cases (1 of which occurred

6 within the last 5 years) that were tried

7 through sentencing;

8 ‘‘(iii) successful completion within the

9 preceding 2 years of a training program in

10 capital trial litigation that has been cer11 tified by the counsel certification authority

12 or, if the authority has not certified a pro13 gram, successful completion of an at least

14 12-hour training program in capital trial

15 litigation for which continuing legal edu16 cation (CLE) credit is available, and which

17 the CLE authority in the State has cer18 tified as comporting with the objectives

19 and requirements of this section.

20 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI21 ENCE FOR TRIAL.—Notwithstanding subpara22 graphs (A) and (B), an attorney shall be eligi23 ble for certification pursuant to paragraph (2)

24 or (3) of subsection (c) or appointment pursu25 ant to subsection (f) if the attorney—
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1 ‘‘(i) has conducted 5 evidentiary hear2 ings and has been employed for more than

3 1 year by a capital resource center, a unit

4 or its equivalent that specializes in capital

5 cases within a public defender office, or a

6 public interest law office specializing in

7 capital litigation; or

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

9 capital litigation resource center as com10 petent to be assigned to a capital trial;

11 ‘‘(4) in the case of counsel appointed for appel12 late or unitary review, at least 1 of the qualifications

13 listed in subparagraph (A) and 1 of the qualifica14 tions listed in subparagraph (B), or 1 of the alter15 native qualifications listed in subparagraph (C):

16 ‘‘(A) QUALIFYING APPELLATE EXPERI17 ENCE (MUST HAVE 1).—Prior experience within

18 the past 5 years as—

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

20 than 10 appeals, of which no fewer than 5

21 were criminal appeals;

22 ‘‘(ii) lead or sole counsel in at least 6

23 criminal felony appeals;

24 ‘‘(iii) lead or sole counsel in 3 crimi25 nal or felony appeals, at least 1 of which
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1 was an appeal of a murder or aggravated

2 murder conviction,

3 which were fully briefed.

4 ‘‘(B) QUALIFYING CAPITAL APPELLATE

5 EXPERIENCE (MUST HAVE 1).—

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

7 last 5 years in the appeal or unitary review

8 of at least 1 capital case;

9 ‘‘(ii) co-counsel in the appeal or uni10 tary review of no fewer than 2 capital

11 cases, 1 of which occurred within the last

12 5 years;

13 ‘‘(iii) successful completion within the

14 preceding 2 years of a training program in

15 the litigation of capital appeals that has

16 been certified by the counsel certification

17 authority or, if the authority has not cer18 tified a program, successful completion of

19 an at least 12-hour training program in

20 capital litigation with a focus on appeals

21 for which continuing legal education

22 (CLE) credit is available, and which the

23 CLE authority in the State has certified as

24 comporting with the objectives and the re25 quirements of this section.
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1 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI2 ENCE FOR APPEALS.—Notwithstanding sub3 paragraphs (A) and (B), an attorney shall be

4 eligible for certification pursuant to paragraph

5 (2) or (3) of subsection (c) or for appointment

6 pursuant to subsection (f) if the attorney—

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

8 1 year by a capital resource center, a unit

9 or its equivalent that specializes in capital

10 cases within a public defender office, or a

11 public interest law office specializing in

12 capital litigation; or

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

14 capital litigation resource center as com15 petent to be assigned to a capital appeal;

16 and

17 ‘‘(5) in the case of counsel appointed for post18 conviction proceedings, at least 2 of the qualifica19 tions listed in subparagraph (A) and at least 1 of

20 the qualifications listed in subparagraph (B), or 1 of

21 the alternative qualifications listed in subparagraph

22 (C):

23 ‘‘(A) QUALIFYING POST-CONVICTION EXPE24 RIENCE (MUST HAVE 2).—Prior experience with25 in the past 10 years as—
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1 ‘‘(i) lead or sole counsel in no fewer

2 than 3 post-conviction proceedings;

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

4 post-conviction proceedings;

5 ‘‘(iii) 1 of the trial qualifications listed

6 in paragraph (3)(A);

7 ‘‘(iv) 1 of the appellate qualifications

8 listed in paragraph (4)(A).

9 ‘‘(B) QUALIFYING CAPITAL POST-CONVIC10 TION EXPERIENCE (MUST HAVE 1).—

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

12 last 5 years in the trial (through sentenc13 ing), appeal, or post-conviction review of at

14 least 1 capital case;

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

16 sentencing), appeal, or post-conviction re17 view of no fewer than 2 capital cases, 1 of

18 which occurred within the last 5 years;

19 ‘‘(iii) successful completion during the

20 preceding 2 years of a training program in

21 the litigation of capital post-conviction pro22 ceedings that has been certified by the

23 counsel certification authority or, if the au24 thority has not certified a program, suc25 cessful completion of an at least 12-hour
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1 training program in capital litigation with

2 a focus on post-conviction proceedings for

3 which continuing legal education (CLE)

4 credit is available, and which the CLE au5 thority in the State has certified as com6 porting with the objectives and require7 ments of this section.

8 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI9 ENCE FOR POST-CONVICTION PROCEEDINGS.—

10 Notwithstanding subparagraphs (A) and (B),

11 an attorney shall be eligible for certification

12 pursuant to paragraph (2) or (3) of subsection

13 (c) or appointment pursuant to subsection (f) if

14 the attorney—

15 ‘‘(i) has conducted 3 evidentiary hear16 ings and has been employed for more than

17 1 year by a capital litigation resource cen18 ter, by a unit or its equivalent that special19 izes in capital cases within a public de20 fender office, or by a public interest law of21 fice specializing in capital litigation; or

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

23 capital litigation resource center as com24 petent to be assigned to a capital post-con25 viction proceeding.
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1 ‘‘(e) APPOINTMENT OF CERTIFIED COUNSEL.—(1)

2 The State court shall appoint at least 2 attorneys to rep3 resent an indigent at trial, and at least 1 attorney to rep4 resent an indigent at the appellate, unitary or post-convic5 tion review stage, including—

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

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

8 ‘‘(B) a defender organization or resource cen9 ter, which shall designate appropriate attorneys af10 filiated with the organization, including a lead coun11 sel who is named on the roster; or

12 ‘‘(C) a lead counsel certified pursuant to sub13 section (c)(4).

14 ‘‘(2) The State court may appoint additional attor15 neys upon a showing of need.

16 ‘‘(f) APPOINTMENT OF NONCERTIFIED COUNSEL.—

17 (1) If there is no roster of attorneys published pursuant

18 to subsection (c)(5), or if no attorney on the roster can

19 accept the appointment and if no attorney certified pursu20 ant to subsection (c)(4) has been appointed, the State

21 court shall appoint at least 2 attorneys to represent an

22 indigent at trial, and at least 1 attorney to represent an

23 indigent at the appellate, unitary or post-conviction review

24 stage, including—
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1 ‘‘(A) a lead counsel who possesses the minimum

2 qualifications required by subsection (d); or

3 ‘‘(B) a defender organization or resource cen4 ter, which shall designate appropriate attorneys af5 filiated with the organization, including a lead coun6 sel who possesses the qualifications required by sub7 section (d).

8 ‘‘(2) No attorney shall be appointed pursuant to this

9 subsection unless the State court has first conducted an

10 evidentiary hearing on the record in which the court deter11 mines, after the attorney gives sworn testimony and pre12 sents documentary proof that the attorney possesses each

13 of the qualifications required by subsection (d), that the

14 attorney possesses the requisite qualifications. In making

15 its determination, the court, shall, to each qualification re16 quired by subsection (d), shall make a specific finding on

17 the record that the attorney possesses the qualification.

18 ‘‘(g) No attorney may be denied certification pursu19 ant to paragraph (2) or (3) of subsection (c) or appoint20 ment pursuant to subsection (f) solely because of prior em21 ployment as a prosecutor.

22 ‘‘(h) Prior to appointing counsel pursuant to this sec23 tion, the State court shall inquire as to whether counsel

24 maintains a workload which, by reason of its excessive

25 size, will interfere with the rendering of quality represen-
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1 tation or create a substantial risk of a breach of profes2 sional obligations.

3 ‘‘(i) If a person entitled to an appointment of counsel

4 declines to accept an appointment, the State court shall

5 conduct, or cause to be conducted, a hearing, at which

6 the person and counsel proposed to be appointed shall be

7 present, to determine the person’s competence to decline

8 the appointment, and whether the person has competently

9 and knowingly declined it.

10 ‘‘(j) If a State court fails to appoint counsel in a pro11 ceeding specified in subsection (a), or if a State court in

12 a proceeding described in subsection (a)—

13 ‘‘(1) fails to appoint the number of counsel re14 quired in subsection (e);

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

16 roster published pursuant to subsection (c)(5);

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

18 a certification issued pursuant to subsection (c)(4);

19 or

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

21 the hearing, receive the requisite testimony and

22 proof, or make the determination required by sub23 section (f),

24 a Federal court, in a proceeding under this chapter, shall

25 neither presume findings of fact made at such proceeding
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1 to be correct nor decline to consider a claim on the ground

2 that it was not raised in such proceeding at the time or

3 in the manner prescribed by State law. In no cir4 cumstances other than those described in this subsection

5 shall a determination of noncompliance with this section

6 provide a basis for relief to a petitioner proceeding under

7 this chapter.

8 ‘‘(k) No attorney appointed to represent a prisoner

9 in State post-conviction proceedings shall have previously

10 represented the prisoner at trial or on direct appeal in the

11 case for which the appointment is made, unless the pris12 oner and attorney expressly request continued representa13 tion.

14 ‘‘(l) Notwithstanding the rates and maximum limits

15 generally applicable to criminal cases and any other provi16 sion of law to the contrary, the highest State court with

17 jurisdiction over criminal cases shall, after notice and com18 ment, establish a schedule of hourly rates for the com19 pensation of attorneys appointed pursuant to this section

20 that are reasonable in light of the qualifications of attor21 neys appointed and the local practices for legal representa22 tion in cases reflecting the complexity and responsibility

23 of capital cases. For each attorney appointed pursuant to

24 this section, the State court shall separately order com25 pensation at the rates set by the highest State court for
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1 the hours the attorneys reasonably expended on the case

2 and for reasonable expenses paid for investigative, expert,

3 and other reasonably necessary services. Any aggrieved

4 party may bring a private cause of action in Federal dis5 trict court to enforce the provisions of this subsection for

6 the establishment of a schedule of reasonable hourly rates

7 for the compensation of attorneys. In such an action, the

8 Federal court shall not independently determine the ap9 propriate rates, but shall decide whether the hourly rates

10 as scheduled by the State court are within the range of

11 reasonableness consistent with the criteria stated in this

12 subsection. If the hourly rates as scheduled are not within

13 the range of reasonableness, or if no schedule of rates has

14 been established, the court shall grant appropriate injunc15 tive or declaratory relief, except that the court shall not

16 grant relief that disturbs any criminal conviction or sen17 tence, obstructs the prosecution of State criminal proceed18 ings, or alters proceedings arising under this chapter.

19 ‘‘(m) The ineffectiveness or incompetence of counsel

20 appointed pursuant to this section during State or Federal

21 post-conviction proceedings shall not be a ground for relief

22 in a proceeding arising under section 2254. This limitation

23 shall not preclude the appointment of different counsel at

24 any phase of State or Federal post-conviction proceedings.
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1 ‘‘(n) Nothing in this section changes the constitu2 tional standard governing claims of ineffective assistance

3 of counsel pursuant to the sixth amendment to the Con4 stitution of the United States. A determination of non5 compliance with this section (as opposed to the facts which

6 support such a determination) shall not provide a basis

7 for a claim of constitutionally ineffective assistance of

8 counsel.

9 ‘‘(o) The requirements of this section shall apply to

10 any appointment of counsel made after the effective date

11 of this Act in any trial, direct appeal, or unitary review

12 of a capital indigent. Counsel shall be appointed as pro13 vided in this section in any post-conviction proceeding

14 commenced after the effective date of this Act. In no case

15 shall counsel appointed for a proceeding commenced be16 fore the effective date of this Act be subject to the require17 ments of this section, nor shall any person whose counsel

18 was appointed for any trial, appeal, post-conviction or uni19 tary review before the effective date of this Act be entitled

20 to any relief, including application of subsection (j), based

21 on a claim that counsel was not appointed in conformity

22 with subsection (e) or (f).’’.

23 (b) TECHNICAL AMENDMENT.—The chapter analysis

24 for chapter 153 of title 28, United States Code, as amend-
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1 ed by section 304(a)(2), is amended by adding at the end

2 the following new item:

‘‘2258. Counsel in capital cases; State court.’’.

3 SEC. 309. CAPITAL LITIGATION FUNDING.

4 (a) GRANTS UNDER THE EDWARD BYRNE GRANT

5 PROGRAM.—

6 (1) IN GENERAL.—Subpart 2 of part E of title

7 I of the Omnibus Crime Control and Safe Streets

8 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by

9 adding at the end the following new section:

10 ‘‘HABEAS CORPUS LITIGATION

11 ‘‘SEC. 511A. Notwithstanding any other provision of

12 this title, the Director shall provide grants to the States,

13 from the funding allocated pursuant to section 511, for

14 the purpose of supporting litigation pertaining to Federal

15 habeas corpus petitions in capital cases. The total funding

16 available for such grants within any fiscal year shall be

17 equal to the funding provided to capital resource centers,

18 pursuant to Federal appropriation, in the same fiscal

19 year.’’.

20 (2) TECHNICAL AMENDMENT.—The table of

21 contents of title I of the Omnibus Crime Control and

22 Safe Streets Act of 1968 (42 U.S.C. preceding

23 3701) is amended by inserting after the item relat24 ing to section 511 the following new item:

‘‘Sec. 511A. Habeas corpus litigation.’’.
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1 (b) GRANTS FOR STATE CAPITAL LITIGATION.—

2 (1) IN GENERAL.—Title I of the Omnibus

3 Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3711 et seq.), as amended by section 103(a)

5 is amended—

6 (A) by redesignating part R as part S;

7 (B) by redesignating section 1801 as sec8 tion 1901; and

9 (C) by inserting after part Q the following

10 new part:

11 ‘‘PART R—GRANTS FOR STATE CAPITAL

12 LITIGATION

13 ‘‘SEC. 1801. GRANT AUTHORIZATION.

14 ‘‘The Director of the Bureau of Justice Assistance

15 shall make grants to States from amounts appropriated

16 to carry out this part for the use by States and by local

17 entities in the States to comply with section 2258 of title

18 28, United States Code.

19 ‘‘SEC. 1802. STATE APPLICATIONS.

20 ‘‘(a) IN GENERAL.—(1) To request a grant under

21 this part, the Chief Executive of a State shall submit an

22 application to the Director in such form and containing

23 such information as the Director may reasonably require.

24 ‘‘(2) An application under paragraph (1) shall include

25 assurances that Federal funds received under this part
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1 shall be used to supplement, not supplant, non-Federal

2 funds that would otherwise be available for activities fund3 ed under this part.

4 ‘‘(b) STATE OFFICE.—The office designated under

5 section 507—

6 ‘‘(1) shall prepare an application under this sec7 tion; and

8 ‘‘(2) shall administer grant funds received

9 under this part, including review of spending, proc10 essing, progress, financial reporting, technical assist11 ance, grant adjustments, accounting, auditing, and

12 fund disbursement.

13 ‘‘SEC. 1803. REVIEW OF STATE APPLICATIONS.

14 ‘‘(a) IN GENERAL.—The Director shall make a grant

15 under section 1801 to carry out the activities described

16 in the application submitted by an applicant under section

17 1802 upon determining that—

18 ‘‘(1) the application is consistent with the re19 quirements of this part; and

20 ‘‘(2) before the approval of the application, the

21 Bureau has made an affirmative finding in writing

22 that the proposed activities have been reviewed in

23 accordance with this part.

24 ‘‘(b) APPROVAL.—Each application submitted under

25 section 1802 shall be considered to be approved, in whole
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1 or in part, by the Director not later than 45 days after

2 first received unless the Director informs the applicant of

3 specific reasons for disapproval.

4 ‘‘(c) DISAPPROVAL NOTICE AND RECONSIDER5 ATION.—The Director shall not disapprove any application

6 without first affording the applicant reasonable notice and

7 opportunity for reconsideration.

8 ‘‘SEC. 1804. DISTRIBUTION OF FUNDS.

9 ‘‘For fiscal years 1994, 1995, and 1996, the Federal

10 share of a grant made under this part may not exceed

11 75 percent of the total costs of the activities described in

12 the application submitted under section 1702 for the fiscal

13 year for which the project receives assistance under this

14 part. Thereafter, the Federal share of a grant made under

15 this part may not exceed 50 percent.

16 ‘‘SEC. 1805. EVALUATION.

17 ‘‘(a) IN GENERAL.—(1) A State that receives a grant

18 under this part shall submit to the Director an evaluation

19 not later than March 1 of each year in accordance with

20 guidelines issued by the Director.

21 ‘‘(2) The Director may waive the requirement speci22 fied in subsection (a) if the Director determines that such

23 evaluation is not warranted in the case of any particular

24 State.
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1 ‘‘(b) DISTRIBUTION.—A State or local entity may use

2 not more than 5 percent of the funds it receives under

3 this part to develop an evaluation program under this sec4 tion.’’.

5 (2) TECHNICAL AMENDMENT.—The table of

6 contents of title I of the Omnibus Crime Control and

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

8 as amended by section 103(b), is amended by strik9 ing the matter relating to part R and inserting the

10 following:

‘‘PART R—GRANTS FOR STATE CAPITAL LITIGATION

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. State applications.

‘‘Sec. 1803. Review of State applications.

‘‘Sec. 1804. Distribution of funds.

‘‘Sec. 1805. Evaluation.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

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

11 (3) AUTHORIZATION OF APPROPRIATIONS.—

12 Section 1001(a) of title I of the Omnibus Crime

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

14 3793(a)), as amended by section 103(c), is amend15 ed—

16 (A) in paragraph (3) by striking ‘‘and Q’’

17 and inserting ‘‘Q, and R’’; and

18 (B) by adding at the end the following new

19 paragraph:
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1 ‘‘(12) There are authorized to be appropriated such

2 sums as are necessary to carry out activities under part

3 R.’’.

4 SEC. 310. CERTIFICATION OF COMPLIANCE.

5 (a) IN GENERAL.—Subpart 1 of part E of title I of

6 the Omnibus Crime Control and Safe Streets Act of 1968

7 (42 U.S.C. 501 et seq.) is amended by adding at the end

8 the following new section:

9 ‘‘CERTIFICATION OF COMPLIANCE

10 ‘‘SEC. 509A. In any application for a grant under this

11 subpart, a State in which a sentence of death may be im12 posed shall certify whether it will comply with the provi13 sions of section 2258 of title 28, United States Code. If

14 the State chooses not to certify that it will comply with

15 the provisions of that section, the amount of funds that

16 the State is eligible to receive under that subpart shall

17 be reduced by 75 percent. If the State certifies that it will

18 comply with the provisions of section 2258 of title 28,

19 United States Code, the amount of funds that the State

20 is eligible to receive under that subpart shall not be re21 duced by virtue of any failure or alleged failure to carry

22 out any of the requirements of that section. The sole en23 forcement mechanisms for the requirements set forth in

24 that section shall be those provided in that section, to

25 which the State shall be deemed to have consented by cer-
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1 tifying that it will comply with the provisions of that sec2 tion.’’.

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. preceding 3701) is amended by

6 inserting after the item relating to section 509 the follow7 ing new item:

‘‘Sec. 509A. Certification of compliance.’’.

8 SEC. 311. EFFECTIVE DATE.

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

10 (b), this title and the amendments made by this title shall

11 take effect on the date that is 180 days after the date

12 of enactment of this Act.

13 (b) SECTION 2258(b) OF TITLE 28, UNITED STATES

14 CODE.—Section 2258(b) of title 28, United States Code,

15 as added by section 208(a), shall take effect on the date

16 of enactment of this Act.

17 TITLE IV—GUN CRIME

18 PENALTIES

19 SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTO20 MATIC FIREARM DURING A CRIME OF VIO21 LENCE OR A DRUG TRAFFICKING CRIME.

22 (a) AMENDMENT TO SENTENCING GUIDELINES.—

23 Pursuant to its authority under section 994 of title 28,

24 United States Code, the United States Sentencing Com25 mission shall amend its sentencing guidelines to provide
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1 an appropriate enhancement of the punishment for a

2 crime of violence (as defined in section 924(c)(3) of title

3 18, United States Code) or a drug trafficking crime (as

4 defined in section 924(c)(2) of title 18, United States

5 Code) if a semiautomatic firearm is involved.

6 (b) SEMIAUTOMATIC FIREARM.—In subsection (a),

7 ‘‘semiautomatic firearm’’ means any repeating firearm

8 that utilizes a portion of the energy of a firing cartridge

9 to extract the fired cartridge case and chamber the next

10 round and that requires a separate pull of the trigger to

11 fire each cartridge.

12 SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF

13 USING AN EXPLOSIVE TO COMMIT A FELONY.

14 Pursuant to its authority under section 994 of title

15 28, United States Code, the United States Sentencing

16 Commission shall promulgate amendments to the sentenc17 ing guidelines to appropriately enhance penalties in a case

18 in which a defendant convicted under section 844(h) of

19 title 18, United States Code, has previously been convicted

20 under that section.

21 SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF22 FICKING.

23 Section 924 of title 18, United States Code, as

24 amended by section 213, is amended by adding at the end

25 the following new subsection:
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1 ‘‘(j) A person who, with intent to engage in or to pro2 mote conduct that—

3 ‘‘(1) is punishable under the Controlled Sub4 stances Act (21 U.S.C. 801 et seq.), the Controlled

5 Substances Import and Export Act (21 U.S.C. 951

6 et seq.), or the Maritime Drug Law Enforcement

7 Act (46 U.S.C. App. 1901 et seq.);

8 ‘‘(2) violates any law of a State relating to any

9 controlled substance (as defined in section 102 of

10 the Controlled Substances Act, 21 U.S.C. 802); or

11 ‘‘(3) constitutes a crime of violence (as defined

12 in subsection (c)(3)),

13 smuggles or knowingly brings into the United States a

14 firearm, or attempts to do so, shall be imprisoned not

15 more than 10 years, fined under this title, or both.’’.

16 SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.

17 (a) FIREARMS.—Section 924 of title 18, United

18 States Code, as amended by section 403(a), is amended

19 by adding at the end the following new subsection:

20 ‘‘(k) A person who steals any firearm which is moving

21 as, or is a part of, or which has moved in, interstate or

22 foreign commerce shall be imprisoned for not more than

23 10 years, fined under this title, or both.’’.
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1 (b) EXPLOSIVES.—Section 844 of title 18, United

2 States Code, is amended by adding at the end the follow3 ing new subsection:

4 ‘‘(k) A person who steals any explosives materials

5 which are moving as, or are a part of, or which have moved

6 in, interstate or foreign commerce shall be imprisoned for

7 not more than 10 years, fined under this title, or both.’’.

8 SEC. 405. REVOCATION OF SUPERVISED RELEASE.

9 Section 3583 of title 18, United States Code, is

10 amended by striking subsection (g) and inserting the fol11 lowing:

12 ‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF

13 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

14 TO COOPERATE WITH DRUG TESTING.—If the defend15 ant—

16 ‘‘(1) possesses a controlled substance in viola17 tion of the condition set forth in subsection (d);

18 ‘‘(2) possesses a firearm, as such term is de19 fined in section 921 of this title, in violation of Fed20 eral law, or otherwise violates a condition of super21 vised release prohibiting the defendant from possess22 ing a firearm; or

23 ‘‘(3) refuses to cooperate in drug testing im24 posed as a condition of supervised release,
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1 the court shall revoke the term of supervised release and

2 require the defendant to serve a term of imprisonment not

3 to exceed the maximum term of imprisonment authorized

4 under subsection (e)(3).’’.

5 SEC. 406. REVOCATION OF PROBATION.

6 (a) CONTINUATION OR REVOCATION.—Section

7 3565(a) of title 18, United States Code, is amended—

8 (1) in paragraph (2) by striking ‘‘impose any

9 other sentence that was available under subchapter

10 A at the time of the initial sentencing’’ and inserting

11 ‘‘resentence the defendant under subchapter A’’; and

12 (2) by striking the last sentence.

13 (b) MANDATORY REVOCATION.—Section 3565(b) of

14 title 18, United States Code, is amended to read as fol15 lows:

16 ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF

17 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

18 TO COOPERATE WITH DRUG TESTING.—If the defend19 ant—

20 ‘‘(1) possesses a controlled substance in viola21 tion of the condition set forth in section 3563(a)(3);

22 ‘‘(2) possesses a firearm (as defined in section

23 921) in violation of Federal law or otherwise violates

24 a condition of probation prohibiting the defendant

25 from possessing a firearm; or
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1 ‘‘(3) refuses to cooperate in drug testing in vio2 lation of the condition imposed under subsection

3 (a)(4),

4 the court shall revoke the sentence of probation and

5 resentence the defendant under subchapter A to a sen6 tence that includes a term of imprisonment.’’.

7 SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING

8 FALSE, MATERIAL STATEMENT IN CONNEC9 TION WITH THE ACQUISITION OF A FIREARM

10 FROM A LICENSED DEALER.

11 Section 924(a) of title 18, United States Code, is

12 amended—

13 (1) in paragraph (a)(1)(B) by striking

14 ‘‘(a)(6),’’; and

15 (2) in subsection (a)(2) by inserting ‘‘(a)(6),’’

16 after ‘‘subsections’’.

17 SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND

18 OTHERS.

19 Section 842(i) of title 18, United States Code, is

20 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

21 SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUB22 JECT TO FORFEITURE.

23 Section 844(c) of title 18, United States Code, is

24 amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
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1 (2) by adding at the end the following new

2 paragraphs:

3 ‘‘(2) Notwithstanding paragraph (1), in the case of

4 the seizure of any explosive materials for any offense for

5 which the materials would be subject to forfeiture in which

6 it would be impracticable or unsafe to remove the mate7 rials to a place of storage or would be unsafe to store

8 them, the seizing officer may destroy the explosive mate9 rials forthwith. Any destruction under this paragraph shall

10 be in the presence of at least 1 credible witness. The seiz11 ing officer shall make a report of the seizure and take

12 samples as the Secretary may by regulation prescribe.

13 ‘‘(3) Within 60 days after any destruction made pur14 suant to paragraph (2), the owner of (including any per15 son having an interest in) the property so destroyed may

16 make application to the Secretary for reimbursement of

17 the value of the property. If the claimant establishes to

18 the satisfaction of the Secretary that—

19 ‘‘(A) the property has not been used or involved

20 in a violation of law; or

21 ‘‘(B) any unlawful involvement or use of the

22 property was without the claimant’s knowledge, con23 sent, or willful blindness,

24 the Secretary shall make an allowance to the claimant not

25 exceeding the value of the property destroyed.’’.
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1 SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELAT2 ING TO PAROLE.

3 (a) SECTION (e)(1) OF TITLE 18.—Section 924(e)(1)

4 of title 18, United States Code, is amended by striking

5 ‘‘, and such person shall not be eligible for parole with

6 respect to the sentence imposed under this subsection’’.

7 (b) SECTION 924(c)(1) OF TITLE 18.—Section

8 924(c)(1) of title 18, United States Code, is amended by

9 striking ‘‘No person sentenced under this subsection shall

10 be eligible for parole during the term of imprisonment im11 posed under this subsection.’’.

12 SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLV13 ING STOLEN FIREARMS WHICH HAVE MOVED

14 IN INTERSTATE OR FOREIGN COMMERCE.

15 Section 922(j) of title 18, United States Code, is

16 amended to read as follows:

17 ‘‘(j) It shall be unlawful for any person to receive,

18 possess, conceal, store, barter, sell, or dispose of any stolen

19 firearm or stolen ammunition, or pledge or accept as secu20 rity for a loan any stolen firearm or stolen ammunition,

21 which is moving as, which is a part of, which constitutes,

22 or which has been shipped or transported in, interstate

23 or foreign commerce, either before or after it was stolen,

24 knowing or having reasonable cause to believe that the

25 firearm or ammunition was stolen.’’.
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1 SEC. 412. USING A FIREARM IN THE COMMISSION OF COUN2 TERFEITING OR FORGERY.

3 Pursuant to its authority under section 994 of title

4 28, United States Code, the United States Sentencing

5 Commission shall amend its sentencing guidelines to pro6 vide an appropriate enhancement of the punishment for

7 a defendant convicted of a felony under chapter 25 of title

8 18, United States Code, if the defendant used or carried

9 a firearm (as defined in section 921(a)(3) of title 18, Unit10 ed States Code) during and in relation to the felony.

11 SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSES12 SION BY VIOLENT FELONS AND SERIOUS

13 DRUG OFFENDERS.

14 Pursuant to its authority under section 994 of title

15 28, United States Code, the United States Sentencing

16 Commission shall amend its sentencing guidelines to—

17 (1) appropriately enhance penalties in cases in

18 which a defendant convicted under section 922(g) of

19 title 18, United States Code, has 1 prior conviction

20 by any court referred to in section 922(g)(1) of title

21 18 for a violent felony (as defined in section

22 924(e)(2)(B) of that title) or a serious drug offense

23 (as defined in section 924(e)(2)(A) of that title); and

24 (2) appropriately enhance penalties in cases in

25 which such a defendant has 2 prior convictions for
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1 a violent felony (as so defined) or a serious drug of2 fense (as so defined).

3 SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.

4 Section 922(a) of title 18, United States Code, is

5 amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (7);

8 (2) by striking the period at the end of para9 graph (8) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(9) for any person, other than a licensed im13 porter, licensed manufacturer, licensed dealer, or li14 censed collector, who does not reside in any State to

15 receive any firearms unless such receipt is for lawful

16 sporting purposes.’’.

17 SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.

18 (a) FIREARMS.—Section 924 of title 18, United

19 States Code, as amended by section 404(a), is amended

20 by adding at the end the following new subsection:

21 ‘‘(l) A person who conspires to commit any offense

22 under this chapter shall be subject to the same penalties

23 as those prescribed for the offense the commission of

24 which was the object of the conspiracy.’’.
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1 (b) EXPLOSIVES.—Section 844 of title 18, United

2 States Code, as amended by section 404(b), is amended

3 by adding at the end the following new subsection:

4 ‘‘(l) A person who conspires to commit any offense

5 under this chapter shall be subject to the same penalties

6 as those prescribed for the offense the commission of

7 which was the object of the conspiracy.’’.

8 SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO

9 CONGRESS.

10 (a) STUDY.—The Secretary of the Treasury shall

11 conduct a study of the incendiary ammunition offered for

12 sale under the brand name ‘‘Dragon’s Breath’’ and also

13 known as the ‘‘Three Second Flame Thrower’’, and all in14 cendiary ammunition of similar function or effect, for the

15 purpose of determining whether there is a reasonable

16 sporting use for such ammunition and whether there is

17 a reasonable use for such ammunition in law enforcement.

18 (b) REPORT TO THE CONGRESS.—Not later than 1

19 year after the date of enactment of this Act, the Secretary

20 of the Treasury shall submit to the Committee on the Ju21 diciary of the House of Representatives a report contain22 ing the results of the study required by subsection (a) and

23 recommendations for such legislative or administrative ac24 tion, with respect to the ammunition referred to in sub25 section (a), as the Secretary deems appropriate.
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1 SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LI2 CENSEE.

3 (a) FIREARMS.—Section 924 of title 18, United

4 States Code, as amended by section 415(a), is amended

5 by adding at the end the following new subsection:

6 ‘‘(m) A person who steals any firearm from a licensed

7 importer, licensed manufacturer, licensed dealer, or li8 censed collector shall be fined under this title, imprisoned

9 not more than 10 years, or both.’’.

10 (b) EXPLOSIVES.—Section 844 of title 18, United

11 States Code, as amended by section 415(b), is amended

12 by adding at the end the following new subsection:

13 ‘‘(m) A person who steals any explosive material from

14 a licensed importer, licensed manufacturer, or licensed

15 dealer, or from any permittee shall be fined under this

16 title, imprisoned not more than 10 years, or both.’’.

17 SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PER18 SONS.

19 Section 842(d) of title 18, United States Code, is

20 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

21 SEC. 419. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE

22 ARMED CAREER CRIMINAL STATUTE.

23 Section 924(e)(2) of title 18, United States Code, is

24 amended—

25 (1) by striking ‘‘and’’ at the end of subpara26 graph (B)(ii);
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1 (2) by striking the period at the end of sub2 paragraph (C) and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(D) the term ‘burglary’ means any crime pun6 ishable by a term of imprisonment exceeding 1 year

7 and consisting of entering or remaining surrep8 titiously within a building that is the property of an9 other with intent to engage in conduct constituting

10 a Federal or State offense.’’.

11 SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN

12 TRAFFICKING.

13 Section 924 of title 18, United States Code, as

14 amended by section 417(a), is amended by adding at the

15 end the following new subsection:

16 ‘‘(n) A person who, with the intent to engage in con17 duct that constitutes a violation of section 922(a)(1)(A),

18 travels from any State or foreign country into any other

19 State and acquires, or attempts to acquire, a firearm in

20 such other State in furtherance of such purpose shall be

21 imprisoned for not more than 10 years.’’.
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1 TITLE V—OBSTRUCTION OF

2 JUSTICE

3 SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

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

5 amended—

6 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

7 (2) by striking ‘‘fined not more than $5,000 or

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

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

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(b) The punishment for an offense under this sec13 tion is—

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

15 provided in sections 1111 and 1112;

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

17 case in which the offense was committed against a

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

19 charged, imprisonment for not more than 20 years;

20 and

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

22 more than 10 years.’’; and

23 (4) in subsection (a), as designated by para24 graph (1), by striking ‘‘commissioner’’ each place it

25 appears and inserting ‘‘magistrate judge’’.
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1 SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF

2 WITNESSES, VICTIMS AND INFORMANTS.

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

4 amended—

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

6 subsections (b) and (c), respectively; and

7 (2) by inserting after the section heading the

8 following new subsection:

9 ‘‘(a)(1) Whoever kills or attempts to kill another per10 son with intent to retaliate against any person for—

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

12 official proceeding, or any testimony given or any

13 record, document, or other object produced by a wit14 ness in an official proceeding; or

15 ‘‘(B) any information relating to the commis16 sion or possible commission of a Federal offense or

17 a violation of conditions of probation, parole, or re18 lease pending judicial proceedings given by a person

19 to a law enforcement officer; shall be punished as

20 provided in paragraph (2).

21 ‘‘(2) The punishment for an offense under this sub22 section is—

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

24 provided in sections 1111 and 1112; and

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

26 for not more than 20 years.’’.
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1 SEC. 503. PROTECTION OF JURORS AND WITNESSES IN

2 CAPITAL CASES.

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

4 amended by inserting before the period the following: ‘‘,

5 except that such list of the veniremen and witnesses need

6 not be furnished if the court finds by a preponderance of

7 the evidence that providing the list may jeopardize the life

8 or safety of any person’’.

9 SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OF10 FICIALS ASSISTING FEDERAL LAW ENFORCE11 MENT OFFICIALS.

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

13 States Code, as amended by section 112(a), is amended

14 by adding at the end the following new section:

15 ‘‘§ 1120. Killing persons aiding Federal investigations

16 ‘‘A person who intentionally kills—

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

18 officer, or other officer or employee while working

19 with Federal law enforcement officials in furtherance

20 of a Federal criminal investigation—

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

22 performance of official duties;

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

24 victim’s official duties; or

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

26 public servant; or
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1 ‘‘(2) any person assisting a Federal criminal in2 vestigation, while that assistance is being rendered

3 and because of it,

4 shall be sentenced as provided in section 1111, including

5 by sentence of death or by imprisonment for life.’’.

6 (b) TECHNICAL AMENDMENT.—The chapter analysis

7 for chapter 51 of title 18, United States Code, as amended

8 by section 112(b), is amended by adding at the end the

9 following new item:

‘‘1120. Killing persons aiding Federal investigations.’’.

10 SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WIT11 NESSES.

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

13 Code, is amended to read as follows:

14 ‘‘(A) in the case of murder (as defined in sec15 tion 1111), the death penalty or imprisonment for

16 life, and in the case of any other killing, the punish17 ment provided in section 1112;’’.

18 TITLE VI—YOUTH VIOLENCE

19 Subtitle A—Increased Penalties for

20 Drug Trafficking and Criminal

21 Street Gangs

22 SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EM23 PLOYING CHILDREN TO DISTRIBUTE DRUGS.

24 Section 419 of the Controlled Substances Act (21

25 U.S.C. 860) is amended—
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1 (1) by redesignating subsections (c) and (d) as

2 subsections (d) and (e), respectively; and

3 (2) by inserting after subsection (b) the follow4 ing new subsection:

5 ‘‘(c) Notwithstanding any other provision of law, any

6 person at least 18 years of age who knowingly and inten7 tionally—

8 ‘‘(1) employs, hires, uses, persuades, induces,

9 entices, or coerces, a person under 18 years of age

10 to violate any provision of this section; or

11 ‘‘(2) employs, hires, uses, persuades, induces,

12 entices, or coerces, a person under 18 years of age

13 to assist in avoiding detection or apprehension for

14 any offense of this section by any Federal, State, or

15 local law enforcement official,

16 is punishable by a term of imprisonment, or fine, or both,

17 up to triple that authorized by section 841(b).’’.

18 SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.

19 Section 5032 of title 18, United States Code, is

20 amended by striking ‘‘Any proceedings against a juvenile

21 under this chapter or as an adult shall not be commenced

22 until’’ and inserting ‘‘A juvenile shall not be transferred

23 to adult prosecution nor shall a hearing be held under sec24 tion 5037 (disposition after a finding of juvenile delin25 quency) until’’.
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1 SEC. 603. CRIMINAL STREET GANGS.

2 (a) IN GENERAL.—Part I of title 18, United States

3 Code, is amended by inserting after chapter 25 the follow4 ing new chapter:

5 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gangs.

6 ‘‘§ 521. Criminal street gangs

7 ‘‘(a) DEFINITIONS.—In this section—

8 ‘‘ ‘conviction’ includes a finding, under State or

9 Federal law, that a person has committed an act of

10 juvenile delinquency involving a violent or controlled

11 substances felony.

12 ‘‘ ‘criminal street gang’ means any group, club,

13 organization, or association of 5 or more persons—

14 ‘‘(A) whose members engage or have en15 gaged within the past 5 years, in a continuing

16 series of violations of any offense treated in

17 subsection (b); and

18 ‘‘(B) whose activities affect interstate or

19 foreign commerce.

20 ‘‘(b) PENALTY.—A person who, under the cir21 cumstances described in subsection (d), commits an of22 fense described in subsection (c), shall, in addition to any

23 other sentence authorized by law, be sentenced to a term

24 of imprisonment of not more than 10 years and may also
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1 be fined under this title. Such a sentence of imprisonment

2 shall run consecutively to any other sentence imposed.

3 ‘‘(c) OFFENSES.—The offenses described in this sec4 tion are—

5 ‘‘(1) any Federal felony involving a controlled

6 substance (as defined in section 102 of the Con7 trolled Substances Act (21 U.S.C. 802)) for which

8 the maximum penalty is not less than 5 years;

9 ‘‘(2) any Federal felony crime of violence; and

10 ‘‘(3) a conspiracy to commit any of the offenses

11 described in paragraphs (1) and (2).

12 ‘‘(d) CIRCUMSTANCES.—The circumstances described

13 in this section are that the offense described in subsection

14 (c) was committed by a person as a member of, or on be15 half of, a criminal street gang and that person has been

16 convicted within the past 5 years for—

17 ‘‘(1) an offense described in subsection (c);

18 ‘‘(2) any State offense—

19 ‘‘(A) involving a controlled substance (as

20 defined in section 102 of the Controlled Sub21 stances Act (21 U.S.C. 802)) for which the

22 maximum penalty is not less than 1 year after

23 imprisonment; or
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1 ‘‘(B) that is a crime of violence; for which

2 the maximum penalty is more than 1 year’s im3 prisonment;

4 ‘‘(3) any Federal or State offense that involves

5 the theft or destruction of property for which the

6 maximum penalty is more than 1 year’s imprison7 ment; or

8 ‘‘(4) a conspiracy to commit any of the offenses

9 described in paragraphs (1), (2), or (3).’’.

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

11 part I of title 18, United States Code, is amended by in12 serting after the item relating to chapter 25 the following

13 new item:

‘‘26. Criminal street gangs .............................................................. 521’’.

14 Subtitle B—Juvenile Drug Traffick15 ing and Gang Prevention Grants

16 SEC. 611. GRANT PROGRAM.

17 The Juvenile Justice and Delinquency Prevention Act

18 of 1974 is amended in part B—

19 (1) by inserting after the heading the following:

20 ‘‘Subpart I—General Grant Programs’’;

21 and

22 (2) by adding at the end the following new sub23 part:
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1 ‘‘Subpart II—Juvenile Drug Trafficking and Gang

2 Prevention Grants

3 ‘‘FORMULA GRANTS

4 ‘‘SEC. 231. (a) IN GENERAL.—The Administrator

5 may make grants to States and units of general local gov6 ernment or combinations thereof to assist them in plan7 ning, establishing, operating, coordinating, and evaluating

8 projects directly or through grants and contracts with

9 public and private agencies for the development of more

10 effective programs including education, prevention, treat11 ment and enforcement programs to reduce—

12 ‘‘(1) the formation or continuation of juvenile

13 gangs; and

14 ‘‘(2) the use and sale of illegal drugs by juve15 niles.

16 ‘‘(b) PURPOSES.—The grants made under this sec17 tion can be used for any of the following specific purposes:

18 ‘‘(1) To reduce the participation of juveniles in

19 drug related crimes (including drug trafficking and

20 drug use), particularly in and around elementary

21 and secondary schools.

22 ‘‘(2) To reduce juvenile involvement in orga23 nized crime, drug and gang-related activity, particu24 larly activities that involve the distribution of drugs

25 by or to juveniles.
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1 ‘‘(3) To develop within the juvenile justice sys2 tem, including the juvenile corrections system, new

3 and innovative means to address the problems of ju4 veniles convicted of serious, drug-related and gang5 related offenses.

6 ‘‘(4) To reduce juvenile drug and gang-related

7 activity in public housing projects.

8 ‘‘(5) To provide technical assistance and train9 ing to personnel and agencies responsible for the ad10 judicatory and corrections components of the juve11 nile justice system to identify drug-dependent or

12 gang-involved juvenile offenders and to provide ap13 propriate counseling and treatment to such offend14 ers.

15 ‘‘(6) To promote the involvement of all juveniles

16 in lawful activities, including in-school and after17 school programs for academic, athletic or artistic en18 richment that also teach that drug and gang involve19 ment are wrong.

20 ‘‘(7) To facilitate Federal and State cooperation

21 with local school officials to develop education, pre22 vention, and treatment programs for juveniles who

23 are likely to participate in the drug trafficking, drug

24 use or gang-related activities.
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1 ‘‘(8) To prevent juvenile drug and gang involve2 ment in public housing projects through programs

3 establishing youth sports and other activities, includ4 ing girls’ and boys’ clubs, scout troops, and little

5 leagues.

6 ‘‘(9) To provide pre- and post-trial drug abuse

7 treatment to juveniles in the juvenile justice system,

8 with the highest possible priority being to provide

9 drug abuse treatment to drug-dependent pregnant

10 juveniles and drug-dependent juvenile mothers.

11 ‘‘(10) To provide education and treatment pro12 grams for youth exposed to severe violence in their

13 homes, schools, or neighborhoods.

14 ‘‘(11) To establish sports mentoring and coach15 ing programs in which athletes serve as role models

16 for youth to teach that athletics provide a positive

17 alternative to drug and gang involvement.

18 ‘‘(c) USE OF GRANT FUNDS.—Of the funds made

19 available to each State under this section, 50 percent of

20 the funds made available to each State in any fiscal year

21 shall be used for juvenile anti-gang or anti-drug education,

22 prevention, and treatment programs and 50 percent shall

23 be used for juvenile anti-gang or anti-drug enforcement

24 programs.
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1 ‘‘SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND

2 ENFORCEMENT GRANTS

3 ‘‘SEC. 232. (a) PURPOSE.—The purposes of this sec4 tion are—

5 ‘‘(1) to provide additional Federal assistance

6 and support to identify promising new juvenile drug

7 demand reduction and enforcement programs;

8 ‘‘(2) to replicate and demonstrate those pro9 grams to serve as national, regional, or local models

10 that could be used, in whole or in part, by other

11 public and private juvenile justice programs; and

12 ‘‘(3) to provide technical assistance and train13 ing to public or private organizations to implement

14 similar programs.

15 ‘‘(b) PRIORITY.—In making grants under this sec16 tion, the Administrator shall give priority to programs

17 aimed at juvenile involvement in organized gang- and

18 drug-related activities, including supply and demand re19 duction programs.

20 ‘‘(c) AUTHORIZATION.—The Administrator may

21 make grants to, or enter into contracts with, public or pri22 vate non-profit agencies, institutions, or organizations or

23 individuals to carry out any purpose authorized in section

24 231.
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1 ‘‘(d) AUTHORITY OVER FUNDS.—The Administrator

2 shall have final authority over all funds awarded under

3 this subchapter.

4 ‘‘(e) RESERVATION OF FUNDS.—Of the total amount

5 appropriated for this subchapter, 20 percent shall be re6 served and set aside for this section in a special discre7 tionary fund for use by the Administrator to carry out

8 the purposes specified in section 231 as described in sec9 tion 232(a).

10 ‘‘(f) FEDERAL SHARE.—Grants made under this sec11 tion may be made for amounts up to 100 percent of the

12 costs of the programs or projects.

13 ‘‘SPECIAL INTERNATIONAL PORTS OF ENTRY JUVENILE

14 CRIME AND DRUG DEMAND REDUCTION GRANTS

15 ‘‘SEC. 233. (a) PURPOSE.—The purposes of this sec16 tion are—

17 ‘‘(1) to provide additional Federal assistance

18 and support to promising new programs that specifi19 cally and effectively address the unique crime and

20 drug and alcohol related challenges faced by juve21 niles living at or near International Ports of Entry

22 and in other international border communities, in23 cluding rural localities;

24 ‘‘(2) to replicate and demonstrate these pro25 grams to serve as models that could be used, in
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1 whole or in part, in other similarly situated commu2 nities; and

3 ‘‘(3) to provide technical assistance and train4 ing to public or private organizations to implement

5 similar programs.

6 ‘‘(b) AUTHORIZATION.—The Administrator may

7 make grants to, or enter into contracts with, public or pri8 vate non-profit agencies, institutions, or organizations or

9 individuals to carry out any purpose authorized in section

10 231, if the beneficiaries of the grantee’s program are juve11 niles living at or near International Ports of Entry or in

12 other international border communities, including rural lo13 calities.

14 ‘‘(c) AUTHORITY OVER FUNDS.—The Administrator

15 shall have final authority over all funds awarded under

16 this section.

17 ‘‘(d) RESERVATION OF FUNDS.—Of the total amount

18 appropriated for this subchapter, 5 percent shall be re19 served and set aside for this section in a special discre20 tionary fund for use by the Administrator to carry out

21 the purposes specified in section 231 as described in sec22 tion 233(a).

23 ‘‘(e) FEDERAL SHARE.—Grants made under this sec24 tion may be made for amounts up to 100 per centum of

25 the costs of the programs.
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 234. There are authorized to be appropriated

3 to carry out this subpart—

4 ‘‘(1) $100,000,000 for fiscal year 1995; and

5 ‘‘(2) such sums as are necessary for fiscal year

6 1996.

7 ‘‘ALLOCATION OF FUND

8 ‘‘SEC. 235. Of the total amounts appropriated under

9 this subpart for any fiscal year the amount remaining

10 after setting aside the amounts required to be reserved

11 to carry out section 232 shall be allocated as follows:

12 ‘‘(1) $400,000 shall be allocated to each of the

13 participating States.

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 population

19 of juveniles of the State bears to the population of

20 juveniles in all of the participating States.

21 ‘‘APPLICATION

22 ‘‘SEC. 236. (a) IN GENERAL.—Each State applying

23 for a grant under section 231 and each public or private

24 entity applying for a grant under section 232 shall submit

25 an application to the Administrator in such form and con-
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1 taining such information as the Administrator shall pre2 scribe.

3 ‘‘(b) REGULATIONS.—To the extent that it is prac4 ticable to do so, the Administrator shall prescribe regula5 tions governing applications for this subpart that are sub6 stantially similar to the applications required under part

7 I and part C, including the procedures relating to competi8 tion.

9 ‘‘(c) COORDINATION OF FEDERAL ASSISTANCE.—In

10 addition to the requirements prescribed under subsection

11 (b), each State application submitted for a grant under

12 section 231 shall include a detailed description of how the

13 funds made available under that section will be coordi14 nated with Federal assistance provided in parts B and C

15 of title II of this Act and by the Bureau of Justice Assist16 ance under the Drug Control and System Improvement

17 Grant program.

18 ‘‘REVIEW AND APPROVAL OF APPLICATIONS

19 ‘‘SEC. 237. The procedures and time limits imposed

20 on the Federal and State Governments under sections 505

21 and 508, respectively, of title I of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3755 and

23 3758) relating to the review of applications and distribu24 tion of Federal funds shall apply to the review of applica25 tions and distribution of funds under this subpart.’’.
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1 Subtitle C—Bindover System for

2 Certain Violent Juveniles

3 SEC. 621. BINDOVER SYSTEM.

4 Section 501(b) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3751), as

6 amended by section 1002, is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (21);

9 (2) by striking the period at the end of para10 graph (22) and inserting ‘‘; and’’; and

11 (3) by adding at the end the following new

12 paragraph:

13 ‘‘(23) programs that address the need for effec14 tive bindover systems for the prosecution of violent

15 16- and 17-year-olds in courts with jurisdiction over

16 adults for the crimes of—

17 ‘‘(A) murder in the first degree;

18 ‘‘(B) murder in the second degree;

19 ‘‘(C) attempted murder;

20 ‘‘(D) armed robbery when armed with a

21 firearm;

22 ‘‘(E) aggravated battery or assault when

23 armed with a firearm;

24 ‘‘(F) criminal sexual penetration when

25 armed with a firearm; and
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1 ‘‘(G) drive-by shootings as described in

2 section 36 of title 18, United States Code.’’.

3 TITLE VII—TERRORISM

4 Subtitle A—Maritime Navigation

5 and Fixed Platforms

6 SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME

7 NAVIGATION OR FIXED PLATFORMS.

8 Chapter 111 of title 18, United States Code, is

9 amended by adding at the end the following new sections:

10 ‘‘§ 2280. Violence against maritime navigation

11 ‘‘(a) OFFENSES.—

12 ‘‘(1) IN GENERAL.—A person who unlawfully

13 and intentionally—

14 ‘‘(A) seizes or exercises control over a ship

15 by force or threat thereof or any other form of

16 intimidation;

17 ‘‘(B) performs an act of violence against a

18 person on board a ship if that act is likely to

19 endanger the safe navigation of that ship;

20 ‘‘(C) destroys a ship or causes damage to

21 a ship or to its cargo which is likely to endan22 ger the safe navigation of that ship;

23 ‘‘(D) places or causes to be placed on a

24 ship, by any means whatsoever, a device or sub25 stance which is likely to destroy that ship, or
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1 cause damage to that ship or its cargo which

2 endangers or is likely to endanger the safe navi3 gation of that ship;

4 ‘‘(E) destroys or seriously damages mari5 time navigational facilities or seriously inter6 feres with their operation, if such act is likely

7 to endanger the safe navigation of a ship;

8 ‘‘(F) communicates information, knowing

9 the information to be false and under cir10 cumstances in which such information may rea11 sonably be believed, thereby endangering the

12 safe navigation of a ship;

13 ‘‘(G) injures or kills any person in connec14 tion with the commission or the attempted com15 mission of any of the offenses set forth in sub16 paragraphs (A) through (F); or

17 ‘‘(H) attempts to do any act prohibited

18 under subparagraphs (A) through (G),

19 shall be fined under this title, imprisoned not more

20 than 20 years, or both; and if the death of any per21 son results from conduct prohibited by this para22 graph, shall be punished by death or imprisoned for

23 any term of years or for life.

24 ‘‘(2) THREAT TO NAVIGATION.—A person who

25 threatens to do any act prohibited under paragraph
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1 (1) (B), (C) or (E), with apparent determination

2 and will to carry the threat into execution, if the

3 threatened act is likely to endanger the safe naviga4 tion of the ship in question, shall be fined under this

5 title, imprisoned not more than 5 years, or both.

6 ‘‘(b) JURISDICTION.—There is jurisdiction over the

7 prohibited activity in subsection (b)—

8 ‘‘(1) in the case of a covered ship, if—

9 ‘‘(A) such activity is committed—

10 ‘‘(i) by a person engaged in terrorism

11 or who acts on behalf of a terrorist group;

12 ‘‘(ii) against or on board a ship flying

13 the flag of the United States at the time

14 the prohibited activity is committed;

15 ‘‘(iii) in the United States and the ac16 tivity is not prohibited as a crime by the

17 State in which the activity takes place; or

18 ‘‘(iv) the activity takes place on a ship

19 flying the flag of a foreign country or out20 side the United States, by a national of the

21 United States or by a stateless person

22 whose habitual residence is in the United

23 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 ‘‘(c) DEFINITIONS.—In this section—

15 ‘‘ ‘covered ship’ means a ship that is navigating

16 or is scheduled to navigate into, through or from wa17 ters beyond the outer limit of the territorial sea of

18 a single country or a lateral limit of that country’s

19 territorial sea with an adjacent country.

20 ‘‘ ‘national of the United States’ has the mean21 ing stated in section 101(a)(22) of the Immigration

22 and Nationality Act (8 U.S.C. 1101(a)(22)).

23 ‘‘ ‘territorial sea of the United States’ means all

24 waters extending seaward to 12 nautical miles from
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1 the baselines of the United States determined in ac2 cordance with international law.

3 ‘‘ ‘ship’ means a vessel of any type whatsoever

4 not permanently attached to the sea-bed, including

5 dynamically supported craft, submersibles or any

6 other floating craft, but does not include a warship,

7 a ship owned or operated by a government when

8 being used as a naval auxiliary or for customs or po9 lice purposes, or a ship which has been withdrawn

10 from navigation or laid up.

11 ‘‘ ‘United States’, when used in a geographical

12 sense, includes the Commonwealth of Puerto Rico,

13 the Commonwealth of the Northern Marianas Is14 lands and all territories and possessions of the Unit15 ed States.

16 ‘‘§ 2281. Violence against maritime fixed platforms

17 ‘‘(a) OFFENSES.—

18 ‘‘(1) IN GENERAL.—A person who unlawfully

19 and intentionally—

20 ‘‘(A) seizes or exercises control over a fixed

21 platform by force or threat thereof or any other

22 form of intimidation;

23 ‘‘(B) performs an act of violence against a

24 person on board a fixed platform if that act is

25 likely to endanger its safety;
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1 ‘‘(C) destroys a fixed platform or causes

2 damage to it which is likely to endanger its

3 safety;

4 ‘‘(D) places or causes to be placed on a

5 fixed platform, by any means whatsoever, a de6 vice or substance which is likely to destroy that

7 fixed platform or likely to endanger its safety;

8 ‘‘(E) injures or kills any person in connec9 tion with the commission or the attempted com10 mission of any of the offenses set forth in sub11 paragraphs (A) through (D); or

12 ‘‘(F) attempts to do anything prohibited

13 under subparagraphs (A) through (E),

14 shall be fined under this title, imprisoned not more

15 than 20 years, or both; and if death results to any

16 person from conduct prohibited by this paragraph,

17 shall be punished by death or imprisoned for any

18 term of years or for life.

19 ‘‘(2) THREAT TO SAFETY.—A person who

20 threatens to do anything prohibited under paragraph

21 (1) (B) or (C), with apparent determination and will

22 to carry the threat into execution, if the threatened

23 act is likely to endanger the safety of the fixed plat24 form, shall be fined under this title, imprisoned not

25 more than 5 years, or both.
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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the

2 prohibited activity in subsection (b) if—

3 ‘‘(1) such activity is committed against or on

4 board a fixed platform—

5 ‘‘(A) that is located on the continental

6 shelf of the United States, if—

7 ‘‘(i) by a person engaged in terrorism

8 or who acts on behalf of a terrorist group;

9 or

10 ‘‘(ii) if the activity is not prohibited as

11 a crime by the State in which the activity

12 takes place;

13 ‘‘(B) that is located on the continental

14 shelf of another country, by a national of the

15 United States or by a stateless person whose

16 habitual residence is in the United States; or

17 ‘‘(C) in an attempt to compel the United

18 States to do or abstain from doing any act;

19 ‘‘(2) during the commission of such activity

20 against or on board a fixed platform located on a

21 continental shelf, a national of the United States is

22 seized, threatened, injured or killed; or

23 ‘‘(3) such activity is committed against or on

24 board a fixed platform located outside the United

25 States and beyond the continental shelf of the Unit-
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1 ed States and the offender is later found in the

2 United States.

3 ‘‘(c) DEFINITIONS.—In this section—

4 ‘‘ ‘continental shelf’ means the sea-bed and sub5 soil of the submarine areas that extend beyond a

6 country’s territorial sea to the limits provided by

7 customary international law as reflected in Article

8 76 of the 1982 Convention on the Law of the Sea.

9 ‘‘ ‘fixed platform’ means an artificial island, in10 stallation or structure permanently attached to the

11 sea-bed for the purpose of exploration or exploitation

12 of resources or for other economic purposes.

13 ‘‘ ‘national of the United States’ has the mean14 ing stated in section 101(a)(22) of the Immigration

15 and Nationality Act (8 U.S.C. 1101(a)(22)).

16 ‘‘ ‘territorial sea of the United States’ means all

17 waters extending seaward to 12 nautical miles from

18 the baselines of the United States determined in ac19 cordance with international law.

20 ‘‘ ‘United States’, when used in a geographical

21 sense, includes the Commonwealth of Puerto Rico,

22 the Commonwealth of the Northern Marianas Is23 lands and all territories and possessions of the Unit24 ed States.’’.
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1 SEC. 702. TECHNICAL AMENDMENT.

2 The chapter analysis for chapter 111 of title 18,

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

4 following new items:

‘‘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. 711. WEAPONS OF MASS DESTRUCTION.

23 (a) FINDINGS.—The Congress finds that the use and

24 threatened use of weapons of mass destruction (as defined
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1 in section 2332a of title 18, United States Code, as added

2 by subsection (b)) gravely harm the national security and

3 foreign relations interests of the United States, seriously

4 affect interstate and foreign commerce, and disturb the

5 domestic tranquility of the United States.

6 (b) OFFENSE.—Chapter 113A of title 18, United

7 States Code, is amended by inserting after section 2332

8 the following new section:

9 ‘‘§ 2332a. Use of weapons of mass destruction

10 ‘‘(a) DEFINITIONS.—In this section—

11 ‘‘ ‘national of the United States’ has the mean12 ing given in section 101(a)(22) of the Immigration

13 and Nationality Act (8 U.S.C. 1101(a)(22)).

14 ‘‘ ‘weapon of mass destruction’ means—

15 ‘‘(A) any destructive device (as defined in

16 section 921);

17 ‘‘(B) poison gas;

18 ‘‘(C) any weapon involving a disease orga19 nism; or

20 ‘‘(D) any weapon that is designed to re21 lease radiation or radioactivity at a level dan22 gerous to human life.

23 ‘‘(b) OFFENSE.—A person who uses, or attempts or

24 conspires to use, a weapon of mass destruction—
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1 ‘‘(1) against a national of the United States

2 while such national is outside of the United States;

3 ‘‘(2) against any person within the United

4 States; or

5 ‘‘(3) against any property that is owned, leased

6 or used by the United States or by any department

7 or agency of the United States, whether the property

8 is within or outside of the United States;

9 shall be imprisoned for any term of years or for life, and

10 if death results, shall be punished by death or imprisoned

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

12 (c) TECHNICAL AMENDMENT.—The chapter analysis

13 for chapter 113A of title 18, United States Code, is

14 amended by inserting after the item relating to section

15 2332 the following new item:

‘‘2332a. Use of weapons of mass destruction.’’.

16 SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

17 (a) SECTION 1705(b).—Section 206(b) of the Inter18 national Economic Emergency Powers Act (50 U.S.C.

19 1705(b)) is amended by striking ‘‘$50,000’’ and inserting

20 ‘‘$1,000,000’’.

21 (b) SECTION 1705(a).—Section 206(a) of the Inter22 national Economic Emergency Powers Act (50 U.S.C.

23 1705(a)) is amended by striking ‘‘$10,000’’ and inserting

24 ‘‘$1,000,000’’.
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1 (c) SECTION 1541.—Section 1541 of title 18, United

2 States Code, is amended—

3 (1) by striking ‘‘$500’’ and inserting

4 ‘‘$250,000’’; and

5 (2) by striking ‘‘one year’’ and inserting ‘‘5

6 years’’.

7 (d) CHAPTER 75.—Sections 1542, 1543, 1544 and

8 1546 of title 18, United States Code, are each amended—

9 (1) by striking ‘‘$2,000’’ each place it appears

10 and inserting ‘‘$250,000’’; and

11 (2) by striking ‘‘five years’’ each place it ap12 pears and inserting ‘‘10 years’’.

13 (e) SECTION 1545.—Section 1545 of title 18, United

14 States Code, is amended—

15 (1) by striking ‘‘$2,000’’ and inserting

16 ‘‘$250,000’’; and

17 (2) by striking ‘‘three years’’ and inserting ‘‘10

18 years’’.

19 SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES

20 INCLUDED IN SPECIAL MARITIME AND TER21 RITORIAL JURISDICTION.

22 The Congress declares that all the territorial sea of

23 the United States, as defined by Presidential Proclamation

24 5928 of December 27, 1988, is part of the United States,

25 subject to its sovereignty, and, for purposes of Federal
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1 criminal jurisdiction, is within the special maritime and

2 territorial jurisdiction of the United States wherever that

3 term is used in title 18, United States Code.

4 SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRI5 TORIAL SEA.

6 Section 13 of title 18, United States Code (relating

7 to the adoption of State laws for areas within Federal ju8 risdiction), is amended—

9 (1) by inserting after ‘‘title’’ in subsection (a)

10 the following: ‘‘or on, above, or below any portion of

11 the territorial sea of the United States not within

12 the territory of any State, Territory, Possession, or

13 District’’; and

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

15 subsection:

16 ‘‘(c) Whenever any waters of the territorial sea of the

17 United States lie outside the territory of any State, Terri18 tory, Possession, or District, such waters (including the

19 airspace above and the seabed and subsoil below, and arti20 ficial islands and fixed structures erected thereon) shall

21 be deemed for purposes of subsection (a) to lie within the

22 area of that State, Territory, Possession, or District it

23 would lie within if the boundaries of such State, Territory,

24 Possession, or District were extended seaward to the outer

25 limit of the territorial sea of the United States.’’.
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1 SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED

2 STATES NATIONALS ON CERTAIN FOREIGN

3 SHIPS.

4 Section 7 of title 18, United States Code (relating

5 to the special maritime and territorial jurisdiction of the

6 United States), is amended by inserting at the end thereof

7 the following new paragraph:

8 ‘‘(8) To the extent permitted by international law,

9 any foreign vessel during a voyage having a scheduled de10 parture from or arrival in the United States with respect

11 to an offense committed by or against a national of the

12 United States.’’.

13 SEC. 716. TORTURE.

14 (a) IN GENERAL.—Part I of title 18, United States

15 Code, is amended by inserting after chapter 113A the fol16 lowing new chapter:

17 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

18 ‘‘§ 2340. Definitions

19 ‘‘In this chapter—

20 ‘‘ ‘severe mental pain or suffering’ means the

21 prolonged mental harm caused by or resulting

22 from—
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1 ‘‘(A) the intentional infliction or threat2 ened infliction of severe physical pain or suffer3 ing;

4 ‘‘(B) the administration or application, or

5 threatened administration or application, of

6 mind altering substances or other procedures

7 calculated to disrupt profoundly the senses or

8 the personality;

9 ‘‘(C) the threat of imminent death; or

10 ‘‘(D) the threat that another person will

11 imminently be subjected to death, severe phys12 ical pain or suffering, or the administration or

13 application of mind altering substances or other

14 procedures calculated to disrupt profoundly the

15 senses or personality.

16 ‘‘ ‘torture’ means an act committed by a person

17 acting under the color of law specifically intended to

18 inflict severe physical or mental pain or suffering

19 (other than pain or suffering incidental to lawful

20 sanctions) upon another person within his custody or

21 physical control.

22 ‘‘ ‘United States’ includes all areas under the

23 jurisdiction of the United States including any of the

24 places within the provisions of sections 5 and 7 of
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1 this title and section 101(38) of the Federal Avia2 tion Act of 1958 (49 U.S.C. App. 1301(38)).

3 ‘‘§ 2340A. Torture

4 ‘‘(a) OFFENSES.—A person who outside the United

5 States commits or attempts to commit torture shall be

6 fined under this title, imprisoned not more than 20 years,

7 or both; and if death results to any person from conduct

8 prohibited by this subsection, shall be punished by death

9 or imprisoned for any term of years or for life.

10 ‘‘(b) JURISDICTION.—There is jurisdiction over the

11 prohibited activity in subsection (a) if—

12 ‘‘(1) the alleged offender is a national of the

13 United States; or

14 ‘‘(2) the alleged offender is present in the Unit15 ed States, irrespective of the nationality of the vic16 tim or the alleged offender.

17 ‘‘§ 2340B. Exclusive remedies

18 ‘‘Nothing in this chapter shall be construed as pre19 cluding the application of State or local laws on the same

20 subject, nor shall anything in this chapter be construed

21 as creating any substantive or procedural right enforceable

22 by law by any party in any civil proceeding.’’.

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

24 part I of title 18, United States Code, is amended by in-
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1 serting after the item for chapter 113A the following new

2 item:

‘‘113B. Torture ..................................................................................... 2340.’’.

3 (c) EFFECTIVE DATE.—The amendment made by

4 this section shall take effect on the later of—

5 (1) the date of enactment of this Act; or

6 (2) the date on which the United States has be7 come a party to the Convention Against Torture and

8 Other Cruel, Inhuman or Degrading Treatment or

9 Punishment.

10 SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS

11 FOR CERTAIN TERRORISM OFFENSES.

12 (a) IN GENERAL.—Chapter 213 of title 18, United

13 States Code, is amended by inserting after section 3285

14 the following new section:

15 ‘‘§ 3286. Extension of statute of limitations for certain

16 terrorism offenses

17 ‘‘Notwithstanding the provisions of section 3282, no

18 person shall be prosecuted, tried, or punished for any of19 fense involving a violation of section 32 (aircraft destruc20 tion), section 36 (airport violence), section 112 (assaults

21 upon diplomats), section 351 (crimes against Congress22 men or Cabinet officers), section 1116 (crimes against dip23 lomats), section 1203 (hostage taking), section 1361 (will24 ful injury to government property), section 1751 (crimes

25 against the President), section 2280 (maritime violence),
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1 section 2281 (maritime platform violence), section 2331

2 (terrorist acts abroad against United States nationals),

3 section 2339 (use of weapons of mass destruction), or sec4 tion 2340A (torture) of this title or section 902 (i), (j),

5 (k), (l), or (n) of the Federal Aviation Act of 1958, as

6 amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),

7 unless the indictment is found or the information is insti8 tuted within ten years next after such offense shall have

9 been committed.’’.

10 (b) TECHNICAL AMENDMENT.—The chapter analysis

11 for chapter 213 of title 18, United States Code, is amend12 ed by inserting after the item relating to section 3285 the

13 following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

14 SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR15 MATION.

16 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

17 title 18, United States Code, is amended to read as fol18 lows:

19 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

20 the Federal Bureau of Investigation, or his designee in

21 a position not lower than Deputy Assistant Director,

22 may—

23 ‘‘(1) request the name, address, length of serv24 ice, and toll billing records of a person or entity if

25 the Director (or his designee in a position not lower
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1 than Deputy Assistant Director) certifies in writing

2 to the wire or electronic communication service pro3 vider to which the request is made that—

4 ‘‘(A) the name, address, length of service,

5 and toll billing records sought are relevant to

6 an authorized foreign counterintelligence inves7 tigation; and

8 ‘‘(B) there are specific and articulable

9 facts giving reason to believe that the person or

10 entity to whom the information sought pertains

11 is a foreign power or an agent of a foreign

12 power as defined in section 101 of the Foreign

13 Intelligence Surveillance Act of 1978 (50

14 U.S.C. 1801); and

15 ‘‘(2) request the name, address, and length of

16 service of a person or entity if the Director (or his

17 designee in a position not lower than Deputy Assist18 ant Director) certifies in writing to the wire or elec19 tronic communication service provider to which the

20 request is made that—

21 ‘‘(A) the information sought is relevant to

22 an authorized foreign counterintelligence inves23 tigation; and

24 ‘‘(B) there are specific and articulable

25 facts giving reason to believe that communica-
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1 tion facilities registered in the name of the per2 son or entity have been used, through the serv3 ices of such provider, in communication with—

4 ‘‘(i) an individual who is engaging or

5 has engaged in international terrorism as

6 defined in section 101(c) of the Foreign

7 Intelligence Surveillance Act or clandestine

8 intelligence activities that involve or may

9 involve a violation of the criminal statutes

10 of the United States; or

11 ‘‘(ii) a foreign power or an agent of a

12 foreign power under circumstances giving

13 reason to believe that the communication

14 concerned international terrorism as de15 fined in section 101(c) of the Foreign In16 telligence Surveillance Act or clandestine

17 intelligence activities that involve or may

18 involve a violation of the criminal statutes

19 of the United States.’’.

20 (b) REPORT TO JUDICIARY COMMITTEES.—Section

21 2709(e) of title 18, United States Code, is amended by

22 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

23 on the Judiciary of the House of Representatives and the

24 Committee on the Judiciary of the Senate,’’.
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1 SEC. 719. VIOLENCE AT AIRPORTS SERVING INTER2 NATIONAL CIVIL AVIATION.

3 (a) OFFENSE.—Chapter 2 of title 18, United States

4 Code, is amended by adding at the end thereof the follow5 ing new section:

6 ‘‘§ 36. Violence at international airports

7 ‘‘(a) DEFINITIONS.—In this section, ‘terrorism’ and

8 ‘terrorist group’ have, respectively, the meanings stated in

9 section 140 of Public Law 100–204 (22 U.S.C. 2656f).

10 ‘‘(b) OFFENSE.—A person who unlawfully and inten11 tionally, using any device, substance, or weapon—

12 ‘‘(1) performs an act of violence against a per13 son at an airport serving international civil aviation

14 that causes or is likely to cause serious bodily injury

15 or death; or

16 ‘‘(2) destroys or seriously damages the facilities

17 of an airport serving international civil aviation or a

18 civil aircraft not in service located thereon or dis19 rupts the services of the airport,

20 if such an act endangers or is likely to endanger safety

21 at that airport, or attempts to do such an act, shall be

22 fined under this title, imprisoned not more than 20 years,

23 or both; and if the death of any person results from con24 duct prohibited by this subsection, shall be punished by

25 death or imprisoned for any term of years or for life.
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1 ‘‘(c) JURISDICTION.—There is jurisdiction over the

2 prohibited activity in subsection (b) if—

3 ‘‘(1) the prohibited activity takes place in the

4 United States and—

5 ‘‘(A) the perpetrator of the prohibited ac6 tivity engages in terrorism or acts on behalf of

7 a terrorist group;

8 ‘‘(B) the activity violates subsection (b)(1)

9 and the person against whom the violence is di10 rected is engaged in international air travel;

11 ‘‘(C) the activity violates subsection (b)(2)

12 and the facility or aircraft destroyed or dam13 aged is owned by or leased by a foreign flag

14 carrier or the services disrupted are primarily

15 for the benefit of such a carrier; or

16 ‘‘(D) the activity is not prohibited as a

17 crime by the law of the State in which the air18 port is located; or

19 ‘‘(2) the prohibited activity takes place outside

20 the United States and the offender is later found in

21 the United States.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 2 of title 18, United States Code, is amended

24 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.
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1 (c) EFFECTIVE DATE.—The amendment made by

2 subsection (a) shall take effect on the later of—

3 (1) the date of enactment of this Act; or

4 (2) the date on which the Protocol for the Sup5 pression of Unlawful Acts of Violence at Airports

6 Serving International Civil Aviation, Supplementary

7 to the Convention for the Suppression of Unlawful

8 Acts Against the Safety of Civil Aviation, done at

9 Montreal on 23 September 1971, has come into

10 force and the United States has become a party to

11 the Protocol.

12 SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CI13 VILIAN AVIATION.

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

15 States Code, as amended by section 719(a), is amended

16 by adding at the end the following new section:

17 ‘‘§ 37. Violations of Federal aviation security regula18 tions

19 ‘‘A person who willfully violates a security regulation

20 under part 107 or 108 of title 14, Code of Federal Regula21 tions (relating to airport and airline security) issued pur22 suant to section 315 or 316 of the Air Transportation Se23 curity Act of 1974 (49 U.S.C. App. 1356 and 1357), or

24 a successor part, shall be fined under this title, imprisoned

25 for not more than 1 year, or both.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 2 of title 18, United States Code, as amended

3 by section 719(b), is amended by adding at the end the

4 following new item:

‘‘37. Violations of Federal aviation security regulations.’’.

5 SEC. 721. COUNTERFEITING UNITED STATES CURRENCY

6 ABROAD.

7 (a) IN GENERAL.—Chapter 25 of title 18, United

8 States Code, is amended by adding before section 471 the

9 following new section:

10 ‘‘§ 470. Counterfeit acts committed outside the Unit11 ed States

12 ‘‘A person who, outside the United States, engages

13 in the act of—

14 ‘‘(1) making, dealing, or possessing any coun15 terfeit obligation or other security of the United

16 States; or

17 ‘‘(2) making, dealing, or possessing any plate,

18 stone, or other thing, or any part thereof, used to

19 counterfeit such obligation or security,

20 if such act would constitute a violation of section 471, 473,

21 or 474 if committed within the United States, shall be

22 fined under this title, imprisoned for not more than 15

23 years, or both.’’.

24 (b) TECHNICAL AMENDMENTS.—
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1 (1) CHAPTER ANALYSIS.—The chapter analysis

2 for chapter 25 of title 18, United States Code, is

3 amended by adding before section 471 the following

4 new item:

‘‘470. Counterfeit acts committed outside the United States.’’.

5 (2) PART ANALYSIS.—The part analysis for

6 part I of title 18, United States Code, is amended

7 by amending the item for chapter 25 to read as fol8 lows:

‘‘25. Counterfeiting and forgery ................................................... 470’’.

9 SEC. 722. ECONOMIC TERRORISM TASK FORCE.

10 (a) ESTABLISHMENT AND PURPOSE.—There is es11 tablished an Economic Terrorism Task Force to—

12 (1) assess the threat of terrorist actions di13 rected against the United States economy, including

14 actions directed against the United States govern15 ment and actions against United States business in16 terests;

17 (2) assess the adequacy of existing policies and

18 procedures designed to prevent terrorist actions di19 rected against the United States economy; and

20 (3) recommend administrative and legislative

21 actions to prevent terrorist actions directed against

22 the United States economy.
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1 (b) MEMBERSHIP.—The Economic Terrorism Task

2 Force shall be chaired by the Secretary of State, or the

3 Secretary’s designee, and consist of—

4 (1) the Director of Central Intelligence;

5 (2) the Director of the Federal Bureau of In6 vestigation;

7 (3) the Director of the United States Secret

8 Service;

9 (4) the Administrator of the Federal Aviation

10 Administration;

11 (5) the Chairman of the Board of Governors of

12 the Federal Reserve;

13 (6) the Under Secretary of the Treasury for Fi14 nance; and

15 (7) such other members of the Departments of

16 Defense, Justice, State, Treasury, or any other

17 agency of the United States government, as the Sec18 retary of State may designate.

19 (c) ADMINISTRATIVE PROVISIONS.—The Federal Ad20 visory Committee Act (5 U.S.C. App.) shall not apply with

21 respect to the Economic Terrorism Task Force.

22 (d) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the chairman of the Economic

24 Terrorism Task Force shall submit a report to the Presi25 dent and the Congress detailing the findings and rec-
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1 ommendations of the task force. If the report of the task

2 force is classified, an unclassified version shall be prepared

3 for public distribution.

4 SEC. 723. TERRORIST DEATH PENALTY ACT.

5 Section 2332(a)(1) of title 18, United States Code

6 is amended to read as follows:

7 ‘‘(1) if the killing is murder (as defined in sec8 tion 1111(a)), be fined under this title, punished by

9 death or imprisonment for any term of years or for

10 life, or both;’’.

11 SEC. 724. SENTENCING GUIDELINES INCREASE FOR TER12 RORIST CRIMES.

13 The United States Sentencing Commission is directed

14 to amend its sentencing guidelines to provide an appro15 priate enhancement for any felony, whether committed

16 within or outside the United States, that involves or is

17 intended to promote international terrorism, unless such

18 involvement or intent is itself an element of the crime.

19 SEC. 725. ALIEN WITNESS COOPERATION.

20 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS21 SIFICATION.—Section 101(a)(15) of the Immigration and

22 Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

23 (1) by striking ‘‘or’’ at the end of subparagraph

24 (Q),
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1 (2) by striking the period at the end of sub2 paragraph (R) and inserting ‘‘; or’’, and

3 (3) by adding at the end the following new sub4 paragraph:

5 ‘‘(S) subject to section 214(j), an alien—

6 ‘‘(i) who the Attorney General deter7 mines—

8 ‘‘(I) is in possession of critical reliable

9 information concerning a criminal organi10 zation or enterprise, and

11 ‘‘(II) is willing to supply such infor12 mation to Federal or State law enforce13 ment authorities or a Federal or State

14 court of law, 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 the Immigration and Nationality
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1 Act (8 U.S.C. 1182(d)) is amended by inserting be2 fore paragraph (2) the following new paragraph:

3 ‘‘(1) The Attorney General may, in the Attorney Gen4 eral’s discretion, waive the application of subsection (a)

5 (other than paragraph (3)(E) thereof) in the case of a

6 nonimmigrant described in section 101(a)(15)(S), if the

7 Attorney General deems it in the national interest. Any

8 such waiver shall be deemed a waiver of any comparable

9 ground for deportation under section 241(a)(1)(A).’’.

10 (2) NUMERICAL LIMITATIONS; PERIOD OF AD11 MISSION; ETC.—Section 214 of the Immigration and

12 Nationality Act (8 U.S.C. 1184) is amended by add13 ing at the end the following 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—
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1 ‘‘(A) shall report not less often than quarterly

2 to the Commissioner such information concerning

3 the alien’s whereabouts and activities as the Attor4 ney General may require,

5 ‘‘(B) may not be convicted of any criminal of6 fense in the United States after the date of such ad7 mission, and

8 ‘‘(C) must have executed a form that waives the

9 nonimmigrant’s right to contest, other than on the

10 basis of an application for withholding of deporta11 tion, any action for deportation of the alien insti12 tuted before the alien obtains lawful permanent resi13 dent status.

14 ‘‘(5) The Attorney General shall submit a report an15 nually to the Committees on the Judiciary of the House

16 of Representatives and of the Senate concerning—

17 ‘‘(A) the number of such nonimmigrants admit18 ted,

19 ‘‘(B) the number of successful criminal prosecu20 tions or investigations resulting from cooperation of

21 such aliens,

22 ‘‘(C) the number of such nonimmigrants whose

23 admission has not resulted in successful criminal

24 prosecution or investigation, and
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1 ‘‘(D) the number of such nonimmigrants who

2 have failed to report quarterly (as required under

3 paragraph (4)) or who have been convicted of crimes

4 in the United States after the date of their admis5 sion as such a nonimmigrant.’’.

6 (3) PROHIBITION OF CHANGE OF STATUS.—

7 Section 248(1) of the Immigration and Nationality

8 Act (8 U.S.C. 1258(1)) is amended by striking ‘‘or

9 (K)’’ and inserting ‘‘(K), or (S)’’.

10 (c) ADJUSTMENT TO PERMANENT RESIDENT STA11 TUS.—

12 (1) IN GENERAL.—Section 245 of the Immigra13 tion and Nationality Act (8 U.S.C. 1255) is amend14 ed by adding at the end the following new sub15 section:

16 ‘‘(h)(1) If, in the opinion of the Attorney General—

17 ‘‘(A) a nonimmigrant admitted into the United

18 States under section 101(a)(15)(S) has supplied in19 formation described in clauses (i) and (ii) of that

20 section, and

21 ‘‘(B) the provision of such information has sub22 stantially contributed to the success of an authorized

23 criminal investigation or the successful prosecution

24 of an individual described in clause (ii) of that sec25 tion,
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1 the Attorney General may adjust the status of the alien

2 (and the spouse and child of the alien if admitted under

3 such section) to that of an alien lawfully admitted for per4 manent residence if the alien is not described in section

5 212(a)(3)(E).

6 ‘‘(2) Upon the approval of adjustment of status under

7 paragraph (1), the Attorney General shall record the

8 alien’s lawful admission for permanent residence as of the

9 date of such approval, and the Secretary of State shall

10 reduce by 1 the number of visas authorized to be issued

11 under sections 201(d) and 203(b)(4) for the fiscal year

12 then current.’’.

13 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec14 tion 245(c) of the Immigration and Nationality Act

15 (8 U.S.C. 1255(c)) is amended—

16 (A) by striking ‘‘or’’ before ‘‘(3)’’ and

17 ‘‘(4)’’; and

18 (B) by inserting before the period at the

19 end the following: ‘‘; or (5) an alien who was

20 admitted as a nonimmigrant described in sec21 tion 101(a)(15)(S)’’.

22 (d) EXTENDING PERIOD OF DEPORTATION FOR CON23 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the

24 Immigration and Nationality Act (8 U.S.C.

25 1251(a)(2)(A)(i)(I)) is amended by inserting ‘‘(or 10
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1 years in the case of an alien provided lawful permanent

2 resident status under section 245(h))’’ after ‘‘five years’’.

3 SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

4 (a) OFFENSE.—Chapter 113A of title 18, United

5 States Code, is amended by adding the following new sec6 tion:

7 ‘‘§ 2339A. Providing material support to terrorists

8 ‘‘(a) DEFINITION.—In this section, ‘material support

9 or resources’ means currency or other financial securities,

10 financial services, lodging, training, safehouses, false doc11 umentation or identification, communications equipment,

12 facilities, weapons, lethal substances, explosives, person13 nel, transportation, and other physical assets, but does not

14 include humanitarian assistance to persons not directly in15 volved in such violations.

16 ‘‘(b) OFFENSE.—A person who, within the United

17 States, provides material support or resources or conceals

18 or disguises the nature, location, source, or ownership of

19 material support or resources, knowing or intending that

20 they are to be used in preparation for, or in carrying out,

21 a violation of section 32, 36, 351, 844 (f) or (i), 1114,

22 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or

23 2339 of this title or section 902(i) of the Federal Aviation

24 Act of 1958 (49 U.S.C. App. 1472(i)), or in preparation

25 for or carrying out the concealment of an escape from the
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1 commission of any such violation, shall be fined under this

2 title, imprisoned not more than 10 years, or both.’’.

3 (b) TECHNICAL AMENDMENT.—The chapter analysis

4 for chapter 113A of title 18, United States Code, is

5 amended by adding the following new item:

‘‘2339A. Providing material support to terrorists.’’.

6 TITLE VIII—SEXUAL VIOLENCE

7 AND CHILD ABUSE

8 Subtitle A—Sexual Abuse

9 SEC. 801. SEXUAL ABUSE AMENDMENTS.

10 (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON11 TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph

12 (2) of section 2245 of title 18, United States Code, is

13 amended—

14 (1) in subparagraph (B) by striking ‘‘or’’ after

15 the semicolon;

16 (2) in subparagraph (C) by striking ‘‘; and’’

17 and inserting ‘‘; or’’; and

18 (3) by inserting a new subparagraph (D) as fol19 lows:

20 ‘‘(D) the intentional touching, not through

21 the clothing, of the genitalia of another person

22 who has not attained the age of 16 years with

23 an intent to abuse, humiliate, harass, degrade,

24 or arouse or gratify the sexual desire of any

25 person;’’.
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1 Subtitle B—Child Protection

2 SEC. 811. SHORT TITLE.

3 This subtitle may be cited as the ‘‘National Child

4 Protection Act of 1993’’.

5 SEC. 812. PURPOSES.

6 The purposes of this subtitle are—

7 (1) to establish a national system through

8 which child care organizations may obtain the bene9 fit of a nationwide criminal background check to de10 termine if persons who are current or prospective

11 child care providers have committed child abuse

12 crimes or other serious crimes;

13 (2) to establish minimum criteria for State laws

14 and procedures that permit child care organizations

15 to obtain the benefit of nationwide criminal back16 ground checks to determine if persons who are cur17 rent or prospective child care providers have commit18 ted child abuse crimes or other serious crimes;

19 (3) to provide procedural rights for persons who

20 are subject to nationwide criminal background

21 checks, including procedures to challenge and correct

22 inaccurate background check information;

23 (4) to establish a national system for the re24 porting by the States of child abuse crime informa25 tion; and
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1 (5) to document and study the problem of child

2 abuse by providing statistical and informational data

3 on child abuse and related crimes to the Department

4 of Justice and other interested parties.

5 SEC. 813. DEFINITIONS.

6 For the purposes of this subtitle—

7 (1) the term ‘‘authorized agency’’ means a divi8 sion or office of a State designated by a State to re9 port, receive, or disseminate information under this

10 subtitle;

11 (2) the term ‘‘background check crime’’ means

12 a child abuse crime, murder, manslaughter, aggra13 vated assault, kidnapping, arson, sexual assault, do14 mestic violence, incest, indecent exposure, prostitu15 tion, promotion of prostitution, and a felony offense

16 involving the use or distribution of a controlled sub17 stance;

18 (3) the term ‘‘child’’ means a person who is a

19 child for purposes of the criminal child abuse law of

20 a State;

21 (4) the term ‘‘child abuse’’ means the physical

22 or mental injury, sexual abuse or exploitation, ne23 glectful treatment, negligent treatment, or maltreat24 ment of a child by any person in violation of the

25 criminal child abuse laws of a State, but does not in-
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1 clude discipline administered by a parent or legal

2 guardian to his or her child provided it is reasonable

3 in manner and moderate in degree and otherwise

4 does not constitute cruelty;

5 (5) the term ‘‘child abuse crime’’ means a crime

6 committed under any law of a State that establishes

7 criminal penalties for the commission of child abuse

8 by a parent or other family member of a child or by

9 any other person;

10 (6) the term ‘‘child abuse crime information’’

11 means the following facts concerning a person who

12 is under indictment for, or has been convicted of, a

13 child abuse crime: full name, race, sex, date of birth,

14 height, weight, a brief description of the child abuse

15 crime or offenses for which the person has been ar16 rested or is under indictment or has been convicted,

17 the disposition of the charge, and any other informa18 tion that the Attorney General determines may be

19 useful in identifying persons arrested for, under in20 dictment for, or convicted of, a child abuse crime;

21 (7) the term ‘‘child care’’ means the provision

22 of care, treatment, education, training, instruction,

23 supervision, or recreation to children;
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1 (8) the term ‘‘domestic violence’’ means a fel2 ony or misdemeanor involving the use or threatened

3 use of force by—

4 (A) a present or former spouse of the vic5 tim;

6 (B) a person with whom the victim shares

7 a child in common;

8 (C) a person who is cohabiting with or has

9 cohabited with the victim as a spouse; or

10 (D) any person defined as a spouse of the

11 victim under the domestic or family violence

12 laws of a State;

13 (9) the term ‘‘exploitation’’ means child pornog14 raphy and child prostitution;

15 (10) the term ‘‘mental injury’’ means harm to

16 a child’s psychological or intellectual functioning,

17 which may be exhibited by severe anxiety, depres18 sion, withdrawal or outward aggressive behavior, or

19 a combination of those behaviors or by a change in

20 behavior, emotional response, or cognition;

21 (11) the term ‘‘national criminal background

22 check system’’ means the system maintained by the

23 Federal Bureau of Investigation based on fingerprint

24 identification or any other method of positive identi25 fication;
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1 (12) the term ‘‘negligent treatment’’ means the

2 failure to provide, for a reason other than poverty,

3 adequate food, clothing, shelter, or medical care so

4 as to seriously endanger the physical health of a

5 child;

6 (13) the term ‘‘physical injury’’ includes lacera7 tions, fractured bones, burns, internal injuries, se8 vere bruising, and serious bodily harm;

9 (14) the term ‘‘provider’’ means

10 (A) a person who—

11 (i) is employed by or volunteers with

12 a qualified entity;

13 (ii) who owns or operates a qualified

14 entity; or

15 (iii) who has or may have unsuper16 vised access to a child to whom the quali17 fied entity provides child care; and

18 (B) a person who—

19 (i) seeks to be employed by or volun20 teer with a qualified entity;

21 (ii) seeks to own or operate a qualified

22 entity; or

23 (iii) seeks to have or may have unsu24 pervised access to a child to whom the

25 qualified entity provides child care;
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1 (15) the term ‘‘qualified entity’’ means a busi2 ness or organization, whether public, private, for3 profit, not-for-profit, or voluntary, that provides

4 child care or child care placement services, including

5 a business or organization that licenses or certifies

6 others to provide child care or child care placement

7 services;

8 (16) the term ‘‘sex crime’’ means an act of sex9 ual abuse that is a criminal act;

10 (17) the term ‘‘sexual abuse’’ includes the em11 ployment, use, persuasion, inducement, enticement,

12 or coercion of a child to engage in, or assist another

13 person to engage in, sexually explicit conduct or the

14 rape, molestation, prostitution, or other form of sex15 ual exploitation of children or incest with children;

16 and

17 (18) the term ‘‘State’’ means a State, the Dis18 trict of Columbia, the Commonwealth of Puerto

19 Rico, American Samoa, the Virgin Islands, Guam,

20 and the Trust Territories of the Pacific.

21 SEC. 814. REPORTING BY THE STATES.

22 (a) IN GENERAL.—An authorized criminal justice

23 agency of a State shall report child abuse crime informa24 tion to, or index child abuse crime information in, the na25 tional criminal background check system.
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1 (b) PROVISION OF STATE CHILD ABUSE CRIME

2 RECORDS THROUGH THE NATIONAL CRIMINAL BACK3 GROUND CHECK SYSTEM.—(1) Not later than 180 days

4 after the date of enactment of this Act, the Attorney Gen5 eral shall—

6 (A) investigate the criminal records of each

7 State and determine for each State a timetable by

8 which the State should be able to provide child

9 abuse crime records on an on-line capacity basis

10 through the national criminal background check sys11 tem;

12 (B) establish guidelines for the reporting or in13 dexing of child abuse crime information, including

14 guidelines relating to the format, content, and accu15 racy of child abuse crime information and other pro16 cedures for carrying out this Act; and

17 (C) notify each State of the determinations

18 made pursuant to subparagraphs (A) and (B).

19 (2) The Attorney General shall require as a part of

20 the State timetable that the State—

21 (A) achieve, by not later than the date that is

22 3 years after the date of enactment of this Act, at

23 least 80 percent currency of final case dispositions

24 in computerized criminal history files for all identifi-
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1 able child abuse crime cases in which there has been

2 an event of activity within the last 5 years;

3 (B) continue to maintain at least 80 percent

4 currency of final case dispositions in all identifiable

5 child abuse crime cases in which there has been an

6 event of activity within the preceding 5 years; and

7 (C) take steps to achieve full disposition report8 ing, including data quality audits and periodic no9 tices to criminal justice agencies identifying records

10 that lack final dispositions and requesting those dis11 positions.

12 (c) LIAISON.—An authorized agency of a State shall

13 maintain close liaison with the National Center on Child

14 Abuse and Neglect, the National Center for Missing and

15 Exploited Children, and the National Center for the Pros16 ecution of Child Abuse for the exchange of technical as17 sistance in cases of child abuse.

18 (d) ANNUAL SUMMARY.—(1) The Attorney General

19 shall publish an annual statistical summary of the child

20 abuse crime information reported under this subtitle.

21 (2) The annual statistical summary described in

22 paragraph (1) shall not contain any information that may

23 reveal the identity of any particular victim or alleged viola24 tor.
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1 (e) ANNUAL REPORT.—The Attorney General shall

2 publish an annual summary of each State’s progress in

3 reporting child abuse crime information to the national

4 criminal background check system.

5 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

6 later than 180 days after the date of enactment of this

7 Act, the Administrator of the Office of Juvenile Justice

8 and Delinquency Prevention shall begin a study based on

9 a statistically significant sample of convicted child abuse

10 offenders and other relevant information to determine—

11 (A) the percentage of convicted child abuse of12 fenders who have more than 1 conviction for an of13 fense involving child abuse;

14 (B) the percentage of convicted child abuse of15 fenders who have been convicted of an offense in16 volving child abuse in more than 1 State;

17 (C) whether there are crimes or classes of

18 crimes, in addition to those defined as background

19 check crimes in section 3, that are indicative of a

20 potential to abuse children; and

21 (D) the extent to which and the manner in

22 which instances of child abuse form a basis for con23 victions for crimes other than child abuse crimes.

24 (2) Not later than 1 year after the date of enactment

25 of this Act, the Administrator shall submit a report to the
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1 Chairman of the Committee on the Judiciary of the Senate

2 and the Chairman of the Committee on the Judiciary of

3 the House of Representatives containing a description of

4 and a summary of the results of the study conducted pur5 suant to paragraph (1).

6 SEC. 815. BACKGROUND CHECKS.

7 (a) IN GENERAL.—(1) A State may have in effect

8 procedures (established by or under State statute or regu9 lation) to permit a qualified entity to contact an author10 ized agency of the State to request a nationwide back11 ground check for the purpose of determining whether

12 there is a report that a provider is under indictment for,

13 or has been convicted of, a background check crime.

14 (2) The authorized agency shall access and review

15 State and Federal records of background check crimes

16 through the national criminal background check system

17 and shall respond promptly to the inquiry.

18 (b) GUIDELINES.—(1) The Attorney General shall es19 tablish guidelines for State background check procedures

20 established under subsection (a), which guidelines shall in21 clude the requirements and protections of this subtitle.

22 (2) The guidelines established under paragraph (1)

23 shall require—

24 (A) that no qualified entity may request a back25 ground check of a provider under subsection (a) un-
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1 less the provider first completes and signs a state2 ment that—

3 (i) contains the name, address, and date of

4 birth appearing on a valid identification docu5 ment (as defined by section 1028(d)(1) of title

6 18, United States Code) of the provider;

7 (ii) the provider is not under indictment

8 for, and has not been convicted of, a back9 ground check crime and, if the provider is

10 under indictment for or has been convicted of

11 a background check crime, contains a descrip12 tion of the crime and the particulars of the in13 dictment or conviction;

14 (iii) notifies the provider that the entity

15 may request a background check under sub16 section (a);

17 (iv) notifies the provider of the provider’s

18 rights under subparagraph (B); and

19 (v) notifies the provider that prior to the

20 receipt of the background check the qualified

21 entity may choose to deny the provider unsuper22 vised access to a child to whom the qualified en23 tity provides child care;
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1 (B) that each State establish procedures under

2 which a provider who is the subject of a background

3 check under subsection (a) is entitled—

4 (i) to obtain a copy of any background

5 check report and any record that forms the

6 basis for any such report; and

7 (ii) to challenge the accuracy and com8 pleteness of any information contained in any

9 such report or record and obtain a prompt de10 termination from an authorized agency as to

11 the validity of such challenge;

12 (C) that an authorized agency to which a quali13 fied entity has provided notice pursuant to sub14 section (a) make reasonable efforts to complete re15 search in whatever State and local recordkeeping

16 systems are available and in the national criminal

17 background check system and respond to the quali18 fied entity within 15 business days;

19 (D) that the response of an authorized agency

20 to an inquiry pursuant to subsection (a) inform the

21 qualified entity that the background check pursuant

22 to this section—

23 (i) may not reflect all indictments or con24 victions for a background check crime; and
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1 (ii) may not be the sole basis for determin2 ing the fitness of a provider;

3 (E) that the response of an authorized agency

4 to an inquiry pursuant to subsection (a) be limited

5 to the conviction or pending indictment information

6 reasonably required to accomplish the purposes of

7 this Act;

8 (F) that the qualified entity may choose to deny

9 the provider unsupervised access to a child to whom

10 the qualified entity provides child care on the basis

11 of a background check under subsection (a) until the

12 provider has obtained a determination as to the va13 lidity of any challenge under subparagraph (B) or

14 waived the right to make such challenge; and

15 (G) that each State establish procedures to en16 sure that any background check under subsection

17 (a) and the results thereof shall be requested by and

18 provided only to—

19 (i) qualified entities identified by States;

20 (ii) authorized representatives of a quali21 fied entity who have a need to know such infor22 mation;

23 (iii) the provider who is the subject of a

24 background check;

25 (iv) law enforcement authorities; or
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1 (v) pursuant to the direction of a court of

2 law;

3 (H) that background check information con4 veyed to a qualified entity pursuant to subsection (a)

5 shall not be conveyed to any person except as pro6 vided under subparagraph (G);

7 (I) that an authorized agency shall not be liable

8 in an action at law for damages for failure to pre9 vent a qualified entity from taking action adverse to

10 a provider on the basis of a background check;

11 (J) that a State employee or a political subdivi12 sion of a State or employee thereof responsible for

13 providing information to the national criminal back14 ground check system shall not be liable in an action

15 at law for damages for failure to prevent a qualified

16 entity from taking action adverse to a provider on

17 the basis of a background check; and

18 (K) that a State or Federal provider of criminal

19 history records, and any employee thereof, shall not

20 be liable in an action at law for damages for failure

21 to prevent a qualified entity from taking action ad22 verse to a provider on the basis of a criminal back23 ground check, or due to a criminal history record’s

24 being incomplete.
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1 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand2 ing anything to the contrary in this section, the Attorney

3 General may certify that a State licensing or certification

4 procedure that differs from the procedures described in

5 subsections (a) and (b) shall be deemed to be the equiva6 lent of such procedures for purposes of this Act, but the

7 procedures described in subsections (a) and (b) shall con8 tinue to apply to those qualified entities, providers, and

9 background check crimes that are not governed by or in10 cluded within the State licensing or certification proce11 dure.

12 (2) The Attorney General shall by regulation estab13 lish criteria for certifications under this subsection. Such

14 criteria shall include a finding by the Attorney General

15 that the State licensing or certification procedure accom16 plishes the purposes of this Act and incorporates a nation17 wide review of State and Federal records of background

18 check offenses through the national criminal background

19 check system.

20 (d) REGULATIONS.—(1) The Attorney General may

21 by regulation prescribe such other measures as may be

22 required to carry out the purposes of this Act, including

23 measures relating to the security, confidentiality, accu24 racy, use, misuse, and dissemination of information, and

25 audits and recordkeeping.
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1 (2) The Attorney General shall, to the maximum ex2 tent possible, encourage the use of the best technology

3 available in conducting background checks.

4 SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

5 CRIME INFORMATION.

6 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

7 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

8 the Omnibus Crime Control and Safe Streets Act of 1968

9 (42 U.S.C. 3759(b)) is amended—

10 (1) in paragraph (2) by striking ‘‘and’’ after

11 the semicolon;

12 (2) in paragraph (3) by striking the period and

13 inserting ‘‘; and’’; and

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

15 paragraph:

16 ‘‘(4) the improvement of State record systems

17 and the sharing of all of the records described in

18 paragraphs (1), (2), and (3) and the records re19 quired by the Attorney General under section 914 of

20 the National Child Protection Act of 1993 with the

21 Attorney General for the purpose of implementing

22 the National Child Protection Act of 1993.’’.

23 (b) ADDITIONAL FUNDING GRANTS FOR THE IM24 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

25 (1) The Attorney General shall, subject to appropriations
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1 and with preference to States that as of the date of enact2 ment of this Act have the lowest percent currency of case

3 dispositions in computerized criminal history files, make

4 a grant to each State to be used—

5 (A) for the computerization of criminal history

6 files for the purposes of this subtitle;

7 (B) for the improvement of existing computer8 ized criminal history files for the purposes of this

9 subtitle;

10 (C) to improve accessibility to the national

11 criminal background check system for the purposes

12 of this subtitle; and

13 (D) to assist the State in the transmittal of

14 criminal records to, or the indexing of criminal his15 tory record in, the national criminal background

16 check system for the purposes of this subtitle.

17 (2) There are authorized to be appropriated for

18 grants under paragraph (1) a total of $20,000,000 for fis19 cal years 1995, 1996, and 1997.

20 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

21 after the date of enactment of this Act, the Attorney Gen22 eral may reduce by up to 10 percent the allocation to a

23 State for a fiscal year under title I of the Omnibus Crime

24 Control and Safe Streets Act of 1968 of a State that is
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1 not in compliance with the timetable established for that

2 State under section 914 of this Act.

3 Subtitle C—Crimes Against

4 Children

5 SEC. 821. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Jacob Wetterling

7 Crimes Against Children Registration Act’’.

8 SEC. 822. ESTABLISHMENT OF PROGRAM.

9 (a) IN GENERAL.—

10 (1) STATE GUIDELINES.—The Attorney General

11 shall establish guidelines for State programs requir12 ing any person who is convicted of a criminal offense

13 against a victim who is a minor to register a current

14 address with a designated State law enforcement

15 agency for 10 years after release from prison, being

16 placed on parole, or being placed on supervised re17 lease.

18 (2) DEFINITION.—For purposes of this sub19 section, the term ‘‘criminal offense against a victim

20 who is a minor’’ includes—

21 (A) kidnapping of a minor, except by a

22 noncustodial parent;

23 (B) false imprisonment of a minor, except

24 by a noncustodial parent;
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1 (C) criminal sexual conduct toward a

2 minor;

3 (D) solicitation of minors to engage in sex4 ual conduct;

5 (E) use of minors in a sexual performance;

6 or

7 (F) solicitation of minors to practice pros8 titution.

9 (b) REGISTRATION REQUIREMENT UPON RELEASE,

10 PAROLE, OR SUPERVISED RELEASE.—An approved State

11 registration program established by this section shall con12 tain the following requirements:

13 (1) NOTIFICATION.—If a person who is re14 quired to register under this section is released from

15 prison, paroled, or placed on supervised release, a

16 State prison officer shall—

17 (A) inform the person of the duty to reg18 ister;

19 (B) inform the person that if the person

20 changes residence address, the person shall give

21 the new address to a designated State law en22 forcement agency in writing within 10 days;

23 (C) obtain fingerprints and a photograph

24 of the person if these have not already been ob-
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1 tained in connection with the offense that trig2 gers registration; and

3 (D) require the person to read and sign a

4 form stating that the duty of the person to reg5 ister under this section has been explained.

6 (2) TRANSFER OF INFORMATION TO STATE AND

7 THE FBI.—The officer shall, within 3 days after re8 ceipt of information described in paragraph (1), for9 ward it to a designated State law enforcement agen10 cy. The State law enforcement agency shall imme11 diately enter the information into the appropriate

12 State law enforcement record system and notify the

13 appropriate law enforcement agency having jurisdic14 tion where the person expects to reside. The State

15 law enforcement agency shall also immediately

16 transmit the conviction data and fingerprints to the

17 Identification Division of the Federal Bureau of In18 vestigation.

19 (3) ANNUAL VERIFICATION.—On each anniver20 sary of a person’s initial registration date during the

21 period in which the person is required to register

22 under this section, the designated State law enforce23 ment agency shall mail a nonforwardable verification

24 form to the last reported address of the person. The

25 person shall mail the verification form to the officer
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1 within 10 days after receipt of the form. The ver2 ification form shall be signed by the person, and

3 state that the person still resides at the address last

4 reported to the designated State law enforcement

5 agency. If the person fails to mail the verification

6 form to the designated State law enforcement agen7 cy within 10 days after receipt of the form, the per8 son shall be in violation of this section unless the

9 person proves that the person has not changed his

10 or her residence address.

11 (4) NOTIFICATION OF LOCAL LAW ENFORCE12 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

13 change of address by a person required to register

14 under this section reported to the designated State

15 law enforcement agency shall immediately be re16 ported to the appropriate law enforcement agency

17 having jurisdiction where the person is residing.

18 (c) REGISTRATION FOR 10 YEARS.—A person re19 quired to register under this section shall continue to com20 ply with this section until 10 years have elapsed since the

21 person was released from imprisonment, or placed on pa22 role or supervised release.

23 (d) PENALTY.—A person required to register under

24 a State program established pursuant to this section who

25 knowingly fails to so register and keep such registration
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1 current shall be subject to criminal penalties in such State.

2 It is the sense of Congress that such penalties should in3 clude at least 6 months imprisonment.

4 (e) PRIVATE DATA.—The information provided under

5 this section is private data on individuals and may be used

6 for law enforcement purposes and confidential background

7 checks conducted with fingerprints by a designated State

8 law enforcement agency for child care services providers.

9 SEC. 823. STATE COMPLIANCE.

10 (a) COMPLIANCE DATE.—Each State shall have 3

11 years from the date of enactment of this Act in which to

12 implement the provisions of this subtitle.

13 (b) INELIGIBILITY FOR FUNDS.—The allocation of

14 funds under section 506 of title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)

16 received by a State not complying with this subtitle 3

17 years after the date of enactment of this Act shall be re18 duced by 10 percent and the unallocated funds shall be

19 reallocated to the States in compliance with this section.

20 TITLE IX—CRIME VICTIMS

21 Subtitle A—Victims’ Rights

22 SEC. 901. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

23 Rule 32 of the Federal Rules of Criminal Procedure

24 is amended by—
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1 (1) striking ‘‘and’’ following the semicolon in

2 subdivision (a)(1)(B);

3 (2) striking the period at the end of subdivision

4 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

5 (3) inserting after subdivision (a)(1)(C) the fol6 lowing:

7 ‘‘(D) if sentence is to be imposed for a

8 crime of violence or sexual abuse, address the

9 victim personally if the victim is present at the

10 sentencing hearing and determine if the victim

11 wishes to make a statement and to present any

12 information in relation to the sentence.’’;

13 (4) in the second to last sentence of subdivision

14 (a)(1), striking ‘‘equivalent opportunity’’ and insert15 ing in lieu thereof ‘‘opportunity equivalent to that of

16 the defendant’s counsel’’;

17 (5) in the last sentence of subdivision (a)(1) in18 serting ‘‘the victim,’’ before ‘‘or the attorney for the

19 Government.’’; and

20 (6) adding at the end the following:

21 ‘‘(f) DEFINITIONS.—For purposes of this rule—

22 ‘‘(1) ‘victim’ means any individual against

23 whom an offense for which a sentence is to be im24 posed has been committed, but the right of allocu-
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1 tion under subdivision (a)(1)(D) may be exercised

2 instead by—

3 ‘‘(A) a parent or legal guardian in case the

4 victim is below the age of eighteen years or in5 competent; or

6 ‘‘(B) one or more family members or rel7 atives designated by the court in case the victim

8 is deceased or incapacitated;

9 if such person or persons are present at the sentenc10 ing hearing, regardless of whether the victim is

11 present; and

12 ‘‘(2) ‘crime of violence or sexual abuse’ means

13 a crime that involved the use or attempted or threat14 ened use of physical force against the person or

15 property of another, or a crime under chapter 109A

16 of title 18, United States Code.’’.

17 SEC. 902. MANDATORY RESTITUTION AND OTHER PROVI18 SIONS.

19 (a) ORDER OF RESTITUTION.—Section 3663 of title

20 18, United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘may order’’ and inserting

23 ‘‘shall order’’; and

24 (B) by adding at the end the following new

25 paragraph:
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1 ‘‘(4) In addition to ordering restitution of the victim

2 of the offense of which a defendant is convicted, a court

3 may order restitution of any person who, as shown by a

4 preponderance of evidence, was harmed physically, emo5 tionally, or pecuniarily, by unlawful conduct of the defend6 ant during—

7 ‘‘(A) the criminal episode during which the of8 fense occurred; or

9 ‘‘(B) the course of a scheme, conspiracy, or pat10 tern of unlawful activity related to the offense.’’;

11 (2) in subsection (b)(1)(A) by striking ‘‘imprac12 tical’’ and inserting ‘‘impracticable’’;

13 (3) in subsection (b)(2) by inserting ‘‘emotional

14 or’’ after ‘‘resulting in’’;

15 (4) in subsection (c) by striking ‘‘If the Court

16 decides to order restitution under this section, the’’

17 and inserting ‘‘The’’;

18 (5) by striking subsections (d), (e), (f), (g), and

19 (h); and

20 (6) by adding at the end the following new sub21 sections:

22 ‘‘(d)(1) The court shall order restitution to a victim

23 in the full amount of the victim’s losses as determined by

24 the court and without consideration of—
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1 ‘‘(A) the economic circumstances of the of2 fender; or

3 ‘‘(B) the fact that a victim has received or is

4 entitled to receive compensation with respect to a

5 loss from insurance or any other source.

6 ‘‘(2) Upon determination of the amount of restitution

7 owed to each victim, the court shall specify in the restitu8 tion order the manner in which and the schedule according

9 to which the restitution is to be paid, in consideration of—

10 ‘‘(A) the financial resources and other assets of

11 the offender;

12 ‘‘(B) projected earnings and other income of

13 the offender; and

14 ‘‘(C) any financial obligations of the offender,

15 including obligations to dependents.

16 ‘‘(3) A restoration order may direct the offender to

17 make a single, lump-sum payment, partial payment at

18 specified intervals, or such in-kind payments as may be

19 agreeable to the victim and the offender.

20 ‘‘(4) An in-kind payment described in paragraph (3)

21 may be in the form of—

22 ‘‘(A) return of property;

23 ‘‘(B) replacement of property; or

24 ‘‘(C) services rendered to the victim or to a per25 son or organization other than the victim.
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1 ‘‘(e) When the court finds that more than 1 offender

2 has contributed to the loss of a victim, the court may make

3 each offender liable for payment of the full amount of res4 titution or may apportion liability among the offenders to

5 reflect the level of contribution and economic cir6 cumstances of each offender.

7 ‘‘(f) When the court finds that more than 1 victim

8 has sustained a loss requiring restitution by an offender,

9 the court shall order full restitution of each victim but may

10 provide for different payment schedules to reflect the eco11 nomic circumstances of each victim.

12 ‘‘(g)(1) If the victim has received or is entitled to re13 ceive compensation with respect to a loss from insurance

14 or any other source, the court shall order that restitution

15 be paid to the person who provided or is obligated to pro16 vide the compensation, but the restitution order shall pro17 vide that all restitution of victims required by the order

18 be paid to the victims before any restitution is paid to

19 such a provider of compensation.

20 ‘‘(2) The issuance of a restitution order shall not af21 fect the entitlement of a victim to receive compensation

22 with respect to a loss from insurance or any other source

23 until the payments actually received by the victim under

24 the restitution order fully compensate the victim for the

25 loss, at which time a person that has provided compensa-
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1 tion to the victim shall be entitled to receive any payments

2 remaining to be paid under the restitution order.

3 ‘‘(3) Any amount paid to a victim under an order of

4 restitution shall be set off against any amount later recov5 ered as compensatory damages by the victim in—

6 ‘‘(A) any Federal civil proceeding; and

7 ‘‘(B) any State civil proceeding, to the extent

8 provided by the law of the State.

9 ‘‘(h) A restitution order shall provide that—

10 ‘‘(1) all fines, penalties, costs, restitution pay11 ments and other forms of transfers of money or

12 property made pursuant to the sentence of the court

13 shall be made by the offender to an entity des14 ignated by the Director of the Administrative Office

15 of the United States Courts for accounting and pay16 ment by the entity in accordance with this sub17 section;

18 ‘‘(2) the entity designated by the Director of

19 the Administrative Office of the United States

20 Courts shall—

21 ‘‘(A) log all transfers in a manner that

22 tracks the offender’s obligations and the cur23 rent status in meeting those obligations, unless,

24 after efforts have been made to enforce the res25 titution order and it appears that compliance
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1 cannot be obtained, the court determines that

2 continued recordkeeping under this subpara3 graph would not be useful;

4 ‘‘(B) notify the court and the interested

5 parties when an offender is 90 days in arrears

6 in meeting those obligations; and

7 ‘‘(C) disburse money received from an of8 fender so that each of the following obligations

9 is paid in full in the following sequence:

10 ‘‘(i) a penalty assessment under sec11 tion 3013 of title 18, United States Code;

12 ‘‘(ii) restitution of all victims; and

13 ‘‘(iii) all other fines, penalties, costs,

14 and other payments required under the

15 sentence; and

16 ‘‘(3) the offender shall advise the entity des17 ignated by the Director of the Administrative Office

18 of the United States Courts of any change in the of19 fender’s address during the term of the restitution

20 order.

21 ‘‘(i) A restitution order shall constitute a lien against

22 all property of the offender and may be recorded in any

23 Federal or State office for the recording of liens against

24 real or personal property.
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1 ‘‘(j) Compliance with the schedule of payment and

2 other terms of a restitution order shall be a condition of

3 any probation, parole, or other form of release of an of4 fender. If a defendant fails to comply with a restitution

5 order, the court may revoke probation or a term of super6 vised release, modify the term or conditions of probation

7 or a term of supervised release, hold the defendant in con8 tempt of court, enter a restraining order or injunction,

9 order the sale of property of the defendant, accept a per10 formance bond, or take any other action necessary to ob11 tain compliance with the restitution order. In determining

12 what action to take, the court shall consider the defend13 ant’s employment status, earning ability, financial re14 sources, the willfulness in failing to comply with the res15 titution order, and any other circumstances that may have

16 a bearing on the defendant’s ability to comply with the

17 restitution order.

18 ‘‘(k) An order of restitution may be enforced—

19 ‘‘(1) by the United States—

20 ‘‘(A) in the manner provided for the collec21 tion and payment of fines in subchapter (B) of

22 chapter 229 of this title; or

23 ‘‘(B) in the same manner as a judgment in

24 a civil action; and
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1 ‘‘(2) by a victim named in the order to receive

2 the restitution, in the same manner as a judgment

3 in a civil action.

4 ‘‘(l) A victim or the offender may petition the court

5 at any time to modify a restitution order as appropriate

6 in view of a change in the economic circumstances of the

7 offender.’’.

8 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU9 TION.—Section 3664 of title 18, United States Code, is

10 amended—

11 (1) by striking subsection (a);

12 (2) by redesignating subsections (b), (c), (d),

13 and (e) as subsections (a), (b), (c), and (d);

14 (3) by amending subsection (a), as redesignated

15 by paragraph (2), to read as follows:

16 ‘‘(a) The court may order the probation service of the

17 court to obtain information pertaining to the amount of

18 loss sustained by any victim as a result of the offense,

19 the financial resources of the defendant, the financial

20 needs and earning ability of the defendant and the defend21 ant’s dependents, and such other factors as the court

22 deems appropriate. The probation service of the court

23 shall include the information collected in the report of

24 presentence investigation or in a separate report, as the

25 court directs.’’; and
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1 (4) by adding at the end thereof the following

2 new subsection:

3 ‘‘(e) The court may refer any issue arising in connec4 tion with a proposed order of restitution to a magistrate

5 or special master for proposed findings of fact and rec6 ommendations as to disposition, subject to a de novo de7 termination of the issue by the court.’’.

8 Subtitle B—Crime Victims’ Fund

9 SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.

10 Section 1402(d)(2) of the Victims of Crime Act of

11 1984 (42 U.S.C. 10601(d)(2)) is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (A);

14 (2) by striking the period at the end of sub15 paragraph (B) and inserting a semicolon; and

16 (3) by adding at the end the following new sub17 paragraphs:

18 ‘‘(C) 1 percent shall be available for grants

19 under section 1404(c); and

20 ‘‘(D) 4.5 percent shall be available for

21 grants as provided in section 1404A.’’.
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1 SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSA2 TION TO CERTAIN FEDERAL PROGRAMS.

3 Section 1403 of the Victims of Crime Act of 1984

4 (42 U.S.C. 10602) is amended by adding at the end the

5 following:

6 ‘‘(e) Notwithstanding any other provision of law, if

7 the compensation paid by an eligible crime victim com8 pensation program would cover costs that a Federal pro9 gram, or a federally financed State or local program,

10 would otherwise pay, then—

11 ‘‘(1) such crime victim compensation program

12 shall not pay that compensation; and

13 ‘‘(2) the other program shall make its payments

14 without regard to the existence of the crime victim

15 compensation program.’’.

16 SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM17 PENSATION.

18 (a) CREATION OF EXCEPTION.—The final sentence

19 of section 1403(a)(1) of the Victims of Crime Act of 1984

20 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A

21 grant’’ and inserting ‘‘Except as provided in paragraph

22 (3), a grant’’.

23 (b) REQUIREMENTS OF EXCEPTION.—Section

24 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.

25 10602(a)) is amended by adding at the end the following

26 new paragraph:
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1 ‘‘(3) Not more than 5 percent of a grant made

2 under this section may be used for the administra3 tion of the State crime victim compensation program

4 receiving the grant.’’.

5 SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.

6 Section 1404(a)(1) of the Victims of Crime Act of

7 1984 (42 U.S.C. 10603(a)(1)) is amended—

8 (1) by striking ‘‘or for the purpose of grants

9 under section 1403 but not used for that purpose’’;

10 and

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

12 ‘‘The Director, in the Director’s discretion, may use

13 amounts made available under section 1402(d)(2) for the

14 purposes of grants under section 1403 but not used for

15 that purpose, for grants under this subsection, either in

16 the year such amounts are not so used, or the next year.’’.

17 SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.

18 Section 1404(c)(1)(A) of the Victims of Crime Act

19 of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert20 ing ‘‘demonstration projects and’’ before ‘‘training’’.

21 SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS22 SISTANCE.

23 (a) CREATION OF EXCEPTION.—Section 1404(b)(2)

24 of the Victims of Crime Act of 1984 (42 U.S.C.
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1 10603(b)(2)) is amended by striking ‘‘An eligible’’ and in2 serting ‘‘Except as provided in paragraph (3), an eligible’’.

3 (b) REQUIREMENTS OF EXCEPTION.—Section

4 1404(b) of the Victims of Crime Act of 1984 (42 U.S.C.

5 10603(b)) is amended by adding at the end the following

6 new subsection:

7 ‘‘(3) Not more than 5 percent of sums received

8 under subsection (a) may be used for the adminis9 tration of the State crime victim assistance program

10 receiving such sums.’’.

11 SEC. 917. MAINTENANCE OF EFFORT.

12 Section 1407 of the Victims of Crime Act of 1984

13 (42 U.S.C. 10604) is amended by adding at the end the

14 following new subsection:

15 ‘‘(h) Each entity receiving sums made available under

16 this Act for administrative purposes shall certify that such

17 sums will not be used to supplant State or local funds,

18 but will be used to increase the amount of such funds that

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

20 for these purposes.’’.
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1 TITLE X—STATE AND LOCAL

2 LAW ENFORCEMENT

3 Subtitle A—DNA Identification

4 SEC. 1001. SHORT TITLE.

5 This subtitle may be cited as the ‘‘DNA Identification

6 Act of 1993’’.

7 SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAIL8 ABILITY OF DNA ANALYSES FOR LAW EN9 FORCEMENT IDENTIFICATION PURPOSES.

10 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

11 GRANT PROGRAM.—Section 501(b) of title I of the Omni12 bus Crime Control and Safe Streets Act of 1968 (42

13 U.S.C. 3751(b)) is amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (20);

16 (2) by striking the period at the end of para17 graph (21) and inserting ‘‘; and’’; and

18 (3) by adding at the end the following new

19 paragraph:

20 ‘‘(22) developing or improving in a forensic lab21 oratory a capability to analyze deoxyribonucleic acid

22 (hereinafter in this title referred to as ‘DNA’) for

23 identification purposes.’’.

24 (b) STATE APPLICATIONS.—Section 503(a) of title I

25 of the Omnibus Crime Control and Safe Streets Act of
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1 1968 (42 U.S.C. 3753(a)) is amended by adding at the

2 end thereof the following new paragraph:

3 ‘‘(12) If any part of a grant made under this

4 part is to be used to develop or improve a DNA

5 analysis capability in a forensic laboratory, a certifi6 cation that—

7 ‘‘(A) DNA analyses performed at such lab8 oratory will satisfy or exceed then current

9 standards for a quality assurance program for

10 DNA analysis, issued by the Director of the

11 Federal Bureau of Investigation under section

12 1123 of the DNA Identification Act of 1993;

13 ‘‘(B) DNA samples obtained by, and DNA

14 analyses performed at, such laboratory will be

15 accessible only—

16 ‘‘(i) to criminal justice agencies for

17 law enforcement identification purposes;

18 ‘‘(ii) in judicial proceedings, if other19 wise admissable pursuant to applicable

20 statutes or rules;

21 ‘‘(iii) for criminal defense purposes, to

22 a defendant, who shall have access to sam23 ples and analyses performed in connection

24 with the case in which such defendant is

25 charged; or
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1 ‘‘(iv) if personally identifiable infor2 mation is removed, for a population statis3 tics database, for identification research

4 and protocol development purposes, or for

5 quality control purposes; and

6 ‘‘(C) such laboratory, and each analyst

7 performing DNA analyses at such laboratory,

8 will undergo, at regular intervals of not to ex9 ceed 180 days, external proficiency testing by a

10 DNA proficiency testing program meeting the

11 standards issued under section 1123 of the

12 DNA Identification Act of 1993.’’.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—For each

14 of fiscal years 1995 through 1999 there are authorized

15 to be appropriated $10,000,000 for grants to the States

16 for DNA analysis.

17 SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TEST18 ING STANDARDS.

19 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO20 FICIENCY TESTING STANDARDS.—(1) Not later than 180

21 days after the date of the enactment of this Act, the Direc22 tor of the Federal Bureau of Investigation shall appoint

23 an advisory board on DNA quality assurance methods.

24 The Director shall appoint members of the board from

25 among nominations proposed by the head of the National
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1 Academy of Sciences and professional societies of crime

2 laboratory directors. The advisory board shall include as

3 members scientists from state and local forensic labora4 tories, molecular geneticists and population geneticists not

5 affiliated with a forensic laboratory, and a representative

6 from the National Institute of Standards and Technology.

7 The advisory board shall develop, and if appropriate, peri8 odically revise, recommended standards for quality assur9 ance, including standards for testing the proficiency of fo10 rensic laboratories, and forensic analysts, in conducting

11 analyses of DNA.

12 (2) The Director of the Federal Bureau of Investiga13 tion, after taking into consideration such recommended

14 standards, shall issue (and revise from time to time)

15 standards for quality assurance, including standards for

16 testing the proficiency of forensic laboratories, and foren17 sic analysts, in conducting analyses of DNA.

18 (3) The standards described in paragraphs (1) and

19 (2) shall specify criteria for quality assurance and pro20 ficiency tests to be applied to the various types of DNA

21 analyses used by forensic laboratories. The standards shall

22 also include a system for grading proficiency testing per23 formance to determine whether a laboratory is performing

24 acceptably.
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1 (4) Until such time as the advisory board has made

2 recommendations to the Director of the Federal Bureau

3 of Investigation and the Director has acted upon those

4 recommendations, the quality assurance guidelines adopt5 ed by the technical working group on DNA analysis meth6 ods shall be deemed the Director’s standards for purposes

7 of this section.

8 (b) ADMINISTRATION OF THE ADVISORY BOARD.—

9 For administrative purposes, the advisory board appointed

10 under subsection (a) shall be considered an advisory board

11 to the Director of the Federal Bureau of Investigation.

12 Section 14 of the Federal Advisory Committee Act (5

13 U.S.C. App.) shall not apply with respect to the advisory

14 board appointed under subsection (a). The board shall

15 cease to exist on the date 5 years after the initial appoint16 ments are made to the board, unless the existence of the

17 board is extended by the Director of the Federal Bureau

18 of Investigation.

19 SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EX20 CHANGE OF DNA IDENTIFICATION INFORMA21 TION.

22 (a) The Director of the Federal Bureau of Investiga23 tion may establish an index of—

24 (1) DNA identification records of persons con25 victed of crimes;
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1 (2) analyses of DNA samples recovered from

2 crime scenes; and

3 (3) analyses of DNA samples recovered from

4 unidentified human remains.

5 (b) Such index may include only information on DNA

6 identification records and DNA analyses that are—

7 (1) based on analyses performed in accordance

8 with publicly available standards that satisfy or ex9 ceed the guidelines for a quality assurance program

10 for DNA analysis, issued by the Director of the Fed11 eral Bureau of Investigation under section 1123 of

12 the DNA Identification Act of 1993;

13 (2) prepared by laboratories, and DNA ana14 lysts, that undergo, at regular intervals of not to ex15 ceed 180 days, external proficiency testing by a

16 DNA proficiency testing program meeting the stand17 ards issued under section 1123 of the DNA Identi18 fication Act of 1993; and

19 (3) maintained by Federal, State, and local

20 criminal justice agencies pursuant to rules that allow

21 disclosure of stored DNA samples and DNA analy22 ses only—

23 (A) to criminal justice agencies for law en24 forcement identification purposes;
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1 (B) in judicial proceedings, if otherwise

2 admissable pursuant to applicable statutes or

3 rules;

4 (C) for criminal defense purposes, to a de5 fendant, who shall have access to samples and

6 analyses performed in connection with the case

7 in which such defendant is charged; or

8 (D) if personally identifiable information is

9 removed, for a population statistics database,

10 for identification research and protocol develop11 ment purposes, or for quality control purposes.

12 (c) The exchange of records authorized by this section

13 is subject to cancellation if the quality control and privacy

14 requirements described in subsection (b) of this section are

15 not met.

16 SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.

17 (a) PROFICIENCY TESTING REQUIREMENTS.—

18 (1) GENERALLY.—Personnel at the Federal

19 Bureau of Investigation who perform DNA analyses

20 shall undergo, at regular intervals of not to exceed

21 180 days, external proficiency testing by a DNA

22 proficiency testing program meeting the standards

23 issued under section 1123(b). Within 1 year of the

24 date of enactment of this Act, the Director of the

25 Federal Bureau of Investigation shall arrange for
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1 periodic blind external tests to determine the pro2 ficiency of DNA analysis performed at the Federal

3 Bureau of Investigation laboratory. As used in this

4 paragraph, the term ‘‘blind external test’’ means a

5 test that is presented to the laboratory through a

6 second agency and appears to the analysts to involve

7 routine evidence.

8 (2) REPORT.—For 5 years after the date of en9 actment of this Act, the Director of the Federal Bu10 reau of Investigation shall submit to the Committees

11 on the Judiciary of the House and Senate an annual

12 report on the results of each of the tests referred to

13 in paragraph (1).

14 (b) PRIVACY PROTECTION STANDARDS.—

15 (1) GENERALLY.—Except as provided in para16 graph (2), the results of DNA tests performed for

17 a Federal law enforcement agency for law enforce18 ment purposes may be disclosed only—

19 (A) to criminal justice agencies for law en20 forcement identification purposes; or

21 (B) for criminal defense purposes, to a de22 fendant, who shall have access to samples and

23 analyses performed in connection with the case

24 in which such defendant is charged.
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1 (2) EXCEPTION.—If personally identifiable in2 formation is removed, test results may be disclosed

3 for a population statistics database, for identification

4 research and protocol development purposes, or for

5 quality control purposes.

6 (c) CRIMINAL PENALTY.—(1) Whoever—

7 (A) by virtue of employment or official position,

8 has possession of, or access to, individually identifi9 able DNA information indexed in a database created

10 or maintained by any Federal law enforcement agen11 cy; and

12 (B) willfully discloses such information in any

13 manner to any person or agency not entitled to re14 ceive it;

15 shall be fined not more than $100,000.

16 (2) Whoever, without authorization, willfully obtains

17 DNA samples or individually identifiable DNA informa18 tion indexed in a database created or maintained by any

19 Federal law enforcement agency shall be fined not more

20 than $100,000.

21 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the Fed23 eral Bureau of Investigation $4,500,000 for each of fiscal

24 years 1995 through 1999 to carry out sections 1003,

25 1004, and 1005.
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1 Subtitle B—Department of Justice

2 Community Substance Abuse

3 Prevention

4 SEC. 1011. SHORT TITLE.

5 This section may be cited as the ‘‘Department of Jus6 tice Community Substance Abuse Prevention Act of

7 1993’’.

8 SEC. 1012. COMMUNITY PARTNERSHIPS.

9 (a) IN GENERAL.—Part E of title I of the Omnibus

10 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

11 3711 et seq.) is amended by adding at the end the follow12 ing new subpart:

13 ‘‘Subpart 4—Community Coalitions on Substance Abuse

14 ‘‘GRANTS TO COMBAT SUBSTANCE ABUSE

15 ‘‘SEC. 531. (a) DEFINITION.—As used in this section,

16 the term ‘eligible coalition’ means an association, consist17 ing of at least 7 organizations, agencies, and individuals

18 that are concerned about preventing substance abuse, that

19 shall include—

20 ‘‘(1) public and private organizations and agen21 cies that represent law enforcement, schools, health

22 and social service agencies, and community-based or23 ganizations; and

24 ‘‘(2) representatives of 3 of the following

25 groups: the clergy, academia, business, parents,
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1 youth, the media, civic and fraternal groups, or

2 other nongovernmental interested parties.

3 ‘‘(b) GRANT PROGRAM.—The Attorney General, act4 ing through the Director of the Bureau of Justice Assist5 ance, and the appropriate State agency, may make grants

6 to eligible coalitions in order to—

7 ‘‘(1) plan and implement comprehensive long8 term strategies for substance abuse prevention;

9 ‘‘(2) develop a detailed assessment of existing

10 substance abuse prevention programs and activities

11 to determine community resources and to identify

12 major gaps and barriers in such programs and ac13 tivities;

14 ‘‘(3) identify and solicit funding sources to en15 able such programs and activities to become self-sus16 taining;

17 ‘‘(4) develop a consensus regarding the prior18 ities of a community concerning substance abuse;

19 ‘‘(5) develop a plan to implement such prior20 ities; and

21 ‘‘(6) coordinate substance abuse services and

22 activities, including prevention activities in the

23 schools or communities and substance abuse treat24 ment programs.
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1 ‘‘(c) COMMUNITY PARTICIPATION.—In developing

2 and implementing a substance abuse prevention program,

3 a coalition receiving funds under subsection (b) shall—

4 ‘‘(1) emphasize and encourage substantial vol5 untary participation in the community, especially

6 among individuals involved with youth such as teach7 ers, coaches, parents, and clergy; and

8 ‘‘(2) emphasize and encourage the involvement

9 of businesses, civic groups, and other community or10 ganizations and members.

11 ‘‘(d) APPLICATION.—An eligible coalition shall sub12 mit an application to the Attorney General and the appro13 priate State agency in order to receive a grant under this

14 section. Such application shall—

15 ‘‘(1) describe and, to the extent possible, docu16 ment the nature and extent of the substance abuse

17 problem, emphasizing who is at risk and specifying

18 which groups of individuals should be targeted for

19 prevention and intervention;

20 ‘‘(2) describe the activities needing financial as21 sistance;

22 ‘‘(3) identify participating agencies, organiza23 tions, and individuals;

24 ‘‘(4) identify the agency, organization, or indi25 vidual that has responsibility for leading the coali-
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1 tion, and provide assurances that such agency, orga2 nization or individual has previous substance abuse

3 prevention experience;

4 ‘‘(5) describe a mechanism to evaluate the suc5 cess of the coalition in developing and carrying out

6 the substance abuse prevention plan referred to in

7 subsection (b)(5) and to report on such plan to the

8 Attorney General on an annual basis; and

9 ‘‘(6) contain such additional information and

10 assurances as the Attorney General and the appro11 priate State agency may prescribe.

12 ‘‘(e) PRIORITY.—In awarding grants under this sec13 tion, the Attorney General and the appropriate State

14 agency shall give priority to a community that—

15 ‘‘(1) provides evidence of significant substance

16 abuse;

17 ‘‘(2) proposes a comprehensive and multifaceted

18 approach to eliminating substance abuse;

19 ‘‘(3) encourages the involvement of businesses

20 and community leaders in substance abuse preven21 tion activities;

22 ‘‘(4) demonstrates a commitment and a high

23 priority for preventing substance abuse; and
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1 ‘‘(5) demonstrates support from the community

2 and State and local agencies for efforts to eliminate

3 substance abuse.

4 ‘‘(f) REVIEW.—Each coalition receiving money pursu5 ant to the provisions of this section shall submit an annual

6 report to the Attorney General, and the appropriate State

7 agency, evaluating the effectiveness of the plan described

8 in subsection (b)(5) and containing such additional infor9 mation as the Attorney General, or the appropriate State

10 agency, may prescribe. The Attorney General, in conjunc11 tion with the Director of the Bureau of Justice Assistance,

12 and the appropriate State agency, shall submit an annual

13 review to the Committee on the Judiciary of the Senate

14 and the Committee on the Judiciary of the House of Rep15 resentatives. Such review shall—

16 ‘‘(1) evaluate the grant program established in

17 this section to determine its effectiveness;

18 ‘‘(2) implement necessary changes to the pro19 gram that can be done by the Attorney General; and

20 ‘‘(3) recommend any statutory changes that are

21 necessary.

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 $15,000,000 for fiscal year 1995, $20,000,000 for fiscal

25 year 1996, and $25,000,000 for fiscal year 1997.’’.
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1 (b) TECHNICAL AMENDMENT.—The table of contents

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

3 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by in4 serting after the item relating to section 522 the following:

‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE

‘‘Sec. 531. Grants to combat substance abuse.’’.

5 Subtitle C—Racial and Ethnic Bias

6 Study Grants

7 SEC. 1021. STUDY GRANTS.

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

9 (1) equality under law is tested most profoundly

10 by whether a legal system tolerates race playing a

11 role in the criminal justice system; and

12 (2) States should examine their criminal justice

13 systems in order to ensure that racial and ethnic

14 bias has no part in such criminal justice systems.

15 (b) AUTHORIZATION OF GRANT PROGRAM.—

16 (1) IN GENERAL.—The Attorney General, act17 ing through the Bureau of Justice Assistance, may

18 make grants to States that have established by State

19 law or by the court of last resort a plan for analyz20 ing the role of race in that State’s criminal justice

21 system. Such plan shall include recommendations de22 signed to correct any findings that racial and ethnic

23 bias plays such a role.
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1 (2) CRITERIA FOR GRANTS.—Grants under this

2 subsection shall be awarded based upon criteria es3 tablished by the Attorney General. In establishing

4 the criteria, the Attorney General shall take into

5 consideration the population of the respective States,

6 the racial and ethnic composition of the population

7 of the States, and the crime rates of the States.

8 (3) REPORTS BY STATES.—Recipients of grants

9 under this subsection shall report the findings and

10 recommendations of studies funded by grants under

11 this subsection to the Congress within reasonable

12 time limits established by the Attorney General.

13 (4) REIMBURSEMENT OF STATES.—Grants may

14 be made to reimburse States for work started prior

15 to the date of enactment of this Act.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $2,000,000 for each of fiscal years 1995, 1996, 1997,

19 1998, and 1999.
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1 TITLE XI—PROVISIONS

2 RELATING TO POLICE OFFICERS

3 Subtitle A—Law Enforcement

4 Family Support

5 SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

6 (a) IN GENERAL.—Title I of the Omnibus Crime

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

8 et seq.), as amended by section 309(b)(1), is amended—

9 (1) by redesignating part S as part T;

10 (2) by redesignating section 1901 as 2001; and

11 (3) by inserting after part R the following new

12 part:

13 ‘‘PART S—FAMILY SUPPORT

14 ‘‘SEC. 1901. DUTIES OF DIRECTOR.

15 ‘‘The Director shall—

16 ‘‘(1) establish guidelines and oversee the imple17 mentation of family-friendly policies within law en18 forcement-related offices and divisions in the De19 partment of Justice;

20 ‘‘(2) study the effects of stress on law enforce21 ment personnel and family well-being and dissemi22 nate the findings of such studies to Federal, State,

23 and local law enforcement agencies, related organi24 zations, and other interested parties;
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1 ‘‘(3) identify and evaluate model programs that

2 provide support services to law enforcement person3 nel and families;

4 ‘‘(4) provide technical assistance and training

5 programs to develop stress reduction and family sup6 port to State and local law enforcement agencies;

7 ‘‘(5) collect and disseminate information re8 garding family support, stress reduction, and psy9 chological services to Federal, State, and local law

10 enforcement agencies, law enforcement-related orga11 nizations, and other interested entities; and

12 ‘‘(6) determine issues to be researched by the

13 Bureau and by grant recipients.

14 ‘‘SEC. 1902. GENERAL AUTHORIZATION.

15 ‘‘The Director may make grants to States and local

16 law enforcement agencies and to organizations represent17 ing State or local law enforcement personnel to provide

18 family support services to law enforcement personnel.

19 ‘‘SEC. 1903. USES OF FUNDS.

20 ‘‘(a) IN GENERAL.—A State or local law enforcement

21 agency or organization that receives a grant under this

22 Act shall use amounts provided under the grant to estab23 lish or improve training and support programs for law en24 forcement personnel.
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1 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

2 agency or organization that receives funds under this part

3 shall provide at least one of the following services:

4 ‘‘(1) Counseling for law enforcement family

5 members.

6 ‘‘(2) Child care on a 24-hour basis.

7 ‘‘(3) Marital and adolescent support groups.

8 ‘‘(4) Stress reduction programs.

9 ‘‘(5) Stress education for law enforcement re10 cruits and families.

11 ‘‘(6) Provide technical assistance and training

12 programs to support any or all of the services de13 scribed in paragraphs (1), (2), (3), (4), and (5).

14 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement

15 agency or organization that receives funds under this part

16 may provide the following services:

17 ‘‘(1) Post-shooting debriefing for officers and

18 their spouses.

19 ‘‘(2) Group therapy.

20 ‘‘(3) Hypertension clinics.

21 ‘‘(4) Critical incident response on a 24-hour

22 basis.

23 ‘‘(5) Law enforcement family crisis telephone

24 services on a 24-hour basis.
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1 ‘‘(6) Counseling for law enforcement personnel

2 exposed to the human immunodeficiency virus.

3 ‘‘(7) Counseling for peers.

4 ‘‘(8) Counseling for families of personnel killed

5 in the line of duty.

6 ‘‘(9) Seminars regarding alcohol, drug use,

7 gambling, and overeating.

8 ‘‘(10) Technical assistance and training to sup9 port any or all of the services described in para10 graphs (1), (2), (3), (4), (5), (6), (7), (8), and (9).

11 ‘‘SEC. 1904. APPLICATIONS.

12 ‘‘A law enforcement agency or organization desiring

13 to receive a grant under this part shall submit to the Di14 rector an application at such time, in such manner, and

15 containing or accompanied by such information as the Di16 rector may reasonably require. Such application shall—

17 ‘‘(1) certify that the law enforcement agency

18 shall match all Federal funds with an equal amount

19 of cash or in-kind goods or services from other non20 Federal sources;

21 ‘‘(2) include a statement from the highest rank22 ing law enforcement official from the State or local23 ity or from the highest ranking official from the or24 ganization applying for the grant that attests to the
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1 need and intended use of services to be provided

2 with grant funds; and

3 ‘‘(3) assure that the Director or the Comptrol4 ler General of the United States shall have access to

5 all records related to the receipt and use of grant

6 funds received under this part.

7 ‘‘SEC. 1905. AWARD OF GRANTS; LIMITATION.

8 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

9 under this part, the Director shall assure an equitable dis10 tribution of assistance among the States, among urban

11 and rural areas of the United States, and among urban

12 and rural areas of a State.

13 ‘‘(b) DURATION.—The Director may award a grant

14 each fiscal year, not to exceed $100,000 to a State or local

15 law enforcement agency or $250,000 to a law enforcement

16 organization for a period not to exceed 5 years. In any

17 application from a State or local law enforcement agency

18 or organization for a grant to continue a program for the

19 second, third, fourth, or fifth fiscal year following the first

20 fiscal year in which a grant was awarded to such agency,

21 the Director shall review the progress made toward meet22 ing the objectives of the program. The Director may refuse

23 to award a grant if the Director finds sufficient progress

24 has not been made toward meeting such objectives, but
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1 only after affording the applicant notice and an oppor2 tunity for reconsideration.

3 ‘‘(c) LIMITATION.—Not more than 10 percent of

4 grant funds received by a State or a local law enforcement

5 agency or organization may be used for administrative

6 purposes.

7 ‘‘SEC. 1906. DISCRETIONARY RESEARCH GRANTS.

8 ‘‘The Director may reserve 10 percent of funds to

9 award research grants to a State or local law enforcement

10 agency or organization to study issues of importance in

11 the law enforcement field as determined by the Director.

12 ‘‘SEC. 1907. REPORTS.

13 ‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State

14 or local law enforcement agency or organization that re15 ceives a grant under this part shall submit to the Director

16 an annual report that includes—

17 ‘‘(1) program descriptions;

18 ‘‘(2) the number of staff employed to admin19 ister programs;

20 ‘‘(3) the number of individuals who participated

21 in programs; and

22 ‘‘(4) an evaluation of the effectiveness of grant

23 programs.
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1 ‘‘(b) REPORT FROM DIRECTOR.—(1) The Director

2 shall submit to the Congress a report not later than March

3 31 of each fiscal year.

4 ‘‘(2) Such report shall contain—

5 ‘‘(A) a description of the types of projects de6 veloped or improved through funds received under

7 this part;

8 ‘‘(B) a description of exemplary projects and

9 activities developed;

10 ‘‘(C) a designation of the family relationship to

11 the law enforcement personnel of individuals served;

12 and

13 ‘‘(D) the number of individuals served in each

14 location and throughout the country.

15 ‘‘SEC. 1908. DEFINITIONS.

16 ‘‘For purposes of this part—

17 ‘‘(1) the term ‘family-friendly policy’ means a

18 policy to promote or improve the morale and well

19 being of law enforcement personnel and their fami20 lies; and

21 ‘‘(2) the term ‘law enforcement personnel’

22 means individuals employed by Federal, State, and

23 local law enforcement agencies.’’.

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

25 of title I of the Omnibus Crime Control and Safe Streets
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1 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec2 tion 309(b)(2), is amended by striking the matter relating

3 to part R and inserting the following:

‘‘PART S—FAMILY SUPPORT

‘‘Sec. 1901. Duties of director.

‘‘Sec. 1902. General authorization.

‘‘Sec. 1903. Uses of funds.

‘‘Sec. 1904. Applications.

‘‘Sec. 1905. Award of grants; limitation.

‘‘Sec. 1906. Discretionary research grants.

‘‘Sec. 1907. Reports.

‘‘Sec. 1908. Definitions.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALS

‘‘Sec. 2001. Continuation of rules, authorities, and privileges.’’.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

5 1001(a) of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec7 tion 309(b)(3), is amended—

8 (1) in paragraph (3) by striking ‘‘and R’’ and

9 inserting ‘‘R, and S’’; and

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

11 paragraph:

12 ‘‘(13) There are authorized to be appropriated to

13 carry out part U $5,000,000 for each of fiscal years 1995,

14 1996, 1997, 1998, and 1999. Not more than 20 percent

15 of such funds may be used to accomplish the duties of

16 the Director under that part, including administrative

17 costs, research, and training programs.’’.
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1 Subtitle B—Police Pattern or

2 Practice

3 SEC. 1111. CAUSE OF ACTION.

4 (a) UNLAWFUL CONDUCT.—It shall be unlawful for

5 any governmental authority, or any agent thereof, or any

6 person acting on behalf of a governmental authority, to

7 engage in a pattern or practice of conduct by law enforce8 ment officers that deprives persons of rights, privileges,

9 or immunities secured or protected by the Constitution or

10 laws of the United States.

11 (b) CIVIL ACTION BY ATTORNEY GENERAL.—When12 ever the Attorney General has reasonable cause to believe

13 that a violation of paragraph (1) has occurred, the Attor14 ney General, for or in the name of the United States, may

15 in a civil action obtain appropriate equitable and declara16 tory relief to eliminate the pattern or practice.

17 SEC. 1112. DATA ON USE OF EXCESSIVE FORCE.

18 (a) ATTORNEY GENERAL TO COLLECT.—The Attor19 ney General shall, through the victimization surveys con20 ducted by the Bureau of Justice Statistics, acquire data

21 about the use of excessive force by law enforcement offi22 cers.

23 (b) LIMITATION ON USE OF DATA.—Data acquired

24 under this section shall be used only for research or statis25 tical purposes and may not contain any information that
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1 may reveal the identity of the victim or any law enforce2 ment officer.

3 (c) ANNUAL SUMMARY.—The Attorney general shall

4 publish an annual summary of the data acquired under

5 this section.

6 Subtitle C—Police Corps and Law

7 Enforcement Officers Training

8 and Education

9 CHAPTER 1—POLICE CORPS

10 SEC. 1121. SHORT TITLE.

11 This chapter may be cited as the ‘‘Police Corps Act’’.

12 SEC. 1122. PURPOSES.

13 The purposes of this chapter are to—

14 (1) address violent crime by increasing the

15 number of police with advanced education and train16 ing on community patrol; and

17 (2) provide educational assistance to law en18 forcement personnel and to students who possess a

19 sincere interest in public service in the form of law

20 enforcement.

21 SEC. 1123. DEFINITIONS.

22 In this chapter—

23 ‘‘academic year’’ means a traditional academic

24 year beginning in August or September and ending

25 in the following May or June.
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1 ‘‘dependent child’’ means a natural or adopted

2 child or stepchild of a law enforcement officer who

3 at the time of the officer’s death—

4 (A) was no more than 21 years old; or

5 (B) if older than 21 years, was in fact de6 pendent on the child’s parents for at least one7 half of the child’s support (excluding edu8 cational expenses), as determined by the Direc9 tor.

10 ‘‘Director’’ means the Director of the Office of

11 the Police Corps and Law Enforcement Education

12 appointed under section 1124.

13 ‘‘educational expenses’’ means expenses that

14 are directly attributable to—

15 (A) a course of education leading to the

16 award of the baccalaureate degree in legal- or

17 criminal justice-related studies; or

18 (B) a course of graduate study legal or

19 criminal justice studies following award of a

20 baccalaureate degree,

21 including the cost of tuition, fees, books, supplies,

22 transportation, room and board and miscellaneous

23 expenses.

24 ‘‘institution of higher education’’ has the mean25 ing stated in the first sentence of section 1201(a) of
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•S 1488 PCS

1 the Higher Education Act of 1965 (20 U.S.C.

2 1141(a)).

3 ‘‘participant’’ means a participant in the Police

4 Corps program selected pursuant to section 306.

5 ‘‘State’’ means a State of the United States,

6 the District of Columbia, the Commonwealth of

7 Puerto Rico, the Virgin Islands, American Samoa,

8 Guam, and the Commonwealth of the Northern Mar9 iana Islands.

10 ‘‘State Police Corps program’’ means a State

11 police corps program that meets the requirements of

12 section 1130.

13 SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE

14 CORPS AND LAW ENFORCEMENT EDUCATION.

15 (a) ESTABLISHMENT.—There is established in the

16 Department of Justice, under the general authority of the

17 Attorney General, an Office of the Police Corps and Law

18 Enforcement Education.

19 (b) APPOINTMENT OF DIRECTOR.—The Office of the

20 Police Corps and Law Enforcement Education shall be

21 headed by a Director who shall be appointed by the Presi22 dent, by and with the advice and consent of the Senate.

23 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

24 shall be responsible for the administration of the Police

25 Corps program established by this chapter and shall have
225

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1 authority to promulgate regulations to implement this

2 chapter.

3 SEC. 1125. DESIGNATION OF LEAD AGENCY AND SUBMIS4 SION OF STATE PLAN.

5 (a) LEAD AGENCY.—A State that desires to partici6 pate in the Police Corps program under this chapter shall

7 designate a lead agency that will be responsible for—

8 (1) submitting to the Director a State plan de9 scribed in subsection (b); and

10 (2) administering the program in the State.

11 (b) STATE PLANS.—A State plan shall—

12 (1) contain assurances that the lead agency

13 shall work in cooperation with the local law enforce14 ment liaisons, representatives of police labor organi15 zations and police management organizations, and

16 other appropriate State and local agencies to develop

17 and implement interagency agreements designed to

18 carry out the program;

19 (2) contain assurances that the State shall ad20 vertise the assistance available under this chapter;

21 (3) contain assurances that the State shall

22 screen and select law enforcement personnel for par23 ticipation in the program; and

24 (4) meet the requirements of section 1130.
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1 SEC. 1126. SCHOLARSHIP ASSISTANCE.

2 (a) SCHOLARSHIPS AUTHORIZED.—(1) The Director

3 may award scholarships to participants who agree to work

4 in a State or local police force in accordance with agree5 ments entered into pursuant to subsection (d).

6 (2)(A) Except as provided in subparagraph (B), each

7 scholarship payment made under this section for each aca8 demic year shall not exceed—

9 (i) $7,500; or

10 (ii) the cost of the educational expenses related

11 to attending an institution of higher education.

12 (B) In the case of a participant who is pursuing a

13 course of educational study during substantially an entire

14 calendar year, the amount of scholarship payments made

15 during such year shall not exceed $10,000.

16 (C) The total amount of scholarship assistance re17 ceived by any one student under this section shall not ex18 ceed $30,000.

19 (3) Recipients of scholarship assistance under this

20 section shall continue to receive such scholarship payments

21 only during such periods as the Director finds that the

22 recipient is maintaining satisfactory progress as deter23 mined by the institution of higher education the recipient

24 is attending.
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1 (4)(A) The Director shall make scholarship payments

2 under this section directly to the institution of higher edu3 cation that the student is attending.

4 (B) Each institution of higher education receiving a

5 payment on behalf of a participant pursuant to subpara6 graph (A) shall remit to such student any funds in excess

7 of the costs of tuition, fees, and room and board payable

8 to the institution.

9 (b) REIMBURSEMENT AUTHORIZED.—(1) The Direc10 tor may make payments to a participant to reimburse such

11 participant for the costs of educational expenses if the stu12 dent agrees to work in a State or local police force in ac13 cordance with the agreement entered into pursuant to sub14 section (d).

15 (2)(A) Each payment made pursuant to paragraph

16 (1) for each academic year of study shall not exceed—

17 (i) $7,500; or

18 (ii) the cost of educational expenses related to

19 attending an institution of higher education.

20 (B) In the case of a participant who is pursuing a

21 course of educational study during substantially an entire

22 calendar year, the amount of scholarship payments made

23 during such year shall not exceed $10,000.
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1 (C) The total amount of payments made pursuant to

2 subparagraph (A) to any 1 student shall not exceed

3 $30,000.

4 (c) USE OF SCHOLARSHIP.—Scholarships awarded

5 under this subsection shall only be used to attend a 4-

6 year institution of higher education, except that—

7 (1) scholarships may be used for graduate and

8 professional study; and

9 (2) if a participant has enrolled in the program

10 upon or after transfer to a 4-year institution of

11 higher education, the Director may reimburse the

12 participant for the participant’s prior educational ex13 penses.

14 (d) AGREEMENT.—(1)(A) Each participant receiving

15 a scholarship or a payment under this section shall enter

16 into an agreement with the Director.

17 (B) An agreement under subparagraph (A) shall con18 tain assurances that the participant shall—

19 (i) after successful completion of a bacca20 laureate program and training as prescribed in sec21 tion 8, work for 4 years in a State or local police

22 force without there having arisen sufficient cause for

23 the participant’s dismissal under the rules applicable

24 to members of the police force of which the partici25 pant is a member;
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1 (ii) complete satisfactorily—

2 (I) an educational course of study and re3 ceipt of a baccalaureate degree (in the case of

4 undergraduate study) or the reward of credit to

5 the participant for having completed one or

6 more graduate courses (in the case of graduate

7 study); and

8 (II) Police Corps training and certification

9 by the Director that the participant has met

10 such performance standards as may be estab11 lished pursuant to section 1128; and

12 (iii) repay all of the scholarship or payment re13 ceived plus interest at the rate of 10 percent if the

14 conditions of clauses (i) and (ii) are not complied

15 with.

16 (2)(A) A recipient of a scholarship or payment under

17 this section shall not be considered to be in violation of

18 the agreement entered into pursuant to paragraph (1) if

19 the recipient—

20 (i) dies; or

21 (ii) becomes permanently and totally disabled as

22 established by the sworn affidavit of a qualified phy23 sician.

24 (B) If a scholarship recipient is unable to comply with

25 the repayment provision set forth in paragraph (1)(B)(ii)
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1 because of a physical or emotional disability or for good

2 cause as determined by the Director, the Director may

3 substitute community service in a form prescribed by the

4 Director for the required repayment.

5 (C) The Director shall expeditiously seek repayment

6 from a participant who violates an agreement described

7 in paragraph (1).

8 (e) DEPENDENT CHILD.—A dependent child of a law

9 enforcement officer—

10 (1) who is a member of a State or local police

11 force or is a Federal criminal investigator or uni12 formed police officer,

13 (2) who is not a participant in the Police Corps

14 program, but

15 (3) who serves in a State for which the Director

16 has approved a Police Corps plan, and

17 (4) who is killed in the course of performing po18 lice duties,

19 shall be entitled to the scholarship assistance authorized

20 in this section for any course of study in any accredited

21 institution of higher education. Such dependent child shall

22 not incur any repayment obligation in exchange for the

23 scholarship assistance provided in this section.

24 (f) APPLICATION.—Each participant desiring a schol25 arship or payment under this section shall submit an ap-
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1 plication as prescribed by the Director in such manner and

2 accompanied by such information as the Director may rea3 sonably require.

4 SEC. 1127. SELECTION OF PARTICIPANTS.

5 (a) IN GENERAL.—Participants in State Police Corps

6 programs shall be selected on a competitive basis by each

7 State under regulations prescribed by the Director.

8 (b) SELECTION CRITERIA AND QUALIFICATIONS.—

9 (1) In order to participate in a State Police Corps pro10 gram, a participant shall—

11 (A) be a citizen of the United States or an alien

12 lawfully admitted for permanent residence in the

13 United States;

14 (B) meet the requirements for admission as a

15 trainee of the State or local police force to which the

16 participant will be assigned pursuant to section

17 1130(c)(5), including achievement of satisfactory

18 scores on any applicable examination, except that

19 failure to meet the age requirement for a trainee of

20 the State or local police shall not disqualify the ap21 plicant if the applicant will be of sufficient age upon

22 completing an undergraduate course of study;

23 (C) possess the necessary mental and physical

24 capabilities and emotional characteristics to dis-
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1 charge effectively the duties of a law enforcement of2 ficer;

3 (D) be of good character and demonstrate sin4 cere motivation and dedication to law enforcement

5 and public service;

6 (E) in the case of an undergraduate, agree in

7 writing that the participant will complete an edu8 cational course of study leading to the award of a

9 baccalaureate degree and will then accept an ap10 pointment and complete 4 years of service as an offi11 cer in the State police or in a local police depart12 ment within the State;

13 (F) in the case of a participant desiring to un14 dertake or continue graduate study, agree in writing

15 that the participant will accept an appointment and

16 complete 4 years of service as an officer in the State

17 police or in a local police department within the

18 State before undertaking or continuing graduate

19 study;

20 (G) contract, with the consent of the partici21 pant’s parent or guardian if the participant is a

22 minor, to serve for 4 years as an officer in the State

23 police or in a local police department, if an appoint24 ment is offered; and
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1 (H) except as provided in paragraph (2), be

2 without previous law enforcement experience.

3 (2)(A) Until the date that is 5 years after the date

4 of enactment of this Act, up to 10 percent of the appli5 cants accepted into the Police Corps program may be per6 sons who—

7 (i) have had some law enforcement experience;

8 and

9 (ii) have demonstrated special leadership poten10 tial and dedication to law enforcement.

11 (B)(i) The prior period of law enforcement of a par12 ticipant selected pursuant to subparagraph (A) shall not

13 be counted toward satisfaction of the participant’s 4-year

14 service obligation under section 1129, and such a partici15 pant shall be subject to the same benefits and obligations

16 under this chapter as other participants, including those

17 stated in section (b)(1) (E) and (F).

18 (ii) Clause (i) shall not be construed to preclude

19 counting a participant’s previous period of law enforce20 ment experience for purposes other than satisfaction of the

21 requirements of section 9, such as for purposes of deter22 mining such a participant’s pay and other benefits, rank,

23 and tenure.

24 (3) It is the intent of this chapter that there shall

25 be no more than 20,000 participants in each graduating
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1 class. The Director shall approve State plans providing in

2 the aggregate for such enrollment of applicants as shall

3 assure, as nearly as possible, annual graduating classes

4 of 20,000. In a year in which applications are received

5 in a number greater than that which will produce, in the

6 judgment of the Director, a graduating class of more than

7 20,000, the Director shall, in deciding which applications

8 to grant, give preference to those who will be participating

9 in State plans that provide law enforcement personnel to

10 areas of greatest need.

11 (c) RECRUITMENT OF MINORITIES.—Each State par12 ticipating in the Police Corps program shall make special

13 efforts to seek and recruit applicants from among mem14 bers of all racial, ethnic or gender groups. This subsection

15 does not authorize an exception from the competitive

16 standards for admission established pursuant to sub17 sections (a) and (b).

18 (d) ENROLLMENT OF APPLICANT.—(1) An applicant

19 shall be accepted into a State Police Corps program on

20 the condition that the applicant will be matriculated in,

21 or accepted for admission at, a 4-year institution of higher

22 education—

23 (A) as a full-time student in an undergraduate

24 program; or

25 (B) for purposes of taking a graduate course.
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1 (2) If the applicant is not matriculated or accepted

2 as set forth in paragraph (1), the applicant’s acceptance

3 in the program shall be revoked.

4 (e) LEAVE OF ABSENCE.—(1) A participant in a

5 State Police Corps program who requests a leave of ab6 sence from educational study, training or service for a pe7 riod not to exceed 1 year (or 18 months in the aggregate

8 in the event of multiple requests) due to temporary phys9 ical or emotional disability shall be granted such leave of

10 absence by the State.

11 (2) A participant who requests a leave of absence

12 from educational study, training or service for a period

13 not to exceed 1 year (or 18 months in the aggregate in

14 the event of multiple requests) for any reason other than

15 those listed in paragraph (1) may be granted such leave

16 of absence by the State.

17 (3) A participant who requests a leave of absence

18 from educational study or training for a period not to ex19 ceed 30 months to serve on an official church mission may

20 be granted such leave of absence.

21 (f) ADMISSION OF APPLICANTS.—An applicant may

22 be admitted into a State Police Corps program either be23 fore commencement of or during the applicant’s course of

24 educational study.
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1 SEC. 1128. POLICE CORPS TRAINING.

2 (a) IN GENERAL.—(1) The Director shall establish

3 programs of training for Police Corps participants. Such

4 programs may be carried out at up to 3 training centers

5 established for this purpose and administered by the Di6 rector, or by contracting with existing State training facili7 ties. The Director shall contract with a State training fa8 cility upon request of such facility if the Director deter9 mines that such facility offers a course of training sub10 stantially equivalent to the Police Corps training program

11 described in this chapter.

12 (2) The Director may enter into contracts with indi13 viduals, institutions of learning, and government agencies

14 (including State and local police forces) to obtain the serv15 ices of persons qualified to participate in and contribute

16 to the training process.

17 (3) The Director may enter into agreements with

18 agencies of the Federal Government to utilize on a reim19 bursable basis space in Federal buildings and other re20 sources.

21 (4) The Director may authorize such expenditures as

22 are necessary for the effective maintenance of the training

23 centers, including purchases of supplies, uniforms, and

24 educational materials, and the provision of subsistence,

25 quarters, and medical care to participants.
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1 (b) TRAINING SESSIONS.—A participant in a State

2 Police Corps program shall attend two 8-week training

3 sessions at a training center, one during the summer fol4 lowing completion of sophomore year and one during the

5 summer following completion of junior year. If a partici6 pant enters the program after sophomore year, the partici7 pant shall complete 16 weeks of training at times deter8 mined by the Director.

9 (c) FURTHER TRAINING.—The 16 weeks of Police

10 Corps training authorized in this section is intended to

11 serve as basic law enforcement training but not to exclude

12 further training of participants by the State and local au13 thorities to which they will be assigned. Each State plan

14 approved by the Director under section 10 shall include

15 assurances that following completion of a participant’s

16 course of education each participant shall receive appro17 priate additional training by the State or local authority

18 to which the participant is assigned. The time spent by

19 a participant in such additional training, but not the time

20 spent in Police Corps training, shall be counted toward

21 fulfillment of the participant’s 4-year service obligation.

22 (d) COURSE OF TRAINING.—The training sessions at

23 training centers established under this section shall be de24 signed to provide basic law enforcement training, includ25 ing vigorous physical and mental training to teach partici-
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1 pants self-discipline and organizational loyalty and to im2 part knowledge and understanding of legal processes and

3 law enforcement.

4 (e) EVALUATION OF PARTICIPANTS.—A participant

5 shall be evaluated during training for mental, physical,

6 and emotional fitness, and shall be required to meet per7 formance standards prescribed by the Director at the con8 clusion of each training session in order to remain in the

9 Police Corps program.

10 (f) STIPEND.—The Director shall pay participants in

11 training sessions a stipend of $250 a week during training.

12 SEC. 1129. SERVICE OBLIGATION.

13 (a) SWEARING IN.—Upon satisfactory completion of

14 the participant’s course of education and training program

15 established in section 1128 and meeting the requirements

16 of the police force to which the participant is assigned,

17 a participant shall be sworn in as a member of the police

18 force to which the participant is assigned pursuant to the

19 State Police Corps plan, and shall serve for 4 years as

20 a member of that police force.

21 (b) RIGHTS AND RESPONSIBILITIES.—A participant

22 shall have all of the rights and responsibilities of and shall

23 be subject to all rules and regulations applicable to other

24 members of the police force of which the participant is

25 a member, including those contained in applicable agree-
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1 ments with labor organizations and those provided by

2 State and local law.

3 (c) DISCIPLINE.—If the police force of which the par4 ticipant is a member subjects the participant to discipline

5 such as would preclude the participant’s completing 4

6 years of service, and result in denial of educational assist7 ance under section 1126, the Director may, upon a show8 ing of good cause, permit the participant to complete the

9 service obligation in an equivalent alternative law enforce10 ment service and, if such service is satisfactorily com11 pleted, section 1126(d)(1)(B)(iii) shall not apply.

12 (d) LAYOFFS.—If the police force of which the partic13 ipant is a member lays off the participant such as would

14 preclude the participant’s completing 4 years of service,

15 and result in denial of educational assistance under sec16 tion 1126, the Director may permit the participant to

17 complete the service obligation in an equivalent alternative

18 law enforcement service and, if such service is satisfac19 torily completed, section 1126(d)(1)(B)(iii) shall not

20 apply.

21 SEC. 1130. STATE PLAN REQUIREMENTS.

22 A State Police Corps plan shall—

23 (1) provide for the screening and selection of

24 participants in accordance with the criteria set out

25 in section 1127;
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1 (2) state procedures governing the assignment

2 of participants in the Police Corps program to State

3 and local police forces (no more than 10 percent of

4 all the participants assigned in each year by each

5 State to be assigned to a statewide police force or

6 forces);

7 (3) provide that participants shall be assigned

8 to those geographic areas in which—

9 (A) there is the greatest need for addi10 tional law enforcement personnel; and

11 (B) the participants will be used most ef12 fectively;

13 (4) provide that to the extent consistent with

14 paragraph (3), a participant shall be assigned to an

15 area near the participant’s home or such other place

16 as the participant may request;

17 (5) provide that to the extent feasible, a partici18 pant’s assignment shall be made at the time the par19 ticipant is accepted into the program, subject to

20 change—

21 (A) prior to commencement of a partici22 pant’s fourth year of undergraduate study,

23 under such circumstances as the plan may

24 specify; and
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1 (B) from commencement of a participant’s

2 fourth year of undergraduate study until com3 pletion of 4 years of police service by partici4 pant, only for compelling reasons or to meet the

5 needs of the State Police Corps program and

6 only with the consent of the participant;

7 (6) provide that no participant shall be assigned

8 to serve with a local police force—

9 (A) whose size has declined by more than

10 5 percent since June 21, 1989; or

11 (B) which has members who have been laid

12 off but not retired;

13 (7) provide that participants shall be placed and

14 to the extent feasible kept on community and pre15 ventive patrol;

16 (8) ensure that participants will receive effec17 tive training and leadership;

18 (9) provide that the State may decline to offer

19 a participant an appointment following completion of

20 Federal training, or may remove a participant from

21 the Police Corps program at any time, only for good

22 cause (including failure to make satisfactory

23 progress in a course of educational study) and after

24 following reasonable review procedures stated in the

25 plan; and
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1 (10) provide that a participant shall, while serv2 ing as a member of a police force, be compensated

3 at the same rate of pay and benefits and enjoy the

4 same rights under applicable agreements with labor

5 organizations and under State and local law as other

6 police officers of the same rank and tenure in the

7 police force of which the participant is a member.

8 SEC. 1131. ASSISTANCE TO STATES AND LOCALITIES EM9 PLOYING POLICE CORPS OFFICERS.

10 Each jurisdiction directly employing Police Corps

11 participants during the 4-year term of service prescribed

12 by section 1129 shall receive $10,000 on account of each

13 such participant at the completion of each such year of

14 service, but—

15 (1) no such payment shall be made on account

16 of service in any State or local police force—

17 (A) whose average size, in the year for

18 which payment is to be made, not counting Po19 lice Corps participants assigned under section

20 106, has declined more than 2 percent since

21 January 1, 1993; or

22 (B) which has members who have been laid

23 off but not retired; and

24 (2) no such payment shall be made on account

25 of any Police Corps participant for years of service
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1 after the completion of the term of service prescribed

2 in section 1129.

3 SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to carry out

5 this chapter—

6 (1) $100,000,000 for each of fiscal years 1995

7 and 1996; and

8 (2) such sums as are necessary for each of fis9 cal years 1997, 1998, and 1999.

10 SEC. 1133. REPORTS TO CONGRESS.

11 (a) IN GENERAL.—Not later than April 1 of each

12 year, the Director shall submit a report to the Attorney

13 General, the President, the Speaker of the House of Rep14 resentatives, and the President of the Senate.

15 (b) CONTENTS.—A report under subsection (a)

16 shall—

17 (1) state the number of current and past par18 ticipants in the Police Corps program, broken down

19 according to the levels of educational study in which

20 they are engaged and years of service they have

21 served on police forces (including service following

22 completion of the 4-year service obligation);

23 (2) describe the geographic, racial, and gender

24 dispersion of participants in the Police Corps pro25 gram; and
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1 (3) describe the progress of the Police Corps

2 program and make recommendations for changes in

3 the program.

4 CHAPTER 2—LAW ENFORCEMENT

5 SCHOLARSHIP PROGRAM

6 SEC. 1141. SHORT TITLE.

7 This chapter may be cited as the ‘‘Law Enforcement

8 Scholarships and Recruitment Act’’.

9 SEC. 1142. DEFINITIONS.

10 In this chapter—

11 ‘‘Director’’ means the Director of the Bureau of

12 Justice Assistance.

13 ‘‘educational expenses’’ means expenses that

14 are directly attributable to—

15 (A) a course of education leading to the

16 award of an associate degree;

17 (B) a course of education leading to the

18 award of a baccalaureate degree; or

19 (C) a course of graduate study following

20 award of a baccalaureate degree,

21 including the cost of tuition, fees, books, supplies,

22 and related expenses.

23 ‘‘institution of higher education’’ has the meaning

24 stated in the first sentence of section 1201(a) of the

25 Higher Education Act of 1965 (20 U.S.C. 1141(a)).
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1 ‘‘law enforcement position’’ means employment

2 as an officer in a State or local police force, or cor3 rectional institution.

4 ‘‘State’’ means a State of the United States,

5 the District of Columbia, the Commonwealth of

6 Puerto Rico, the Virgin Islands of the United States,

7 American Samoa, Guam, and the Commonwealth of

8 the Northern Mariana Islands.

9 SEC. 1143. ALLOTMENT.

10 From amounts appropriated under section 1150, the

11 Director shall allot—

12 (1) 80 percent of such amounts to States on

13 the basis of the number of law enforcement officers

14 in each State compared to the number of law en15 forcement officers in all States; and

16 (2) 20 percent of such amounts to States on

17 the basis of the shortage of law enforcement person18 nel and the need for assistance under this title in

19 the State compared to the shortage of law enforce20 ment personnel and the need for assistance under

21 this title in all States.

22 SEC. 1144. ESTABLISHMENT OF PROGRAM.

23 (a) USE OF ALLOTMENT.—
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1 (1) IN GENERAL.—A State that receives an al2 lotment pursuant to section 1143 shall use the allot3 ment to pay the Federal share of the costs of—

4 (A) awarding scholarships to in-service law

5 enforcement personnel to enable such personnel

6 to seek further education; and

7 (B) providing—

8 (i) full-time employment in summer;

9 or

10 (ii) part-time (not to exceed 20 hours

11 per week) employment for a period not to

12 exceed 1 year.

13 (2) EMPLOYMENT.—The employment described

14 in paragraph (1)(B)—

15 (A) shall be provided by State and local

16 law enforcement agencies for students who are

17 juniors or seniors in high school or are enrolled

18 in an institution of higher education and who

19 demonstrate an interest in undertaking a career

20 in law enforcement;

21 (B) shall not be in a law enforcement posi22 tion; and

23 (C) shall consist of performing meaningful

24 tasks that inform students of the nature of the

25 tasks performed by law enforcement agencies.
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1 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

2 SHARE.—

3 (1) PAYMENTS.—The Secretary shall pay to

4 each State that receives an allotment under section

5 1143 the Federal share of the cost of the activities

6 described in the application submitted pursuant to

7 section 1147.

8 (2) FEDERAL SHARE.—The Federal share shall

9 not exceed 60 percent.

10 (3) NON-FEDERAL SHARE.—The non-Federal

11 share of the cost of scholarships and student em12 ployment provided under this chapter shall be sup13 plied from sources other than the Federal Govern14 ment.

15 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

16 shall be responsible for the administration of the programs

17 conducted pursuant to this title and shall, in consultation

18 with the Assistant Secretary for Postsecondary Education,

19 issue rules to implement this title.

20 (d) ADMINISTRATIVE EXPENSES.—A State that re21 ceives an allotment under section 1143 may reserve not

22 more than 8 percent of the allotment for administrative

23 expenses.

24 (e) SPECIAL RULE.—A State that receives an allot25 ment under section 1143 shall ensure that each scholar-
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1 ship recipient under this title be compensated at the same

2 rate of pay and benefits and enjoy the same rights under

3 applicable agreements with labor organizations and under

4 State and local law as other law enforcement personnel

5 of the same rank and tenure in the office of which the

6 scholarship recipient is a member.

7 (f) SUPPLEMENTATION OF FUNDING.—Funds re8 ceived under this chapter shall only be used to supplement,

9 and not to supplant, Federal, State, or local efforts for

10 recruitment and education of law enforcement personnel.

11 SEC. 1145. SCHOLARSHIPS.

12 (a) PERIOD OF AWARD.—Scholarships awarded

13 under this chapter shall be for a period of 1 academic

14 year.

15 (b) USE OF SCHOLARSHIPS.—Each individual award16 ed a scholarship under this chapter may use the scholar17 ship for educational expenses at an institution of higher

18 education.

19 SEC. 1146. ELIGIBILITY.

20 (a) SCHOLARSHIPS.—A person shall be eligible to re21 ceive a scholarship under this chapter if the person has

22 been employed in law enforcement for the 2-year period

23 immediately preceding the date on which assistance is

24 sought.
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1 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A

2 person who has been employed as a law enforcement offi3 cer is ineligible to participate in a student employment

4 program carried out under this chapter.

5 SEC. 1147. STATE APPLICATION.

6 (a) IN GENERAL.—Each State desiring an allotment

7 under section 1143 shall submit an application to the Di8 rector at such time, in such manner, and accompanied by

9 such information as the Director may reasonably require.

10 (b) CONTENTS.—An application under subsection (a)

11 shall—

12 (1) describe the scholarship program and the

13 student employment program for which assistance

14 under this title is sought;

15 (2) contain assurances that the lead agency will

16 work in cooperation with the local law enforcement

17 liaisons, representatives of police labor organizations

18 and police management organizations, and other ap19 propriate State and local agencies to develop and im20 plement interagency agreements designed to carry

21 out this chapter;

22 (3) contain assurances that the State will ad23 vertise the scholarship assistance and student em24 ployment it will provide under this chapter and that
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1 the State will use such programs to enhance recruit2 ment efforts;

3 (4) contain assurances that the State will

4 screen and select law enforcement personnel for par5 ticipation in the scholarship program under this

6 chapter;

7 (5) contain assurances that under such student

8 employment program the State will screen and se9 lect, for participation in such program, students who

10 have an interest in undertaking a career in law en11 forcement;

12 (6) contain assurances that under such scholar13 ship program the State will make scholarship pay14 ments to institutions of higher education on behalf

15 of persons who receive scholarships under this chap16 ter;

17 (7) with respect to such student employment

18 program, identify—

19 (A) the employment tasks that students

20 will be assigned to perform;

21 (B) the compensation that students will be

22 paid to perform such tasks; and

23 (C) the training that students will receive

24 as part of their participation in the program;
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1 (8) identify model curriculum and existing pro2 grams designed to meet the educational and profes3 sional needs of law enforcement personnel; and

4 (9) contain assurances that the State will pro5 mote cooperative agreements with educational and

6 law enforcement agencies to enhance law enforce7 ment personnel recruitment efforts in institutions of

8 higher education.

9 SEC. 1148. LOCAL APPLICATION.

10 (a) IN GENERAL.—A person who desires a scholar11 ship or employment under this chapter shall submit an

12 application to the State at such time, in such manner, and

13 accompanied by such information as the State may rea14 sonably require.

15 (b) CONTENTS.—An application under subsection (a)

16 shall describe—

17 (1) the academic courses for which a scholar18 ship is sought; or

19 (2) the location and duration of employment

20 that is sought.

21 (c) PRIORITY.—In awarding scholarships and provid22 ing student employment under this chapter, each State

23 shall give priority to applications from persons who are—

24 (1) members of racial, ethnic, or gender groups

25 whose representation in the law enforcement agen-
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1 cies within the State is substantially less than in the

2 population eligible for employment in law enforce3 ment in the State;

4 (2) pursuing an undergraduate degree; and

5 (3) not receiving financial assistance under the

6 Higher Education Act of 1965.

7 SEC. 1149. SCHOLARSHIP AGREEMENT.

8 (a) IN GENERAL.—A person who receives a scholar9 ship under this chapter shall enter into an agreement with

10 the Director.

11 (b) CONTENTS.—An agreement described in sub12 section (a) shall—

13 (1) provide assurances that the scholarship re14 cipient will work in a law enforcement position in

15 the State that awarded the scholarship in accord16 ance with the service obligation described in sub17 section (c) after completion of the scholarship recipi18 ent’s academic courses leading to an associate, bach19 elor, or graduate degree;

20 (2) provide assurances that the scholarship re21 cipient will repay the entire scholarship in accord22 ance with such terms and conditions as the Director

23 shall prescribe if the requirements of the agreement

24 are not complied with, unless the scholarship recipi25 ent—
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1 (A) dies;

2 (B) becomes physically or emotionally dis3 abled, as established by the sworn affidavit of

4 a qualified physician; or

5 (C) has been discharged in bankruptcy;

6 and

7 (3) set forth the terms and conditions under

8 which the scholarship recipient may seek employ9 ment in the field of law enforcement in a State other

10 than the State that awarded the scholarship.

11 (c) SERVICE OBLIGATION.—

12 (1) IN GENERAL.— Except as provided in para13 graph (2), a person who receives a scholarship under

14 this title shall work in a law enforcement position in

15 the State that awarded the scholarship for a period

16 of 1 month for each credit hour for which funds are

17 received under the scholarship.

18 (2) SPECIAL RULE.—For purposes of satisfying

19 the requirement of paragraph (1), a scholarship re20 cipient shall work in a law enforcement position in

21 the State that awarded the scholarship for not less

22 than 6 months but shall not be required to work in

23 such a position for more than 2 years.
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1 SEC. 1150. AUTHORIZATION OF APPROPRIATIONS.

2 (a) GENERAL AUTHORIZATION OF APPROPRIA3 TIONS.—There are authorized to be appropriated to carry

4 out this chapter $30,000,000 for each of fiscal years 1995,

5 1996, 1997, 1998, and 1999.

6 (b) USES OF FUNDS.—Of the funds appropriated

7 under subsection (a) for a fiscal year—

8 (1) 80 percent shall be available to provide

9 scholarships described in section 1144(a)(1)(A); and

10 (2) 20 percent shall be available to provide em11 ployment described in sections 1144(a)(1)(B) and

12 1144(a)(2).

13 Subtitle D—Study Rights of Police

14 Officers

15 SEC. 1161. STUDY ON OFFICERS’ RIGHTS.

16 The Attorney General, through the National Institute

17 of Justice, shall conduct a study of the procedures followed

18 in internal, noncriminal investigations of State and local

19 law enforcement officers to determine if such investiga20 tions are conducted fairly and effectively. The study shall

21 examine the adequacy of the rights available to law en22 forcement officers and members of the public in cases in23 volving the performance of a law enforcement officer, in24 cluding—

25 (1) notice;

26 (2) conduct of questioning;
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1 (3) counsel;

2 (4) hearings;

3 (5) appeal; and

4 (6) sanctions.

5 Not later than 1 year after the date of enactment of this

6 Act, the Attorney General shall submit to the Congress

7 a report on the results of the study, along with findings

8 and recommendations on strategies to guarantee fair and

9 effective internal affairs investigations.

10 TITLE XII—DRUG COURT

11 PROGRAMS

12 SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.

13 (a) APPLICATION.—The Attorney General may estab14 lish a unified or coordinated process for applying for

15 grants under this title. In addition to any other require16 ments that may be specified by the Attorney General, an

17 application for a grant under any provision of this title

18 shall—

19 (1) include a long-term strategy and detailed

20 implementation plan;

21 (2) explain the applicant’s inability to fund the

22 program adequately without Federal assistance;

23 (3) certify that the Federal support provided

24 will be used to supplement, and not supplant, State
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1 and local sources of funding that would otherwise be

2 available;

3 (4) identify related governmental and commu4 nity initiatives which complement or will be coordi5 nated with the proposal;

6 (5) certify that there has been appropriate co7 ordination with all affected agencies; and

8 (6) specify plans for obtaining necessary sup9 port and continuing the proposed program following

10 the conclusion of Federal support.

11 (b) REGULATORY AUTHORITY.—The Attorney Gen12 eral may issue regulations and guidelines to carry out the

13 programs authorized by this title, including specifications

14 concerning application requirements, selection criteria, du15 ration and renewal of grants, evaluation requirements,

16 matching funds, limitation of administrative expenses,

17 submission of reports by grantees, recordkeeping by grant18 ees, and access to books, records, and documents main19 tained by grantees or other persons for purposes of audit

20 or examination.

21 (c) TECHNICAL ASSISTANCE AND EVALUATION.—

22 The Attorney General may provide technical assistance to

23 grantees under the programs authorized by this title. The

24 Attorney General may carry out, or arrange by grant or

25 contract or otherwise for the carrying out of, evaluations
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1 of programs receiving assistance under the programs au2 thorized by this title, in addition to any evaluations that

3 grantees may be required to carry out pursuant to sub4 section (b).

5 (d) USE OF COMPONENTS.—The Attorney General

6 may utilize any component or components of the Depart7 ment of Justice in carrying out this section or other provi8 sions of this title, or in coordinating activities under the

9 programs authorized by this title.

10 SEC. 1202. DRUG TESTING UPON ARREST.

11 (a) IN GENERAL.—Title I of the Omnibus Crime

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

13 et seq.), as amended by section 1101(a), is amended—

14 (1) by redesignating part T as part U;

15 (2) by redesignating section 2001 as section

16 2101; and

17 (3) by inserting after part S the following new

18 part:

19 ‘‘PART T—DRUG TESTING UPON ARREST

20 ‘‘SEC. 2001. GRANT AUTHORIZATION.

21 ‘‘The Director of the Bureau of Justice Assistance

22 may make grants under this part to States, for the use

23 by States and units of local government in the States, for

24 the purpose of developing, implementing, or continuing a
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1 drug testing project when individuals are arrested and

2 during the pretrial period.

3 ‘‘SEC. 2002. STATE APPLICATIONS.

4 ‘‘(a) GENERAL REQUIREMENTS.—To request a grant

5 under this part the chief executive of a State shall submit

6 an application to the Director in such form and containing

7 such information as the Director may reasonably require.

8 ‘‘(b) MANDATORY ASSURANCES.—To be eligible to

9 receive funds under this part, a State shall agree to de10 velop or maintain programs of urinalysis or similar drug

11 testing of individuals upon arrest and on a regular basis

12 pending trial for the purpose of making pretrial detention

13 decisions.

14 ‘‘(c) CENTRAL OFFICE.—The office designated under

15 section 507—

16 ‘‘(1) shall prepare the application as required

17 under subsection (a); and

18 ‘‘(2) shall administer grant funds received

19 under this part, including, review of spending, proc20 essing, progress, financial reporting, technical assist21 ance, grant adjustments, accounting, auditing, and

22 fund disbursement.

23 ‘‘SEC. 2003. LOCAL APPLICATIONS.

24 ‘‘(a) IN GENERAL.—(1) To request funds under this

25 part from a State, the chief executive of a unit of local
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1 government shall submit an application to the office des2 ignated under section 2002(c).

3 ‘‘(2) An application under paragraph (1) shall be con4 sidered approved, in whole or in part, by the State not

5 later than 90 days after such application is first received

6 unless the State informs the applicant in writing of spe7 cific reasons for disapproval.

8 ‘‘(3) The State shall not disapprove any application

9 submitted to the State without first affording the appli10 cant reasonable notice and an opportunity for reconsider11 ation.

12 ‘‘(4) If such application is approved, the unit of local

13 government is eligible to receive such funds.

14 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN15 MENT.—A State that receives funds under section 2001

16 in a fiscal year shall make such funds available to units

17 of local government with an application that has been sub18 mitted and approved by the State within 90 days after

19 the Bureau has approved the application submitted by the

20 State and has made funds available to the State. The Di21 rector shall have the authority to waive the 90-day re22 quirement in this section upon a finding that the State

23 is unable to satisfy such requirement under State statutes.
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1 ‘‘SEC. 2004. ALLOCATION AND DISTRIBUTION OF FUNDS.

2 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap3 propriated under this part in any fiscal year—

4 ‘‘(1) 0.4 percent shall be allocated to each of

5 the participating States; and

6 ‘‘(2) of the total funds remaining after the allo7 cation under paragraph (1), there shall be allocated

8 to each of the participating States an amount which

9 bears the same ratio to the amount of remaining

10 funds described in this paragraph as the number of

11 individuals arrested in such State bears to the num12 ber of individuals arrested in all the participating

13 States.

14 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re15 ceives funds under this part in a fiscal year shall distribute

16 to units of local government in such State the portion of

17 such funds that bears the same ratio to the aggregate

18 amount of such funds as the amount of funds expended

19 by all units of local government for criminal justice in the

20 preceding fiscal year bears to the aggregate amount of

21 funds expended by the State and all units of local govern22 ment in the State for criminal justice in the preceding fis23 cal year.

24 ‘‘(2) Any funds not distributed to units of local gov25 ernment under paragraph (1) shall be available for ex-
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1 penditure by such State for purposes specified in such

2 State’s application.

3 ‘‘(3) If the Director determines, on the basis of infor4 mation available during any fiscal year, that a portion of

5 the funds allocated to a State for such fiscal year will not

6 be used by such State or that a State is not eligible to

7 receive funds under section 2001, the Director shall award

8 such funds to units of local government in such State giv9 ing priority to the units of local government that the Di10 rector considers to have the greatest need.

11 ‘‘(c) FEDERAL SHARE.—The Federal share of a

12 grant made under this part may not exceed 75 percent

13 of the total costs of the projects described in the applica14 tion submitted under section 2002 for the fiscal year for

15 which the projects receive assistance under this part.

16 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director

17 shall attempt, to the extent practicable, to achieve an equi18 table geographic distribution of grant awards.

19 ‘‘SEC. 2005. REPORT.

20 ‘‘A State or unit of local government that receives

21 funds under this part shall submit to the Director a report

22 in March of each fiscal year that funds are received under

23 this part regarding the effectiveness of the drug testing

24 project.’’.
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1 (b) TECHNICAL AMENDMENT.—The table of contents

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

3 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec4 tion 1101(b), is amended by striking the matter relating

5 to part T and inserting the following:

‘‘PART T—DRUG TESTING UPON ARREST

‘‘Sec. 2001. Grant authorization.

‘‘Sec. 2002. State applications.

‘‘Sec. 2003. Local applications.

‘‘Sec. 2004. Allocation and distribution of funds.

‘‘Sec. 2005. Report.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

7 1001(a) of the Omnibus Crime Control and Safe Streets

8 Act of 1968 (42 U.S.C. 3793), as amended by section

9 1101(c), is amended—

10 (1) in paragraph (3) by striking ‘‘and S’’ and

11 inserting ‘‘S, and T’’; and

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

13 paragraph:

14 ‘‘(14) There are authorized to be appropriated to

15 carry out the projects under part T $100,000,000 for each

16 of fiscal years 1995, 1996, and 1997.’’.
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1 SEC. 1203. CERTAINTY OF PUNISHMENT FOR YOUNG OF2 FENDERS.

3 (a) IN GENERAL.—Title I of the Omnibus Crime

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

5 et seq.), as amended by section 1202(a), is amended—

6 (1) by redesignating part U as part V;

7 (2) by redesignating section 2101 as section

8 2201; and

9 (3) by inserting after part T the following new

10 part:

11 ‘‘PART U—ALTERNATIVE PUNISHMENTS FOR

12 YOUNG OFFENDERS

13 ‘‘SEC. 2101. GRANT AUTHORIZATION.

14 ‘‘(a) IN GENERAL.—The Director of the Bureau of

15 Justice Assistance (referred to in this part as the ‘Direc16 tor’) may make grants under this part to States, for the

17 use by States and units of local government in the States,

18 for the purpose of developing alternative methods of pun19 ishment for young offenders to traditional forms of incar20 ceration and probation.

21 ‘‘(b) ALTERNATIVE METHODS.—The alternative

22 methods of punishment referred to in subsection (a)

23 should ensure certainty of punishment for young offenders

24 and promote reduced recidivism, crime prevention, and as25 sistance to victims, particularly for young offenders who
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1 can be punished more effectively in an environment other

2 than a traditional correctional facility, including—

3 ‘‘(1) alternative sanctions that create account4 ability and certainty of punishment for young of5 fenders;

6 ‘‘(2) boot camp prison programs;

7 ‘‘(3) technical training and support for the im8 plementation and maintenance of State and local

9 restitution programs for young offenders;

10 ‘‘(4) innovative projects;

11 ‘‘(5) correctional options, such as community12 based incarceration, weekend incarceration, and elec13 tric monitoring of offenders;

14 ‘‘(6) community service programs that provide

15 work service placement for young offenders at non16 profit, private organizations and community organi17 zations;

18 ‘‘(7) demonstration restitution projects that are

19 evaluated for effectiveness; and

20 ‘‘(8) innovative methods that address the prob21 lems of young offenders convicted of serious sub22 stance abuse, including alcohol abuse, and gang-re23 lated offenses, including technical assistance and

24 training to counsel and treat such offenders.
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1 ‘‘SEC. 2102. STATE APPLICATIONS.

2 ‘‘(a) IN GENERAL.—To request a grant under this

3 part, the chief executive of a State shall submit an applica4 tion to the Director in such form and containing such in5 formation as the Director may reasonably require.

6 ‘‘(b) ASSURANCES.—An application under subsection

7 (a) shall include assurances that Federal funds received

8 under this part shall be used to supplement, not supplant,

9 non-Federal funds that would otherwise be available for

10 activities funded under this part.

11 ‘‘(c) STATE OFFICE.—The office designated under

12 section 507 shall—

13 ‘‘(1) prepare the application as required under

14 subsection (a); and

15 ‘‘(2) administer grant funds received under this

16 part, including review of spending, processing,

17 progress, financial reporting, technical assistance,

18 grant adjustments, accounting, auditing, and fund

19 disbursement.

20 ‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.

21 ‘‘(a) IN GENERAL.—The Director shall make a grant

22 under section 2101(a) to carry out the projects described

23 in the application submitted by an applicant under section

24 2102 upon determining that—

25 ‘‘(1) the application is consistent with the re26 quirements of this part; and
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1 ‘‘(2) before the approval of the application, the

2 Director has made an affirmative finding in writing

3 that the proposed project has been reviewed in ac4 cordance with this part.

5 ‘‘(b) APPROVAL.—An application submitted under

6 section 2102 shall be considered approved, in whole or in

7 part, by the Director not later than 45 days after it is

8 first received unless the Director informs the applicant of

9 specific reasons for disapproval.

10 ‘‘(c) RESTRICTION.—Grant funds received under this

11 part shall not be used for land acquisition or construction

12 projects other than alternative facilities described in sec13 tion 2102(b) for young offenders.

14 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER15 ATION.—The Director shall not disapprove any application

16 without first affording the applicant reasonable notice and

17 an opportunity for reconsideration.

18 ‘‘SEC. 2104. LOCAL APPLICATIONS.

19 ‘‘(a) IN GENERAL.—To request funds under this part

20 from a State, the chief executive of a unit of local govern21 ment shall submit an application to the office designated

22 under section 507.

23 ‘‘(b) APPROVAL.—An application under paragraph

24 (1) shall be considered approved, in whole or in part, by

25 the State not later than 45 days after the application is
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1 first received unless the State informs the applicant in

2 writing of specific reasons for disapproval.

3 ‘‘(c) DISAPPROVAL.—The State shall not disapprove

4 any application submitted to the State without first af5 fording the applicant reasonable notice and an opportunity

6 for reconsideration.

7 ‘‘(d) EFFECT OF APPROVAL.—If an application

8 under paragraph (1) is approved, the unit of local govern9 ment is eligible to receive the requested funds.

10 ‘‘(e) DISTRIBUTION TO UNITS OF LOCAL GOVERN11 MENT.—

12 ‘‘(1) IN GENERAL.—A State that receives funds

13 under section 2101 in a fiscal year shall make such

14 funds available to units of local government with an

15 application that has been submitted and approved by

16 the State within 45 days after the Director has ap17 proved the application submitted by the State and

18 has made funds available to the State.

19 ‘‘(2) WAIVER.—The Director may waive the 45-

20 day requirement of paragraph (1) upon a finding

21 that the State is unable to satisfy the requirement

22 under State statutes.

23 ‘‘SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.

24 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap25 propriated under this part in any fiscal year—
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1 ‘‘(1) 0.4 percent shall be allocated to each of

2 the participating States; and

3 ‘‘(2) of the total funds remaining after the allo4 cation under paragraph (1), there shall be allocated

5 to each of the participating States an amount that

6 bears the same ratio to the amount of remaining

7 funds described in this paragraph as the number of

8 young offenders of the State bears to the number of

9 young offenders in all the participating States.

10 ‘‘(b) LOCAL DISTRIBUTION.—

11 ‘‘(1) IN GENERAL.—A State that receives funds

12 under this part in a fiscal year shall distribute to

13 units of local government in the State for the pur14 poses specified in section 2101 the portion of such

15 funds that bears the same ratio to the aggregate

16 amount of such funds as the amount of funds ex17 pended by all units of local government for criminal

18 justice in the preceding fiscal year bears to the ag19 gregate amount of funds expended by the State and

20 all units of local government in the State for crimi21 nal justice in such preceding fiscal year.

22 ‘‘(2) UNDISTRIBUTED FUNDS.—Any funds not

23 distributed to units of local government under para24 graph (1) shall be available for expenditure by the

25 State for purposes specified in section 2101.
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1 ‘‘(3) AWARD OF FUNDS BY THE DIRECTOR.—If

2 the Director determines, on the basis of information

3 available during any fiscal year, that a portion of the

4 funds allocated to a State for a fiscal year will not

5 be used by the State or that a State is not eligible

6 to receive funds under section 2101, the Director

7 shall award such funds to units of local government

8 in the State, giving priority to the units of local gov9 ernment that the Director considers to have the

10 greatest need.

11 ‘‘(c) FEDERAL SHARE.—The Federal share of a

12 grant made under this part may not exceed 75 percent

13 of the total costs of the projects described in the applica14 tion submitted under section 2102(a) for the fiscal year

15 for which the projects receive assistance under this part.

16 ‘‘SEC. 2106. EVALUATION.

17 ‘‘(a) SUBMISSION.—

18 ‘‘(1) IN GENERAL.—Each State and local unit

19 of government that receives a grant under this part

20 shall submit to the Director an evaluation not later

21 than March 1 of each year in accordance with guide22 lines issued by the Director and in consultation with

23 the National Institute of Justice.

24 ‘‘(2) WAIVER.—The Director may waive the re25 quirement specified in paragraph (1) if the Director
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1 determines that an evaluation is not warranted in

2 the case of a particular State or unit of local govern3 ment.

4 ‘‘(b) DISTRIBUTION.—The Director shall make avail5 able to the public on a timely basis evaluations received

6 under subsection (a).

7 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local

8 unit of government may use not more than 5 percent of

9 funds it receives under this part to develop an evaluation

10 program under this section.’’.

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

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

13 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec14 tion 1202(b), is amended by striking the matter relating

15 to part U and inserting the following:

‘‘PART U—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 2101. Grant authorization.

‘‘Sec. 2102. State applications.

‘‘Sec. 2103. Review of State applications.

‘‘Sec. 2104. Local applications.

‘‘Sec. 2105. Allocation and distribution of funds.

‘‘Sec. 2106. Evaluation.

‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.

16 (c) DEFINITION.—Section 901(a) of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3791(a)) is amended by adding at the end the following

19 new paragraph:
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1 ‘‘(24) ‘young offender’ means an individual 28

2 years of age or younger.’’.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1001(a) of title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3793), as amended by sec6 tion 1202(c), is amended—

7 (1) in paragraph (3) by striking ‘‘and T’’ and

8 inserting ‘‘T, and U’’; and

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

10 paragraph:

11 ‘‘(15) There are authorized to be appropriated to

12 carry out the projects under part U $200,000,000 for each

13 of fiscal years 1995, 1996, and 1997.’’.

14 SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

15 FOR PRISONERS.

16 (a) IN GENERAL.—Title I of the Omnibus Crime

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

18 et seq.), as amended by section 1203(a), is amended—

19 (1) by redesignating part V as part W;

20 (2) by redesignating section 2201 as section

21 2301; and

22 (3) by inserting after part U the following new

23 part:
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1 ‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE

2 TREATMENT FOR PRISONERS

3 ‘‘SEC. 2201. GRANT AUTHORIZATION.

4 ‘‘The Director of the Bureau of Justice Assistance

5 (referred to in this part as the ‘Director’) may make

6 grants under this part to States, for the use by States

7 for the purpose of developing and implementing residential

8 substance abuse treatment programs within State correc9 tional facilities.

10 ‘‘SEC. 2202. 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 ‘‘(3) Such application shall coordinate the design and

20 implementation of treatment programs between State cor21 rectional representatives and the State alcohol and drug

22 abuse agency.

23 ‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible

24 to receive funds under this part, a State must agree to

25 implement or continue to require urinalysis or similar test26 ing of individuals in correctional residential substance
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1 abuse treatment programs. Such testing shall include indi2 viduals released from residential substance abuse treat3 ment programs who remain in the custody of the State.

4 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

5 CARE COMPONENT.—

6 ‘‘(1) To be eligible for a preference under this

7 part, a State must ensure that individuals who par8 ticipate in the drug treatment program established

9 or implemented with assistance provided under this

10 part will be provided with aftercare services.

11 ‘‘(2) State aftercare services must involve the

12 coordination of the prison treatment program with

13 other human service and rehabilitation programs,

14 such as educational and job training programs, pa15 role supervision programs, half-way house programs,

16 and participation in self-help and peer group pro17 grams, that may aid in the rehabilitation of individ18 uals in the drug treatment program.

19 ‘‘(3) To qualify as an aftercare program, the

20 head of the drug treatment program, in conjunction

21 with State and local authorities and organizations

22 involved in drug treatment, shall assist in placement

23 of drug treatment program participants with appro24 priate community drug treatment facilities when
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1 such individuals leave prison at the end of a sen2 tence or on parole.

3 ‘‘(d) STATE OFFICE.—The office designated under

4 section 507—

5 ‘‘(1) shall prepare the application as required

6 under this section; 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. 2203. REVIEW OF STATE APPLICATIONS.

13 ‘‘(a) IN GENERAL.—The Bureau shall make a grant

14 under section 2201 to carry out the projects described in

15 the application submitted under section 2202 upon deter16 mining that—

17 ‘‘(1) the application is consistent with the re18 quirements of this part; and

19 ‘‘(2) before the approval of the application the

20 Bureau has made an affirmative finding in writing

21 that the proposed project has been reviewed in ac22 cordance with this part.

23 ‘‘(b) APPROVAL.—Each application submitted under

24 section 2202 shall be considered approved, in whole or in

25 part, by the Bureau not later than 45 days after first re-
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1 ceived unless the Bureau informs the applicant of specific

2 reasons for disapproval.

3 ‘‘(c) RESTRICTION.—Grant funds received under this

4 part shall not be used for land acquisition or construction

5 projects.

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. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS.

11 ‘‘(a) ALLOCATION.—Of the total amount appro12 priated under this part in any fiscal year—

13 ‘‘(1) 0.4 percent shall be allocated to each of

14 the participating States; and

15 ‘‘(2) of the total funds remaining after the allo16 cation under paragraph (1), there shall be allocated

17 to each of the participating States an amount that

18 bears the same ratio to the amount of remaining

19 funds described in this paragraph as the State pris20 on population of the State bears to the total prison

21 population of all of the participating States.

22 ‘‘(b) FEDERAL SHARE.—The Federal share of a

23 grant made under this part may not exceed 75 percent

24 of the total costs of the projects described in the applica-
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1 tion submitted under section 2202 for the fiscal year for

2 which the projects receive assistance under this part.

3 ‘‘SEC. 2205. EVALUATION.

4 ‘‘Each State that receives a grant under this part

5 shall submit to the Director an evaluation not later than

6 March 1 of each year in such form and containing such

7 information as the Director may reasonably require.’’.

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

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

10 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec11 tion 1203(b), is amended by striking the matter relating

12 to part V and inserting the following:

‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2201. Grant authorization.

‘‘Sec. 2202. State applications.

‘‘Sec. 2203. Review of State applications.

‘‘Sec. 2204. Allocation and distribution of funds.

‘‘Sec. 2205. Evaluation.

‘‘PART W—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2301. Continuation of rules, authorities, and proceedings.’’.

13 (c) DEFINITIONS.—Section 901(a) of the Omnibus

14 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

15 3791(a)), as amended by section 2102(c), is amended by

16 adding at the end the following new paragraph:

17 ‘‘(25) ‘residential substance abuse treatment

18 program’ means a course of individual and group ac19 tivities, lasting between 9 and 12 months, in residen-
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1 tial treatment facilities set apart from the general

2 prison population—

3 ‘‘(A) directed at the substance abuse prob4 lems of the prisoner; and

5 ‘‘(B) intended to develop the prisoner’s

6 cognitive, behavioral, social, vocational, and

7 other skills so as to solve the prisoner’s sub8 stance abuse and related problems.’’.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

10 1001(a) of title I of the Omnibus Crime Control and Safe

11 Streets Act of 1968 (42 U.S.C. 3793), as amended by sec12 tion 2202(d), is amended—

13 (1) in paragraph (3) by striking ‘‘and U’’ and

14 inserting ‘‘U, and V’’; and

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

16 paragraph:

17 ‘‘(16) There are authorized to be appropriated to

18 carry out projects under part V $100,000,000 for each

19 of fiscal years 1995, 1996, and 1997.’’.

20 TITLE XIII—PRISONS

21 Subtitle A—Federal Prisons

22 SEC. 1301. PRISONER’S PLACE OF IMPRISONMENT.

23 Paragraph (b) of section 3621 of title 18, United

24 States Code, is amended by inserting after subsection (5)

25 the following: ‘‘In designating the place of imprisonment
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1 or making transfers under this subsection, there shall be

2 no favoritism given to prisoners of high social or economic

3 status.’’.

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 7 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 Congress, by March 1 of each year, a prison impact

14 assessment reflecting the cumulative effect of all relevant

15 changes in the law taking effect during the preceding cal16 endar year.’’.

17 (b) TECHNICAL AMENDMENT.—The chapter analysis

18 for chapter 303 is amended by adding at the end the fol19 lowing new item:

‘‘4047. Prison impact assessments.’’.

20 SEC. 1303. FEDERAL PRISONER DRUG TESTING.

21 (a) SHORT TITLE.—This title may be cited as the

22 ‘‘Federal Prisoner Drug Testing Act of 1993’’.

23 (b) DRUG TESTING PROGRAM.—(1) Chapter 229 of

24 title 18, United States Code, is amended by adding at the

25 end the following new section:
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1 ‘‘§ 3608. Drug testing of Federal offenders on post2 conviction release

3 ‘‘The Director of the Administrative Office of the

4 United States Courts, in consultation with the Attorney

5 General and the Secretary of Health and Human Services,

6 shall establish a program of drug testing of Federal of7 fenders on post-conviction release. The program shall in8 clude such standards and guidelines as the Director may

9 determine necessary to ensure the reliability and accuracy

10 of the drug testing programs. In each judicial district the

11 chief probation officer shall arrange for the drug testing

12 of defendants on post-conviction release pursuant to a con13 viction for a felony or other offense described in section

14 3563(a)(4) of this title. There are authorized to be appro15 priated for each fiscal year such sums as are necessary

16 to carry out this section.’’.

17 (2) The table of sections at the beginning of chapter

18 229 of title 18, United States Code, is amended by adding

19 at the end the following:

‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.

20 (c) CONDITIONS OF PROBATION.—Section 3563(a) of

21 title 18, United States Code, is amended—

22 (1) in paragraph (2) by striking ‘‘and’’ after

23 the semicolon;

24 (2) in paragraph (3) by striking the period and

25 inserting ‘‘; and’’;
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(4) for a felony, a misdemeanor, or an infrac4 tion, that the defendant refrain from any unlawful

5 use of a controlled substance and submit to one drug

6 test within 15 days of release on probation and at

7 least 2 periodic drug tests thereafter (as determined

8 by the court) for use of a controlled substance, but

9 the condition stated in this paragraph may be ame10 liorated or suspended by the court for any individual

11 defendant if the defendant’s presentence report or

12 other reliable sentencing information indicates a low

13 risk of future substance abuse by the defendant.’’;

14 and

15 (4) by adding at the end the following: ‘‘The re16 sults of a drug test administered in accordance with

17 paragraph (4) shall be subject to confirmation only

18 if the results are positive, the defendant is subject

19 to possible imprisonment for such failure, and either

20 the defendant denies the accuracy of such test or

21 there is some other reason to question the results of

22 the test. A defendant who tests positive may be de23 tained pending verification of a positive drug test re24 sult. A drug test confirmation shall be a urine drug

25 test confirmed using gas chromatography/mass spec-
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1 trometry techniques or such test as the Director of

2 the Administrative Office of the United States

3 Courts after consultation with the Secretary of

4 Health and Human Services may determine to be of

5 equivalent accuracy. Notwithstanding the require6 ments of section 3565(b), the court shall consider

7 the availability of appropriate substance abuse treat8 ment programs when considering any action against

9 a defendant who fails a drug test administered in ac10 cordance with paragraph (4).’’.

11 (d) CONDITIONS ON SUPERVISED RELEASE.—Sec12 tion 3583(d) of title 18, United States Code, is amended

13 by inserting after the first sentence the following: ‘‘The

14 court shall also order, as an explicit condition of super15 vised release, that the defendant refrain from any unlawful

16 use of a controlled substance and submit to a drug test

17 within 15 days of release on supervised release and at least

18 2 periodic drug tests thereafter (as determined by the

19 court) for use of a controlled substance. The condition

20 stated in the preceding sentence may be ameliorated or

21 suspended by the court as provided in section 3563(a)(4).

22 The results of a drug test administered in accordance with

23 the preceding subsection shall be subject to confirmation

24 only if the results are positive, the defendant is subject

25 to possible imprisonment for such failure, and either the
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1 defendant denies the accuracy of such test or there is some

2 other reason to question the results of the test. A drug

3 test confirmation shall be a urine drug test confirmed

4 using gas chromatography/mass spectrometry techniques

5 or such test as the Director of the Administrative Office

6 of the United States Courts after consultation with the

7 Secretary of Health and Human Services may determine

8 to be of equivalent accuracy. Notwithstanding the require9 ments of section 3583(g), the court shall consider the

10 availability of appropriate substance abuse treatment pro11 grams when considering any action against a defendant

12 who fails a drug test.’’.

13 (e) CONDITIONS OF PAROLE.—Section 4209(a) of

14 title 18, United States Code, is amended by inserting after

15 the first sentence the following: ‘‘In every case, the Com16 mission shall also impose as a condition of parole that the

17 parolee pass a drug test prior to release and refrain from

18 any unlawful use of a controlled substance and submit to

19 at least 2 periodic drug tests (as determined by the Com20 mission) for use of a controlled substance. The condition

21 stated in the preceding sentence may be ameliorated or

22 suspended by the Commission for any individual parolee

23 if it determines that there is good cause for doing so. The

24 results of a drug test administered in accordance with the

25 provisions of the preceding sentence shall be subject to
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1 confirmation only if the results are positive, the defendant

2 is subject to possible imprisonment for such failure, and

3 either the defendant denies the accuracy of such test or

4 there is some other reason to question the results of the

5 test. A drug test confirmation shall be a urine drug test

6 confirmed using gas chromatography/mass spectrometry

7 techniques or such test as the Director of the Administra8 tive Office of the United States Courts after consultation

9 with the Secretary of Health and Human Services may

10 determine to be of equivalent accuracy. Notwithstanding

11 the requirements of section 4214(f), the Commission shall

12 consider the availability of appropriate substance abuse

13 treatment programs when considering any action against

14 a defendant who fails a drug test.’’.

15 SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.

16 (a) SHORT TITLE.—This section may be cited as the

17 ‘‘Drug Treatment in Federal Prisons Act of 1993’’.

18 (b) DEFINITIONS.—As used in this section—

19 (1) the term ‘‘residential substance abuse treat20 ment’’ means a course of individual and group ac21 tivities, lasting between 9 and 12 months, in residen22 tial treatment facilities set apart from the general

23 prison population—

24 (A) directed at the substance abuse prob25 lems of the prisoner; and
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1 (B) intended to develop the prisoner’s cog2 nitive, behavioral, social, vocational, and other

3 skills so as to solve the prisoner’s substance

4 abuse and related problems; and

5 (2) the term ‘‘eligible prisoner’’ means a pris6 oner who is—

7 (A) determined by the Bureau of Prisons

8 to have a substance abuse problem; and

9 (B) willing to participate in a residential

10 substance abuse treatment program.

11 (c) IMPLEMENTATION OF SUBSTANCE ABUSE

12 TREATMENT REQUIREMENT.—

13 (1) In order to carry out the requirement of the

14 last sentence of section 3621(b) of title 18, United

15 States Code, that every prisoner with a substance

16 abuse problem have the opportunity to participate in

17 appropriate substance abuse treatment, the Bureau

18 of Prisons shall provide residential substance abuse

19 treatment—

20 (A) for not less than 50 percent of eligible

21 prisoners by the end of fiscal year 1995;

22 (B) for not less than 75 percent of eligible

23 prisoners by the end of fiscal year 1996; and

24 (C) for all eligible prisoners by the end of

25 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 (d) REPORT.—The Bureau of Prisons shall transmit

2 to the Congress on January 1, 1993, and on January 1

3 of each year thereafter, a report. Such report shall con4 tain—

5 (1) a detailed quantitative and qualitative de6 scription of each substance abuse treatment pro7 gram, residential or not, operated by the Bureau;

8 (2) a full explanation of how eligibility for such

9 programs is determined, with complete information

10 on what proportion of prisoners with substance

11 abuse problems are eligible; and

12 (3) a complete statement of to what extent the

13 Bureau has achieved compliance with the require14 ments of this title.

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated for fiscal year 1995 and

17 each fiscal year thereafter such sums as may be necessary

18 to carry out this title.

19 Subtitle B—State Prisons

20 SEC. 1321. BOOT CAMPS AND REGIONAL PRISONS FOR VIO21 LENT DRUG OFFENDERS.

22 (a) DEFINITION.—In this section, ‘‘boot camp prison

23 program’’ means a correctional program of not more than

24 6 months’ duration involving—
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1 (1) assignment for participation in the pro2 gram, in conformity with State law, by prisoners

3 other than prisoners who have been convicted at any

4 time of a violent felony;

5 (2) adherence by inmates to a highly

6 regimented schedule that involves strict discipline,

7 physical training, and work;

8 (3) participation by inmates in appropriate edu9 cation, job training, and substance abuse counseling

10 or treatment; and

11 (4) aftercare services for inmates following re12 lease that are coordinated with the program carried

13 out during the period of imprisonment.

14 (b) ESTABLISHMENT OF GRANT AND TECHNICAL AS15 SISTANCE PROGRAM.—

16 (1) IN GENERAL.—The Attorney General may

17 make grants to States and to multi-State compact

18 associations for the purposes of—

19 (A) developing, constructing, expanding,

20 and improving boot camp prison programs;

21 (B) developing, constructing, and operating

22 regional prisons that house and provide treat23 ment for violent offenders with serious sub24 stance abuse problems; and
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1 (C) assisting in activating existing boot

2 camp or prison facilities that are unutilized or

3 underutilized because of lack of funding.

4 (2) TECHNICAL ASSISTANCE.—The Attorney

5 General may provide technical assistance to grantees

6 under this section.

7 (3) UTILIZATION OF COMPONENTS.—The Attor8 ney General may utilize any component or compo9 nents of the Department of Justice in carrying out

10 this section.

11 (c) STATE AND MULTI-STATE COMPACT APPLICA12 TIONS.—

13 (1) IN GENERAL.—To request a grant under

14 this section, the chief executive of a State or the co15 ordinator of a multi-State compact association shall

16 submit an application to the Attorney General in

17 such form and containing such information as the

18 Attorney General may prescribe by regulation or

19 guidelines.

20 (2) CONTENT OF APPLICATION.—In accordance

21 with the regulations or guidelines established by the

22 Attorney General, an application for a grant under

23 this section shall—

24 (A) include a long-term strategy and de25 tailed implementation plan;
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1 (B) include evidence of the existence of,

2 and describe the terms of, a multi-State com3 pact for any multiple-State plan;

4 (C) provide a description of any construc5 tion activities, including cost estimates, that will

6 be a part of any plan;

7 (D) provide a description of the criteria for

8 selection of prisoners for participating in a boot

9 camp prison program or assignment to a re10 gional prison or activated prison or boot camp

11 facility that is to be funded;

12 (E) provide assurances that the boot camp

13 prison program, regional prison, or activated

14 prison or boot camp facility that receives fund15 ing will provide work programs, education, job

16 training, and appropriate drug treatment for in17 mates;

18 (F) provide assurances that—

19 (i) prisoners who participate in a boot

20 camp prison program or are assigned to a

21 regional prison or activated prison or boot

22 camp facility that receives funding will be

23 provided with aftercare services; and

24 (ii) a substantial proportion of the

25 population of any regional prison that re-
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1 ceives funds under this section will be vio2 lent offenders with serious substance abuse

3 problems, and provision of treatment for

4 such offenders will be a priority element of

5 the prison’s mission;

6 (G) provide assurances that aftercare serv7 ices will involve the coordination of the boot

8 camp prison program, regional prison, or acti9 vated prison or boot camp facility, with other

10 human service and rehabilitation programs

11 (such as educational and job training programs,

12 drug counseling or treatment, parole or other

13 post-release supervision programs, halfway

14 house programs, job placement programs, and

15 participation in self-help and peer group pro16 grams) that reduce the likelihood of further

17 criminality by prisoners who participate in a

18 boot camp program or are assigned to a re19 gional prison or activated prison or boot camp

20 facility following release;

21 (H) explain the applicant’s inability to

22 fund the program adequately without Federal

23 assistance;
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1 (I) identify related governmental and com2 munity initiatives that complement or will be

3 coordinated with the proposal;

4 (J) certify that there has been appropriate

5 coordination with all affected agencies; and

6 (K) specify plans for obtaining necessary

7 support and continuing the proposed program

8 following the conclusion of Federal support.

9 (d) LIMITATIONS ON FUNDS.—

10 (1) NONSUPPLANTING REQUIREMENT.—Funds

11 made available under this section shall not be used

12 to supplant State funds, but shall be used to in13 crease the amount of funds that would, in the ab14 sence of Federal funds, be made available from

15 State sources.

16 (2) ADMINISTRATIVE COSTS.—No more than 5

17 percent of the funds available under this section may

18 be used for administrative costs.

19 (3) MATCHING FUNDS.—The portion of the

20 costs of a program provided by a grant under this

21 section may not exceed 75 percent of the total cost

22 of the program as described in the application.

23 (4) DURATION OF GRANTS.—

24 (A) IN GENERAL.—A grant under this sec25 tion may be renewed for up to 3 years beyond
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1 the initial year of funding if the applicant dem2 onstrates satisfactory progress toward achieve3 ment of the objectives set out in an approved

4 application.

5 (B) MULTIYEAR GRANTS.—A multiyear

6 grant may be made under this section so long

7 as the total duration of the grant, including any

8 renewals, does not exceed 4 years.

9 (e) CONVERSION OF PROPERTY AND FACILITIES AT

10 CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO

11 BOOT CAMP PRISONS AND REGIONAL PRISONS.—

12 (1) DEFINITION.—In this subsection, ‘‘base clo13 sure law’’ means—

14 (A) title II of the Defense Authorization

15 Amendments and Base Closure and Realign16 ment Act (10 U.S.C. 2687 note);

17 (B) the Defense Base Closure and Realign18 ment Act of 1990 (part A of title XXIX of

19 Public Law 101–510; 10 U.S.C. 2687 note);

20 (C) section 2687 of title 10, United States

21 Code; and

22 (D) any other similar law.

23 (2) DETERMINATION OF SUITABILITY FOR CON24 VERSION.—Notwithstanding any base closure law,

25 the Secretary of Defense may not take any action to
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1 dispose of or transfer any real property or facility lo2 cated at a military installation to be closed or re3 aligned under a base closure law until the Secretary

4 notifies the Attorney General of any property or fa5 cility at that installation that is suitable for use as

6 a boot camp prison or regional prison.

7 (3) TRANSFER.—The Secretary shall, upon the

8 request of the Attorney General, transfer to the At9 torney General, without reimbursement, the property

10 or facilities covered by the notification referred to in

11 paragraph (2) in order to permit the Attorney Gen12 eral to utilize the property or facilities as a boot

13 camp prison or regional prison.

14 (4) APPLICABILITY.—This subsection shall

15 apply with respect to property or facilities located at

16 military installations the closure or realignment of

17 which commences after the date of enactment of this

18 Act.

19 (f) PERFORMANCE EVALUATION.—

20 (1) EVALUATION COMPONENTS.—

21 (A) IN GENERAL.—Each boot camp prison,

22 regional prison, and activated prison or boot

23 camp facility program funded under this section

24 shall contain an evaluation component devel-
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1 oped pursuant to guidelines established by the

2 Attorney General.

3 (B) OUTCOME MEASURES.—The evalua4 tions required by this paragraph shall include

5 outcome measures that can be used to deter6 mine the effectiveness of the funded programs,

7 including the effectiveness of such programs in

8 comparison with other correctional programs or

9 dispositions in reducing the incidence of recidi10 vism.

11 (2) PERIODIC REVIEW AND REPORTS.—

12 (A) REVIEW.—The Attorney General shall

13 review the performance of each grant recipient

14 under this section.

15 (B) REPORTS.—The Attorney General may

16 require a grant recipient to submit to the Attor17 ney General the results of the evaluations re18 quired under paragraph (1) and such other

19 data and information as the Attorney General

20 deems reasonably necessary to carry out the At21 torney General’s responsibilities under this sec22 tion.

23 (3) REPORT TO CONGRESS.—The Attorney

24 General shall submit an annual report to Congress

25 describing the grants awarded under this section
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1 and providing an assessment of the operations of the

2 programs receiving grants.

3 (g) REVOCATION OR SUSPENSION OF FUNDING.—If

4 the Attorney General determines, as a result of the reviews

5 required by subsection (f), or otherwise, that a grant recip6 ient under this section is not in substantial compliance

7 with the terms and requirements of an approved grant ap8 plication, the Attorney General may revoke or suspend

9 funding of the grant in whole or in part.

10 (h) ACCESS TO DOCUMENTS.—The Attorney General

11 and the Comptroller General shall have access for the pur12 pose of audit and examination to—

13 (1) the pertinent books, documents, papers, or

14 records of a grant recipient under this section; and

15 (2) the pertinent books, documents, papers, or

16 records of other persons and entities that are in17 volved in programs for which assistance is provided

18 under this section.

19 (i) GENERAL REGULATORY AUTHORITY.—The Attor20 ney General may issue regulations and guidelines to carry

21 out this section.

22 (j) AUTHORIZATION OF APPROPRIATIONS.—

23 (1) IN GENERAL.—There is authorized to be

24 appropriated to carry out this section $200,000,000,

25 to remain available until expended.
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1 (2) USE OF APPROPRIATED FUNDS.—No more

2 than one-third of the amounts appropriated under

3 paragraph (1) may be used to make grants for the

4 construction, development, and operation of regional

5 prisons under subsection (b)(1)(B).

6 SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.

7 (a) FEASIBILITY STUDY.—The National Institute of

8 Justice shall study the feasibility of establishing a clear9 inghouse to provide information to interested persons to

10 facilitate the transfer of prisoners in State correctional in11 stitutions to other such correctional institutions, pursuant

12 to the Interstate Corrections Compact or other applicable

13 interstate compact, for the purpose of allowing prisoners

14 to serve their prison sentences at correctional institutions

15 in close proximity to their families.

16 (b) REPORT TO CONGRESS.—The National Institute

17 of Justice shall, not later than 1 year after the date of

18 the enactment of this Act, submit to the Committees on

19 the Judiciary of the House of Representatives and the

20 Senate a report containing the results of the study con21 ducted under subsection (a), together with any rec22 ommendations the Institute may have on establishing a

23 clearinghouse described in such subsection.
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1 (c) DEFINITION.—For purposes of this section, the

2 term ‘‘State’’ includes the District of Columbia and any

3 territory or possession of the United States.

4 SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND

5 TREATMENT.

6 The Director of the National Institute of Justice

7 shall—

8 (1) conduct a study to compare the recidivism

9 rates of individuals under the influence of alcohol or

10 alcohol in combination with other drugs at the time

11 of their offense—

12 (A) who participated in a residential treat13 ment program while in the custody of the State;

14 and

15 (B) who did not participate in a residential

16 treatment program while in the custody of the

17 State.

18 (2) conduct a nationwide assessment regarding

19 the use of alcohol and alcohol in combination with

20 other drugs as a factor in violent, domestic, and gen21 eral criminal activity.

22 SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS.

23 Section 4042 of title 18, United States Code, is

24 amended—
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1 (1) by striking ‘‘The Bureau’’ and inserting

2 ‘‘(a) IN GENERAL.—The Bureau’’;

3 (2) by striking ‘‘This section’’ and inserting

4 ‘‘(c) Application of Section.—This section’’;

5 (3) in paragraph (4) of subsection (a), as des6 ignated by paragraph (1) of this subsection—

7 (A) by striking ‘‘Provide’’ and inserting

8 ‘‘provide’’; and

9 (B) by striking the period at the end and

10 inserting ‘‘; and’’;

11 (4) by inserting after paragraph (4) of sub12 section (a), as designated by paragraph (1) of this

13 subsection, the following new paragraph:

14 ‘‘(5) provide notice of release of prisoners in ac15 cordance with subsection (b).’’; and

16 (5) by inserting after subsection (a), as des17 ignated by paragraph (1) of this subsection, the fol18 lowing new subsection:

19 ‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Ex20 cept in the case of a prisoner being protected under chap21 ter 224, the Bureau of Prisons shall, at least 5 days prior

22 to the date on which a prisoner described in paragraph

23 (3) is to be released on supervised release, or, in the case

24 of a prisoner on supervised release, at least 5 days prior

25 to the date on which the prisoner changes residence to
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1 a new jurisdiction, cause written notice of the release or

2 change of residence to be made to the chief law enforce3 ment officer of the State and of the local jurisdiction in

4 which the prisoner will reside.

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

6 ‘‘(A) the prisoner’s name;

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

8 description of the offense of which the prisoner was

9 convicted; and

10 ‘‘(C) any restrictions on conduct or other condi11 tions to the release of the prisoner that are imposed

12 by law, the sentencing court, or the Bureau of Pris13 ons or any other Federal agency.

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

15 prisoner was convicted of—

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

17 defined in section 924(c)(2); or

18 ‘‘(B) a crime of violence, as that term is defined

19 in section 924(c)(3).

20 ‘‘(4) The notice provided under this section

21 shall be used solely for law enforcement purposes.’’.

22 SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR

23 LAW APPLIES.

24 In the case of a prisoner convicted of an offense com25 mitted prior to November 1, 1987, the reference to super-
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1 vised release in section 4042(b) of title 18, United States

2 Code, shall be deemed to be a reference to probation or

3 parole.

4 TITLE XIV—RURAL CRIME

5 Subtitle A—Fighting Drug

6 Trafficking in Rural Areas

7 SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCE8 MENT AGENCIES.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

10 1001(a)(9) of title I of the Omnibus Crime Control and

11 Safe Streets Act of 1968 (42 U.S.C. 3793(9)) is amended

12 by striking ‘‘and such’’ and all that follows through ‘‘part

13 O’’ and inserting ‘‘$50,000,000 for fiscal year 1995 and

14 such sums as are necessary for fiscal years 1996 and 1997

15 to carry out part O’’.

16 (b) AMENDMENT TO BASE ALLOCATION.—Section

17 1501(a)(2)(A) of title I of the Omnibus Crime Control and

18 Safe Streets Act of 1968 is amended by striking

19 ‘‘$100,000’’ and inserting ‘‘$250,000’’.

20 SEC. 1402. RURAL DRUG ENFORCEMENT TASK FORCES.

21 (a) ESTABLISHMENT.—Not later than 1 year after

22 the date of enactment of this Act, the Attorney General,

23 in consultation with the Governors, mayors, and chief ex24 ecutive officers of State and local law enforcement agen25 cies, shall establish a Rural Drug Enforcement Task
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1 Force in each of the Federal judicial districts which en2 compass significant rural lands.

3 (b) TASK FORCE MEMBERSHIP.—The task forces es4 tablished under subsection (a) shall be chaired by the

5 United States Attorney for the respective Federal judicial

6 district. The task forces shall include representatives

7 from—

8 (1) State and local law enforcement agencies;

9 (2) the Drug Enforcement Administration;

10 (3) the Federal Bureau of Investigation;

11 (4) the Immigration and Naturalization Service;

12 and

13 (5) law enforcement officers from the United

14 States Park Police, United States Forest Service

15 and Bureau of Land Management, and such other

16 Federal law enforcement agencies as the Attorney

17 General may direct.

18 SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.

19 The Attorney General may cross-designate up to 100

20 law enforcement officers from each of the agencies speci21 fied under section 1402(b)(5) with jurisdiction to enforce

22 the provisions of the Controlled Substances Act on non23 Federal lands to the extent necessary to effect the pur24 poses of this title.
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1 SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.

2 (a) SPECIALIZED TRAINING FOR RURAL OFFI3 CERS.—The Director of the Federal Law Enforcement

4 Training Center shall develop a specialized course of in5 struction devoted to training law enforcement officers

6 from rural agencies in the investigation of drug trafficking

7 and related crimes.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out subsection (a)

10 $1,000,000 for each of fiscal years 1995, 1996, and 1997.

11 Subtitle B—Drug Free Truck Stops

12 and Safety Rest Areas

13 SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST

14 AREAS.

15 (a) SHORT TITLE.—This section may be cited as the

16 ‘‘Drug Free Truck Stop Act’’.

17 (b) AMENDMENT TO CONTROLLED SUBSTANCES

18 ACT.—

19 (1) IN GENERAL.—Part D of the Controlled

20 Substances Act (21 U.S.C. 801 et seq.) is amended

21 by inserting after section 408 the following new sec22 tion:

23 ‘‘TRANSPORTATION SAFETY OFFENSES

24 ‘‘SEC. 409. (a) DEFINITIONS.—In this section—
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1 ‘‘ ‘safety rest area’ means a roadside facility

2 with parking facilities for the rest or other needs of

3 motorists.

4 ‘‘ ‘truck stop’ means a facility (including any

5 parking lot appurtenant thereto) that—

6 ‘‘(A) has the capacity to provide fuel or

7 service, or both, to any commercial motor vehi8 cle (as defined under section 12019 of the Com9 mercial Motor Vehicle Safety Act of 1986 (49

10 U.S.C. App. 2716)) operating in commerce (as

11 defined in that section); and

12 ‘‘(B) is located within 2,500 feet of the

13 National System of Interstate and Defense

14 Highways or the Federal-Aid Primary System.

15 ‘‘(b) FIRST OFFENSE.—A person who violates section

16 401(a)(1) or section 416 by distributing or possessing

17 with intent to distribute a controlled substance in or on,

18 or within 1,000 feet of, a truck stop or safety rest area

19 is (except as provided in subsection (b)) subject to—

20 ‘‘(1) twice the maximum punishment authorized

21 by section 401(b); and

22 ‘‘(2) twice any term of supervised release au23 thorized by section 401(b) for a first offense.

24 ‘‘(c) SUBSEQUENT OFFENSE.—A person who violates

25 section 401(a)(1) or section 416 by distributing or pos-
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1 sessing with intent to distribute a controlled substance in

2 or on, or within 1,000 feet of, a truck stop or a safety

3 rest area after a prior conviction or convictions under sub4 section (a) have become final is subject to—

5 ‘‘(1) 3 times the maximum punishment author6 ized by section 401(b); and

7 ‘‘(2) 3 times any term of supervised release au8 thorized by section 401(b) for a first offense.’’.

9 (2) TECHNICAL AMENDMENTS.—

10 (A) CROSS REFERENCE.—Section 401(b)

11 of the Controlled Substances Act (21 U.S.C.

12 841(b)) is amended by inserting ‘‘409,’’ before

13 ‘‘418,’’ each place it appears.

14 (B) TABLE OF CONTENTS.—The table of

15 contents of the Comprehensive Drug Abuse

16 Prevention and Control Act of 1970 is amended

17 by striking the item relating to section 409 and

18 inserting the following new item:

‘‘Sec. 409. Transportation safety offenses.’’.

19 (c) SENTENCING GUIDELINES.—Pursuant to its au20 thority under section 994 of title 28, United States Code,

21 and section 21 of the Sentencing Act of 1987 (28 U.S.C.

22 994 note), the United States Sentencing Commission shall

23 promulgate guidelines, or shall amend existing guidelines,

24 to provide an appropriate enhancement of punishment for
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1 a defendant convicted of violating section 409 of the Con2 trolled Substances Act, as added by subsection (b).

3 TITLE XV—DRUG CONTROL

4 Subtitle A—Increased Penalties

5 SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAF6 FICKING IN PRISONS.

7 Section 1791 of title 18, United States Code, is

8 amended—

9 (1) in subsection (c), by inserting before ‘‘Any’’

10 the following new sentence: ‘‘Any punishment im11 posed under subsection (b) for a violation of this

12 section involving a controlled substance shall be con13 secutive to any other sentence imposed by any court

14 for an offense involving such a controlled sub15 stance.’’;

16 (2) in subsection (d)(1)(A), by inserting after

17 ‘‘a firearm or destructive device’’ the following: ‘‘or

18 a controlled substance in schedule I or II, other than

19 marijuana or a controlled substance referred to in

20 subparagraph (C) of this subsection’’;

21 (3) in subsection (d)(1)(B), by inserting before

22 ‘‘ammunition,’’ the following: ‘‘marijuana or a con23 trolled substance in schedule III, other than a con24 trolled substance referred to in subparagraph (C) of

25 this subsection,’’;
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1 (4) in subsection (d)(1)(C), by inserting ‘‘meth2 amphetamine, its salts, isomers, and salts of its iso3 mers,’’ after ‘‘a narcotic drug,’’;

4 (5) in subsection (d)(1)(D), by inserting ‘‘(A),

5 (B), or’’ before ‘‘(C)’’; and

6 (6) in subsection (b), by striking ‘‘(c)’’ each

7 place it appears and inserting ‘‘(d)’’.

8 SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTA9 TION OF SMALL DRUG QUANTITIES.

10 Section 497(a)(2)(A) of the Tariff Act of 1930 (19

11 U.S.C. 1497(a)(2)(A)) is amended by adding ‘‘or $500,

12 whichever is greater’’ after ‘‘value of the article’’.

13 SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC

14 HOUSING AUTHORITY FACILITIES.

15 Section 419 of the Controlled Substances Act (21

16 U.S.C. 860) is amended—

17 (1) in subsection (a) by striking ‘‘playground,

18 or within’’ and inserting ‘‘playground, or housing fa19 cility owned by a public housing authority, or with20 in’’; and

21 (2) in subsection (b) by striking ‘‘playground,

22 or within’’ and inserting ‘‘playground, or housing fa23 cility owned by a public housing authority, or with24 in’’.
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1 SEC. 1504. 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. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN

18 ‘‘DRUG-FREE’’ ZONES.

19 Pursuant to its authority under section 994 of title

20 28, United States Code, the United States Sentencing

21 Commission shall amend existing guidelines to provide

22 that a defendant convicted of violating section 419 of the

23 Controlled Substances Act (21 U.S.C. 860) shall be as24 signed an offense level under chapter 2 of the sentencing

25 guidelines that is no less than level 20.
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1 SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE

2 IN FEDERAL PRISONS.

3 (a) DECLARATION OF POLICY.—It is the policy of the

4 Federal Government that the use or distribution of illegal

5 drugs in the Nation’s Federal prisons will not be tolerated

6 and that such crimes shall be prosecuted to the fullest ex7 tent of the law.

8 (b) SENTENCING GUIDELINES.—Pursuant to its au9 thority under section 994 of title 28, United States Code,

10 the United States Sentencing Commission shall amend its

11 sentencing guidelines to appropriately enhance the penalty

12 for a person convicted of an offense—

13 (1) under section 404 of the Controlled Sub14 stances Act involving simple possession of a con15 trolled substance within a Federal prison or other

16 Federal detention facility; or

17 (2) under section 401(b) of the Controlled Sub18 stances Act involving the smuggling of a controlled

19 substance into a Federal prison or other Federal de20 tention facility or the distribution or intended dis21 tribution of a controlled substance within a Federal

22 prison or other Federal detention facility.

23 (c) NO PROBATION OR SUSPENSION OF SEN24 TENCE.—Notwithstanding any other law, the court shall

25 not place on probation or suspend the sentence of a person

26 convicted of an offense described in subsection (b).
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1 Subtitle B—Precursor Chemicals

2 Act

3 SEC. 1511. SHORT TITLE.

4 This title may be cited as the ‘‘Chemical Control

5 Amendments Act of 1993’’.

6 SEC. 1512. DEFINITION AMENDMENTS.

7 (a) DEFINITIONS.—Section 102 of the Controlled

8 Substances Act (21 U.S.C. 802) is amended—

9 (1) in paragraph (33) by striking ‘‘any listed

10 precursor chemical or listed essential chemical’’ and

11 inserting ‘‘any list I chemical or any list II chemi12 cal’’;

13 (2) in paragraph (34)—

14 (A) by striking ‘‘listed precursor chemical’’

15 and inserting ‘‘list I chemical’’; and

16 (B) by striking ‘‘critical to the creation’’

17 and inserting ‘‘important to the manufacturer’’;

18 (3) in paragraph (34) (A), (F), and (H), by in19 serting ‘‘, its esters’’ before ‘‘and’’;

20 (4) in paragraph (35)—

21 (A) by striking ‘‘listed essential chemical’’

22 and inserting ‘‘list II chemical’’;

23 (B) by inserting ‘‘(other than a list I

24 chemical)’’ before ‘‘specified’’;
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1 (C) by striking ‘‘as a solvent, reagent, or

2 catalyst’’; and

3 (5) in paragraph (38) by inserting ‘‘or who acts

4 as a broker or trader for an international trans5 action involving a listed chemical, a tableting ma6 chine, or an encapsulating machine’’ before the pe7 riod;

8 (6) in paragraph (39)(A)—

9 (A) by striking ‘‘importation or exportation

10 of’’ and inserting ‘‘importation, or exportation

11 of, or an international transaction involving

12 shipment of,’’;

13 (B) in clause (iii) by inserting ‘‘or any cat14 egory of transaction for a specific listed chemi15 cal or chemicals’’ after ‘‘transaction’’;

16 (C) by amending clause (iv) to read as fol17 lows:

18 ‘‘(iv) any transaction in a listed chemical

19 that is contained in a drug that may be mar20 keted or distributed lawfully in the United

21 States under the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 301 et seq.) unless—

23 ‘‘(I)(aa) the drug contains ephedrine

24 or its salts, optical isomers, or salts of op25 tical isomers as the only active medicinal
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1 ingredient or contains ephedrine and thera2 peutically insignificant quantities of an3 other active medicinal ingredient; or

4 ‘‘(bb) the Attorney General has deter5 mined under section 204 that the drug or

6 group of drugs is being diverted to obtain

7 the listed chemical for use in the illicit pro8 duction of a controlled substance; and

9 ‘‘(II) the quantity of ephedrine or

10 other listed chemical contained in the drug

11 included in the transaction or multiple

12 transactions equals or exceeds the thresh13 old established for that chemical by the At14 torney General.’’; and

15 (D) in clause (v) by striking the semicolon

16 and inserting ‘‘which the Attorney General has

17 by regulation designated as exempt from the

18 application of this title and title II based on a

19 finding that the mixture is formulated in such

20 a way that it cannot be easily used in the illicit

21 production of a controlled substance and that

22 the listed chemical or chemicals contained in

23 the mixture cannot be readily recovered;’’;

24 (7) in paragraph (40) by striking ‘‘listed pre25 cursor chemical or a listed essential chemical’’ each
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1 place it appears and inserting ‘‘list I chemical or a

2 list II chemical’’; and

3 (8) by adding at the end the following new

4 paragraphs:

5 ‘‘(43) The term ‘international transaction’ means a

6 transaction involving the shipment of a listed chemical

7 across an international border (other than a United States

8 border) in which a broker or trader located in the United

9 States participates.

10 ‘‘(44) The terms ‘broker’ and ‘trader’ mean a person

11 that assists in arranging an international transaction in

12 a listed chemical by—

13 ‘‘(A) negotiating contracts;

14 ‘‘(B) serving as an agent or intermediary; or

15 ‘‘(C) bringing together a buyer and seller,

16 buyer, and transporter, or a seller and transporter.’’.

17 (b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—

18 (1) PROCEDURE.—Part B of the Controlled

19 Substances Act (21 U.S.C. 811 et seq.) is amended

20 by adding at the end the following new section:

21 ‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS

22 ‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The At23 torney General shall by regulation remove from exemption

24 under section 102(39)(A)(iv)(II) a drug or group of drugs

25 that the Attorney General finds is being diverted to obtain
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1 a listed chemical for use in the illicit production of a con2 trolled substance.

3 ‘‘(b) FACTORS TO BE CONSIDERED.—In removing a

4 drug or group of drugs from exemption under subsection

5 (a), the Attorney General shall consider, with respect to

6 a drug or group of drugs that is proposed to be removed

7 from exemption—

8 ‘‘(1) the scope, duration, and significance of the

9 diversion;

10 ‘‘(2) whether the drug or group of drugs is for11 mulated in such a way that it cannot be easily used

12 in the illicit production of a controlled substance;

13 and

14 ‘‘(3) whether the listed chemical can be readily

15 recovered from the drug or group of drugs.

16 ‘‘(c) SPECIFICITY OF DESIGNATION.—The Attorney

17 General shall limit the designation of a drug or a group

18 of drugs removed from exemption under subsection (a) to

19 the most particularly identifiable type of drug or group

20 of drugs for which evidence of diversion exists unless there

21 is evidence, based on the pattern of diversion and other

22 relevant factors, that the diversion will not be limited to

23 that particular drug or group of drugs.

24 ‘‘(d) REINSTATEMENT OF EXEMPTION WITH RE25 SPECT TO PARTICULAR DRUG PRODUCTS.—
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1 ‘‘(1) REINSTATEMENT.—On application by a

2 manufacturer of a particular drug product that has

3 been removed from exemption under subsection (a),

4 the Attorney General shall by regulation reinstate

5 the exemption with respect to that particular drug

6 product if the Attorney General determines that the

7 particular drug product is manufactured and distrib8 uted in a manner that prevents diversion.

9 ‘‘(2) FACTORS TO BE CONSIDERED.—In decid10 ing whether to reinstate the exemption with respect

11 to a particular drug product under paragraph (1),

12 the Attorney General shall consider—

13 ‘‘(A) the package sizes and manner of

14 packaging of the drug product;

15 ‘‘(B) the manner of distribution and adver16 tising of the drug product;

17 ‘‘(C) evidence of diversion of the drug

18 product;

19 ‘‘(D) any actions taken by the manufac20 turer to prevent diversion of the drug product;

21 and

22 ‘‘(E) such other factors as are relevant to

23 and consistent with the public health and safe24 ty, including the factors described in subsection

25 (b) as applied to the drug product.
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1 ‘‘(3) STATUS PENDING APPLICATION FOR REIN2 STATEMENT.—A transaction involving a particular

3 drug product that is the subject of a bona fide pend4 ing application for reinstatement of exemption filed

5 with the Attorney General not later than 60 days

6 after a regulation removing the exemption is issued

7 pursuant to subsection (a) shall not be considered to

8 be a regulated transaction if the transaction occurs

9 during the pendency of the application and, if the

10 Attorney General denies the application, during the

11 period of 60 days following the date on which the

12 Attorney General denies the application, unless—

13 ‘‘(A) the Attorney General has evidence

14 that, applying the factors described in sub15 section (b) to the drug product, the drug prod16 uct is being diverted; and

17 ‘‘(B) the Attorney General so notifies the

18 applicant.

19 ‘‘(4) AMENDMENT AND MODIFICATION.—A reg20 ulation reinstating an exemption under paragraph

21 (1) may be modified or revoked with respect to a

22 particular drug product upon a finding that—

23 ‘‘(A) applying the factors described in sub24 section (b) to the drug product, the drug prod25 uct is being diverted; or
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1 ‘‘(B) there is a significant change in the

2 data that led to the issuance of the regula3 tion.’’.

4 (2) TECHNICAL AMENDMENT.—The table of

5 contents of the Comprehensive Drug Abuse Preven6 tion and Control Act of 1970 (84 Stat. 1236) is

7 amended by adding at the end of the section relating

8 to part B of title II the following new item:

‘‘Sec. 204. Removal of exemption of certain drugs.’’.

9 (c) REGULATION OF LISTED CHEMICALS.—Section

10 310 of the Controlled Substances Act (21 U.S.C. 830) is

11 amended—

12 (1) in subsection (a)(1)—

13 (A) by striking ‘‘precursor chemical’’ and

14 inserting ‘‘list I chemical’’; and

15 (B) in subparagraph (B) by striking ‘‘an

16 essential chemical’’ and inserting ‘‘a list II

17 chemical’’; and

18 (2) in subsection (c)(2)(D) by striking ‘‘precur19 sor chemical’’ and inserting ‘‘chemical control’’.

20 SEC. 1513. REGISTRATION REQUIREMENTS.

21 (a) RULES AND REGULATIONS.—Section 301 of the

22 Controlled Substances Act (21 U.S.C. 821) is amended

23 by striking the period and inserting ‘‘and to the registra24 tion and control of regulated persons and of regulated

25 transactions.’’.
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1 (b) PERSONS REQUIRED TO REGISTER UNDER SEC2 TION 302.—Section 302 of the Controlled Substances Act

3 (21 U.S.C. 822) is amended—

4 (1) in subsection (a)(1) by inserting ‘‘or list I

5 chemical’’ after ‘‘controlled substance’’ each place it

6 appears;

7 (2) in subsection (b)—

8 (A) by inserting ‘‘or list I chemicals’’ after

9 ‘‘controlled substances’’; and

10 (B) by inserting ‘‘or chemicals’’ after

11 ‘‘such substances’’;

12 (3) in subsection (c) by inserting ‘‘or list I

13 chemical’’ after ‘‘controlled substance’’ each place it

14 appears; and

15 (4) in subsection (e) by inserting ‘‘or list I

16 chemicals’’ after ‘‘controlled substances’’.

17 (c) REGISTRATION REQUIREMENTS UNDER SECTION

18 303.—Section 303 of the Controlled Substances Act (21

19 U.S.C. 823) is amended by adding at the end the following

20 new subsection:

21 ‘‘(h) The Attorney General shall register an applicant

22 to distribute a list I chemical unless the Attorney General

23 determines that registration of the applicant is inconsist24 ent with the public interest. Registration under this sub25 section shall not be required for the distribution of a drug
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1 product that is exempted under section 102(39)(A)(iv). In

2 determining the public interest for the purposes of this

3 subsection, the Attorney General shall consider—

4 ‘‘(1) maintenance by the applicant of effective

5 controls against diversion of listed chemicals into

6 other than legitimate channels;

7 ‘‘(2) compliance by the applicant with applica8 ble Federal, State and local law;

9 ‘‘(3) any prior conviction record of the appli10 cant under Federal or State laws relating to con11 trolled substances or to chemicals controlled under

12 Federal or State law;

13 ‘‘(4) any past experience of the applicant in the

14 manufacture and distribution of chemicals; and

15 ‘‘(5) such other factors as are relevant to and

16 consistent with the public health and safety.’’.

17 (d) DENIAL, REVOCATION, OR SUSPENSION OF REG18 ISTRATION.—Section 304 of the Controlled Substances

19 Act (21 U.S.C. 824) is amended—

20 (1) in subsection (a)—

21 (A) by inserting ‘‘or a list I chemical’’

22 after ‘‘controlled substance’’ each place it ap23 pears; and

24 (B) by inserting ‘‘or list I chemicals’’ after

25 ‘‘controlled substances’’;
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1 (2) in subsection (b) by inserting ‘‘or list I

2 chemical’’ after ‘‘controlled substance’’;

3 (3) in subsection (f) by inserting ‘‘or list I

4 chemicals’’ after ‘‘controlled substances’’ each place

5 it appears; and

6 (4) in subsection (g)—

7 (A) by inserting ‘‘or list I chemicals’’ after

8 ‘‘controlled substances’’ each place it appears;

9 and

10 (B) by inserting ‘‘or list I chemical’’ after

11 ‘‘controlled substance’’ each place it appears.

12 (e) PERSONS REQUIRED TO REGISTER UNDER SEC13 TION 1007.—Section 1007 of the Controlled Substances

14 Import and Export Act (21 U.S.C. 957) is amended—

15 (1) in subsection (a)—

16 (A) in paragraph (1) by inserting ‘‘or list

17 I chemical’’ after ‘‘controlled substance’’; and

18 (B) in paragraph (2) by striking ‘‘in sched19 ule I, II, III, IV, or V,’’ and inserting ‘‘or list

20 I chemical,’’; and

21 (2) in subsection (b)—

22 (A) in paragraph (1) by inserting ‘‘or list

23 I chemical’’ after ‘‘controlled substance’’ each

24 place it appears; and
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1 (B) in paragraph (2) by inserting ‘‘or list

2 I chemicals’’ after ‘‘controlled substances’’.

3 (f) REGISTRATION REQUIREMENTS UNDER SECTION

4 1008.—Section 1008 of the Controlled Substances Import

5 and Export Act (21 U.S.C. 958) is amended—

6 (1) in subsection (c)—

7 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(2)(A) The Attorney General shall register an appli11 cant to import or export a list I chemical unless the Attor12 ney General determines that registration of the applicant

13 is inconsistent with the public interest. Registration under

14 this subsection shall not be required for the import or ex15 port of a drug product that is exempted under section

16 102(39)(A)(iv).

17 ‘‘(B) In determining the public interest for the pur18 poses of subparagraph (A), the Attorney General shall

19 consider the factors specified in section 303(h).’’;

20 (2) in subsection (d)—

21 (A) in paragraph (3) by inserting ‘‘or list

22 I chemical or chemicals,’’ after ‘‘substances,’’;

23 and
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1 (B) in paragraph (6) by inserting ‘‘or list

2 I chemicals’’ after ‘‘controlled substances’’ each

3 place it appears;

4 (3) in subsection (e) by striking ‘‘and 307’’ and

5 inserting ‘‘307, and 310’’; and

6 (4) in subsections (f), (g), and (h) by inserting

7 ‘‘or list I chemicals’’ after ‘‘controlled substances’’

8 each place it appears.

9 (g) PROHIBITED ACTS C.—Section 403(a) of the

10 Controlled Substances Act (21 U.S.C. 843(a)) is amend11 ed—

12 (1) by striking ‘‘or’’ at the end of paragraph

13 (7);

14 (2) by striking the period at the end of para15 graph (8) and inserting ‘‘; or’’; and

16 (3) by adding at the end the following new

17 paragraph:

18 ‘‘(9) if the person is a regulated person, to dis19 tribute, import, or export a list I chemical without

20 the registration required by this Act.’’.

21 SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFAC22 TURING.

23 Section 310(b) of the Controlled Substances Act (21

24 U.S.C. 830(b)) is amended—

25 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
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1 (2) by redesignating paragraphs (1), (2), (3),

2 and (4) as subparagraphs (A), (B), (C), and (D), re3 spectively;

4 (3) by striking ‘‘paragraph (1)’’ each place it

5 appears and inserting ‘‘subparagraph (A)’’;

6 (4) by striking ‘‘paragraph (2)’’ and inserting

7 ‘‘subparagraph (B)’’;

8 (5) by striking ‘‘paragraph (3)’’ and inserting

9 ‘‘subparagraph (C)’’; and

10 (6) by adding at the end the following new

11 paragraph:

12 ‘‘(2) A regulated person that manufactures a

13 listed chemical shall report annually to the Attorney

14 General, in such form and manner and containing

15 such specific data as the Attorney General shall pre16 scribe by regulation, information concerning listed

17 chemicals manufactured by the person. The require18 ment of the preceding sentence shall not apply to the

19 manufacture of a drug product that is exempted

20 under section 102(39)(A)(iv).’’.

21 SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL

22 PENALTIES.

23 (a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND

24 PENALTIES WITH RESPECT TO IMPORTATION AND EX25 PORTATION OF LISTED CHEMICALS.—Section 1018 of the
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1 Controlled Substances Import and Export Act (21 U.S.C.

2 971) is amended by adding at the end the following new

3 subsection:

4 ‘‘(d) A person located in the United States who is

5 a broker or trader for an international transaction in a

6 listed chemical that is a regulated transaction solely be7 cause of that person’s involvement as a broker or trader

8 shall, with respect to that transaction, be subject to all

9 of the notification, reporting, recordkeeping, and other re10 quirements placed upon exporters of listed chemicals by

11 this title and title II.’’.

12 (b) PROHIBITED ACTS A.—Section 1010(d) of the

13 Controlled Substances Import and Export Act (21 U.S.C.

14 960(d)) is amended to read as follows:

15 ‘‘(d) A person who knowingly or intentionally—

16 ‘‘(1) imports or exports a listed chemical with

17 intent to manufacture a controlled substance in vio18 lation of this title or title II;

19 ‘‘(2) exports a listed chemical in violation of the

20 laws of the country to which the chemical is ex21 ported or serves as a broker or trader for an inter22 national transaction involving a listed chemical, if

23 the transaction is in violation of the laws of the

24 country to which the chemical is exported;
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1 ‘‘(3) imports or exports a listed chemical know2 ing, or having reasonable cause to believe, that the

3 chemical will be used to manufacture a controlled

4 substance in violation of this title or title II; or

5 ‘‘(4) exports a listed chemical, or serves as a

6 broker or trader for an international transaction in7 volving a listed chemical, knowing, or having reason8 able cause to believe, that the chemical will be used

9 to manufacture a controlled substance in violation of

10 the laws of the country to which the chemical is ex11 ported,

12 shall be fined in accordance with title 18, imprisoned not

13 more than 10 years, or both.’’.

14 SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PEN15 ALTIES.

16 (a) NOTIFICATION REQUIREMENT.—Section 1018 of

17 the Controlled Substances Import and Export Act (21

18 U.S.C. 971), as amended by section 5(a), is amended by

19 adding at the end the following new subsection:

20 ‘‘(e)(1) The Attorney General may by regulation re21 quire that the 15-day notification requirement of sub22 section (a) apply to all exports of a listed chemical to a

23 specified country, regardless of the status of certain cus24 tomers in such country as regular customers, if the Attor25 ney General finds that such notification is necessary to
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1 support effective chemical diversion control programs or

2 is required by treaty or other international agreement to

3 which the United States is a party.

4 ‘‘(2) The Attorney General may by regulation waive

5 the 15-day notification requirement for exports of a listed

6 chemical to a specified country if the Attorney General

7 determines that such notification is not required for effec8 tive chemical diversion control. If the notification require9 ment is waived, exporters of the listed chemical shall be

10 required to submit to the Attorney General reports of indi11 vidual exportations or periodic reports of such exportation

12 of the listed chemical, at such time or times and contain13 ing such information as the Attorney General shall estab14 lish by regulation.

15 ‘‘(3) The Attorney General may by regulation waive

16 the 15-day notification requirement for the importation of

17 a listed chemical if the Attorney General determines that

18 such notification is not necessary for effective chemical di19 version control. If the notification requirement is waived,

20 importers of the listed chemical shall be required to submit

21 to the Attorney General reports of individual importations

22 or periodic reports of the importation of the listed chemi23 cal, at such time or times and containing such information

24 as the Attorney General shall establish by regulation.’’.
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1 (b) PROHIBITED ACTS A.—Section 1010(d) of the

2 Controlled Substances Import and Export Act (21 U.S.C.

3 960(d)), as amended by section 5(b), is amended—

4 (1) by striking ‘‘or’’ at the end of paragraph

5 (3);

6 (2) by striking the comma at the end of para7 graph (4) and inserting a semicolon; and

8 (3) by adding at the end the following new

9 paragraphs:

10 ‘‘(5) imports or exports a listed chemical, with

11 the intent to evade the reporting or recordkeeping

12 requirements of section 1018 applicable to such im13 portation or exportation by falsely representing to

14 the Attorney General that the importation or expor15 tation qualifies for a waiver of the 15-day notifica16 tion requirement granted pursuant to section

17 1018(e) (2) or (3) by misrepresenting the actual

18 country of final destination of the listed chemical or

19 the actual listed chemical being imported or ex20 ported; or

21 ‘‘(6) imports or exports a listed chemical in vio22 lation of section 1007 or 1018,’’.

23 SEC. 1517. AMENDMENTS TO LIST I.

24 Section 102(34) of the Controlled Substances Act (21

25 U.S.C. 802(34)) is amended—
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1 (1) by striking subparagraphs (O), (U), and

2 (W);

3 (2) by redesignating subparagraphs (P) through

4 (T) as (O) through (S), subparagraph (V) as (T),

5 and subparagraphs (X) and (Y) as (U) and (X), re6 spectively;

7 (3) in subparagraph (X), as redesignated by

8 paragraph (2), by striking ‘‘(X)’’ and inserting

9 ‘‘(U)’’; and

10 (4) by inserting after subparagraph (U), as re11 designated by paragraph (2), the following new sub12 paragraphs:

13 ‘‘(V) benzaldehyde.

14 ‘‘(W) nitroethane.’’.

15 SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS

16 AND CREATION OF REGULAR IMPORTER STA17 TUS.

18 (a) DEFINITION.—Section 102(37) of the Controlled

19 Substances Act (21 U.S.C. 802(37)) is amended to read

20 as follows:

21 ‘‘(37) The term ‘regular importer’ means, with re22 spect to a listed chemical, a person that has an established

23 record as an importer of that listed chemical that is re24 ported to the Attorney General.’’.
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1 (b) NOTIFICATION.—Section 1018 of the Controlled

2 Substances Act (21 U.S.C. 971) is amended—

3 (1) in subsection (b)—

4 (A) in paragraph (1) by striking ‘‘regular

5 supplier of the regulated person’’ and inserting

6 ‘‘to an importation by a regular importer’’; and

7 (B) in paragraph (2)—

8 (i) by striking ‘‘a customer or supplier

9 of a regulated person’’ and inserting ‘‘a

10 customer of a regulated person or to an

11 importer’’; and

12 (ii) by striking ‘‘regular supplier’’ and

13 inserting ‘‘the importer as a regular im14 porter’’; and

15 (2) in subsection (c)(1) by striking ‘‘regular

16 supplier’’ and inserting ‘‘regular importer’’.

17 SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHOR18 ITY.

19 Section 510 of the Controlled Substances Act (21

20 U.S.C. 880) is amended—

21 (1) by amending subsection (a)(2) to read as

22 follows:

23 ‘‘(2) places, including factories, warehouses,

24 and other establishments, and conveyances, where

25 persons registered under section 303 (or exempt
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1 from registration under section 302(d) or by regula2 tion of the Attorney General) or regulated persons

3 may lawfully hold, manufacture, distribute, dispense,

4 administer, or otherwise dispose of controlled sub5 stances or listed chemicals or where records relating

6 to those activities are maintained.’’; and

7 (2) in subsection (b)(3)—

8 (A) in subparagraph (B) by inserting ‘‘,

9 listed chemicals,’’ after ‘‘unfinished drugs’’; and

10 (B) in subparagraph (C) by inserting ‘‘or

11 listed chemical’’ after ‘‘controlled substance’’

12 and inserting ‘‘or chemical’’ after ‘‘such sub13 stance’’.

14 SEC. 1520. THRESHOLD AMOUNTS.

15 Section 102(39)(A) of the Controlled Substances Act

16 (21 U.S.C. 802(39)(A)), as amended by section 2, is

17 amended by inserting ‘‘of a listed chemical, or if the Attor18 ney General establishes a threshold amount for a specific

19 listed chemical,’’ before ‘‘a threshold amount, including a

20 cumulative threshold amount for multiple transactions’’.

21 SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.

22 (a) IN GENERAL.—Part C of the Controlled Sub23 stances Act (21 U.S.C. 821 et seq.) is amended by adding

24 at the end the following new section:
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1 ‘‘MANAGEMENT OF LISTED CHEMICALS

2 ‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a per3 son who possesses a listed chemical with the intent that

4 it be used in the illegal manufacture of a controlled sub5 stance to manage the listed chemical or waste from the

6 manufacture of a controlled substance otherwise than as

7 required by regulations issued under sections 3001, 3002,

8 3003, 3004, and 3005 of the Solid Waste Disposal Act

9 (42 U.S.C. 6921, 6922, 6923, 6924, and 6925).

10 ‘‘(b) ENHANCED PENALTY.—(1) In addition to a

11 penalty that may be imposed for the illegal manufacture,

12 possession, or distribution of a listed chemical or toxic res13 idue of a clandestine laboratory, a person who violates sub14 section (a) shall be assessed the costs described in para15 graph (2) and shall be imprisoned as described in para16 graph (3).

17 ‘‘(2) Pursuant to paragraph (1) a defendant shall be

18 assessed the following costs to the United States, a State,

19 or another authority or person that undertakes to correct

20 the results of the improper management of a listed chemi21 cal:

22 ‘‘(A) The cost of initial cleanup and disposal of

23 the listed chemical and contaminated property.
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1 ‘‘(B) The cost of restoring property that is

2 damaged by exposure to a listed chemical for reha3 bilitation under Federal, State, and local standards.

4 ‘‘(3)(A) A violation of subsection (a) shall be pun5 ished as a class D felony, or in the case of a willful viola6 tion, as a class C felony.

7 ‘‘(B) Pursuant to its authority under section 944 of

8 title 28, United States Code, the United States Sentencing

9 Commission shall amend its sentencing guidelines to pro10 vide for an appropriate enhancement of punishment for

11 a willful violation of subsection (a).

12 ‘‘(4) A court may order that all or a portion of the

13 earnings from work performed by a defendant in prison

14 be withheld for payment of costs assessed under para15 graph (2).

16 ‘‘(c) USE OF FORFEITED ASSETS.—The Attorney

17 General may direct that assets forfeited under section 511

18 in connection with a prosecution under this section be

19 shared with State agencies that participated in the seizure

20 or cleaning up of a contaminated site.’’.

21 (b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—

22 Section 523(a) of title 11, United States Code, is amend23 ed—

24 (1) by striking ‘‘or’’ at the end of paragraph

25 (11);
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1 (2) by striking the period at the end of para2 graph (12) and inserting ‘‘; or’’; and

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

4 paragraph:

5 ‘‘(13) for costs assessed under section 311(b) of

6 the Controlled Substances Act.’’.

7 SEC. 1522. FORFEITURE EXPANSION.

8 Section 511(a) of the Controlled Substances Act (21

9 U.S.C. 881(a)) is amended—

10 (1) in paragraph (6) by inserting ‘‘or listed

11 chemical’’ after ‘‘controlled substance’’; and

12 (2) in paragraph (9) by striking ‘‘a felony pro13 vision of’’.

14 SEC. 1523. REGULATIONS AND EFFECTIVE DATE.

15 (a) REGULATIONS.—The Attorney General shall, not

16 later than 90 days after the date of enactment of this Act,

17 issue regulations necessary to carry out this title.

18 (b) EFFECTIVE DATE.—This title and the amend19 ments made by this title shall become effective on the date

20 that is 120 days after the date of enactment of this Act.

21 Subtitle C—General Provisions

22 SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DAN23 GEROUS DRUGS UNDER RICO.

24 Section 1961(1) of title 18, United States Code, is

25 amended by striking ‘‘narcotic or other dangerous drugs’’
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1 each place it appears and inserting ‘‘a controlled substance

2 or listed chemical, as defined in section 102 of the Con3 trolled Substances Act’’.

4 SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST

5 PENALTY PROVISIONS OF THE CONTROLLED

6 SUBSTANCES ACT AND THE CONTROLLED

7 SUBSTANCES IMPORT AND EXPORT ACT.

8 (a) Sections 401(b)(1) (B), (C), and (D) of the Con9 trolled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and

10 (D)) and sections 1010(b) (1), (2), and (3) of the Con11 trolled Substances Import and Export Act (21 U.S.C.

12 960(b) (1), (2), and (3)) are each amended in the sentence

13 or sentences beginning ‘‘If any person commits’’ by strik14 ing ‘‘one or more prior convictions’’ through ‘‘have become

15 final’’ and inserting ‘‘a prior conviction for a felony drug

16 offense has become final’’.

17 (b) Section 1012(b) of the Controlled Substances Im18 port and Export Act (21 U.S.C. 962(b)) is amended by

19 striking ‘‘one or more prior convictions of him for a felony

20 under any provision of this title or title II or other law

21 of a State, the United States, or a foreign country relating

22 to narcotic drugs, marihuana, or depressant or stimulant

23 drugs, have become final’’ and inserting ‘‘one or more

24 prior convictions of such person for a felony for a felony

25 drug offense have become final’’.
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1 (c) 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 (d) 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. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF

15 THE PROVISION OF PUBLIC LAW 101–516

16 THAT CONDITIONS PORTIONS OF A STATE’S

17 FEDERAL HIGHWAY FUNDING ON THE

18 STATE’S ENACTMENT OF LEGISLATION RE19 QUIRING THE REVOCATION OF THE DRIVER’S

20 LICENSES OF CONVICTED DRUG ABUSERS.

21 The Attorney General, in consultation with the Sec22 retary of Transportation, shall implement a program of

23 national awareness of section 333 of Public Law 101–516.

24 The program shall notify the Governors and State Rep25 resentatives of the requirements of that section.
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1 SEC. 1534. ADVERTISING.

2 Section 403 of the Controlled Substances Act (21

3 U.S.C. 843) is amended—

4 (1) by redesignating subsections (c) and (d) as

5 subsections (d) and (e), respectively; and

6 (2) by inserting after subsection (b) the follow7 ing new subsection:

8 ‘‘(c) It shall be unlawful for any person to print, pub9 lish, place, or otherwise cause to appear in any newspaper,

10 magazine, handbill, or other publications, any written ad11 vertisement knowing that it has the purpose of seeking

12 or offering illegally to receive, buy, or distribute a Sched13 ule I controlled substance. As used in this section the term

14 ‘advertisement’ includes, in addition to its ordinary mean15 ing, such advertisements as those for a catalog of Schedule

16 I controlled substances and any similar written advertise17 ment that has the purpose of seeking or offering illegally

18 to receive, buy, or distribute a Schedule I controlled sub19 stance. The term ‘advertisement’ does not include material

20 which merely advocates the use of a similar material,

21 which advocates a position or practice, and does not at22 tempt to propose or facilitate an actual transaction in a

23 Schedule I controlled substance.’’.

24 SEC. 1535. NATIONAL DRUG CONTROL STRATEGY.

25 (a) IN GENERAL.—Section 1005(a) of the National

26 Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is
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1 amended by adding at the end the following new para2 graph:

3 ‘‘(5) Beginning with the first submission of a Na4 tional Drug Control Strategy to Congress after the date

5 of the enactment of the Violent Crime Control and Law

6 Enforcement Act of 1993, the goals, objectives, and prior7 ities of such Strategy shall include a goal for expanding

8 the availability of treatment for drug addiction.’’.

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that among the long-term goals of the National

11 Drug Control Strategy should be the availability of drug

12 treatment to all who are in need of such treatment.

13 SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFI14 CERS OF DISCOVERIES OF CONTROLLED SUB15 STANCES OR LARGE SUMS OF CASH IN EX16 CESS OF $10,000 IN WEAPON SCREENING.

17 Section 315 of the Federal Aviation Act of 1958 (49

18 U.S.C. App. 1356) is amended—

19 (1) by redesignating subsection (c) as sub20 section (d); and

21 (2) by inserting after subsection (b) the follow22 ing new subsection:

23 ‘‘(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR

24 CASH IN EXCESS OF $10,000.—Not later than 90 days

25 after the date of the enactment of this section, the Admin-
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1 istrator shall issue regulations requiring employees and

2 agents referred to in subsection (a) to report to appro3 priate Federal and State law enforcement officers any in4 cident in which the employee or agent, in the course of

5 conducting screening procedures pursuant to subsection

6 (a), discovers a controlled substance the possession of

7 which may be a violation of Federal or State law, or any

8 sizable sums of cash in excess of $10,000 the possession

9 of which may be a violation of Federal or State law.’’.

10 TITLE XVI—DRUNK DRIVING

11 PROVISIONS

12 SEC. 1601. SHORT TITLE.

13 This title may be cited as the ‘‘Drunk Driving Child

14 Protection Act of 1993’’.

15 SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JU16 RISDICTION.

17 Section 13(b) of title 18, United States Code, is

18 amended—

19 (1) by striking ‘‘For purposes’’ and inserting

20 ‘‘(1) Subject to paragraph (2) and for purposes’’;

21 and

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

23 paragraph:

24 ‘‘(2)(A) In addition to any term of imprisonment pro25 vided for operating a motor vehicle under the influence
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1 of a drug or alcohol imposed under the law of a State,

2 territory, possession, or district, the punishment for such

3 an offense under this section shall include an additional

4 term of imprisonment of not more than 1 year, or if seri5 ous bodily injury of a minor is caused, 5 years, or if death

6 of a minor is caused, 10 years, and an additional fine of

7 not more than $1,000, or both, if—

8 ‘‘(i) a minor (other than the offender) was

9 present in the motor vehicle when the offense was

10 committed; and

11 ‘‘(ii) the law of the State, territory, possession,

12 or district in which the offense occurred does not

13 provide an additional term of imprisonment under

14 the circumstances described in clause (i).

15 ‘‘(B) For the purposes of subparagraph (A), the term

16 ‘minor’ means a person less than 18 years of age.’’.

17 SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUS18 TODY AND VISITATION RIGHTS.

19 It is the sense of the Congress that in determining

20 child custody and visitation rights, the courts should take

21 into consideration the history of drunk driving that any

22 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 leading 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) Reviewing all segments of our criminal jus4 tice system, including the law enforcement, prosecu5 tion, defense, judicial, corrections components in de6 veloping 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. 1711. SHORT TITLE.

12 This subtitle may be cited as the ‘‘National Commis13 sion to Study the Causes of the Demand for Drugs in the

14 United States’’.

15 SEC. 1712. ESTABLISHMENT.

16 There is established a National Commission to Study

17 the Causes of the Demand for Drugs in the United States

18 (referred to in this subtitle as the ‘‘Commission’’).

19 SEC. 1713. DUTIES.

20 (a) IN GENERAL.—The Commission shall—

21 (1) examine the root causes of illicit drug use

22 and abuse in the United States, including by compil23 ing existing research regarding those root causes;

24 (2) evaluate the efforts being made to prevent

25 drug abuse;
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1 (3) identify the existing gaps in drug abuse pol2 icy that result from the lack of attention to the root

3 causes of drug abuse;

4 (4) assess the needs of Government at all levels

5 for resources and policies for reducing the overall de6 sire of individuals to experiment with and abuse il7 licit drugs; and

8 (5) make recommendations regarding necessary

9 improvements in policies for reducing the use of il10 licit drugs in the United States.

11 (b) EXAMINATION.—Matters examined by the Com12 mission under this section shall include the following:

13 (1) CHARACTERISTICS.—The characteristics of

14 potential illicit drug users and abusers or drug traf15 fickers, including age and social, economic, and edu16 cational backgrounds.

17 (2) ENVIRONMENT.—Environmental factors

18 that contribute to illicit drug use and abuse, includ19 ing the correlation between unemployment, poverty,

20 and homelessness on drug experimentation and

21 abuse.

22 (3) ASSOCIATIONS AND SOCIAL RELATION23 SHIPS.—The effects of substance use and abuse by

24 a relative or friend in contributing to the likelihood
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1 and desire of an individual to experiment with illicit

2 drugs.

3 (4) CULTURE.—Aspects of, and changes in,

4 philosophical or religious beliefs, cultural values, at5 titudes toward authority, status of basic social units

6 (such as families), and traditions that contribute to

7 illicit drug use and abuse.

8 (5) PHYSIOLOGICAL AND PSYCHOLOGICAL FAC9 TORS.—The physiological and psychological factors

10 that contribute to the desire for illicit drugs.

11 (6) EFFORTS OF GOVERNMENTS.—The current

12 status of Federal, State, and local efforts regarding

13 the causes of illicit drug use and abuse, including a

14 review of drug strategies being promoted by Federal,

15 State, and local authorities to address the causes of

16 illicit drug use and abuse.

17 SEC. 1714. MEMBERSHIP.

18 (a) NUMBER AND APPOINTMENT.—

19 (1) IN GENERAL.—The Commission shall con20 sist of 13 members, as follows:

21 (A) PRESIDENT.—Three individuals ap22 pointed by the President.

23 (B) SENATE.—Five individuals appointed

24 jointly by the majority and minority leaders of

25 the Senate. Not more than 3 members ap-
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1 pointed under this paragraph may be of the

2 same political party. At least 1 member ap3 pointed under this paragraph shall be a recover4 ing drug user.

5 (C) HOUSE OF REPRESENTATIVES.—Five

6 individuals appointed jointly by the Speaker,

7 majority leader, and minority leader of the

8 House of Representatives. Not more than 3

9 members appointed under this paragraph may

10 be of the same political party. At least 1 mem11 ber appointed under this paragraph shall be a

12 recovering drug abuser.

13 (2) GOALS IN MAKING APPOINTMENTS.—In ap14 pointing individuals as members of the Commission,

15 the President and the majority and minority leaders

16 of the House of Representatives and the Senate shall

17 seek to ensure that—

18 (A) the membership of the Commission re19 flects the racial, ethnic, and gender diversity of

20 the United States; and

21 (B) members are specially qualified to

22 serve on the Commission by reason of their edu23 cation, training, expertise, or experience in—

24 (i) sociology;

25 (ii) psychology;
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1 (iii) law;

2 (iv) bio-medicine;

3 (v) addiction; and

4 (vi) ethnography and urban poverty,

5 including health care, housing, education,

6 and employment.

7 (b) PROHIBITION AGAINST OFFICER OR EM8 PLOYEE.—Each individual appointed under subsection (a)

9 shall not be an officer or employee of any government and

10 shall be qualified to serve the Commission by virtue of

11 education, training, or experience.

12 (c) DEADLINE FOR APPOINTMENT.—Members of the

13 Commission shall be appointed within 60 days after the

14 date of the enactment of this Act for the life of the Com15 mission.

16 (d) MEETINGS.—The Commission shall have its

17 headquarters in the District of Columbia, and shall meet

18 at least once each month for a business session that shall

19 be conducted by the Chairperson.

20 (e) QUORUM.—Seven members of the Commission

21 shall constitute a quorum, but a lesser number may hold

22 hearings.

23 (f) CHAIRPERSON AND VICE CHAIRPERSON.—No

24 later than 15 days after the members of the Commission
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1 are appointed, such members shall designate a Chair2 person and Vice Chairperson of the Commission.

3 (g) CONTINUATION OF MEMBERSHIP.—If a member

4 of the Commission later becomes an officer or employee

5 of any government, the individual may continue as a mem6 ber until a successor is appointed.

7 (h) VACANCIES.—A vacancy in the Commission shall

8 be filled not later than 30 days after the Commission is

9 informed of the vacancy in the manner in which the origi10 nal appointment was made.

11 (i) COMPENSATION.—

12 (1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem13 bers of the Commission shall receive no additional

14 pay, allowances, or benefits by reason of their serv15 ice on the Commission.

16 (2) TRAVEL EXPENSES.—Each member of the

17 Commission shall receive travel expenses, including

18 per diem in lieu of subsistence, in accordance with

19 sections 5702 and 5703 of title 5, United States

20 Code.

21 SEC. 1715. STAFF AND SUPPORT SERVICES.

22 (a) DIRECTOR.—The Chairperson shall appoint a di23 rector after consultation with the members of the Commis24 sion, who shall be paid the rate of basic pay for level V

25 of the Executive Schedule.
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1 (b) STAFF.—With the approval of the Commission,

2 the director may appoint personnel as the director consid3 ers appropriate.

4 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

5 staff of the Commission shall be appointed without regard

6 to the provisions of title 5, United States Code, governing

7 appointments in the competitive service, and shall be paid

8 without regard to the provisions of chapter 51 and sub9 chapter III of chapter 53 of that title relating to classifica10 tion and General Schedule pay rates.

11 (d) EXPERTS AND CONSULTANTS.—With the ap12 proval of the Commission, the director may procure tem13 porary and intermittent services under section 3109(b) of

14 title 5, United States Code.

15 (e) STAFF OF FEDERAL AGENCIES.—Upon the re16 quest of the Commission, the head of any Federal agency

17 may detail, on a reimbursable basis, any of the personnel

18 of that agency to the Commission to assist in carrying out

19 its duties under this Act.

20 (f) OTHER RESOURCES.—The Commission shall have

21 reasonable access to materials, resources, statistical data,

22 and other information from the Library of Congress, as

23 well as agencies and elected representatives of the execu24 tive and legislative branches of government. The Chair-
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1 person of the Commission shall make requests in writing

2 where necessary.

3 (g) PHYSICAL FACILITIES.—The General Services

4 Administration shall find suitable office space for the op5 eration of the Commission. The facilities shall serve as the

6 headquarters of the Commission and shall include all nec7 essary equipment and incidentals required for proper func8 tioning.

9 SEC. 1716. POWERS OF COMMISSION.

10 (a) HEARINGS.—The Commission may conduct pub11 lic hearings or forums at its discretion, at any time and

12 place it is able to secure facilities and witnesses, for the

13 purpose of carrying out its duties.

14 (b) DELEGATION OF AUTHORITY.—Any member or

15 agent of the Commission may, if authorized by the Com16 mission, take any action the Commission is authorized to

17 take by this section.

18 (c) INFORMATION.—The Commission may secure di19 rectly from any Federal agency information necessary to

20 enable it to carry out this Act. Upon request of the Chair21 person or Vice Chairperson of the Commission, the head

22 of a Federal agency shall furnish the information to the

23 Commission to the extent permitted by law.

24 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis25 sion may accept, use, and dispose of gifts, bequests, or
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1 devices of services or property, both real and personal, for

2 the purpose of aiding or facilitating the work of the Com3 mission. Gifts, bequests, or devises of money and proceeds

4 from sales of other property received as gifts, bequests,

5 or devices shall be deposited in the Treasury and shall be

6 available for disbursement upon order of the Commission.

7 (e) MAILS.—The Commission may use the United

8 States mails in the same manner and under the same con9 ditions as other Federal agencies.

10 SEC. 1717. REPORTS.

11 (a) MONTHLY REPORTS.—The Commission shall

12 submit monthly activity reports to the President and the

13 Congress.

14 (b) REPORTS.—

15 (1) INTERIM REPORT.—The Commission shall

16 submit an interim report to the President and the

17 Congress not later than 1 year before the termi18 nation of the Commission. The interim report shall

19 contain a detailed statement of the findings and con20 clusions of the Commission, together with its rec21 ommendations for legislative and administrative ac22 tion based on the Commission’s activities to date. A

23 strategy for disseminating the report to Federal,

24 State, and local authorities shall be formulated and
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1 submitted with the formal presentation of the report

2 to the President and the Congress.

3 (2) FINAL REPORT.—Not later than the date of

4 the termination of the Commission, the Commission

5 shall submit to the Congress and the President a

6 final report with a detailed statement of final find7 ings, conclusions, and recommendations, including

8 an assessment of the extent to which recommenda9 tions of the Commission included in the interim re10 port under paragraph (1) have been implemented.

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. 1718. 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. 1721. SHORT TITLE.

24 This subtitle may be cited as the ‘‘National Commis25 sion to Support Law Enforcement Act’’.
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1 SEC. 1722. CONGRESSIONAL FINDINGS.

2 The Congress finds that—

3 (1) law enforcement officers risk their lives

4 daily to protect citizens, for modest rewards and too

5 little recognition;

6 (2) a significant shift has occurred in the prob7 lems that law enforcement officers face without a

8 corresponding change in the support from the Fed9 eral Government;

10 (3) law enforcement officers are on the front

11 line in the war against drugs and crime;

12 (4) the rate of violent crime continues to in13 crease along with the increase in drug use;

14 (5) a large percentage of individuals arrested

15 test positive for drug usage;

16 (6) the Presidential Commission on Law En17 forcement and the Administration of Justice of 1965

18 focused attention on many issues affecting law en19 forcement, and a review twenty-five years later

20 would help to evaluate current problems, including

21 drug-related crime, violence, racial conflict, and de22 creased funding; and

23 (7) a comprehensive study of law enforcement

24 issues, including the role of the Federal Government

25 in supporting law enforcement officers, working con26 ditions, and responsibility for crime control would
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1 assist in redefining the relationships between the

2 Federal Government, the public, and law enforce3 ment officials.

4 SEC. 1723. ESTABLISHMENT.

5 There is established a national commission to be

6 known as the ‘‘National Commission to Support Law En7 forcement’’ (referred to in this subtitle as the ‘‘Commis8 sion’’).

9 SEC. 1724. DUTIES.

10 (a) IN GENERAL.—The Commission shall study and

11 recommend changes regarding law enforcement agencies

12 and law enforcement issues on the Federal, State, and

13 local levels, including the following:

14 (1) FUNDING.—The sufficiency of funding, in15 cluding a review of grant programs at the Federal

16 level.

17 (2) EMPLOYMENT.—The conditions of law en18 forcement employment.

19 (3) INFORMATION.—The effectiveness of infor20 mation-sharing systems, intelligence, infrastructure,

21 and procedures among law enforcement agencies of

22 Federal, State, and local governments.

23 (4) RESEARCH AND TRAINING.—The status of

24 law enforcement research and education and train25 ing.
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1 (5) EQUIPMENT AND RESOURCES.—The ade2 quacy of equipment, physical resources, and human

3 resources.

4 (6) COOPERATION.—The cooperation among

5 Federal, State, and local law enforcement agencies.

6 (7) RESPONSIBILITY.—The responsibility of

7 governments and law enforcement agencies in solv8 ing the crime problem.

9 (8) IMPACT.—The impact of the criminal jus10 tice system, including court schedules and prison

11 overcrowding, on law enforcement.

12 (b) CONSULTATION.—The Commission shall conduct

13 surveys and consult with focus groups of law enforcement

14 officers, local officials, and community leaders across the

15 Nation to obtain information and seek advice on important

16 law enforcement issues.

17 SEC. 1725. MEMBERSHIP.

18 (a) NUMBER AND APPOINTMENT.—The Commission

19 shall be composed of 23 members as follows:

20 (1) Seven individuals from national law enforce21 ment organizations representing law enforcement of22 ficers, of whom—

23 (A) Two shall be appointed by the Speaker

24 of the House of Representatives;
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1 (B) Two shall be appointed by the majority

2 leader of the Senate;

3 (C) One shall be appointed by the minority

4 leader of the House of Representatives;

5 (D) One shall be appointed by the minority

6 leader of the Senate; and

7 (E) One shall be appointed by the Presi8 dent.

9 (2) Seven individuals from national law enforce10 ment organizations representing law enforcement

11 management, of whom—

12 (A) Two shall be appointed by the Speaker

13 of the House of Representatives;

14 (B) Two shall be appointed by the majority

15 leader of the Senate;

16 (C) One shall be appointed by the minority

17 leader of the House of Representatives;

18 (D) One shall be appointed by the minority

19 leader of the Senate; and

20 (E) One shall be appointed by the Presi21 dent.

22 (3) Two individuals with academic expertise re23 garding law enforcement issues, of whom—
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1 (A) One shall be appointed by the Speaker

2 of the House of Representatives and the major3 ity leader of the Senate.

4 (B) One shall be appointed by the minority

5 leader of the Senate and the minority leader of

6 the House of Representatives.

7 (4) Two Members of the House of Representa8 tives, appointed by the Speaker and the minority

9 leader of the House of Representatives.

10 (5) Two Members of the Senate, appointed by

11 the majority leader and the minority leader of the

12 Senate.

13 (6) One individual involved in Federal law en14 forcement from the Department of the Treasury, ap15 pointed by the President.

16 (7) One individual from the Department of Jus17 tice, appointed by the President.

18 (8) One individual representing a State or local

19 governmental entity, such as a Governor, mayor, or

20 State Attorney General, to be appointed by the Ma21 jority Leader of the Senate.

22 (9) One individual representing a State or local

23 governmental entity, such as a Governor, mayor, or

24 State Attorney General, to be appointed by the

25 Speaker of the House of Representatives.
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1 (10) One individual representing a State or

2 local governmental entity, such as a governor,

3 mayor, or State attorney general, to be appointed by

4 the President.

5 (b) COMPTROLLER GENERAL.—The Comptroller

6 General shall serve in an advisory capacity and shall over7 see the methodology and approach of the Commission’s

8 study.

9 (c) CHAIRPERSON.—Upon their appointment the

10 members of the Commission shall select one of their num11 ber to act as chairperson.

12 (d) COMPENSATION.—

13 (1) IN GENERAL.—Members of the Commission

14 shall receive no additional pay, allowance, or benefit

15 by reason of service on the Commission.

16 (2) TRAVEL EXPENSES.—Each member of the

17 Commission shall receive travel expenses, including

18 per diem in lieu of subsistence, in accordance with

19 sections 5702 and 5703 of title 5, United States

20 Code.

21 (e) APPOINTMENT DATES.—Members of the Com22 mission shall be appointed no later than 90 days after the

23 enactment of this Act.
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1 SEC. 1726. EXPERTS AND CONSULTANTS.

2 (a) EXPERTS AND CONSULTANTS.—The Commission

3 may procure temporary and intermittent services under

4 section 3109(b) of title 5, United States Code.

5 (b) STAFF OF FEDERAL AGENCIES.—Upon request

6 of the Commission, the head of any Federal agency is au7 thorized to detail, on a reimbursable basis, any of the per8 sonnel of that agency to the Commission to assist the

9 Commission in carrying out its duties under this title.

10 (c) ADMINISTRATIVE SUPPORT.—The Administrator

11 of General Services shall provide to the Commission, on

12 a reimbursable basis, administrative support services as

13 the Commission may request.

14 SEC. 1727. POWERS OF COMMISSION.

15 (a) HEARINGS.—The Commission may, for purposes

16 of this title, hold hearings, sit and act at the times and

17 places, take testimony, and receive evidence, as the Com18 mission considers appropriate.

19 (b) DELEGATION OF AUTHORITY.—Any member or

20 agent of the Commission may, if authorized by the Com21 mission, take any action the Commission is authorized to

22 take by this section.

23 (c) INFORMATION.—The Commission may secure di24 rectly from any Federal agency information necessary to

25 enable it to carry out this title. Upon request of the chair26 person of the Commission, the head of an agency shall
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1 furnish the information to the Commission to the extent

2 permitted by law.

3 (d) GIFTS AND DONATIONS.—The Commission may

4 accept, use, and dispose of gifts or donations of services

5 or property.

6 (e) MAILS.—The Commission may use the United

7 States mails in the same manner and under the same con8 ditions as other Federal agencies.

9 SEC. 1728. REPORT.

10 Not later than the expiration of the eighteen-month

11 period beginning on the date of the appointment of the

12 members of the Commission, a report containing the find13 ings of the Commission and specific proposals for legisla14 tion and administrative actions that the Commission has

15 determined to be appropriate shall be submitted to Con16 gress.

17 SEC. 1729. TERMINATION.

18 The Commission shall cease to exist upon the expira19 tion of the 60-day period beginning on the date on which

20 the Commission submits its report under section 1738.

21 SEC. 1730. REPEALS.

22 Title XXXIV of the Crime Control Act of 1990 (Pub23 lic Law 101–647; 104 Stat. 4918) and title II, section

24 211B of the Departments of Commerce, Justice, and

25 State, the Judiciary, and Related Agencies Appropriations
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1 Act, 1991 (Public Law 101–515; 104 Stat. 2122) are re2 pealed.

3 TITLE XVIII—BAIL POSTING

4 REPORTING

5 SEC. 1801. SHORT TITLE.

6 This title may be cited as the ‘‘Illegal Drug Profits

7 Act of 1993’’.

8 SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT

9 CLERKS.

10 (a) IN GENERAL.—Each clerk of a Federal or State

11 criminal court shall report to the Internal Revenue Serv12 ice, in a form and manner as prescribed by the Secretary

13 of the Treasury, the name and taxpayer identification

14 number of—

15 (1) any individual charged with any criminal of16 fense who posts cash bail, or on whose behalf cash

17 bail is posted, in an amount exceeding $10,000; and

18 (2) any individual or entity (other than a li19 censed bail bonding individual or entity) posting

20 such cash bail for or on behalf of such individual.

21 (b) CRIMINAL OFFENSES.—For purposes of sub22 section (a), the term ‘‘criminal offense’’ means—

23 (1) any Federal criminal offense involving a

24 controlled substance;
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1 (2) racketeering (as defined in section 1951,

2 1952, or 1955 of title 18, United States Code);

3 (3) money laundering (as defined in section

4 1956 or 1957 of title 18, United States Code); and

5 (4) any violation of State criminal law involving

6 an offense substantially similar to an offense de7 scribed in paragraph (1), (2), or (3).

8 (c) COPY TO PROSECUTORS.—Each clerk shall sub9 mit a copy of each report of cash bail described in sub10 section (a) to—

11 (1) the office of the United States Attorney;

12 and

13 (2) the office of the local prosecuting attorney,

14 for the jurisdiction in which the defendant resides

15 (and the jurisdiction in which the criminal offense

16 occurred, if different).

17 (d) REGULATIONS.—The Secretary of the Treasury

18 shall promulgate such regulations as are necessary within

19 90 days of the date of enactment of this Act.

20 (e) EFFECTIVE DATE.—This section shall become ef21 fective 60 days on the date of the promulgation of regula22 tions under subsection (d).
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1 TITLE XIX—MOTOR VEHICLE

2 THEFT PREVENTION

3 SEC. 1901. SHORT TITLE.

4 This title may be cited as the ‘‘Motor Vehicle Theft

5 Prevention Act’’.

6 SEC. 1902. MOTOR VEHICLE THEFT PREVENTION PRO7 GRAM.

8 (a) IN GENERAL.—Not later than 180 days after the

9 date of enactment of this section, the Attorney General

10 shall develop, in cooperation with the States, a national

11 voluntary motor vehicle theft prevention program (in this

12 section referred to as the ‘‘program’’) under which—

13 (1) the owner of a motor vehicle may volun14 tarily sign a consent form with a participating State

15 or locality in which the motor vehicle owner—

16 (A) states that the vehicle is not normally

17 operated under certain specified conditions; and

18 (B) agrees to—

19 (i) display program decals or devices

20 on the owner’s vehicle; and

21 (ii) permit law enforcement officials in

22 any State to stop the motor vehicle and

23 take reasonable steps to determine whether

24 the vehicle is being operated by or with the

25 permission of the owner, if the vehicle is
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1 being operated under the specified condi2 tions; and

3 (2) participating States and localities authorize

4 law enforcement officials in the State or locality to

5 stop motor vehicles displaying program decals or de6 vices under specified conditions and take reasonable

7 steps to determine whether the vehicle is being oper8 ated by or with the permission of the owner.

9 (b) UNIFORM DECAL OR DEVICE DESIGNS.—

10 (1) IN GENERAL.—The motor vehicle theft pre11 vention program developed pursuant to this section

12 shall include a uniform design or designs for decals

13 or other devices to be displayed by motor vehicles

14 participating in the program.

15 (2) TYPE OF DESIGN.—The uniform design

16 shall—

17 (A) be highly visible; and

18 (B) explicitly state that the motor vehicle

19 to which it is affixed may be stopped under the

20 specified conditions without additional grounds

21 for establishing a reasonable suspicion that the

22 vehicle is being operated unlawfully.

23 (c) VOLUNTARY CONSENT FORM.—The voluntary

24 consent form used to enroll in the program shall—
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1 (1) clearly state that participation in the pro2 gram is voluntary;

3 (2) clearly explain that participation in the pro4 gram means that, if the participating vehicle is being

5 operated under the specified conditions, law enforce6 ment officials may stop the vehicle and take reason7 able steps to determine whether it is being operated

8 by or with the consent of the owner, even if the law

9 enforcement officials have no other basis for believ10 ing that the vehicle is being operated unlawfully;

11 (3) include an express statement that the vehi12 cle is not normally operated under the specified con13 ditions and that the operation of the vehicle under

14 those conditions would provide sufficient grounds for

15 a prudent law enforcement officer to reasonably be16 lieve that the vehicle was not being operated by or

17 with the consent of the owner; and

18 (4) include any additional information that the

19 Attorney General may reasonably require.

20 (d) SPECIFIED CONDITIONS UNDER WHICH STOPS

21 MAY BE AUTHORIZED.—

22 (1) IN GENERAL.—The Attorney General shall

23 promulgate rules establishing the conditions under

24 which participating motor vehicles may be author25 ized to be stopped under this section. These condi-
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1 tions may not be based on race, creed, color, na2 tional origin, gender, or age. These conditions may

3 include—

4 (A) the operation of the vehicle during cer5 tain hours of the day; or

6 (B) the operation of the vehicle under

7 other circumstances that would provide a suffi8 cient basis for establishing a reasonable sus9 picion that the vehicle was not being operated

10 by the owner, or with the consent of the owner.

11 (2) MORE THAN ONE SET OF CONDITIONS.—

12 The Attorney General may establish more than one

13 set of conditions under which participating motor ve14 hicles may be stopped. If more than one set of condi15 tions is established, a separate consent form and a

16 separate design for program decals or devices shall

17 be established for each set of conditions. The Attor18 ney General may choose to satisfy the requirement

19 of a separate design for program decals or devices

20 under this paragraph by the use of a design color

21 that is clearly distinguishable from other design col22 ors.

23 (3) NO NEW CONDITIONS WITHOUT CON24 SENT.—After the program has begun, the conditions

25 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. 1903. 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) A person who—
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1 ‘‘(1) knowingly removes, obliterates, tampers

2 with, or alters an identification number for a motor

3 vehicle or motor vehicle part; or

4 ‘‘(2) with intent to further the theft of a motor

5 vehicle, knowingly removes, obliterates, tampers

6 with, or alters a decal or device affixed to a motor

7 vehicle pursuant to the Motor Vehicle Theft Preven8 tion Act,

9 shall be fined under this title, imprisoned not more than

10 5 years, or both.’’.

11 (b) EXCEPTED PERSONS.—Paragraph (2) of section

12 511(b) of title 18, United States Code, is amended—

13 (1) by striking ‘‘and’’ after the semicolon in

14 subparagraph (B);

15 (2) by striking the period at the end of sub16 paragraph (C) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following new sub18 paragraph:

19 ‘‘(D) a person who removes, obliterates,

20 tampers with, or alters a decal or device affixed

21 to a motor vehicle pursuant to the Motor Vehi22 cle Theft Prevention Act, if that person is the

23 owner of the motor vehicle, or is authorized to

24 remove, obliterate, tamper with or alter the

25 decal or device by—
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1 ‘‘(i) the owner or his authorized

2 agent;

3 ‘‘(ii) applicable State or local law; or

4 ‘‘(iii) regulations promulgated by the

5 Attorney General to implement the Motor

6 Vehicle Theft Prevention Act.’’.

7 (c) DEFINITION.—Section 511 of title 18, United

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

9 following:

10 ‘‘(d) For purposes of subsection (a) of this section,

11 the term ‘tampers with’ includes covering a program decal

12 or device affixed to a motor vehicle pursuant to the Motor

13 Vehicle Theft Prevention Act for the purpose of obstruct14 ing its visibility.’’.

15 (d) UNAUTHORIZED APPLICATION OF A DECAL OR

16 DEVICE.—

17 (1) IN GENERAL.—Chapter 25 of title 18, Unit18 ed States Code, is amended by adding after section

19 511 the following new section:

20 ‘‘§ 511A. Unauthorized application of theft prevention

21 decal or device

22 ‘‘(a) Whoever affixes to a motor vehicle a theft pre23 vention decal or other device, or a replica thereof, unless

24 authorized to do so pursuant to the Motor Vehicle Theft
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1 Prevention Act, shall be punished by a fine not to exceed

2 $1,000.

3 ‘‘(b) For purposes of this section, the term ‘theft pre4 vention decal or device’ means a decal or other device de5 signed in accordance with a uniform design for such de6 vices developed pursuant to the Motor Vehicle Theft Pre7 vention Act.’’.

8 (2) TECHNICAL AMENDMENT.—The chapter

9 analysis for chapter 25 of title 18, United States

10 Code, is amended by adding after the item relating

11 to section 511 the following new item:

‘‘511A. Unauthorized application of theft prevention decal or device.’’.

12 TITLE XX—PROTECTIONS FOR

13 THE ELDERLY

14 SEC. 2001. MISSING ALZHEIMER’S DISEASE PATIENT ALERT

15 PROGRAM.

16 (a) GRANT.—The Attorney General shall award a

17 grant to an eligible organization to assist the organization

18 in paying for the costs of planning, designing, establishing,

19 and operating a Missing Alzheimer’s Disease Patient Alert

20 Program, which shall be a locally based, proactive program

21 to protect and locate missing patients with Alzheimer’s

22 disease and related dementias.

23 (b) APPLICATION.—To be eligible to receive a grant

24 under subsection (a), an organization shall submit an ap25 plication to the Attorney General at such time, in such
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1 manner, and containing such information as the Attorney

2 General may require, including, at a minimum, an assur3 ance that the organization will obtain and use assistance

4 from private nonprofit organizations to support the pro5 gram.

6 (c) ELIGIBLE ORGANIZATION.—The Attorney Gen7 eral shall award the grant described in subsection (a) to

8 a national voluntary organization that has a direct link

9 to patients, and families of patients, with Alzheimer’s dis10 ease and related dementias.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section

13 $1,000,000 for each of fiscal years 1995, 1996, and 1997.

14 SEC. 2002. CRIMES AGAINST THE ELDERLY.

15 (a) IN GENERAL.—Pursuant to its authority under

16 the Sentencing Reform Act of 1984 and section 21 of the

17 Sentencing Act of 1987 (including its authority to amend

18 the sentencing guidelines and policy statements) and its

19 authority to make such amendments on an emergency

20 basis, the United States Sentencing Commission shall en21 sure that the applicable guideline range for a defendant

22 convicted of a crime of violence against an elderly victim

23 is sufficiently stringent to deter such a crime, to protect

24 the public from additional crimes of such a defendant, and
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1 to adequately reflect the heinous nature of such an of2 fense.

3 (b) CRITERIA.—In carrying out subsection (a), the

4 United States Sentencing Commission shall ensure that—

5 (1) the guidelines provide for increasingly se6 vere punishment for a defendant commensurate with

7 the degree of physical harm caused to the elderly

8 victim;

9 (2) the guidelines take appropriate account of

10 the vulnerability of the victim; and

11 (3) the guidelines provide enhanced punishment

12 for a defendant convicted of a crime of violence

13 against an elderly victim who has previously been

14 convicted of a crime of violence against an elderly

15 victim, regardless of whether the conviction occurred

16 in Federal or State court.

17 (c) DEFINITIONS.—In this section—

18 ‘‘crime of violence’’ means an offense under sec19 tion 113, 114, 1111, 1112, 1113, 1117, 2241, 2242,

20 or 2244 of title 18, United States Code.

21 ‘‘elderly victim’’ means a victim who is 65 years

22 of age or older at the time of an offense.
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1 TITLE XXI—CONSUMER

2 PROTECTION

3 SEC. 2101. CRIMES BY OR AFFECTING PERSONS ENGAGED

4 IN THE BUSINESS OF INSURANCE WHOSE AC5 TIVITIES AFFECT INTERSTATE COMMERCE.

6 (a) IN GENERAL.—Chapter 47 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing new sections:

9 ‘‘§ 1033. Crimes by or affecting persons engaged in

10 the business of insurance whose activi11 ties affect interstate commerce

12 ‘‘(a)(1) Whoever is engaged in the business of insur13 ance whose activities affect interstate commerce and, with

14 the intent to deceive, knowingly makes any false material

15 statement or report or willfully and materially overvalues

16 any land, property or security—

17 ‘‘(A) in connection with any financial reports or

18 documents presented to any insurance regulatory of19 ficial or agency or an agent or examiner appointed

20 by such official or agency to examine the affairs of

21 such person, and

22 ‘‘(B) for the purpose of influencing the actions

23 of such official or agency or such an appointed agent

24 or examiner,

25 shall be punished as provided in paragraph (2).
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1 ‘‘(2) The punishment for an offense under paragraph

2 (1) is a fine as established under this title or imprison3 ment for not more than 10 years, or both, except that

4 the term of imprisonment shall be not more than 15 years

5 if the statement or report or overvaluing of land, property,

6 or security jeopardizes the safety and soundness of an in7 surer.

8 ‘‘(b)(1) Whoever—

9 ‘‘(A) acting as, or being an officer, director,

10 agent, or employee of, any person engaged in the

11 business of insurance whose activities affect inter12 state commerce, or

13 ‘‘(B) is engaged in the business of insurance

14 whose activities affect interstate commerce or is in15 volved (other than as an insured or beneficiary

16 under a policy of insurance) in a transaction relating

17 to the conduct of affairs of such a business,

18 willfully embezzles, abstracts, purloins, or misappropriates

19 any of the moneys, funds, premiums, credits, or other

20 property of such person so engaged shall be punished as

21 provided in paragraph (2).

22 ‘‘(2) The punishment for an offense under paragraph

23 (1) is a fine as provided under this title or imprisonment

24 for not more than 10 years, or both, except that if such

25 embezzlement, abstraction, purloining, or misappropria-
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1 tion described in paragraph (1) jeopardizes the safety and

2 soundness of an insurer, such imprisonment shall be not

3 more than 15 years. If the amount or value so embezzled,

4 abstracted, purloined, or misappropriated does not exceed

5 $5,000, whoever violates paragraph (1) shall be fined as

6 provided in this title or imprisoned not more than one

7 year, or both.

8 ‘‘(c)(1) Whoever is engaged in the business of insur9 ance and whose activities affect interstate commerce or is

10 involved (other than as an insured or beneficiary under

11 a policy of insurance) in a transaction relating to the con12 duct of affairs of such a business, knowingly makes any

13 false entry of material fact in any book, report, or state14 ment of such person engaged in the business of insurance

15 with intent to—

16 ‘‘(A) deceive any person about the financial

17 condition or solvency of such business, or

18 ‘‘(B) deceive any officer, employee, or agent of

19 such person engaged in the business of insurance,

20 any insurance regulatory official or agency, or any

21 agent or examiner appointed by such official or

22 agency to examine the affairs of such person about

23 the financial condition or solvency of such business,

24 shall be punished as provided in paragraph (2).
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1 ‘‘(2) The punishment for an offense under paragraph

2 (1) is a fine as provided under this title or imprisonment

3 for not more than 10 years, or both, except that if the

4 false entry in any book, report, or statement of such per5 son jeopardizes the safety and soundness of an insurer,

6 such imprisonment shall be not more than 15 years.

7 ‘‘(d) Whoever, by threats or force or by any threaten8 ing letter or communication, corruptly influences, ob9 structs, or impedes or endeavors corruptly to influence, ob10 struct, or impede the due and proper administration of

11 the law under which any proceeding involving the business

12 of insurance whose activities affect interstate commerce

13 is pending before any insurance regulatory official or

14 agency or any agent or examiner appointed by such official

15 or agency to examine the affairs of a person engaged in

16 the business of insurance whose activities affect interstate

17 commerce, shall be fined as provided in this title or impris18 oned not more than 10 years, or both.

19 ‘‘(e)(1)(A) Any individual who has been convicted of

20 any criminal felony involving dishonesty or a breach of

21 trust, or who has been convicted of an offense under this

22 section, and who willfully engages in the business of insur23 ance whose activities affect interstate commerce or partici24 pates in such business, shall be fined as provided in this

25 title or imprisoned not more than 5 years, or both.
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1 ‘‘(B) Any individual who is engaged in the business

2 of insurance whose activities affect interstate commerce

3 and who willfully permits the participation described in

4 subparagraph (A) shall be fined as provided in this title

5 or imprisoned not more than 5 years, or both.

6 ‘‘(2) A person described in paragraph (1)(A) may en7 gage in the business of insurance or participate in such

8 business if such person has the written consent of any in9 surance regulatory official authorized to regulate the in10 surer, which consent specifically refers to this subsection.

11 ‘‘(f) As used in this section—

12 ‘‘(1) the term ‘business of insurance’ means—

13 ‘‘(A) the writing of insurance, or

14 ‘‘(B) the reinsuring of risks,

15 by an insurer, including all acts necessary or inci16 dental to such writing or reinsuring and the activi17 ties of persons who act as, or are, officers, directors,

18 agents, or employees of insurers or who are other

19 persons authorized to act on behalf of such persons;

20 ‘‘(2) the term ‘insurer’ means any entity the

21 business activity of which is the writing of insurance

22 or the reinsuring of risks or any receiver or similar

23 official or any liquidating agent for such an entity,

24 in his or her capacity as such, and includes any per-
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1 son who acts as, or is, an officer, director, agent, or

2 employee of that business;

3 ‘‘(3) the term ‘interstate commerce’ means—

4 ‘‘(A) commerce within the District of Co5 lumbia, or any territory or possession of the

6 United States;

7 ‘‘(B) all commerce between any point in

8 the State, territory, possession, or the District

9 of Columbia and any point outside thereof;

10 ‘‘(C) all commerce between points within

11 the same State through any place outside such

12 State; or

13 ‘‘(D) all other commerce over which the

14 United States has jurisdiction; and

15 ‘‘(4) the term ‘State’ includes any State, the

16 District of Columbia, the Commonwealth of Puerto

17 Rico, the Northern Mariana Islands, the Virgin Is18 lands, American Samoa, and the Trust Territory of

19 the Pacific Islands.

20 ‘‘§ 1034. Civil penalties and injunctions for violations

21 of section 1033

22 ‘‘(a) The Attorney General may bring a civil action

23 in the appropriate United States district court against any

24 person who engages in conduct constituting an offense

25 under section 1033 and, upon proof of such conduct by
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1 a preponderance of the evidence, such person shall be sub2 ject to a civil penalty of not more than $50,000 for each

3 violation or the amount of compensation which the person

4 received or offered for the prohibited conduct, whichever

5 amount is greater. If the offense has contributed to the

6 decision of a court of appropriate jurisdiction to issue an

7 order directing the conservation, rehabilitation, or liquida8 tion of an insurer, such penalty shall be remitted to the

9 regulatory official for the benefit of the policyholders,

10 claimants, and creditors of such insurer. The imposition

11 of a civil penalty under this subsection does not preclude

12 any other criminal or civil statutory, common law, or ad13 ministrative remedy, which is available by law to the Unit14 ed States or any other person.

15 ‘‘(b) If the Attorney General has reason to believe

16 that a person is engaged in conduct constituting an of17 fense under section 1033, the Attorney General may peti18 tion an appropriate United States district court for an

19 order prohibiting that person from engaging in such con20 duct. The court may issue an order prohibiting that person

21 from engaging in such conduct if the court finds that the

22 conduct constitutes such an offense. The filing of a peti23 tion under this section does not preclude any other remedy

24 which is available by law to the United States or any other

25 person.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 47 of title 18, United States Code, is amended

3 by adding at the end the following new items:

‘‘1033. Crimes by or affecting persons engaged in the business of insurance

whose activities affect interstate commerce.

‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.

4 (c) MISCELLANEOUS AMENDMENTS TO TITLE 18,

5 UNITED STATES CODE.—

6 (1) TAMPERING WITH INSURANCE REGULATORY

7 PROCEEDINGS.—Section 1515(a)(1) of title 18,

8 United States Code, is amended—

9 (A) by striking ‘‘or’’ at the end of subpara10 graph (B);

11 (B) by inserting ‘‘or’’ at the end of sub12 paragraph (C); and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(D) a proceeding involving the business of

16 insurance whose activities affect interstate com17 merce before any insurance regulatory official

18 or agency or any agent or examiner appointed

19 by such official or agency to examine the affairs

20 of any person engaged in the business of insur21 ance whose activities affect interstate com22 merce;’’.
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1 (2) LIMITATIONS.—Section 3293 of title 18,

2 United States Code, is amended by inserting

3 ‘‘1033,’’ after ‘‘1014,’’.

4 (3) OBSTRUCTION OF CRIMINAL INVESTIGA5 TIONS.—Section 1510 of title 18, United States

6 Code, is amended by adding at the end the following

7 new subsection:

8 ‘‘(d)(1) Whoever—

9 ‘‘(A) acting as, or being, an officer, director,

10 agent or employee of a person engaged in the busi11 ness of insurance whose activities affect interstate

12 commerce, or

13 ‘‘(B) is engaged in the business of insurance

14 whose activities affect interstate commerce or is in15 volved (other than as an insured or beneficiary

16 under a policy of insurance) in a transaction relating

17 to the conduct of affairs of such a business,

18 with intent to obstruct a judicial proceeding, directly or

19 indirectly notifies any other person about the existence or

20 contents of a subpoena for records of that person engaged

21 in such business or information that has been furnished

22 to a Federal grand jury in response to that subpoena, shall

23 be fined as provided by this title or imprisoned not more

24 than 5 years, or both.
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1 ‘‘(2) As used in paragraph (1), the term ‘subpoena

2 for records’ means a Federal grand jury subpoena for

3 records that has been served relating to a violation of, or

4 a conspiracy to violate, section 1033 of this title.’’.

5 SEC. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD

6 FRAUD ACT OF 1993.

7 (a) SHORT TITLE.—This section may be cited as the

8 ‘‘Consumer Protection Against Credit Card Fraud Act of

9 1993’’.

10 (b) FRAUD AND RELATED ACTIVITY IN CONNECTION

11 WITH ACCESS DEVICES.—Section 1029 of title 18, United

12 States Code, is amended in subsection (a) by inserting

13 after paragraph (4) the following new paragraphs:

14 ‘‘(5) knowingly and with intent to defraud ef15 fects transactions, with one or more access devices

16 issued to another person or persons, to receive pay17 ment or any other thing of value during any one18 year period the aggregate value of which is equal to

19 or greater than $1,000;

20 ‘‘(6) without the authorization of the issuer of

21 the access device, knowingly and with intent to de22 fraud solicits a person for the purpose of—

23 ‘‘(A) offering an access device; or

24 ‘‘(B) selling information regarding or an

25 application to obtain an access device; or
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1 ‘‘(7) without the authorization of the credit

2 card system member or its agent, knowingly and

3 with intent to defraud causes or arranges for an4 other person to present to the member or its agent,

5 for payment, one or more evidences or records of

6 transactions made by an access device;’’.

7 (c) TECHNICAL AMENDMENTS.—Section 1029 of title

8 18, United States Code, as amended by subsection (b),

9 is amended—

10 (1) in subsection (a) by striking ‘‘or’’ at the end

11 of paragraph (3);

12 (2) in subsection (c)(1) by striking ‘‘(a)(2) or

13 (a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;

14 and

15 (3) in subsection (e) by—

16 (A) striking ‘‘and’’ at the end of paragraph

17 (5);

18 (B) adding ‘‘and’’ at the end of paragraph

19 (6); and

20 (C) adding at the end thereof the following

21 new paragraph:

22 ‘‘(7) the term ‘credit card system member’

23 means a financial institution or other entity that is

24 a member of a credit card system, including an en25 tity, whether it is affiliated with or identical to the
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1 credit card issuer, that is the sole member of a cred2 it card system.’’.

3 SEC. 2103. MAIL FRAUD.

4 Section 1341 of title 18, United States Code, is

5 amended—

6 (1) by inserting ‘‘or deposits or causes to be de7 posited any matter or thing whatever to be sent or

8 delivered by any private or commercial interstate

9 carrier,’’ after ‘‘Postal Service,’’; and

10 (2) by inserting ‘‘or such carrier’’ after ‘‘causes

11 to be delivered by mail’’.

12 TITLE XXII—FINANCIAL INSTITU13 TION FRAUD PROSECUTIONS

14 SEC. 2201. SHORT TITLE.

15 This title may be cited as the ‘‘Financial Institutions

16 Fraud Prosecution Act of 1991’’.

17 SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMEND18 MENT.

19 Section 19(a) of the Federal Deposit Insurance Act

20 (12 U.S.C. 1829(a)) is amended in paragraph

21 (2)(A)(i)(I)—

22 (1) by striking ‘‘or 1956’’; and

23 (2) by inserting ‘‘1517, 1956, or 1957’’.
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1 SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.

2 Section 205(d) of the Federal Credit Union Act (12

3 U.S.C. 1785(d)) is amended to read as follows:

4 ‘‘(d) PROHIBITION.—

5 ‘‘(1) IN GENERAL.—Except with prior written

6 consent of the Board—

7 ‘‘(A) any person who has been convicted of

8 any criminal offense involving dishonesty or a

9 breach of trust, or has agreed to enter into a

10 pretrial diversion or similar program in connec11 tion with a prosecution for such offense, may

12 not—

13 ‘‘(i) become, or continue as, an insti14 tution-affiliated party with respect to any

15 insured credit union; or

16 ‘‘(ii) otherwise participate, directly or

17 indirectly, in the conduct of the affairs of

18 any insured credit union; and

19 ‘‘(B) any insured credit union may not

20 permit any person referred to in subparagraph

21 (A) to engage in any conduct or continue any

22 relationship prohibited under such subpara23 graph.

24 ‘‘(2) MINIMUM 10-YEAR PROHIBITION PERIOD

25 FOR CERTAIN OFFENSES.—
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1 ‘‘(A) IN GENERAL.—If the offense referred

2 to in paragraph (1)(A) in connection with any

3 person referred to in such paragraph is—

4 ‘‘(i) an offense under—

5 ‘‘(I) section 215, 656, 657, 1005,

6 1006, 1007, 1008, 1014, 1032, 1344,

7 1517, 1956, or 1957 of title 18, Unit8 ed States Code; or

9 ‘‘(II) section 1341 or 1343 of

10 such title which affects any financial

11 institution (as defined in section 20 of

12 such title); or

13 ‘‘(ii) the offense of conspiring to com14 mit any such offense,

15 the Board may not consent to any exception to

16 the application of paragraph (1) to such person

17 during the 10-year period beginning on the date

18 the conviction or the agreement of the person

19 becomes final.

20 ‘‘(B) EXCEPTION BY ORDER OF SENTENC21 ING COURT.—

22 ‘‘(i) IN GENERAL.—On motion of the

23 Board, the court in which the conviction or

24 the agreement of a person referred to in

25 subparagraph (A) has been entered may
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1 grant an exception to the application of

2 paragraph (1) to such person if granting

3 the exception is in the interest of justice.

4 ‘‘(ii) PERIOD FOR FILING.—A motion

5 may be filed under clause (i) at any time

6 during the 10-year period described in sub7 paragraph (A) with regard to the person

8 on whose behalf such motion is made.

9 ‘‘(3) PENALTY.—Whoever knowingly violates

10 paragraph (1) or (2) shall be fined not more than

11 $1,000,000 for each day such prohibition is violated

12 or imprisoned for not more than 5 years, or both.’’.

13 SEC. 2204. CRIME CONTROL ACT AMENDMENT.

14 Section 2546 of the Crime Control Act of 1990 (Pub15 lic Law 101–647, 104 Stat. 4885) is amended by adding

16 at the end the following new subsection:

17 ‘‘(c) FRAUD TASK FORCES REPORT.—In addition to

18 the reports required under subsection (a), the Attorney

19 General is encouraged to submit a report to the Congress

20 containing the findings of the financial institutions fraud

21 task forces established under section 2539 as they relate

22 to the collapse of private deposit insurance corporations,

23 together with recommendations for any regulatory or leg24 islative changes necessary to prevent such collapses in the

25 future.’’.
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1 TITLE XXIII—SAVINGS AND LOAN

2 PROSECUTION TASK FORCE

3 SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.

4 The Attorney General shall establish within the Jus5 tice Department a savings and loan criminal fraud task

6 force to prosecute in an aggressive manner those criminal

7 cases involving savings and loan institutions.

8 TITLE XXIV—SENTENCING

9 PROVISIONS

10 SEC. 2401. IMPOSITION OF SENTENCE.

11 Section 3553(a)(4) of title 18, United States Code,

12 is amended to read as follows:

13 ‘‘(4) the kinds of sentence and the sentencing

14 range established for—

15 ‘‘(A) the applicable category of offense

16 committed by the applicable category of defend17 ant as set forth in the guidelines issued by the

18 Sentencing Commission pursuant to section

19 994(a)(1) of title 28, United States Code, and

20 that are in effect on the date the defendant is

21 sentenced; or

22 ‘‘(B) in the case of a violation of probation

23 or supervised release, the applicable guidelines

24 or policy statements issued by the Sentencing
390

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1 Commission pursuant to section 994(a)(3) of

2 title 28, United States Code;’’.

3 SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CON4 DITIONS OF PROBATION.

5 Section 3563(a)(3) of title 18, United States Code,

6 is amended by striking ‘‘possess illegal controlled sub7 stances’’ and inserting ‘‘unlawfully possess a controlled

8 substance’’.

9 SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.

10 Section 3583 of title 18, United States Code, is

11 amended—

12 (1) in subsection (d), by striking ‘‘possess ille13 gal controlled substances’’ and inserting ‘‘unlawfully

14 possess a controlled substance’’;

15 (2) in subsection (e)—

16 (A) by striking ‘‘person’’ each place such

17 term appears in such subsection and inserting

18 ‘‘defendant’’; and

19 (B) by amending paragraph (3) to read as

20 follows:

21 ‘‘(3) revoke a term of supervised release, and

22 require the defendant to serve in prison all or part

23 of the term of supervised release authorized by stat24 ute for the offense that resulted in such term of su25 pervised release without credit for time previously
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1 served on postrelease supervision, if the court, pur2 suant to the Federal Rules of Criminal Procedure

3 applicable to revocation of probation or supervised

4 release, finds by a preponderance of the evidence

5 that the defendant violated a condition of supervised

6 release, except that a defendant whose term is re7 voked under this paragraph may not be required to

8 serve more than 5 years in prison if the offense that

9 resulted in the term of supervised release is a class

10 A felony, more than 3 years in prison if such offense

11 is a class B felony, more than 2 years in prison if

12 such offense is a class C or D felony, or more than

13 one year in any other case; or’’; and

14 (3) by adding at the end the following new sub15 sections:

16 ‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA17 TION.—When a term of supervised release is revoked and

18 the defendant is required to serve a term of imprisonment

19 that is less than the maximum term of imprisonment au20 thorized under subsection (e)(3), the court may include

21 a requirement that the defendant be placed on a term of

22 supervised release after imprisonment. The length of such

23 a term of supervised release shall not exceed the term of

24 supervised release authorized by statute for the offense

25 that resulted in the original term of supervised release,
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1 less any term of imprisonment that was imposed upon rev2 ocation of supervised release.

3 ‘‘(i) DELAYED REVOCATION.—The power of the court

4 to revoke a term of supervised release for violation of a

5 condition of supervised release, and to order the defendant

6 to serve a term of imprisonment and, subject to the limita7 tions in subsection (h), a further term of supervised re8 lease, extends beyond the expiration of the term of super9 vised release for any period reasonably necessary for the

10 adjudication of matters arising before its expiration if, be11 fore its expiration, a warrant or summons has been issued

12 on the basis of an allegation of such a violation.’’.

13 TITLE XXV—SENTENCING AND

14 MAGISTRATES AMENDMENTS

15 SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OF16 FENSES IN CERTAIN CASES.

17 Section 3561(a)(3) of title 18, United States Code,

18 is amended by adding at the end: ‘‘However, this para19 graph does not preclude the imposition of a sentence to

20 a term of probation for a petty offense if the defendant

21 has been sentenced to a term of imprisonment at the same

22 time for another such offense.’’.
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1 SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE

2 CASES.

3 Section 3401 of title 18, United States Code, is

4 amended—

5 (1) in subsection (b) by adding ‘‘other than a

6 petty offense’’ after ‘‘misdemeanor’’; and

7 (2) in subsection (g) by amending the first sen8 tence to read as follows: ‘‘The magistrate judge may,

9 in a petty offense case involving a juvenile, exercise

10 all powers granted to the district court under chap11 ter 403 of this title.’’.

12 TITLE XXVI—COMPUTER CRIME

13 SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.

14 (a) SHORT TITLE.—This title may be cited as the

15 ‘‘Computer Abuse Amendments Act of 1993’’.

16 (b) PROHIBITION.—Section 1030(a)(5) of title 18,

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

18 ‘‘(5)(A) through means of a computer used in

19 interstate commerce or communications, knowingly

20 causes the transmission of a program, information,

21 code, or command to a computer or computer sys22 tem if—

23 ‘‘(i) the person causing the transmission

24 intends that such transmission 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 or net7 work, information, data or program; and

8 ‘‘(ii) the transmission of the harmful com9 ponent of the program, information, code, or

10 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 value aggregating

18 $1,000 or more during any 1-year period;

19 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; or
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1 ‘‘(B) through means of a computer used in

2 interstate commerce or communication, knowingly

3 causes the transmission of a program, information,

4 code, or command to a computer or computer sys5 tem—

6 ‘‘(i) with reckless disregard of a substan7 tial and unjustifiable risk that the transmission

8 will—

9 ‘‘(I) damage, or cause damage to, a

10 computer, computer system, network, in11 formation, data or program; or

12 ‘‘(II) withhold or deny or cause the

13 withholding or denial of the use of a com14 puter, computer services, system, network,

15 information, data or program; and

16 ‘‘(ii) if the transmission of the harmful

17 component of the program, information, code,

18 or command—

19 ‘‘(I) occurred without the knowledge

20 and authorization of the persons or entities

21 who own or are responsible for the com22 puter system receiving the program, infor23 mation, code, or command; and

24 ‘‘(II)(aa) causes loss or damage to one

25 or more other persons of a value aggregat-
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1 ing $1,000 or more during any 1-year pe2 riod; or

3 ‘‘(bb) modifies or impairs, or poten4 tially modifies or impairs, the medical ex5 amination, medical diagnosis, medical

6 treatment, or medical care of one or more

7 individuals;’’.

8 (c) PENALTY.—Section 1030(c) of title 18, United

9 States Code is amended—

10 (1) in paragraph (2)(B) by striking ‘‘and’’ after

11 the semicolon;

12 (2) in paragraph (3)(A) by inserting ‘‘(A)’’

13 after ‘‘(a)(5)’’; and

14 (3) in paragraph (3)(B) by striking the period

15 at the end thereof and inserting ‘‘; and’’; and

16 (4) by adding at the end thereof the following:

17 ‘‘(4) a fine under this title or imprisonment for

18 not more than 1 year, or both, in the case of an of19 fense under subsection (a)(5)(B).’’.

20 (d) CIVIL ACTION.—Section 1030 of title 18, United

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

22 following new subsection:

23 ‘‘(g) Any person who suffers damage or loss by rea24 son of a violation of the section, other than a violation

25 of subsection (a)(5)(B), may maintain a civil action
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1 against the violator to obtain compensatory damages and

2 injunctive relief or other equitable relief. Damages for vio3 lations of any subsection other than subsection

4 (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to

5 economic damages. No action may be brought under this

6 subsection unless such action is begun within 2 years of

7 the date of the act complained of or the date of the discov8 ery of the damage.’’.

9 (e) REPORTING REQUIREMENTS.—Section 1030 of

10 title 18 United States Code, is amended by adding at the

11 end thereof the following new subsection:

12 ‘‘(h) The Attorney General and the Secretary of the

13 Treasury shall report to the Congress annually, during the

14 first 3 years following the date of the enactment of this

15 subsection, concerning investigations and prosecutions

16 under section 1030(a)(5) of title 18, United States

17 Code.’’.

18 (f) PROHIBITION.—Section 1030(a)(3) of title 18

19 United States Code, is amended by inserting ‘‘adversely’’

20 before ‘‘affects the use of the Government’s operation of

21 such computer’’.
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1 TITLE XXVII—INTERNATIONAL

2 PARENTAL KIDNAPPING

3 SEC. 2701. SHORT TITLE.

4 This subtitle may be cited as the ‘‘International Pa5 rental Kidnapping Crime Act of 1993’’.

6 SEC. 2702. TITLE 18 AMENDMENT.

7 (a) IN GENERAL.—Chapter 55 (relating to kidnap8 ping) of title 18, United States Code, is amended by add9 ing at the end the following new section:

10 ‘‘§ 1204. International parental kidnapping

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘ ‘child’ means a person who has not attained

13 the age of 16 years.

14 ‘‘ ‘parental rights’, with respect to a child,

15 means the right to physical custody of the child—

16 ‘‘(A) whether joint or sole (and includes

17 visiting rights); and

18 ‘‘(B) whether arising by operation of law,

19 court order, or legally binding agreement of the

20 parties.

21 ‘‘(b) OFFENSE.—A person who removes a child from

22 the United States or retains a child (who has been in the

23 United States) outside the United States with intent to

24 obstruct the lawful exercise of parental rights shall be
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1 fined under this title, imprisoned not more than 3 years,

2 or both.

3 ‘‘(c) AFFIRMATIVE DEFENSES.—It shall be an af4 firmative defense under this section that—

5 ‘‘(1) the defendant acted within the provisions

6 of a valid court order granting the defendant legal

7 custody or visitation rights, and that order was ob8 tained pursuant to the Uniform Child Custody Ju9 risdiction Act and was in effect at the time of the

10 offense;

11 ‘‘(2) the defendant was fleeing an incidence or

12 pattern of domestic violence; or

13 ‘‘(3) the defendant had physical custody of the

14 child pursuant to a court order granting legal cus15 tody or visitation rights and failed to return the

16 child as a result of circumstances beyond the defend17 ant’s control, and the defendant notified or made

18 reasonable attempts to notify the other parent or

19 lawful custodian of the child of such circumstances

20 within 24 hours after the visitation period had ex21 pired and returned the child as soon as possible.

22 ‘‘(d) RULE OF CONSTRUCTION.—This section does

23 not detract from The Hague Convention on the Civil As24 pects of International Parental Child Abduction, done at

25 The Hague on October 25, 1980.’’.
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1 (b) SENSE OF THE CONGRESS.—It is the sense of

2 the Congress that, inasmuch as use of the procedures

3 under the Hague Convention on the Civil Aspects of Inter4 national Parental Child Abduction has resulted in the re5 turn of many children, those procedures, in circumstances

6 in which they are applicable, should be the option of first

7 choice for a parent who seeks the return of a child who

8 has been removed from the parent.

9 (c) TECHNICAL AMENDMENT.—The chapter analysis

10 for chapter 55 of title 18, United States Code, is amended

11 by adding at the end the following new item:

‘‘1204. International parental kidnapping.’’.

12 SEC. 2703. STATE COURT PROGRAMS REGARDING INTER13 STATE AND INTERNATIONAL PARENTAL

14 CHILD ABDUCTION.

15 There is authorized to be appropriated $250,000 to

16 carry out under the State Justice Institute Act of 1984

17 (42 U.S.C. 10701 et seq.) national, regional, and in-State

18 training and educational programs dealing with criminal

19 and civil aspects of interstate and international parental

20 child abduction.

21 TITLE XXVIII—SAFE SCHOOLS

22 SEC. 2801. SHORT TITLE.

23 This title may be cited as the ‘‘Safe Schools Act of

24 1993’’.
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1 SEC. 2802. SAFE SCHOOLS.

2 (a) IN GENERAL.—Title I of the Omnibus Crime

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

4 et seq.), as amended by section 1204(a), is amended—

5 (1) by redesignating part W as part X;

6 (2) by redesignating section 2301 as section

7 2401; and

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

9 part:

10 ‘‘PART W—SAFE SCHOOLS ASSISTANCE

11 ‘‘SEC. 2301. GRANT AUTHORIZATION.

12 ‘‘(a) IN GENERAL.—The Director of the Bureau of

13 Justice Assistance, in consultation with the Secretary of

14 Education, may make grants to local educational agencies

15 for the purpose of providing assistance to such agencies

16 most directly affected by crime and violence.

17 ‘‘(b) MODEL PROJECT.—The Director, in consulta18 tion with the Secretary of Education, shall develop a writ19 ten safe schools model in English and in Spanish in a

20 timely fashion and make such model available to any local

21 educational agency that requests such information.

22 ‘‘SEC. 2302. USE OF FUNDS.

23 ‘‘Grants made by the Director under this part shall

24 be used—

25 ‘‘(1) to fund anticrime and safety measures and

26 to develop education and training programs for the
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1 prevention of crime, violence, and illegal drugs and

2 alcohol;

3 ‘‘(2) for counseling programs for victims of

4 crime within schools;

5 ‘‘(3) for crime prevention equipment, including

6 metal detectors and video-surveillance devices; and

7 ‘‘(4) for the prevention and reduction of the

8 participation of young individuals in organized crime

9 and drug and gang-related activities in schools.

10 ‘‘SEC. 2303. APPLICATIONS.

11 ‘‘(a) IN GENERAL.—In order to be eligible to receive

12 a grant under this part for any fiscal year, a local edu13 cational agency shall submit an application to the Director

14 in such form and containing such information as the Di15 rector may reasonably require.

16 ‘‘(b) REQUIREMENTS.—Each application under sub17 section (a) shall include—

18 ‘‘(1) a request for funds for the purposes de19 scribed in section 2302;

20 ‘‘(2) a description of the schools and commu21 nities to be served by the grant, including the nature

22 of the crime and violence problems within such

23 schools;

24 ‘‘(3) assurances that Federal funds received

25 under this part shall be used to supplement, not
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1 supplant, non-Federal funds that would otherwise be

2 available for activities funded under this part; and

3 ‘‘(4) statistical information in such form and

4 containing such information that the Director may

5 require regarding crime within schools served by

6 such local educational agency.

7 ‘‘(c) COMPREHENSIVE PLAN.—Each application shall

8 include a comprehensive plan that shall contain—

9 ‘‘(1) a description of the crime problems within

10 the schools targeted for assistance;

11 ‘‘(2) a description of the projects to be devel12 oped;

13 ‘‘(3) a description of the resources available in

14 the community to implement the plan together with

15 a description of the gaps in the plan that cannot be

16 filed with existing resources;

17 ‘‘(4) an explanation of how the requested grant

18 will be used to fill gaps;

19 ‘‘(5) a description of the system the applicant

20 will establish to prevent and reduce crime problems;

21 and

22 ‘‘(6) a description of educational materials to be

23 developed in Spanish.
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1 ‘‘SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON

2 GRANTS.

3 ‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di4 rector shall use not more than 5 percent of the funds avail5 able under this part for the purposes of administration

6 and technical assistance.

7 ‘‘(b) RENEWAL OF GRANTS.—A grant under this

8 part may be renewed for up to 2 additional years after

9 the first fiscal year during which the recipient receives its

10 initial grant under this part, subject to the availability of

11 funds, if—

12 ‘‘(1) the Director determines that the funds

13 made available to the recipient during the previous

14 year were used in a manner required under the ap15 proved application; and

16 ‘‘(2) the Director determines that an additional

17 grant is necessary to implement the crime prevention

18 program described in the comprehensive plan as re19 quired by section 2303(c).

20 ‘‘SEC. 2305. AWARD OF GRANTS.

21 ‘‘(a) SELECTION OF RECIPIENTS.—The Director, in

22 consultation with the Secretary of Education, shall con23 sider the following factors in awarding grants to local edu24 cational agencies:

25 ‘‘(1) CRIME PROBLEM.—The nature and scope

26 of the crime problem in the targeted schools.
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1 ‘‘(2) NEED AND ABILITY.—Demonstrated need

2 and evidence of the ability to provide the services de3 scribed in the plan required under section 2303(c).

4 ‘‘(3) POPULATION.—The number of students to

5 be served by the plan required under section

6 2303(c).

7 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director

8 shall attempt, to the extent practicable, to achieve an equi9 table geographic distribution of grant awards.

10 ‘‘SEC. 2306. REPORTS.

11 ‘‘(a) REPORT TO DIRECTOR.—Local educational

12 agencies that receive funds under this part shall submit

13 to the Director a report not later than March 1 of each

14 year that describes progress achieved in carrying out the

15 plan required under section 2303(c).

16 ‘‘(b) REPORT TO CONGRESS.—The Director shall

17 submit to the Committee on Education and Labor and the

18 Committee on the Judiciary a report by October 1 of each

19 year in which grants are made available under this part

20 which shall contain a detailed statement regarding grant

21 awards, activities of grant recipients, a compilation of sta22 tistical information submitted by applicants under

23 2303(b)(4), and an evaluation of programs established

24 under this part.
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1 ‘‘SEC. 2307. DEFINITIONS.

2 ‘‘For the purposes of this part:

3 ‘‘(1) The term ‘Director’ means the Director of

4 the Bureau of Justice Assistance.

5 ‘‘(2) The term ‘local educational agency’ means

6 a public board of education or other public authority

7 legally constituted within a State for either adminis8 trative control or direction of, or to perform a serv9 ice function for, public elementary and secondary

10 schools in a city, county, township, school district, or

11 other political subdivision of a State, or such com12 bination of school districts of counties as are recog13 nized in a State as an administrative agency for its

14 public elementary and secondary schools. Such term

15 includes any other public institution or agency hav16 ing administrative control and direction of a public

17 elementary or secondary school.’’.

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

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

20 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec21 tion 1204(b), is amended by striking the matter relating

22 to part W and inserting the following:

‘‘PART W—SAFE SCHOOLS ASSISTANCE

‘‘Sec. 2301. Grant authorization.

‘‘Sec. 2302. Use of funds.

‘‘Sec. 2303. Applications.

‘‘Sec. 2304. Allocation of funds; limitations on grants.

‘‘Sec. 2305. Award of grants.

‘‘Sec. 2306. Reports.
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‘‘Sec. 2307. Definitions.

‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

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

3 Act of 1968 (42 U.S.C. 3793), as amended by section

4 1204(d), is amended—

5 (1) in paragraph (3) by striking ‘‘and V’’ and

6 inserting ‘‘V, and W’’; and

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

8 paragraph:

9 ‘‘(17) There are authorized to be appropriated to

10 carry out projects under part U $100,000,000 for each

11 of fiscal years 1994, 1995, and 1996.’’.

12 TITLE XXIX—MISCELLANEOUS

13 Subtitle A—Increases in Penalties

14 SEC. 2901. INCREASED PENALTIES FOR ASSAULT.

15 (a) CERTAIN OFFICERS AND EMPLOYEES.—Section

16 111 of title 18, United States Code, is amended—

17 (1) in subsection (a) by inserting ‘‘, where the

18 acts in violation of this section constitute only simple

19 assault, be fined under this title or imprisoned not

20 more than one year, or both, and in all other cases,’’

21 after ‘‘shall’’;

22 (2) in subsection (b) by inserting ‘‘or inflicts

23 bodily injury’’ after ‘‘weapon’’.
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1 (b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND

2 INTERNATIONALLY PROTECTED PERSONS.—Section

3 112(a) of title 18, United States Code, is amended—

4 (1) by striking ‘‘not more than $5,000’’ and in5 serting ‘‘under this title’’;

6 (2) by inserting ‘‘, or inflicts bodily injury,’’

7 after ‘‘weapon’’; and

8 (3) by striking ‘‘not more than $10,000’’ and

9 inserting ‘‘under this title’’.

10 (c) MARITIME AND TERRITORIAL JURISDICTION.—

11 Section 113 of title 18, United States Code, is amended—

12 (1) in subsection (c)—

13 (A) by striking ‘‘of not more than $1,000’’

14 and inserting ‘‘under this title’’; and

15 (B) by striking ‘‘five’’ and inserting ‘‘ten’’;

16 and

17 (2) in subsection (e)—

18 (A) by striking ‘‘of not more than $300’’

19 and inserting ‘‘under this title’’; and

20 (B) by striking ‘‘three’’ and inserting

21 ‘‘six’’.

22 (d) CONGRESS, CABINET, OR SUPREME COURT.—

23 Section 351(e) of title 18, United States Code, is amend24 ed—
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1 (1) by striking ‘‘not more than $5,000,’’ and in2 serting ‘‘under this title,’’;

3 (2) by inserting ‘‘the assault involved in the use

4 of a dangerous weapon, or’’ after ‘‘if’’;

5 (3) by striking ‘‘not more than $10,000’’ and

6 inserting ‘‘under this title’’; and

7 (4) by striking ‘‘for’’.

8 (e) PRESIDENT AND PRESIDENT’S STAFF.—Section

9 1751(e) of title 18, United States Code, is amended—

10 (1) by striking ‘‘not more than $10,000,’’ both

11 places it appears and inserting ‘‘under this title,’’;

12 (2) by striking ‘‘not more than $5,000,’’ and in13 serting ‘‘under this title,’’; and

14 (3) by inserting ‘‘the assault involved the use of

15 a dangerous weapon, or’’ after ‘‘if ’’.

16 SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER.

17 Section 1112 of title 18, United States Code, is

18 amended—

19 (1) in subsection (b)—

20 (A) by inserting ‘‘fined under this title or’’

21 after ‘‘shall be’’ in the first undesignated para22 graph; and

23 (B) by inserting ‘‘, or both’’ after ‘‘years’’;

24 (2) by striking ‘‘not more than $1,000’’ and in25 serting ‘‘under this title’’; and
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1 (3) by striking ‘‘three’’ and inserting ‘‘six’’.

2 SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIO3 LATIONS.

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

5 title 18, United States Code, is amended—

6 (1) by striking ‘‘not more than $10,000’’ and

7 inserting ‘‘under this title’’;

8 (2) by inserting ‘‘from the acts committed in

9 violation of this section or if such acts include kid10 napping or an attempt to kidnap, aggravated sexual

11 abuse or an attempt to commit aggravated sexual

12 abuse, or an attempt to kill’’ after ‘‘results’’;

13 (3) by striking ‘‘subject to imprisonment’’ and

14 inserting ‘‘fined under this title or imprisoned’’; and

15 (4) by inserting ‘‘, or both’’ after ‘‘life’’.

16 (b) DEPRIVATION OF RIGHTS.—Section 242 of title

17 18, United States Code, is amended—

18 (1) by striking ‘‘more more than $1,000’’ and

19 inserting ‘‘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 inserting ‘‘from the acts committed in

2 violation of this section or if such acts include kid3 napping or an attempt to kidnap, aggravated sexual

4 abuse, or an attempt to commit aggravated sexual

5 abuse, or an attempt to kill, shall be fined under this

6 title, or’’ after ‘‘death results’’;

7 (4) by striking ‘‘shall be subject to imprison8 ment’’ and inserting ‘‘imprisoned’’; and

9 (5) by inserting ‘‘, or both’’ after ‘‘life’’.

10 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

11 245(b) of title 18, United States Code, is amended in the

12 matter following paragraph (5)—

13 (1) by striking ‘‘not more than $1,000’’ and in14 serting ‘‘under this title’’;

15 (2) by inserting ‘‘from the acts committed in

16 violation of this section or if such acts include the

17 use, attempted use, or threatened use of a dangerous

18 weapon, explosives, or fire’’ after ‘‘bodily injury re19 sults;

20 (3) by striking ‘‘not more than $10,000’’ and

21 inserting ‘‘under this title’’;

22 (4) by inserting ‘‘from the acts committed in

23 violation of this section or if such acts include kid24 napping or an attempt to kidnap, aggravated sexual
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1 abuse or an attempt to commit aggravated sexual

2 abuse, or an attempt to kill,’’ after ‘‘death results’’;

3 (5) by striking ‘‘subject to imprisonment’’ and

4 inserting ‘‘fined under this title or imprisoned’’; and

5 (6) by inserting ‘‘, or both’’ after ‘‘life’’.

6 (d) DAMAGE TO RELIGIOUS PROPERTY.—Section

7 247 of title 18, United States Code, is amended—

8 (1) in subsection (c)(1) by inserting ‘‘from acts

9 committed in violation of this section or if such acts

10 include kidnapping or an attempt to kidnap, aggra11 vated sexual abuse or an attempt to commit aggra12 vated sexual abuse, or an attempt to kill’’ after

13 ‘‘death results’’;

14 (2) in subsection (c)(2)—

15 (A) by striking ‘‘serious’’; and

16 (B) by inserting ‘‘from the acts committed

17 in violation of this section or if such acts in18 clude the use, attempted use, or threatened use

19 of a dangerous weapon, explosives, or fire’’

20 after ‘‘bodily injury results’’; and

21 (3) by amending subsection (e) to read as fol22 lows:

23 ‘‘(e) As used in this section, the term ‘religious prop24 erty’ means any church, synagogue, mosque, religious

25 cemetery, or other religious property.’’.
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1 (e) FAIR HOUSING ACT.—Section 901 of the Fair

2 Housing Act (42 U.S.C. 3631) is amended—

3 (1) in the caption by striking ‘‘bodily injury;

4 death;’’;

5 (2) by striking ‘‘not more than $1,000,’’ and in6 serting ‘‘under this title’’;

7 (3) by inserting ‘‘from the acts committed in

8 violation of this section or if such acts include the

9 use, attempted use, or threatened use of a dangerous

10 weapon, explosives, or fire’’ after ‘‘bodily injury re11 sults’’;

12 (4) by striking ‘‘not more than $10,000,’’ and

13 inserting ‘‘under this title’’;

14 (5) by inserting ‘‘from the acts committed in

15 violation of this section or if such acts include kid16 napping or an attempt to kidnap, aggravated sexual

17 abuse or an attempt to commit aggravated sexual

18 abuse, or an attempt to kill,’’ after ‘‘death results’’;

19 (6) by striking ‘‘subject to imprisonment’’ and

20 inserting ‘‘fined under this title or imprisoned’’; and

21 (7) by inserting ‘‘, or both’’ after ‘‘life’’.

22 SEC. 2904. INCREASED PENALTIES FOR TRAFFICKING IN

23 COUNTERFEIT GOODS AND SERVICES.

24 (a) IN GENERAL.—Section 2320(a) of title 18, Unit25 ed States Code, is amended—
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1 (1) in the first sentence by striking ‘‘imprisoned

2 not more than five years’’ and inserting ‘‘imprisoned

3 not more than 10 years’’; and

4 (2) in the second sentence by striking ‘‘impris5 oned not more than fifteen years’’ and inserting

6 ‘‘imprisoned not more than 20 years’’.

7 (b) LAUNDERING MONETARY INSTRUMENTS.—Sec8 tion 1956(c)(7)(D) of title 18, United States Code, is

9 amended by striking ‘‘or section 2319 (relating to copy10 right infringement),’’ and inserting ‘‘section 2319 (relat11 ing to copyright infringement), or section 2320 (relating

12 to trafficking in counterfeit goods and services),’’.

13 SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COM14 MIT MURDER FOR HIRE.

15 Section 1958(a) of title 18, United States Code, is

16 amended by inserting ‘‘or who conspires to do so’’ before

17 ‘‘shall be fined’’ the first place it appears.

18 SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLA19 TIONS.

20 Section 1952(a) of title 18, United States Code, is

21 amended by striking ‘‘and thereafter performs or attempts

22 to perform any of the acts specified in subparagraphs (1),

23 (2), and (3), shall be fined not more than $10,000 or im24 prisoned for not more than 5 years, or both’’ and inserting

25 ‘‘and thereafter performs or attempts to perform (A) any
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1 of the acts described in paragraphs (1) and (3) shall be

2 fined under this title, imprisoned for not more than 5

3 years, or both, or (B) any of the acts described in para4 graph (2) shall be fined under this title, imprisoned for

5 not more than 20 years, or both, and if death results shall

6 be imprisoned for any term of years or for life’’.

7 Subtitle B—Extension of

8 Protection of Civil Rights Statutes

9 SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS

10 STATUTES.

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

12 title 18, United States Code, is amended by striking ‘‘in13 habitant of’’ and inserting ‘‘person in’’.

14 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

16 amended—

17 (1) by striking ‘‘inhabitant of’’ and inserting

18 ‘‘person in’’; and

19 (2) by striking ‘‘such inhabitant’’ and inserting

20 ‘‘such person’’.
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1 Subtitle C—Audit and Report

2 SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL

3 LAW ENFORCEMENT AGENCIES RECEIVING

4 FEDERAL ASSET FORFEITURE FUNDS.

5 (a) STATE REQUIREMENT.—Section 524(c)(7) of

6 title 28, United States Code, is amended to read as fol7 lows:

8 ‘‘(7)(A) The Fund shall be subject to annual

9 audit by the Comptroller General.

10 ‘‘(B) The Attorney General shall require that

11 any State or local law enforcement agency receiving

12 funds conduct an annual audit detailing the uses

13 and expenses to which the funds were dedicated and

14 the amount used for each use or expense and report

15 the results of the audit to the Attorney General.’’.

16 (b) INCLUSION IN ATTORNEY GENERAL’S REPORT.—

17 Section 524(c)(6)(C) of title 28, United States Code, is

18 amended by adding at the end the following flush sen19 tence: ‘‘The report should also contain all annual audit

20 reports from State and local law enforcement agencies re21 quired to be reported to the Attorney General under sub22 paragraph (B) of paragraph (7).’’.
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1 SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE

2 AND CONTRACTING EXPENSES.

3 Section 524(c)(6) of title 28, United States Code, is

4 amended—

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (B);

7 (2) by striking the period at the end of sub8 paragraph (C) and inserting ‘‘; and’’; and

9 (3) by adding at the end the following new sub10 paragraph:

11 ‘‘(D) a report for such fiscal year containing a

12 description of the administrative and contracting ex13 penses paid from the Fund under paragraph

14 (1)(A).’’.

15 Subtitle D—Gambling

16 SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR

17 THE ENFORCEMENT OF LAWS RELATING TO

18 GAMING.

19 A State gaming enforcement office located within a

20 State Attorney General’s office may obtain from the Inter21 state Identification Index of the FBI criminal history

22 record information for licensing purposes through an au23 thorized criminal justice agency.
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1 SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE

2 OF PROHIBITION AGAINST GAMBLING ON

3 SHIPS IN INTERNATIONAL WATERS.

4 (a) The first paragraph of section 1081 of title 18,

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

6 following: ‘‘Such term does not include a vessel with re7 spect to gambling aboard such vessel beyond the territorial

8 waters of the United States during a covered voyage (as

9 defined in section 4472 of the Internal Revenue Code of

10 1986 in effect as of September 21, 1993).’’.

11 Subtitle E—White Collar Crime

12 Amendments

13 SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR

14 KIDNAPPING.

15 (a) PROCEEDS OF EXTORTION.—Chapter 41 of title

16 18, United States Code, is amended—

17 (1) by adding at the end the following new sec18 tion:

19 ‘‘§ 880. Receiving the proceeds of extortion

20 ‘‘A person who receives, possesses, conceals, or dis21 poses of any money or other property which was obtained

22 from the commission of any offense under this chapter

23 that is punishable by imprisonment for more than 1 year,

24 knowing the same to have been unlawfully obtained, shall

25 be imprisoned not more than 3 years, fined under this

26 title, or both.’’; and
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1 (2) in the table of sections, by adding at the

2 end the following new item:

‘‘880. Receiving the proceeds of extortion.’’.

3 (b) RANSOM MONEY.—Section 1202 of title 18, Unit4 ed States Code, is amended—

5 (1) by designating the existing matter as sub6 section ‘‘(a)’’; and

7 (2) by adding the following new subsections:

8 ‘‘(b) A person who transports, transmits, or transfers

9 in interstate or foreign commerce any proceeds of a kid10 napping punishable under State law by imprisonment for

11 more than 1 year, or receives, possesses, conceals, or dis12 poses of any such proceeds after they have crossed a State

13 or United States boundary, knowing the proceeds to have

14 been unlawfully obtained, shall be imprisoned not more

15 than 10 years, fined under this title, or both.

16 ‘‘(c) For purposes of this section, the term ‘State’ has

17 the meaning set forth in section 245(d) of this title.’’.

18 SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROB19 BERY.

20 Section 2114 of title 18, United States Code, is

21 amended—

22 (1) by designating the existing matter as sub23 section (a); and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(b) A person who receives, possesses, conceals, or

2 disposes of any money or other property which has been

3 obtained in violation of this section, knowing the same to

4 have been unlawfully obtained, shall be imprisoned not

5 more than 10 years, fined under this title, or both.’’.

6 SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF

7 CIVIL INVESTIGATIVE DEMAND STATUTE.

8 Section 1505 of title 18, United States Code, is

9 amended by inserting ‘‘section 1968 of this title, section

10 3733 of title 31, United States Code or’’ before ‘‘the Anti11 trust Civil Process Act’’.

12 SEC. 2944. CONFORMING ADDITION OF PREDICATE OF13 FENSES TO FINANCIAL INSTITUTIONS RE14 WARDS STATUTE.

15 Section 3059A of title 18, United States Code, is

16 amended—

17 (1) by inserting ‘‘225,’’ after ‘‘215’’;

18 (2) by striking ‘‘or’’ before ‘‘1344’’; and

19 (3) by inserting ‘‘, or 1517’’ after ‘‘1344’’.

20 SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIA21 TION IN BANK ROBBERY STATUTE.

22 Section 2113 of title 18, United States Code, is

23 amended by adding at the end the following:

24 ‘‘(h) As used in this section, the term ‘savings and

25 loan association’ means (1) any Federal savings associa-
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1 tion or State savings association (as defined in section

2 3(b) of the Federal Deposit Insurance Act, 12 U.S.C.

3 1813(b)) having accounts insured by the Federal Deposit

4 Insurance Corporation, and (2) any corporation described

5 in section 3(b)(1)(C) of the Federal Deposit Insurance Act

6 (12 U.S.C. 1813(b)(1)(C)) which is operating under the

7 laws of the United States.’’.

8 SEC. 2946. CONFORMING DEFINITION OF ‘‘1-YEAR PERIOD’’

9 IN 18 U.S.C. 1516.

10 Section 1516(b) of title 18, United States Code, is

11 amended—

12 (1) by inserting ‘‘(i)’’ before ‘‘the term’’; and

13 (2) by inserting before the period the following:

14 ‘‘, and (ii) the term ‘in any 1 year period’ has the

15 meaning given to the term ‘in any 1-year period’ in

16 section 666 of this title.’’.

17 Subtitle F—Safer Streets and

18 Neighborhoods

19 SEC. 2951. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Safer Streets and

21 Neighborhoods Act of 1993’’.

22 SEC. 2952. LIMITATION ON GRANT DISTRIBUTION.

23 (a) AMENDMENT.—Section 510(b) of title I of the

24 Omnibus Crime Control and Safe Streets Act of 1968 (42
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1 U.S.C. 3760(b)) is amended by inserting ‘‘non-Federal’’

2 after ‘‘with’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect on October 1, 1993.

5 Subtitle G—Other Provisions

6 SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELAT7 ED OFFENSES.

8 (a) IN GENERAL.—Chapter 211 of title 18, United

9 States Code, is amended by inserting after section 3238

10 the following new section:

11 ‘‘§ 3239. Optional venue for espionage and related of12 fenses

13 ‘‘The trial for any offense involving a violation, begun

14 or committed upon the high seas or elsewhere out of the

15 jurisdiction of any particular State or district, of—

16 ‘‘(1) section 793, 794, 798, or section

17 1030(a)(1) of this title;

18 ‘‘(2) section 601 of the National Security Act of

19 1947 (50 U.S.C. 421); or

20 ‘‘(3) section 4(b) or 4(c) of the Subversive Ac21 tivities Control Act of 1950 (50 U.S.C. 783 (b) or

22 (c));

23 may be in the District of Columbia or in any other district

24 authorized by law.’’.
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1 (b) TECHNICAL AMENDMENT.—The item relating to

2 section 3239 in the table of sections of chapter 211 of

3 title 18, United States Code, is amended to read as fol4 lows:

‘‘3239. Optional venue for espionage and related offense.’’.

5 SEC. 2962. UNDERCOVER OPERATIONS.

6 (a) IN GENERAL.—Chapter 1 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 21. Stolen or counterfeit nature of property for

10 certain crimes defined

11 ‘‘(a) Wherever in this title it is an element of an of12 fense that—

13 ‘‘(1) any property was embezzled, robbed, sto14 len, converted, taken, altered, counterfeited, falsely

15 made, forged, or obliterated; and

16 ‘‘(2) the defendant knew that the property was

17 of such character;

18 such element may be established by proof that the defend19 ant, after or as a result of an official representation as

20 to the nature of the property, believed the property to be

21 embezzled, robbed, stolen, converted, taken, altered, coun22 terfeited, falsely made, forged, or obliterated.

23 ‘‘(b) For purposes of this section, the term ‘official

24 representation’ means any representation made by a Fed25 eral law enforcement officer (as defined in section 115)
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1 or by another person at the direction or with the approval

2 of such an officer.’’.

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

4 of chapter 1 of title 18, United States Code, is amended

5 by adding at the end the following new item:

‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.

6 SEC. 2963. UNDERCOVER OPERATIONS—CHURNING.

7 Section 7601(c)(3) of the Anti-Drug Abuse Act of

8 1988 (relating to effective date) is amended to read as

9 follows:

10 ‘‘(3) EFFECTIVE DATE.—The amendments

11 made by this subsection shall take effect on the date

12 of the enactment of this Act and shall cease to apply

13 after December 31, 1994.’’.

14 SEC. 2964. REPORT ON BATTERED WOMEN’S SYNDROME.

15 (a) REPORT.—Not less than 1 year after the date of

16 enactment of this Act, the Attorney General and the Sec17 retary of Health and Human Services shall transmit to

18 the Congress a report on the medical and psychological

19 basis of ‘‘battered women’s syndrome’’ and on the extent

20 to which evidence of the syndrome has been held to be

21 admissible as evidence of guilt or as a defense in a crimi22 nal trial.

23 (b) COMPONENTS OF THE REPORT.—The report de24 scribed in subsection (a) shall include—
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1 (1) medical and psychological testimony on the

2 validity of battered women’s syndrome as a psycho3 logical condition;

4 (2) a compilation of State and Federal court

5 cases that have admitted evidence of battered wom6 en’s syndrome as evidence of guilt as a defense in

7 criminal trials; and

8 (3) an assessment by State and Federal judges,

9 prosecutors, and defense attorneys on the effects

10 that evidence of battered women’s syndrome may

11 have in criminal trials.

12 SEC. 2965. WIRETAPS.

13 Section 2511(1) of title 18, United States Code, is

14 amended—

15 (1) by striking ‘‘or’’ at the end of paragraph

16 (c);

17 (2) by inserting ‘‘or’’ at the end of paragraph

18 (d); and

19 (3) by adding after paragraph (d) the following

20 new paragraph:

21 ‘‘(e)(i) intentionally discloses, or endeavors to

22 disclose, to any other person the contents of any

23 wire, oral, or electronic communication, intercepted

24 by means authorized by sections 2511(2)(A)(ii),

25 2511(b)–(c), 2511(e), 2516, and 2518 of this sub-
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1 chapter, (ii) knowing or having reason to know that

2 the information was obtained through the intercep3 tion of such a communication in connection with a

4 criminal investigation, (iii) having obtained or re5 ceived the information in connection with a criminal

6 investigation, (iv) with intent to improperly obstruct,

7 impede, or interfere with a duly authorized criminal

8 investigation,’’.

9 SEC. 2966. THEFT OF MAJOR ARTWORK.

10 (a) OFFENSE.—Chapter 31 of title 18, United States

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

12 section:

13 ‘‘§ 668. Theft of major artwork

14 ‘‘(a) DEFINITIONS.—In this section—

15 ‘‘ ‘museum’ means an organized and permanent

16 institution, the activities of which affect interstate or

17 foreign commerce, that—

18 ‘‘(A) is situated in the United States;

19 ‘‘(B) is established for an essentially edu20 cational or aesthetic purpose;

21 ‘‘(C) has a professional staff; and

22 ‘‘(D) owns, utilizes, and cares for tangible

23 objects that are exhibited to the public on a

24 regular schedule.
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1 ‘‘ ‘object of cultural heritage’ means an object of

2 art or cultural significance that is registered with

3 the International Foundation for Art Research or an

4 equivalent registry.’’.

5 ‘‘(b) OFFENSES.—A person who—

6 ‘‘(1) steals or obtains by fraud from the care,

7 custody, or control of a museum any object of cul8 tural heritage; or

9 ‘‘(2) knowing that an object of cultural heritage

10 has been stolen or obtained by fraud, if in fact the

11 object was stolen or obtained from the care, custody,

12 or control of a museum (whether or not that fact is

13 known to the person), receives, conceals, exhibits, or

14 disposes of the object,

15 shall be fined under this title, imprisoned not more than

16 10 years, or both.’’.

17 (b) FORFEITURE.—

18 (1) CIVIL.—Section 981(a)(1)(C) of title 18,

19 United States Code, is amended by inserting ‘‘668,’’

20 after ‘‘657,’’.

21 (2) CRIMINAL.—Section 982(a)(2) of title 18,

22 United States Code, is amended by inserting ‘‘668,’’

23 after ‘‘545’’.
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1 (c) PERIOD OF LIMITATION.—Chapter 213 of title

2 18, United States Code, is amended by adding at the end

3 the following new section:

4 ‘‘§ 3294. Theft of major artwork

5 ‘‘No person shall be prosecuted, tried, or punished

6 for a violation of or conspiracy to violate section 668 un7 less the indictment is returned or the information is filed

8 within 20 years after the commission of the offense.’’.

9 (d) TECHNICAL AMENDMENTS.—

10 (1) CHAPTER 31.—The chapter analysis for

11 chapter 31 of title 18, United States Code, is

12 amended by adding at the end the following new

13 item:

‘‘668. Theft of major artwork.’’.

14 (2) CHAPTER 213.—The chapter analysis for

15 chapter 31 of title 18, United States Code, is

16 amended by adding at the end the following new

17 item:

‘‘3294. Theft of major artwork.’’.

18 SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.

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

20 (1) an adequately supported Federal judiciary

21 is essential to the enforcement of law and order in

22 the United States,

23 (2) section 331 of title 28 provides in pertinent

24 part that the Chief Justice shall submit to Congress
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1 an annual report of the proceedings of the Judicial

2 Conference and its recommendations for legislation,

3 (3) in 1990, in response to the recommenda4 tions of the Judicial Conference for additional judge5 ships, Congress enacted legislation creating 85 addi6 tional judgeships with an effective date of December

7 1, 1990,

8 (4) only 1 of these vacancies has been filled,

9 (5) during the current administration, it has

10 taken an average of 502 days from the time a judge11 ship becomes vacant until such vacancy is filled,

12 (6) the enactment of legislation providing addi13 tional funding for the investigation and prosecution

14 facets of the criminal justice system has a direct and

15 positive impact on the needs and workload of the

16 Judiciary, which is already severely overloaded with

17 criminal cases,

18 (7) recommendations by the Judicial Con19 ference for the filling of judicial vacancies are cur20 rently made on the basis of historical data alone,

21 (8) the General Accounting Office, pursuant to

22 the 1988 Anti-Drug Abuse Act, has developed a

23 computer model that measures the potential effect of

24 fiscal increases on one or more parts of the criminal

25 justice system on the Judiciary,
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1 (9) the General Accounting Office has estab2 lished that an increase in the resources allocated to

3 the investigative and prosecutorial parts of the

4 criminal justice system, brings about an increase in

5 the number of criminal cases filed, which in turn

6 adds to the need for additional judgeships,

7 (10) the allocation of resources to portions of

8 the Federal criminal justice system other than the

9 Judiciary contributes to the need for additional

10 judgeships that cannot be anticipated by the use of

11 historical data alone, and

12 (11) the use of historical data alone, because of

13 its inability to project the need for additional judge14 ships attributable to the increase in criminal case15 load adds to the delay in meeting the needs of the

16 Judiciary.

17 (b) SENSE OF THE SENATE.—It is the sense of the

18 Senate that the Judicial Conference should be encouraged

19 to make its recommendations to Congress for additional

20 judgeships utilizing historical data and a workload esti21 mate model designed to anticipate an increase in criminal

22 filings resulting from increased funding in one or more

23 components of the Federal criminal justice system, and

24 to take into account the time expended in the appointive

25 and confirmation process.
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1 SEC. 2968. MISUSE OF INITIALS ‘‘DEA’’.

2 (a) AMENDMENT.—Section 709 of title 18, United

3 States Code, is amended—

4 (1) in the thirteenth unnumbered paragraph by

5 striking ‘‘words—’’ and inserting ‘‘words; or’’; and

6 (2) by inserting after the thirteenth unnum7 bered paragraph the following new paragraph:

8 ‘‘A person who, except with the written permission

9 of the Administrator of the Drug Enforcement Adminis10 tration, knowingly uses the words ‘Drug Enforcement Ad11 ministration’ or the initials ‘DEA’ or any colorable imita12 tion of such words or initials, in connection with any ad13 vertisement, circular, book, pamphlet, software or other

14 publication, play, motion picture, broadcast, telecast, or

15 other production, in a manner reasonably calculated to

16 convey the impression that such advertisement, circular,

17 book, pamphlet, software or other publication, play, mo18 tion picture, broadcast, telecast, or other production is ap19 proved, endorsed, or authorized by the Drug Enforcement

20 Administration;’’.

21 (b) EFFECTIVE DATE.—The amendment made by

22 subsection (a) shall become effective on the date that is

23 90 days after the date of enactment of this Act.
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1 SEC. 2969. 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. 2970. 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 new paragraph:

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.’’.

21 SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR

22 ARSON.

23 Section 844(i) of title 18, United States Code, is

24 amended by adding at the end the following: ‘‘No person

25 shall be prosecuted, tried, or punished for any noncapital
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1 offense under this subsection unless the indictment is

2 found or the information is instituted within 10 years

3 after the date on which the offense was committed.’’.

4 TITLE XXX—TECHNICAL

5 CORRECTIONS

6 SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINAN7 CIAL ASSISTANCE FOR LAW ENFORCEMENT.

8 (a) CROSS REFERENCE CORRECTIONS.—(1) Section

9 506 of title I of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3756) is amended—

11 (1) in subsection (a) by striking ‘‘Of’’ and in12 serting ‘‘Subject to subsection (f), of’’,

13 (2) in subsection (c) by striking ‘‘subsections

14 (b) and (c)’’ and inserting ‘‘subsection (b)’’,

15 (3) in subsection (e) by striking ‘‘or (e)’’ and

16 inserting ‘‘or (f)’’,

17 (4) in subsection (f)(1)—

18 (A) in subparagraph (A)—

19 (i) by striking ‘‘, taking into consider20 ation subsection (e) but’’, and

21 (ii) by striking ‘‘this subsection,’’ and

22 inserting ‘‘this subsection’’, and

23 (B) in subparagraph (B) by striking

24 ‘‘amount’’ and inserting ‘‘funds’’.
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1 (b) CORRECTIONAL OPTIONS GRANTS.—(1) Section

2 515(b) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 is amended—

4 (A) by striking ‘‘subsection (a)(1) and (2)’’ and

5 inserting ‘‘paragraphs (1) and (2) of subsection

6 (a)’’, and

7 (B) in paragraph (2) by striking ‘‘States’’ and

8 inserting ‘‘public agencies’’.

9 (2) Section 516 of title I of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 is amended—

11 (A) in subsection (a) by striking ‘‘for section’’

12 each place it appears and inserting ‘‘shall be used to

13 make grants under section’’, and

14 (B) in subsection (b) by striking ‘‘section

15 515(a)(1) or (a)(3)’’ and inserting ‘‘paragraph (1)

16 or (3) of section 515(a)’’.

17 (c) DENIAL OR TERMINATION OF GRANT.—Section

18 802(b) of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by

20 striking ‘‘M,,’’ and inserting ‘‘M,’’.

21 (d) DEFINITIONS.—Section 901(a)(21) of title I of

22 the Omnibus Crime Control and Safe Streets Act of 1968

23 (42 U.S.C. 3791(21)) is amended by adding a semicolon

24 at the end.
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1 (e) PUBLIC SAFETY OFFICERS DISABILITY BENE2 FITS.—Title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3796) is amended—

4 (1) in section 1201—

5 (A) in subsection (a) by striking ‘‘sub6 section (g)’’ and inserting ‘‘subsection (h),’’,

7 and

8 (B) in subsection (b)—

9 (i) by striking ‘‘subsection (g)’’ and

10 inserting ‘‘subsection (h)’’,

11 (ii) by striking ‘‘personal’’, and

12 (iii) in the first proviso by striking

13 ‘‘section’’ and inserting ‘‘subsection’’, and

14 (2) in section 1204(3) by striking ‘‘who was re15 sponding to a fire, rescue or police emergency’’.

16 (f) HEADINGS.—(1) The heading for part M of title

17 I of the Omnibus Crime Control and Safe Streets Act of

18 1968 (42 U.S.C. 3797) is amended to read as follows:

19 ‘‘PART M—REGIONAL INFORMATION SHARING SYSTEMS’’.

20 (2) The heading for part O of title I of the Omnibus

21 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

22 3797) is amended to read as follows:

23 ‘‘PART O—RURAL DRUG ENFORCEMENT’’.

24 (g) TABLE OF CONTENTS.—The table of contents of

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

26 of 1968 is amended—
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1 (1) in the item relating to section 501 by strik2 ing ‘‘Drug Control and System Improvement Grant’’

3 and inserting ‘‘drug control and system improvement

4 grant’’,

5 (2) in the item relating to section 1403 by

6 striking ‘‘Application’’ and inserting ‘‘Applications’’,

7 and

8 (3) in the items relating to part O by redesig9 nating sections 1401 and 1402 as sections 1501 and

10 1502, respectively.

11 (h) OTHER TECHNICAL AMENDMENTS.—Title I of

12 the Omnibus Crime Control and Safe Streets Act of 1968

13 is amended—

14 (1) in section 202(c)(2)(E) by striking

15 ‘‘crime,,’’ and inserting ‘‘crime,’’,

16 (2) in section 302(c)(19) by striking a period at

17 the end and inserting a semicolon,

18 (3) in section 602(a)(1) by striking ‘‘chapter

19 315’’ and inserting ‘‘chapter 319’’,

20 (4) in section 603(a)(6) by striking ‘‘605’’ and

21 inserting ‘‘606’’,

22 (5) in section 605 by striking ‘‘this section’’

23 and inserting ‘‘this part’’,

24 (6) in section 606(b) by striking ‘‘and Statis25 tics’’ and inserting ‘‘Statistics’’,
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1 (7) in section 801(b)—

2 (A) by striking ‘‘parts D,’’ and inserting

3 ‘‘parts’’,

4 (B) by striking ‘‘part D’’ each place it ap5 pears and inserting ‘‘subpart 1 of part E’’,

6 (C) by striking ‘‘403(a)’’ and inserting

7 ‘‘501’’, and

8 (D) by striking ‘‘403’’ and inserting

9 ‘‘503’’,

10 (8) in the first sentence of section 802(b) by

11 striking ‘‘part D,’’ and inserting ‘‘subpart 1 of part

12 E or under part’’,

13 (9) in the second sentence of section 804(b) by

14 striking ‘‘Prevention or’’ and inserting ‘‘Prevention,

15 or’’,

16 (10) in section 808 by striking ‘‘408, 1308,’’

17 and inserting ‘‘507’’,

18 (11) in section 809(c)(2)(H) by striking ‘‘805’’

19 and inserting ‘‘804’’,

20 (12) in section 811(e) by striking ‘‘Law En21 forcement Assistance Administration’’ and inserting

22 ‘‘Bureau of Justice Assistance’’,

23 (13) in section 901(a)(3) by striking ‘‘and,’’

24 and inserting ‘‘, and’’,
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1 (14) in section 1001(c) by striking ‘‘parts’’ and

2 inserting ‘‘part’’.

3 (i) CONFORMING AMENDMENT TO OTHER LAW.—

4 Section 4351(b) of title 18, United States Code, is amend5 ed by striking ‘‘Administrator of the Law Enforcement

6 Assistance Administration’’ and inserting ‘‘Director of the

7 Bureau of Justice Assistance’’.

8 SEC. 3002. GENERAL TITLE 18 CORRECTIONS.

9 (a) SECTION 1031.—Section 1031(g)(2) of title 18,

10 United States Code, is amended by striking ‘‘a govern11 ment’’ and inserting ‘‘a Government’’.

12 (b) SECTION 208.—Section 208(c)(1) of title 18,

13 United States Code, is amended by striking ‘‘Banks’’ and

14 inserting ‘‘banks’’.

15 (c) SECTION 1007.—The heading for section 1007 of

16 title 18, United States Code, is amended by striking

17 ‘‘Transactions’’ and inserting ‘‘transactions’’ in lieu there18 of.

19 (d) SECTION 1014.—Section 1014 of title 18, United

20 States Code, is amended by striking the comma which fol21 lows a comma.

22 (e) ELIMINATION OF OBSOLETE CROSS REF23 ERENCE.—Section 3293 of title 18, United States Code,

24 is amended by striking ‘‘1008,’’.
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1 (f) ELIMINATION OF DUPLICATE SUBSECTION DES2 IGNATION.—Section 1031 of title 18, United States Code,

3 is amended by redesignating the second subsection (g) as

4 subsection (h).

5 (g) CLERICAL AMENDMENT TO PART I TABLE OF

6 CHAPTERS.—The item relating to chapter 33 in the table

7 of chapters for part I of title 18, United States Code, is

8 amended by striking ‘‘701’’ and inserting ‘‘700’’.

9 (h) AMENDMENT TO SECTION 924(a)(1)(b).—Section

10 924(a)(1)(B) of title 18, United States Code, is amended

11 by striking ‘‘(q)’’ and inserting ‘‘(r)’’.

12 (i) AMENDMENT TO SECTION 3143.—The last sen13 tence of section 3143(b) of title 18, United States Code,

14 is amended by striking ‘‘(b)(2)(D)’’ and inserting

15 ‘‘(1)(B)(iv)’’.

16 (j) AMENDMENT TO TABLE OF CHAPTERS.—The

17 table of chapters at the beginning of part I of title 18,

18 United States Code, is amended by striking the item relat19 ing to the chapter 113A added by section 132 of Public

20 Law 102–27, but subsequently repealed.

21 (k) PUNCTUATION CORRECTION.—Section

22 207(c)(2)(A)(ii) of title 18, United States Code, is amend23 ed by striking the semicolon at the end and inserting a

24 comma.
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1 (l) TABLE OF CONTENTS CORRECTION.—The table

2 of contents for chapter 223 of title 18, United States

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

‘‘3509. Child Victims’ and child witnesses’ rights.’’.

4 (m) ELIMINATION OF SUPERFLUOUS COMMA.—Sec5 tion 3742(b) of title 18, United States Code, is amended

6 by striking ‘‘Government,’’ and inserting ‘‘Government’’.

7 SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REF8 ERENCES AND MISDESIGNATIONS.

9 (a) SECTION 1791 OF TITLE 18.—Section 1791(b)

10 of title 18, United States Code, is amended by striking

11 ‘‘(c)’’ each place it appears and inserting ‘‘(d)’’.

12 (b) SECTION 1956 OF TITLE 18.—Section

13 1956(c)(7)(D) of title 18, United States Code, is amended

14 by striking ‘‘section 1822 of the Mail Order Drug Para15 phernalia Control Act (100 Stat. 3207–51; 21 U.S.C.

16 857)’’ and inserting ‘‘section 422 of the Controlled Sub17 stances Act (21 U.S.C. 863)’’.

18 (c) SECTION 2703 OF TITLE 18.—Section 2703(d)

19 of title 18, United States Code, is amended by striking

20 ‘‘section 3126(2)(A)’’ and inserting ‘‘section 3127(2)(A)’’.

21 (d) SECTION 666 OF TITLE 18.—Section 666(d) of

22 title 18, United States Code, is amended—

23 (1) by redesignating the second paragraph (4)

24 as paragraph (5);
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1 (2) by striking ‘‘and’’ at the end of paragraph

2 (3); and

3 (3) by striking the period at the end of para4 graph (4) and inserting ‘‘; and’’.

5 (e) SECTION 4247 OF TITLE 18.—Section 4247(h)

6 of title 18, United States Code, is amended by striking

7 ‘‘subsection (e) of section 4241, 4243, 4244, 4245, or

8 4246,’’ and inserting ‘‘subsection (e) of section 4241,

9 4244, 4245, or 4246, or subsection (f) of section 4243,’’.

10 (f) SECTION 408 OF THE CONTROLLED SUBSTANCE

11 ACT.—Section 408(b)(2)(A) of the Controlled Substances

12 Act (21 U.S.C. 848(b)(2)(A)) is amended by striking

13 ‘‘subsection (d)(1)’’ and inserting ‘‘subsection (c)(1)’’.

14 (g) MARITIME DRUG LAW ENFORCEMENT ACT.—(1)

15 Section 994(h) of title 28, United States Code, is amended

16 by striking ‘‘section 1 of the Act of September 15, 1980

17 (21 U.S.C. 955a)’’ each place it appears and inserting

18 ‘‘the Maritime Drug Law Enforcement Act (46 U.S.C.

19 App. 1901 et seq.)’’.

20 (2) Section 924(e) of title 18, United States Code,

21 is amended by striking ‘‘the first section or section 3 of

22 Public Law 96–350 (21 U.S.C. 955a et seq.)’’ and insert23 ing ‘‘the Maritime Drug Law Enforcement Act (46 U.S.C.

24 App. 1901 et seq.)’’.
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1 (h) SECTION 2596 OF THE CRIME CONTROL ACT OF

2 1990.—Section 2596(d) of the Crime Control Act of 1990

3 is amended, effective retroactively to the date of enact4 ment of such Act, by striking ‘‘951(c)(1)’’ and inserting

5 ‘‘951(c)(2)’’.

6 (i) SECTION 3143 OF TITLE 18.—The last sentence

7 of section 3143(b)(1) of title 18, United States Code, is

8 amended by striking ‘‘(b)(2)(D)’’ and inserting

9 ‘‘(1)(B)(iv)’’.

10 SEC. 3004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

11 Title 18, United States Code, is amended—

12 (1) in section 212, by striking ‘‘or of any Na13 tional Agricultural Credit Corporation,’’ and by

14 striking ‘‘or National Agricultural Credit Corpora15 tions,’’;

16 (2) in section 213, by striking ‘‘or examiner of

17 National Agricultural Credit Corporations’’;

18 (3) in section 709, by striking the seventh and

19 thirteenth paragraphs;

20 (4) in section 711, by striking the second para21 graph;

22 (5) by striking section 754, and amending the

23 table of sections for chapter 35 by striking the item

24 relating to section 754;
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1 (6) in sections 657 and 1006, by striking ‘‘Re2 construction Finance Corporation,’’, and by striking

3 ‘‘Farmers’ Home Corporation,’’;

4 (7) in section 658, by striking ‘‘Farmers’ Home

5 Corporation,’’;

6 (8) in section 1013, by striking ‘‘, or by any

7 National Agricultural Credit Corporation’’;

8 (9) in section 1160, by striking ‘‘white person’’

9 and inserting ‘‘non-Indian’’;

10 (10) in section 1698, by striking the second

11 paragraph;

12 (11) by striking sections 1904 and 1908, and

13 amending the table of sections for chapter 93 by

14 striking the items relating to such sections;

15 (12) in section 1909, by inserting ‘‘or’’ before

16 ‘‘farm credit examiner’’ and by striking ‘‘or an ex17 aminer of National Agricultural Credit Corpora18 tions,’’;

19 (13) by striking sections 2157 and 2391, and

20 amending the table of sections for chapters 105 and

21 115, respectively, by striking the items relating to

22 such sections;

23 (14) in section 2257 by striking the subsections

24 (f) and (g) that were enacted by Public Law 100–

25 690;
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1 (15) in section 3113, by striking the third para2 graph;

3 (16) in section 3281, by striking ‘‘except for of4 fenses barred by the provisions of law existing on

5 August 4, 1939’’;

6 (17) in section 443, by striking ‘‘or (3) 5 years

7 after 12 o’clock noon of December 31, 1946,’’; and

8 (18) in sections 542, 544, and 545, by striking

9 ‘‘the Philippine Islands,’’.

10 SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOR11 EIGN CORRUPT PRACTICES ACT.

12 Section 104 of the Foreign Corrupt Practices Act of

13 1977 (15 U.S.C. 78dd–2) is amended, in subsection

14 (a)(3), by striking ‘‘issuer’’ and inserting in lieu thereof

15 ‘‘domestic concern’’.

16 SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVI17 SION IN 18 U.S.C. 1116.

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

19 amended by striking ‘‘, and any such person who is found

20 guilty of attempted murder shall be imprisoned for not

21 more than 20 years’’.

22 SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.

23 Section 1864(c) of title 18, United States Code, is

24 amended by striking ‘‘(b) (3), (4), or (5)’’ and inserting

25 in lieu thereof ‘‘(b)(5)’’.
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1 SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAM2 MATICAL ERRORS.

3 Title 18, United States Code, is amended—

4 (1) in section 513(c)(4), by striking ‘‘associa5 tion or persons’’ and inserting in lieu thereof ‘‘asso6 ciation of persons’’;

7 (2) in section 1956(e), by striking

8 ‘‘Evironmental’’ and inserting in lieu thereof ‘‘Envi9 ronmental’’;

10 (3) in section 3125, by striking the quotation

11 marks in paragraph (a)(2), and by striking ‘‘pro12 vider for’’ and inserting in lieu thereof ‘‘provider of’’

13 in subsection (d);

14 (4) in section 3731, by striking ‘‘order of a dis15 trict courts’’ and inserting in lieu thereof ‘‘order of

16 a district court’’ in the second undesignated para17 graph; and

18 (5) in section 151, by striking ‘‘mean’’ and in19 serting ‘‘means’’.

20 (6) in section 208(b), by inserting ‘‘if’’ after

21 ‘‘(4)’’;

22 (7) in section 209(d), by striking ‘‘under the

23 terms of the chapter 41’’ and inserting ‘‘under the

24 terms of chapter 41’’;

25 (8) in section 1014, by inserting a comma after

26 ‘‘National Credit Union Administration Board’’; and
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1 (9) in section 3291, by striking ‘‘the afore-men2 tioned’’ and inserting ‘‘such’’.

3 SEC. 3009. OTHER TECHNICAL AMENDMENTS.

4 (a) SECTION 419 OF CONTROLLED SUBSTANCES

5 ACT.—Section 419(b) of the Controlled Substances Act

6 (21 U.S.C. 860(b)) is amended by striking ‘‘years Pen7 alties’’ and inserting ‘‘years. Penalties’’.

8 (b) SECTION 667.—Section 667 of title 18, United

9 States Code, is amended by adding at the end the follow10 ing: ‘‘The term ‘livestock’ has the meaning set forth in

11 section 2311 of this title.’’.

12 (c) SECTION 1114.—Section 1114 of title 18, United

13 States Code, is amended by striking ‘‘or any other officer,

14 agency, or employee of the United States’’ and inserting

15 ‘‘or any other officer or employee of the United States or

16 any agency thereof’’.

17 (d) SECTION 408 OF CONTROLLED SUBSTANCES

18 ACT.—Section 408(q)(8) of the Controlled Substances Act

19 (21 U.S.C. 848(q)(8)) is amended by striking ‘‘applica20 tions, for writ’’ and inserting ‘‘applications for writ’’.

21 SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING

22 CODIFICATION.

23 Title 18, United States Code, is amended—

24 (1) in section 212, by striking ‘‘218’’ and in25 serting ‘‘213’’;
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1 (2) in section 1917—

2 (A) by striking ‘‘Civil Service Commission’’

3 and inserting ‘‘Office of Personnel Manage4 ment’’; and

5 (B) by striking ‘‘the Commission’’ in para6 graph (1) and inserting ‘‘such Office’’;

7 (3) by transferring the table of sections for

8 each subchapter of each of chapters 227 and 229 to

9 follow the heading of that subchapter;

10 (4) so that the heading of section 1170 reads

11 as follows:

12 ‘‘§ 1170. Illegal trafficking in Native American human

13 remains and cultural items’’;

14 (5) so that the item relating to section 1170 in

15 the table of sections at the beginning of chapter 53

16 reads as follows:

‘‘1170. Illegal trafficking in Native American human remains and cultural

items.’’;

17 (6) in section 3509(a), by striking paragraph

18 (11) and redesignating paragraphs (12) and (13) as

19 paragraphs (11) and (12), respectively;

20 (7) in section 3509—

21 (A) by striking out ‘‘subdivision’’ each

22 place it appears and inserting ‘‘subsection’’; and

23 (B) by striking out ‘‘government’’ each

24 place it appears and inserting ‘‘Government’’;
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1 (8) in section 2252(a)(3)(B), by striking

2 ‘‘materails’’ and inserting ‘‘ materials’’;

3 (9) in section 14, by striking ‘‘45,’’ and ‘‘608,

4 611, 612,’’;

5 (10) in section 3059A—

6 (A) in subsection (b), by striking ‘‘this

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. 3011. 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 (A) 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 (B) 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

13 the 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 (t) INCORRECT SECTION REFERENCE.—Section

5 1402(d)(3) of the Victims of Crime Act of 1984 (42

6 U.S.C. 10601(d)(3)) is amended by striking ‘‘1404(a)’’

7 and inserting ‘‘1404A’’.

8 (u) MISSING TEXT.—Section 1403(b)(1) of the Vic9 tims of Crime Act of 1984 (42 U.S.C. 10602(b)(1)) is

10 amended by inserting after ‘‘domestic violence’’ the follow11 ing: ‘‘for—

12 ‘‘(A) medical expenses attributable to a

13 physical injury resulting from compensable

14 crime, including expenses for mental health

15 counseling and care;

16 ‘‘(B) loss of wages attributable to a phys17 ical injury resulting from a compensable crime;

18 and

19 ‘‘(C) funeral expenses attributable to a

20 death resulting from a compensable crime’’.

21 SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO

22 ELIMINATE DUPLICATE PREDICATE CRIMES.

23 Section 1956 of title 18, United States Code, is

24 amended—
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1 (1) in subsection (c)(7)(D), by striking ‘‘section

2 1341 (relating to mail fraud) or section 1343 (relat3 ing to wire fraud) affecting a financial institution,

4 section 1344 (relating to bank fraud),’’;

5 (2) in subsection (a)(2) and in subsection (b),

6 by striking ‘‘transportation’’ each place it appears

7 and inserting ‘‘transportation, transmission, or

8 transfer’’;

9 (3) in subsection (a)(3), by striking ‘‘rep10 resented by a law enforcement officer’’ and inserting

11 ‘‘represented’’; and

12 (4) in subsection (c)(7)(E), by striking the pe13 riod that follows a period.

14 SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.

15 Part V of title 18, United States Code, is amended—

16 (1) by inserting after the heading for such part

17 the following:

18 ‘‘CHAPTER 601—IMMUNITY

19 OF WITNESSES’’;

20 (2) in section 6001(1)—

21 (A) by striking ‘‘Atomic Energy Commis22 sion’’ and inserting ‘‘Nuclear Regulatory Com23 mission’’; and

24 (B) by striking ‘‘the Subversive Activities

25 Control Board,’’
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1 (3) by striking ‘‘part’’ the first place it appears

2 and inserting ‘‘chapter’’; and

3 (4) by striking ‘‘part’’ each other place it ap4 pears and inserting ‘‘title’’.

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23 S 1488 PCS——20

24 S 1488 PCS——21

25 S 1488 PCS——22
458

•S 1488 PCS

1 S 1488 PCS——23

2 S 1488 PCS——24

3 S 1488 PCS——25

4 S 1488 PCS——26

5 S 1488 PCS——27

6 S 1488 PCS——28

7 S 1488 PCS——29

8 S 1488 PCS——30