II

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

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

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.
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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.

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.
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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.

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.
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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.

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.
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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.

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.
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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.

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.
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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.

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
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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.

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
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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.

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.
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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

14 of reported violent crimes per city police officer rose

15 to approximately 4.6 per officer;

16 (2) National Crime Survey figures indicate that

17 nearly 5,000,000 households in the United States
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1 had at least 1 member who had been a victim of vio2 lent crime during 1991;

3 (3) these victims of violence experienced more

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

5 reported to law enforcement authorities;

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

7 beat’’) enhances communication and cooperation be8 tween law enforcement and members of the commu9 nity;

10 (5) such communication and cooperation be11 tween law enforcement and members of the commu12 nity significantly assists in preventing and control13 ling crime and violence, thus enhancing public safe14 ty; and

15 (6) while increasing and maintaining police re16 sources and presence in the community are the long17 term responsibility of State and local governments,

18 State and local law enforcement agencies are in need

19 of immediate assistance to begin the process of re20 hiring officers who have been laid off for budgetary

21 reasons and hiring new, additional officers to assist

22 in the implementation of community-oriented polic23 ing.

24 (b) PURPOSES.—The purposes of this title are to—
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1 (1) substantially increase the number of law en2 forcement officers interacting directly with members

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

4 (2) provide additional and more effective train5 ing to law enforcement officers to enhance their

6 problem solving, service, and other skills needed in

7 interacting with members of the community;

8 (3) encourage the development and implementa9 tion of innovative programs to permit members of

10 the community to assist State and local law enforce11 ment agencies in the prevention of crime in the com12 munity; and

13 (4) encourage the development of new tech14 nologies to assist State and local law enforcement

15 agencies in reorienting the emphasis of their activi16 ties from reacting to crime to preventing crime,

17 by establishing a program of grants and assistance in fur18 therance of these objectives, including the authorization

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

20 of additional career law enforcement officers.

21 SEC. 103. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

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

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

24 et seq.) is amended—

25 (1) by redesignating part Q as part R;
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1 (2) by redesignating section 1701 as section

2 1801; and

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

4 part:

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

6 ‘COPS ON THE BEAT’

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

8 COMMUNITY POLICING GRANTS.

9 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen10 eral may make grants to units of State and local govern11 ment, and to other public and private entities, to increase

12 police presence, to expand and improve cooperative efforts

13 between law enforcement agencies and members of the

14 community to address crime and disorder problems, and

15 otherwise to enhance public safety.

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

17 Grants made under subsection (a) may be used for pro18 grams, projects, and other activities to—

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

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

21 reductions for deployment in community-oriented po22 licing; and

23 ‘‘(2) hire new, additional career law enforce24 ment officers for deployment in community-oriented

25 policing across the Nation.
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1 ‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made

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

3 other activities to—

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

5 officers involved in activities that are focused on

6 interaction with members of the community on

7 proactive crime control and prevention by redeploy8 ing officers to such activities;

9 ‘‘(2) provide specialized training to law enforce10 ment officers to enhance their conflict resolution,

11 mediation, problem solving, service, and other skills

12 needed to work in partnership with members of the

13 community;

14 ‘‘(3) increase police participation in multidisci15 plinary early intervention teams;

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

17 and local law enforcement agencies in reorienting

18 the emphasis of their activities from reacting to

19 crime to preventing crime;

20 ‘‘(5) develop and implement innovative pro21 grams to permit members of the community to assist

22 State and local law enforcement agencies in the pre23 vention of crime in the community;

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

25 and keep to a minimum, the amount of time that
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1 law enforcement officers must be away from the

2 community while awaiting court appearances;

3 ‘‘(7) establish and implement innovative pro4 grams to increase and enhance proactive crime con5 trol and prevention programs involving law enforce6 ment officers and young persons in the community;

7 and

8 ‘‘(8) develop and establish new administrative

9 and managerial systems to facilitate the adoption of

10 community-oriented policing as an organization-wide

11 philosophy.

12 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA13 TIONS FOR CERTAIN GRANTS.—In awarding grants under

14 this part, the Attorney General may give preferential con15 sideration to grants for hiring and rehiring additional ca16 reer law enforcement officers that involve a non-Federal

17 contribution exceeding the 25 percent minimum under

18 subsection (h).

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

20 General may provide technical assistance to units of State

21 and local government, and to other public and private enti22 ties, in furtherance of the purposes of the Public Safety

23 Partnership and Community Policing Act of 1993.

24 ‘‘(2) The technical assistance provided by the Attor25 ney General may include the development of a flexible
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1 model that will define for State and local governments,

2 and other public and private entities, definitions and strat3 egies associated with community or problem-oriented po4 licing and methodologies for its implementation.

5 ‘‘(3) The technical assistance provided by the Attor6 ney General may include the establishment and operation

7 of training centers or facilities, either directly or by con8 tracting or cooperative arrangements. The functions of the

9 centers or facilities established under this paragraph may

10 include instruction and seminars for police executives,

11 managers, trainers and supervisors concerning community

12 or problem-oriented policing and improvements in police13 community interaction and cooperation that further the

14 purposes of the Public Safety Partnership and Community

15 Policing Act of 1993.

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

17 General may utilize any component or components of the

18 Department of Justice in carrying out this part.

19 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to20 gether with grantees within the State, shall receive in each

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

22 percent of the total amount appropriated in the fiscal year

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

24 ‘qualifying State’ means any State which has submitted

25 an application for a grant, or in which an eligible entity
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1 has submitted an application for a grant, which meets the

2 requirements prescribed by the Attorney General and the

3 conditions set out in this part.

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

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

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

7 the Attorney General waives, wholly or in part, the re8 quirement under this subsection of a non-Federal con9 tribution to the costs of a program, project, or activity.

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

11 hiring or rehiring career law enforcement officers, the

12 Federal share shall decrease from year to year, looking

13 toward the continuation of the increased hiring level using

14 State or local sources of funding following the conclusion

15 of Federal support, as provided in an approved plan pur16 suant to section 1702(c)(8).

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

18 under this part shall be allocated as provided in section

19 1001(a)(11)(B).

20 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI21 CERS.—The authority under subsection (a) of this section

22 to make grants for the hiring and rehiring of additional

23 career law enforcement officers shall lapse at the conclu24 sion of 6 years from the date of enactment of this part.

25 Prior to the expiration of this grant authority, the Attor-
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1 ney General shall submit a report to Congress concerning

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

3 may include any recommendations the Attorney General

4 may have for amendments to this part and related provi5 sions of law in light of the termination of the authority

6 to make grants for the hiring and rehiring of additional

7 career law enforcement officers.

8 ‘‘SEC. 1702. APPLICATIONS.

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

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

11 approved by, the Attorney General.

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

13 under this part shall be submitted in such form, and con14 tain such information, as the Attorney General may pre15 scribe by regulation or guidelines.

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

17 or guidelines established by the Attorney General, each ap18 plication for a grant under this part shall—

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

20 implementation plan that reflects consultation with

21 community groups and appropriate private and pub22 lic agencies and reflects consideration of the state23 wide strategy under section 503(a)(1);

24 ‘‘(2) demonstrate a specific public safety need;
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1 ‘‘(3) explain the locality’s inability to address

2 the need without Federal assistance;

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;

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

9 community support for implementing the proposal

10 including financial and in-kind contributions or

11 other tangible commitments;

12 ‘‘(7) specify plans for obtaining necessary sup13 port and continuing the proposed program, project,

14 or activity following the conclusion of Federal sup15 port; and

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

17 or rehiring additional career law enforcement offi18 cers—

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

20 the grantee of a progressively larger share of

21 the cost in the course of time, looking toward

22 the continuation of the increased hiring level

23 using State or local sources of funding following

24 the conclusion of Federal support;
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1 ‘‘(B) assess the impact, if any, of the in2 crease in police resources on other components

3 of the criminal justice system; and

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

5 to reorient the affected law enforcement agen6 cy’s mission toward community-oriented polic7 ing or enhance its involvement in or commit8 ment to community-oriented policing.

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

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

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

12 submit an application to the State office designated under

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

14 for initial review.

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

16 State office referred to in subsection (a) shall review appli17 cations for grants under this part submitted to it, based

18 upon criteria specified by the Attorney General by regula19 tion or guidelines.

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

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

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

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

24 achieving the purposes of the Public Safety Partnership

25 and Community Policing Act of 1993.
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1 ‘‘(3)(A) The State office referred to in subsection (a)

2 shall list the applications for grants under this part in

3 order of their likelihood of achieving the purposes of the

4 Public Safety Partnership and Community Policing Act

5 of 1993 and shall submit the list along with all grant ap6 plications and supporting materials received to the Attor7 ney General.

8 ‘‘(B) In making the submission to the Attorney Gen9 eral required by subparagraph (A), the State office re10 ferred to in subsection (a) may recommend that a particu11 lar application or applications should receive special prior12 ity and provide supporting reasons for the recommenda13 tion.

14 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN15 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

16 subsection (a), municipalities the population of which ex17 ceeds 150,000 may submit an application for a grant

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

19 subsection, ‘municipalities the population of which exceeds

20 150,000’ means units of local government or law enforce21 ment agencies having jurisdiction over areas with popu22 lations exceeding 150,000, and consortia or associations

23 that include one or more such units of local government

24 or law enforcement agencies.
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1 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN2 ERAL BY OTHER APPLICANTS.—Notwithstanding sub3 section (a), if a State chooses not to carry out the func4 tions described in subsection (b), an applicant in the State

5 may submit an application for a grant under this part di6 rectly to the Attorney General.

7 ‘‘SEC. 1704. RENEWAL OF GRANTS.

8 ‘‘(a) IN GENERAL.—Except for grants made for hir9 ing or rehiring additional career law enforcement officers,

10 a grant under this part may be renewed for up to 2 addi11 tional years after the first fiscal year during which a recip12 ient receives its initial grant, if the Attorney General de13 termines that the funds made available to the recipient

14 were used in a manner required under an approved appli15 cation and if the recipient can demonstrate significant

16 progress in achieving the objectives of the initial applica17 tion.

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

19 or rehiring additional career law enforcement officers may

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

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

22 that subsection concerning the number of years for which

23 grants may be renewed.

24 ‘‘(c) MULTIYEAR GRANTS.—A grant for a period ex25 ceeding 1 year may be renewed as provided in this section,
23

•S 1488 IS

1 except that the total duration of such a grant including

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

3 a grant made for hiring or rehiring additional career law

4 enforcement officers.

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

6 ‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds

7 made available under this part to State or local govern8 ments shall not be used to supplant State or local funds,

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

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

11 from State or local sources.

12 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per13 cent of the funds available under this part may be used

14 for the costs of States in carrying out the functions de15 scribed in section 1703(b) or other administrative costs.

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

17 government may use assets received through the Assets

18 Forfeiture equitable sharing program to cover the non19 Federal portion of programs, projects, and activities fund20 ed under this part.

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

22 part for hiring or rehiring a career law enforcement officer

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

24 grants a waiver from this limitation.
24

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1 ‘‘SEC. 1706. PERFORMANCE EVALUATION.

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

3 project, or activity funded under this part shall contain

4 an evaluation component, developed pursuant to guidelines

5 established by the Attorney General. The evaluations re6 quired by this subsection shall include outcome measures

7 that can be used to determine the effectiveness of the

8 funded programs, projects, and activities. Outcome meas9 ures may include crime and victimization indicators, qual10 ity of life measures, community perceptions, and police

11 perceptions of their own work.

12 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor13 ney General shall review the performance of each grant

14 recipient under this part. The Attorney General may re15 quire a grant recipient to submit to the Attorney General

16 the results of the evaluations required under subsection

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

18 General deems reasonably necessary to carry out the re19 sponsibilities under this subsection.

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

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

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

23 a grant recipient under this part is not in substantial com24 pliance with the terms and requirements of an approved

25 grant application submitted under section 1702, the Attor-
25

•S 1488 IS

1 ney General may revoke or suspend funding of that grant,

2 in whole or in part.

3 ‘‘SEC. 1708. ACCESS TO DOCUMENTS.

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

5 General shall have access for the purpose of audit and ex6 amination to any pertinent books, documents, papers, or

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

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

9 and local governments, persons, businesses, and other en10 tities that are involved in programs, projects, or activities

11 for which assistance is provided under this part.

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

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

14 conducted by the Comptroller General of the United

15 States or by an authorized representative of the Comptrol16 ler General.

17 ‘‘SEC. 1709. GENERAL REGULATORY AUTHORITY.

18 ‘‘The Attorney General may promulgate regulations

19 and guidelines to carry out this part.

20 ‘‘SEC. 1710. DEFINITION.

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

22 a person hired on a permanent basis who is authorized

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

24 or supervise the prevention, detection, or investigation of

25 violations of criminal laws.’’.
26

•S 1488 IS

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 strik4 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.’’.

5 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1001(a) of title I of the Omnibus Crime Control and Safe

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

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

9 inserting ‘‘O, P, and Q’’; and

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

11 paragraph:

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

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

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

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

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

17 ‘‘(iv) $650,000,000 for fiscal year 1997;
27

•S 1488 IS

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

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

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

4 fiscal year, up to 5 percent may be used for tech5 nical assistance under section 1701(e) or for evalua6 tions or studies carried out or commissioned by the

7 Attorney General in furtherance of the purposes of

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

9 costs of States in carrying out the functions de10 scribed in section 1703 (b) or other administrative

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

12 allocated for grants pursuant to applications submit13 ted as provided in section 1703 (a) or (d), and 40

14 percent shall be allocated for grants pursuant to ap15 plications submitted as provided in section 1703(c).

16 Of the funds available in relation to grants pursuant

17 to applications submitted as provided in section

18 1703 (a) or (d), at least 85 percent shall be applied

19 to grants for the purposes specified in section

20 1701(b), and no more than 15 percent may be ap21 plied to other grants in furtherance of the purposes

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

23 grants pursuant to applications submitted as pro24 vided in section 1703(c), at least 85 percent shall be

25 applied to grants for the purposes specified in sec-
28

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1 tion 1701(b), and no more than 15 percent may be

2 applied to other grants in furtherance of the pur3 poses of part Q.’’.

4 TITLE II—DEATH PENALTY

5 SEC. 201. SHORT TITLE.

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

7 Act of 1993’’.

8 SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPO9 SITION OF THE SENTENCE OF DEATH.

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

11 Code, is amended by inserting after chapter 227 the fol12 lowing new chapter:

13 ‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating factors to be considered in determining

whether a sentence of death is justified.

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

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Special provisions for Indian country.

14 ‘‘§ 3591. Sentence of death

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

16 ‘‘(1) an offense described in section 794 or sec17 tion 2381;

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

19 the offense, as determined beyond a reasonable

20 doubt at the hearing under section 3593, constitutes
29

•S 1488 IS

1 an attempt to intentionally kill the President of the

2 United States and results in bodily injury to the

3 President or comes dangerously close to causing the

4 death of the President; or

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

6 death is provided, if the defendant, as determined

7 beyond a reasonable doubt at the hearing under sec8 tion 3593—

9 ‘‘(A) intentionally killed the victim;

10 ‘‘(B) intentionally inflicted serious bodily

11 injury that resulted in the death of the victim;

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

13 contemplating that the life of a person would be

14 taken or intending that lethal force would be

15 used in connection with a person, other than

16 one of the participants in the offense, and the

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

18 ‘‘(D) intentionally and specifically engaged

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

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

21 participants in the offense, such that participa22 tion in the act constituted a reckless disregard

23 for human life and the victim died as a direct

24 result of the act,
30

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

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

3 held pursuant to section 3593, it is determined that impo4 sition of a sentence of death is justified, except that no

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

6 years of age at the time of the offense.

7 ‘‘§ 3592. Mitigating and aggravating factors to be con8 sidered in determining whether a sen9 tence of death is justified

10 ‘‘(a) MITIGATING FACTORS.—In determining wheth11 er a sentence of death is to be imposed on a defendant,

12 the finder of fact shall consider any mitigating factor, in13 cluding the following:

14 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca15 pacity to appreciate the wrongfulness of the defend16 ant’s conduct or to conform conduct to the require17 ments of law was significantly impaired, regardless

18 of whether the capacity was so impaired as to con19 stitute a defense to the charge.

20 ‘‘(2) DURESS.—The defendant was under un21 usual and substantial duress, regardless of whether

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

23 defense to the charge.

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

25 punishable as a principal in the offense, which was
31

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1 committed by another, but the defendant’s participa2 tion was relatively minor, regardless of whether the

3 participation was so minor as to constitute a defense

4 to the charge.

5 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An6 other defendant or defendants, equally culpable in

7 the crime, will not be punished by death.

8 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The de9 fendant did not have a significant prior history of

10 other criminal conduct.

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

12 the offense under severe mental or emotional dis13 turbance.

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

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

16 death.

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

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

19 other circumstance of the offense that mitigate

20 against imposition of the death sentence.

21 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

22 TREASON.—In determining whether a sentence of death

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

24 jury, or if there is no jury, the court, shall consider each
32

•S 1488 IS

1 of the following aggravating factors for which notice has

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

3 ‘‘(1) PRIOR ESPIONAGE OR TREASON OF4 FENSE.—The defendant has previously been con5 victed of another offense involving espionage or trea6 son for which a sentence of either life imprisonment

7 or death was authorized by law.

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

9 the commission of the offense the defendant know10 ingly created a grave risk of substantial danger to

11 the national security.

12 ‘‘(3) GRAVE RISK OF DEATH.—In the commis13 sion of the offense the defendant knowingly created

14 a grave risk of death to another person.

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

16 whether any other aggravating factor for which notice has

17 been given exists.

18 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE AND

19 FOR ATTEMPTED MURDER OF THE PRESIDENT.—In de20 termining whether a sentence of death is justified for an

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

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

23 following aggravating factors for which notice has been

24 given and determine which, if any, exist:
33

•S 1488 IS

1 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

2 CRIME.—The death, or injury resulting in death, oc3 curred during the commission or attempted commis4 sion of, or during the immediate flight from the

5 commission of, an offense under section 32 (destruc6 tion of aircraft or aircraft facilities), section 33 (de7 struction of motor vehicles or motor vehicle facili8 ties), section 36 (violence at international airports),

9 section 351 (violence against Members of Congress,

10 Cabinet officers, or Supreme Court Justices), an of11 fense under section 751 (prisoners in custody of in12 stitution or officer), section 794 (gathering or deliv13 ering defense information to aid foreign govern14 ment), section 844(d) (transportation of explosives

15 in interstate commerce for certain purposes), section

16 844(f) (destruction of Government property by ex17 plosives), section 1118 (prisoners serving life term),

18 section 1201 (kidnaping), section 844(i) (destruction

19 of property affecting interstate commerce by explo20 sives), section 1116 (killing or attempted killing of

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

22 1992 (wrecking trains), section 2280 (maritime vio23 lence), section 2281 (maritime platform violence),

24 section 2332 (terrorist acts abroad against United

25 States nationals), section 2339 (use of weapons of
34

•S 1488 IS

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

2 title, or section 902 (i) or (n) of the Federal Avia3 tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air4 craft piracy).

5 ‘‘(2) INVOLVEMENT OF FIREARM OR PREVIOUS

6 CONVICTION OF VIOLENT FELONY INVOLVING FIRE7 ARM.—For any offense, other than an offense for

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

9 section 924(c), the defendant—

10 (A) during and in relation to the commis11 sion of the offense or in escaping or attempting

12 to escape apprehension used or possessed a fire13 arm (as defined in section 921); or

14 (B) has previously been convicted of a

15 Federal or State offense punishable by a term

16 of imprisonment of more than 1 year, involving

17 the use or attempted or threatened use of a

18 firearm (as defined in section 921) against an19 other person.

20 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

21 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON22 MENT WAS AUTHORIZED.—The defendant has pre23 viously been convicted of another Federal or State

24 offense resulting in the death of a person, for which
35

•S 1488 IS

1 a sentence of life imprisonment or a sentence of

2 death was authorized by statute.

3 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI4 OUS OFFENSES.—The defendant has previously been

5 convicted of 2 or more Federal or State offenses,

6 punishable by a term of imprisonment of more than

7 1 year, committed on different occasions, involving

8 the infliction of, or attempted infliction of, serious

9 bodily injury or death upon another person.

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

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

12 offense, or in escaping apprehension for the violation

13 of the offense, knowingly created a grave risk of

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

15 of the offense.

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

17 OF COMMITTING OFFENSE.—The defendant commit18 ted the offense in an especially heinous, cruel, or de19 praved manner in that it involved torture or serious

20 physical abuse to the victim.

21 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY22 MENT.—The defendant procured the commission of

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

24 anything of pecuniary value.
36

•S 1488 IS

1 ‘‘(8) PECUNIARY GAIN.—The defendant com2 mitted the offense as consideration for the receipt,

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

4 pecuniary value.

5 ‘‘(9) SUBSTANTIAL PLANNING AND

6 PREMEDITATION.—The defendant committed the of7 fense after substantial planning and premeditation

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

9 terrorism.

10 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF11 FENSES.—The defendant has previously been con12 victed of 2 or more State or Federal offenses pun13 ishable by a term of imprisonment of more than one

14 year, committed on different occasions, involving the

15 distribution of a controlled substance.

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

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

18 infirmity.

19 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL

20 DRUG OFFENSES.—The defendant had previously

21 been convicted of violating title II or III of the Con22 trolled Substances Act for which a sentence of 5 or

23 more years may be imposed or had previously been

24 convicted of engaging in a continuing criminal enter25 prise.
37

•S 1488 IS

1 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN2 VOLVING DRUG SALES TO MINORS.—The defendant

3 committed the offense in the course of engaging in

4 a continuing criminal enterprise in violation of sec5 tion 408(c) of the Controlled Substances Act (21

6 U.S.C. 848(c)), and that violation involved the dis7 tribution of drugs to persons under the age of 21 in

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

9 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defend10 ant committed the offense against—

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

12 the President-elect, the Vice President, the

13 Vice-President-elect, the Vice-President-des14 ignate, or, if there is no Vice President, the of15 ficer next in order of succession to the office of

16 the President of the United States, or any per17 son who is acting as President under the Con18 stitution and laws of the United States;

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

20 or the political equivalent, of a foreign nation;

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

22 1116(b)(3)(A), if the official is in the United

23 States on official business; or

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

25 judge, a law enforcement officer, or an em-
38

•S 1488 IS

1 ployee of a United States penal or correctional

2 institution—

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

4 performance of his or her official duties;

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

6 or her official duties; or

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

8 a public servant.

9 For purposes of this subparagraph, a ‘law en10 forcement officer’ is a public servant authorized

11 by law or by a Government agency or Congress

12 to conduct or engage in the prevention, inves13 tigation, or prosecution or adjudication of an

14 offense, and includes those engaged in correc15 tions, parole, or probation functions.

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

17 whether any other aggravating factor for which notice has

18 been given exists.

19 ‘‘§ 3593. Special hearing to determine whether a sen20 tence of death is justified

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

22 involving an offense described in section 3591, the attor23 ney for the government believes that the circumstances of

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

25 under this chapter, the attorney shall, a reasonable time
39

•S 1488 IS

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

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

3 defendant, a notice—

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

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

6 defendant is convicted, a sentence of death is justi7 fied under this chapter and that the government will

8 seek the sentence of death; and

9 ‘‘(2) setting forth the aggravating factor or fac10 tors that the government, if the defendant is con11 victed, proposes to prove as justifying a sentence of

12 death.

13 The factors for which notice is provided under this sub14 section may include factors concerning the effect of the

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

16 include oral testimony, a victim impact statement that

17 identifies the victim of the offense and the extent and

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

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

20 The court may permit the attorney for the government

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

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

23 attorney for the government has filed a notice as required

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

25 or pleads guilty to an offense described in section 3591,
40

•S 1488 IS

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

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

3 unavailable, shall conduct a separate sentencing hearing

4 to determine the punishment to be imposed. The hearing

5 shall be conducted—

6 ‘‘(1) before the jury that determined the de7 fendant’s guilt;

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

9 the hearing if—

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

11 plea of guilty;

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

13 trial before the court sitting without a jury;

14 ‘‘(C) the jury that determined the defend15 ant’s guilt was discharged for good cause; or

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

17 under this section, reconsideration of the sen18 tence under this section is necessary; or

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

20 the defendant and with the approval of the attorney

21 for the government.

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

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

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

25 the court, that it shall consist of a lesser number.
41

•S 1488 IS

1 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC2 TORS.—Notwithstanding rule 32(c) of the Federal Rules

3 of Criminal Procedure, when a defendant is found guilty

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

5 presentence report shall be prepared. At the sentencing

6 hearing, information may be presented as to any matter

7 relevant to the sentence, including any mitigating or ag8 gravating factor permitted or required to be considered

9 under section 3592. Information presented may include

10 the trial transcript and exhibits if the hearing is held be11 fore a jury or judge not present during the trial. The de12 fendant may present any information relevant to a miti13 gating factor. The government may present any informa14 tion relevant to an aggravating factor for which notice has

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

16 the defendant shall be permitted to rebut any information

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

18 to present argument as to the adequacy of the information

19 to establish the existence of any aggravating or mitigating

20 factor, and as to the appropriateness in the case of impos21 ing a sentence of death. The government shall open the

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

23 government shall then be permitted to reply in rebuttal.

24 The burden of establishing the existence of any aggravat25 ing factor is on the government, and is not satisfied unless
42

•S 1488 IS

1 the existence of such a factor is established beyond a rea2 sonable doubt. The burden of establishing the existence

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

4 satisfied unless the existence of such a factor is established

5 by a preponderance of the information.

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

7 if there is no jury, the court, shall consider all the informa8 tion received during the hearing. It shall return special

9 findings identifying any aggravating factor or factors set

10 forth in section 3592 found to exist and any other aggra11 vating factor for which notice has been provided under

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

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

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

15 existence of a mitigating factor may consider such factor

16 established for purposes of this section regardless of the

17 number of jurors who concur that the factor has been es18 tablished. A finding with respect to any aggravating factor

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

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

21 sentence other than death authorized by law.

22 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN23 TENCE OF DEATH.—If, in the case of—
43

•S 1488 IS

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

2 aggravating factor required to be considered under

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

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

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

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

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

8 whether all the aggravating factor or factors found to exist

9 sufficiently outweigh all the mitigating factor or factors

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

11 absence of a mitigating factor, whether the aggravating

12 factor or factors alone are sufficient to justify a sentence

13 of death. Based upon this consideration, the jury by unan14 imous vote, or if there is no jury, the court, shall rec15 ommend whether the defendant should be sentenced to

16 death, to life imprisonment without possibility of release

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

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

19 aggravating and mitigating factors, is never required to

20 impose a death sentence and the jury shall be so in21 structed.

22 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST

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

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

25 (e), shall instruct the jury that, in considering whether
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1 a sentence of death is justified, it shall not consider the

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

3 defendant or of any victim and that the jury is not to rec4 ommend a sentence of death unless it has concluded that

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

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

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

8 may be. The jury, upon return of a finding under sub9 section (e), shall also return to the court a certificate,

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

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

12 or any victim was not involved in reaching his or her indi13 vidual decision and that the individual juror would have

14 made the same recommendation regarding a sentence for

15 the crime in question no matter what the race, color, reli16 gious beliefs, national origin, or sex of the defendant or

17 any victim may be.

18 ‘‘§ 3594. Imposition of a sentence of death

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

20 the defendant should be sentenced to death or life impris21 onment without possibility of release, the court shall sen22 tence the defendant accordingly. Otherwise, the court shall

23 impose any lesser sentence that is authorized by law. Not24 withstanding any other law, if the maximum term of im25 prisonment for the offense is life imprisonment, the court
45

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1 may impose a sentence of life imprisonment without possi2 bility of release.

3 ‘‘§ 3595. Review of a sentence of death

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

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

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

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

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

9 be consolidated with an appeal of the judgment of convic10 tion and shall have priority over all other cases.

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

12 entire record in the case, including—

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

14 ‘‘(2) the information submitted during the sen15 tencing hearing;

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

17 hearing; and

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

19 3593(d).

20 ‘‘(c) DECISION AND DISPOSITION.—

21 ‘‘(1) The court of appeals shall address all sub22 stantive and procedural issues raised on the appeal

23 of a sentence of death, and shall consider whether

24 the sentence of death was imposed under the influ25 ence of passion, prejudice, or any other arbitrary
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1 factor and whether the evidence supports the special

2 finding of the existence of an aggravating factor re3 quired to be considered under section 3592.

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

5 that—

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

7 under the influence of passion, prejudice, or any

8 other arbitrary factor;

9 ‘‘(B) the admissible evidence and informa10 tion adduced does not support the special find11 ing of the existence of the required aggravating

12 factor; or

13 ‘‘(C) the proceedings involved any other

14 legal error requiring reversal of the sentence

15 that was properly preserved for appeal under

16 the rules of criminal procedure,

17 the court shall remand the case for reconsideration

18 under section 3593 or imposition of a sentence other

19 than death.

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

21 the reasons for its disposition of an appeal of a sen22 tence of death under this section.

23 ‘‘§ 3596. Implementation of a sentence of death

24 ‘‘(a) IN GENERAL.—A person who has been sen25 tenced to death pursuant to this chapter shall be commit-
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•S 1488 IS

1 ted to the custody of the Attorney General until exhaus2 tion of the procedures for appeal of the judgment of con3 viction and for review of the sentence. When the sentence

4 is to be implemented, the Attorney General shall release

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

6 States marshal, who shall supervise implementation of the

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

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

9 does not provide for implementation of a sentence of

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

11 which does provide for the implementation of a sentence

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

13 latter State in the manner prescribed by such law.

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

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

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

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

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

19 who, as a result of mental disability, lacks the mental ca20 pacity to understand the death penalty and why it was

21 imposed on that person.

22 ‘‘§ 3597. Use of State facilities

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

24 charged with supervising the implementation of a sentence

25 of death may use appropriate State or local facilities for
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1 the purpose, may use the services of an appropriate State

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

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

4 amount approved by the Attorney General.

5 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI6 GIOUS GROUNDS.—No employee of any State department

7 of corrections, the United States Department of Justice,

8 the Federal Bureau of Prisons, or the United States Mar9 shals Service, and no employee providing services to that

10 department, bureau, or service under contract shall be re11 quired, as a condition of that employment or contractual

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

13 prosecution or execution under this section if such partici14 pation is contrary to the moral or religious convictions of

15 the employee. In this subsection, ‘participation in execu16 tions’ includes personal preparation of the condemned in17 dividual and the apparatus used for execution and super18 vision of the activities of other personnel in carrying out

19 such activities.

20 ‘‘§ 3598. Special provisions for Indian country

21 ‘‘Notwithstanding sections 1152 and 1153, no person

22 subject to the criminal jurisdiction of an Indian tribal gov23 ernment shall be subject to a capital sentence under this

24 chapter for any offense the Federal jurisdiction for which

25 is predicated solely on Indian country (as defined in sec-
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1 tion 1151 of this title) and which has occurred within the

2 boundaries of Indian country, unless the governing body

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

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

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

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

7 inserting after the item relating to chapter 227 the follow8 ing new item:

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

9 SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PEN10 ALTY IS AUTHORIZED.

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

12 United States Code, is amended as follows:

13 (1) AIRCRAFT AND MOTOR VEHICLES.—Section

14 34 of title 18, United States Code, is amended by

15 striking the comma after ‘‘imprisonment for life’’,

16 inserting a period, and striking the remainder of the

17 section.

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

19 United States Code, is amended by striking the pe20 riod at the end of the section and inserting ‘‘, except

21 that the sentence of death shall not be imposed un22 less the jury or, if there is no jury, the court, further

23 finds that the offense directly concerned nuclear

24 weaponry, military spacecraft or satellites, early

25 warning systems, or other means of defense or retal-
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1 iation against large-scale attack; war plans; commu2 nications intelligence or cryptographic information;

3 or any other major weapons system or major ele4 ment of defense strategy.’’.

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

6 844(d) of title 18, United States Code, is amended

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

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

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

10 34 of this title’’.

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

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

13 34 of this title’’.

14 (4) MURDER.—The second undesignated para15 graph of section 1111(b) of title 18, United States

16 Code, is amended to read as follows:

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

18 shall be punished by death or by imprisonment for

19 life;’’.

20 (5) KILLING OF FOREIGN OFFICIAL.—Section

21 1116(a) of title 18, United States Code, is amended

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

23 murder in the first degree shall be sentenced to im24 prisonment for life, and’’.
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1 (6) KIDNAPPING.—Section 1201(a) of title 18,

2 United States Code, is amended by inserting after

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

4 person results, shall be punished by death or life im5 prisonment’’.

6 (7) NONMAILABLE INJURIOUS ARTICLES.—The

7 last paragraph of section 1716 of title 18, United

8 States Code, is amended by striking the comma

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

10 and striking the remainder of the paragraph.

11 (8) PRESIDENTIAL ASSASSINATIONS.—Sub12 section (c) of section 1751 of title 18, United States

13 Code, is amended to read as follows:

14 ‘‘(c) Whoever attempts to kill or kidnap any individ15 ual designated in subsection (a) of this section, shall be

16 punished—

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

18 for life; or

19 ‘‘(2) if the conduct constitutes an attempt to in20 tentionally kill the President of the United States

21 and results in bodily injury to the President or oth22 erwise comes dangerously close to causing the death

23 of the President, by death or imprisonment for any

24 term of years or for life.’’.
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1 (9) WRECKING TRAINS.—The second to the last

2 undesignated paragraph of section 1992 of title 18,

3 United States Code, is amended by striking the

4 comma after ‘‘imprisonment for life’’, inserting a pe5 riod, and striking the remainder of the section.

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

7 18, United States Code, is amended by striking ‘‘or

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

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

10 punished by death or life imprisonment’’.

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

12 title 18, United States Code, is amended by insert13 ing after ‘‘or for life’’ the following: ‘‘and, if the

14 death of any person results, shall be punished by

15 death or life imprisonment’’.

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

17 18, United States Code, is amended by striking

18 ‘‘and if death results, shall be subject to imprison19 ment for any term of years or for life, or shall be

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

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

22 life imprisonment, or shall be fined not more than

23 $250,000, or both’’.
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1 (13) RACKETEERING.—Section 1959(a)(1) of

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

3 follows:

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

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

6 for kidnapping, by imprisonment for any term of

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

8 $250,000, or both;’’.

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

10 18, United States Code, is amended by striking ‘‘a

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

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

13 death or imprisonment for life and a fine of not

14 more than $1,000,000, or both;’’.

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

16 United States Code, is amended by striking the pe17 riod after ‘‘both’’ and inserting ‘‘, or sentenced to

18 death.’’.

19 (b) CONFORMING AMENDMENT TO FEDERAL AVIA20 TION ACT OF 1954.—Section 903 of the Federal Aviation

21 Act of 1958 (49 U.S.C. 1473) is amended by striking sub22 section (c).
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1 SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY

2 JUSTICE.

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

4 by this title, shall not apply to prosecutions under the Uni5 form Code of Military Justice (10 U.S.C. 801).

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

7 PRISONER.

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

9 States Code, is amended by adding at the end the follow10 ing new section:

11 ‘‘§ 1118. Murder by a Federal prisoner

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

13 Federal correctional institution under a sentence for a

14 term of life imprisonment, commits the murder of another

15 shall be punished by death or by life imprisonment.

16 ‘‘(b) DEFINITIONS.—In this section—

17 ‘‘ ‘Federal correctional institution’ means any

18 Federal prison, Federal correctional facility, Federal

19 community program center, or Federal halfway

20 house.

21 ‘‘ ‘murder’ means a first degree or second de22 gree murder (as defined by section 1111).

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

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

25 natural life, an indeterminate term of a minimum of
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1 at least fifteen years and a maximum of life, or an

2 unexecuted sentence of death.’’.

3 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

5 by adding at the end the following new item:

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

6 SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.

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

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

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

10 may be sentenced to death.’’.

11 (b) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

13 amended by striking the period at the end of the last sen14 tence and inserting ‘‘, or may be sentenced to death.’’.

15 (c) FEDERALLY PROTECTED ACTIVITIES.—Section

16 245(b) of title 18, United States Code, is amended in the

17 matter following paragraph (5) by inserting ‘‘, or may be

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

19 (d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC20 TION OF THE FREE EXERCISE OF RELIGIOUS RIGHTS.—

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

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

23 after ‘‘or both’’.
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1 SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL

2 LAW ENFORCEMENT OFFICIALS.

3 Section 1114(a) of title 18, United States Code, is

4 amended by striking ‘‘punished as provided under sections

5 1111 and 1112 of this title,’’ and inserting ‘‘punished, in

6 the case of murder, by a sentence of death or life imprison7 ment as provided under section 1111, or, in the case of

8 manslaughter, a sentence as provided under section

9 1112.’’.

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

11 WEAPONS TO FURTHER DRUG CONSPIR12 ACIES.

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

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

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

16 States Code, is amended by adding at the end the follow17 ing new section:

18 ‘‘§ 36. Drive-by shooting

19 ‘‘(a) DEFINITION.—In this section, ‘major drug of20 fense’ means—

21 ‘‘(1) a continuing criminal enterprise punish22 able under section 403(c) of the Controlled Sub23 stances Act (21 U.S.C. 848(c));

24 ‘‘(2) a conspiracy to distribute controlled sub25 stances punishable under section 406 of the Con26 trolled Substances Act (21 U.S.C. 846) section 1013
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1 of the Controlled Substances Import and Export

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

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

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

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

6 841(b)(1)(A)) or section 1010(b)(1) of the Con7 trolled Substances Import and Export Act (21

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

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

10 in furtherance or to escape detection of a major drug of11 fense and with the intent to intimidate, harass, injure, or

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

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

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

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

16 ‘‘(2) A person who, in furtherance or to escape detec17 tion of a major drug offense and with the intent to intimi18 date, harass, injure, or maim, fires a weapon into a group

19 of 2 or more persons and who, in the course of such con20 duct, kills any person shall, if the killing—

21 ‘‘(A) is a first degree murder (as defined in sec22 tion 1111(a)), be punished by death or imprison23 ment for any term of years or for life, fined under

24 this title, or both; or
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1 ‘‘(B) is a murder other than a first degree mur2 der (as defined in section 1111(a)), be fined under

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

4 life, or both.’’.

5 (c) TECHNICAL AMENDMENT.—The chapter analysis

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

7 by adding at the end the following new item:

‘‘36. Drive-by shooting.’’.

8 SEC. 209. FOREIGN MURDER OF UNITED STATES NATION9 ALS.

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

11 States Code, is amended by adding at the end the follow12 ing new section:

13 ‘‘§ 1118. Foreign murder of United States nationals

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

15 United States’ has the meaning stated in section

16 101(a)(22) of the Immigration and Nationality Act (8

17 U.S.C. 1101(a)(22)).

18 ‘‘(b) OFFENSE.—A person who, being a national of

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

20 the United States while such national is outside the Unit21 ed States but within the jurisdiction of another country

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

23 and 1113.

24 ‘‘(c) LIMITATIONS ON PROSECUTION.—(1) No pros25 ecution may be instituted against any person under this
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1 section except upon the written approval of the Attorney

2 General, the Deputy Attorney General, or an Assistant At3 torney General, which function of approving prosecutions

4 may not be delegated. No prosecution shall be approved

5 if prosecution has been previously undertaken by a foreign

6 country for the same conduct.

7 ‘‘(2) No prosecution shall be approved under this sec8 tion unless the Attorney General, in consultation with the

9 Secretary of State, determines that the conduct took place

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

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

12 return. A determination by the Attorney General under

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

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

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

16 1116’’ and inserting ‘‘1116, or 1118’’.

17 (2) The chapter analysis for chapter 51 of title 18,

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

19 following new item:

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

20 SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLES21 TATION MURDERS.

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

23 States Code, is amended—

24 (1) by redesignating section 2245 as section

25 2246; and
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1 (2) by inserting after section 2244 the following

2 new section:

3 ‘‘§ 2245. Sexual abuse resulting in death

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

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

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

7 any term of years or for life.’’.

8 (b) TECHNICAL AMENDMENTS.—The chapter analy9 sis for chapter 109A of title 18, United States Code, is

10 amended by striking the item for section 2245 and insert11 ing the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.

12 SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF

13 CHILDREN.

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

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

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

17 conduct that results in the death of a person, shall be pun18 ished by death or imprisoned for any term of years or for

19 life.’’.

20 SEC. 212. MURDER BY ESCAPED PRISONERS.

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

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

23 by adding at the end the following new section:
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1 ‘‘§ 1119. Murder by escaped prisoners

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

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

4 in section 1118.

5 ‘‘(b) OFFENSE AND PENALTY.—A person, having es6 caped from a Federal prison where the person was con7 fined under a sentence for a term of life imprisonment,

8 kills another shall be punished as provided in sections

9 1111 and 1112.’’.

10 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

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

13 the following new item:

‘‘1119. Murder by escaped prisoners.’’.

14 SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING

15 FEDERAL CRIMES OF VIOLENCE AND DRUG

16 TRAFFICKING CRIMES.

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

18 amended by adding at the end the following new sub19 section:

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

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

22 use of a firearm, shall—

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

24 section 1111), be punished by death or by imprison25 ment for any term of years or for life; and
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1 ‘‘(2) if the killing is manslaughter (as defined

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

3 section.’’.

4 SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES IN5 VOLVING FIREARMS IN FEDERAL FACILITIES.

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

7 amended—

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

9 and (f) as subsections (d), (e), (f), and (g), respec10 tively;

11 (2) in subsection (a) by striking ‘‘(c)’’ and in12 serting ‘‘(d)’’; and

13 (3) by inserting after subsection (b) the follow14 ing new subsection:

15 ‘‘(c) A person who kills or attempts to kill any person

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

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

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

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

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

21 Section 274(a) of the Immigration and Naturaliza22 tion Act (8 U.S.C. 1324) is amended by inserting before

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

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

25 paragraph (1) the person causes serious bodily injury to,
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1 or places in jeopardy the life of, any alien, such person

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

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

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

5 or for life.’’.

6 TITLE III—HABEAS CORPUS

7 REFORM

8 SEC. 301. SHORT TITLE.

9 This title may be cited as the ‘‘Habeas Corpus Re10 form Act of 1993’’.

11 SEC. 302. FILING DEADLINES.

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

13 States Code, is amended—

14 (1) by amending the heading to read as follows:

15 ‘‘§ 2242. Filing of habeas corpus petition; time re16 quirements; tolling rules’’;

17 (2) by inserting ‘‘(a)(1)’’ before the first para18 graph, ‘‘(2)’’ before the second paragraph, ‘‘(3)’’ be19 fore the third paragraph, and ‘‘(4)’’ before the

20 fourth paragraph;

21 (3) by amending the third paragraph, as des22 ignated by paragraph (3), to read as follows:

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

24 be freely given, as provided in the rules of procedure appli25 cable to civil actions.’’; and
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1 (4) by adding at the end the following new sub2 sections:

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

4 section 2254 shall be filed in the appropriate district court

5 not later than 180 days after—

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

7 of certiorari in the United States Supreme Court on

8 direct appeal or unitary review of the conviction and

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

10 the time limits established by law;

11 ‘‘(2) the date of the denial of a writ of certio12 rari, if a petition for a writ of certiorari to the high13 est court of the State on direct appeal or unitary re14 view of the conviction and sentence is filed, within

15 the time limits established by law, in the United

16 States Supreme Court; or

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

18 the United States Supreme Court, if on a petition

19 for a writ of certiorari the Supreme Court grants

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

21 leaves the sentence undisturbed.

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

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

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

25 court within 270 days of the appointment of counsel as
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1 required by section 2258, the petitioner shall have 180

2 days to file a petition under this chapter upon completion

3 of the State court review.

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

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

6 to a petitioner under sentence of death of the time require7 ments established by this section. Such notice shall be pro8 vided upon the final disposition of the initial petition for

9 State post-conviction review.

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

11 imposed, the time requirements established by subsection

12 (b) shall be tolled—

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

14 failed to appoint counsel for State post-conviction re15 view as required in section 2258;

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

17 is incompetent; and

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

19 60 days, if the petitioner makes a showing of good

20 cause.

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

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

23 than death has filed—

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

25 State court; or
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1 ‘‘(B) a request for counsel for post-conviction

2 review,

3 before the expiration of the period described in subsection

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

5 under this chapter upon completion of the State court re6 view.

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

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

9 than death has been imposed unless—

10 ‘‘(A) the State has provided notice to the peti11 tioner of the time requirements established by this

12 section and of the availability of counsel as described

13 in subparagraph (B); such notice shall be provided

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

15 time the petitioner’s conviction becomes final, except

16 that in a case in which the petitioner’s conviction be17 comes final within 30 days of sentencing, the State

18 may provide both the oral and the written notice at

19 sentencing; in all cases, the written notice to peti20 tioner shall include easily understood instructions for

21 filing a request for counsel for State post-conviction

22 review; and

23 ‘‘(B)(i) the State provides counsel to the peti24 tioner upon the filing of a request for counsel for

25 State post-conviction review; or
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1 ‘‘(ii) the State provides counsel to the peti2 tioner, if a request for counsel for State post-convic3 tion review is not filed, upon the filing of a petition

4 for post-conviction review.

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

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

7 death has been imposed—

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

9 is incompetent; and

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

11 60 days, if the petitioner makes a showing of good

12 cause.

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

14 requirements established by subsection (b) shall be gov15 erned by section 2244(b).’’.

16 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

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

19 follows:

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

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

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

22 amended—

23 (1) by inserting ‘‘(a)(1)’’ before the first para24 graph and ‘‘(2)’’ before the second paragraph; and
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1 (2) by adding at the end the following new sub2 sections:

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

4 a warrant or order setting an execution shall be stayed

5 upon application to any court that would have jurisdiction

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

7 shall be contingent upon the exercise of reasonable dili8 gence by the applicant in pursuing relief with respect to

9 the sentence and shall expire if—

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

11 this chapter within the time requirements estab12 lished by section 2242;

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

14 of appeals review under section 2254, the application

15 is denied and—

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

17 writ of certiorari expires before a petition is

18 filed;

19 ‘‘(B) a timely petition for a writ of certio20 rari is filed and the Supreme Court denies the

21 petition; or

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

23 and, upon consideration of the case, the Su24 preme Court disposes of it in a manner that

25 leaves the capital sentence undisturbed; or
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1 ‘‘(3) before a court of competent jurisdiction, in

2 the presence of counsel, and after being advised of

3 the consequences of the decision, the applicant com4 petently and knowingly waives the right to pursue

5 habeas corpus relief under this chapter.

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

7 occurred, no Federal court thereafter shall have the au8 thority to enter a stay of execution unless the applicant

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

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

11 to this subsection shall expire if, after the grant of the

12 stay, 1 of the conditions specified in subsection (b) (2)

13 or (3) occurs.’’.

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

15 (a) LIMITS ON NEW RULES.—

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

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

18 is amended by adding at the end the following new

19 section:

20 ‘‘§ 2257. Law applicable

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

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

23 apply a new rule to grant habeas corpus relief.

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

25 shall apply a new rule when—
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1 ‘‘(1) the new rule places a class of individual

2 conduct beyond the power of the criminal lawmaking

3 authority to proscribe or prohibits the imposition of

4 a certain type of punishment for a class of persons

5 because of their status or offense; or

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

7 of criminal procedure implicating the fundamental

8 fairness and accuracy of the criminal proceeding.

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

10 that changes the constitutional or statutory standards

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

12 sentence became final on direct appeal.’’.

13 (2) TECHNICAL AMENDMENT.—The chapter

14 analysis for chapter 153 of title 28, United States

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

16 adding at the end the following new item:

‘‘2257. Law applicable.’’.

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

18 28, United States Code, is amended by adding at the end

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

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

21 Federal courts, in reviewing an application under this sec22 tion, shall review de novo the rulings of a State court on

23 matters of Federal law, including the application of Fed24 eral law to facts, regardless of whether the opportunity

25 for a full and fair hearing on such Federal questions has
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1 been provided in the State court. In the case of a violation

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

3 proving harmlessness.’’.

4 SEC. 305. LIMITS ON SUCCESSIVE PETITIONS.

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

6 amended to read as follows:

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

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

9 dismissed unless—

10 ‘‘(A) the petitioner shows that—

11 ‘‘(i) the failure to raise the claim pre12 viously was the result of interference by State

13 officials with the presentation of the claim, in

14 violation of the Constitution or laws of the

15 United States;

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

17 applicable under section 2257 and was pre18 viously unavailable; or

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

20 could not have been discovered previously

21 through the exercise of reasonable diligence;

22 and

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

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

25 be sufficient to—
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1 ‘‘(i) undermine the court’s confidence in

2 the factfinder’s determination of the applicant’s

3 guilt of the offense or offenses for which the

4 sentence was imposed; or

5 ‘‘(ii) demonstrate that no reasonable sen6 tencing authority would have found an aggra7 vating circumstance or other condition of eligi8 bility for a capital or noncapital sentence, or

9 otherwise would have imposed a sentence of

10 death.

11 ‘‘(2) Notwithstanding other matters pending before

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

13 case in which a sentence of death was imposed shall re14 ceive a prompt review in a manner consistent with the in15 terests of justice.’’.

16 SEC. 306. NEW EVIDENCE.

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

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

19 by adding at the end the following new section:

20 ‘‘§ 2256. Capital cases; new evidence

21 ‘‘For purposes of this chapter, a claim arising from

22 a violation of the Constitution, laws, or treaties of the

23 United States shall include a claim by a person under sen24 tence of death that is based on factual allegations that,

25 if proven and viewed in light of the evidence as a whole,
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1 would be sufficient to demonstrate that no reasonable

2 factfinder would have found the petitioner guilty of the

3 offense or that no reasonable sentencing authority would

4 have found an aggravating circumstance or other condi5 tion of eligibility for the sentence. Such a claim shall be

6 dismissed if the facts supporting the claim were actually

7 known to the petitioner during a prior stage of the litiga8 tion in which the claim was not raised. Notwithstanding

9 any other provision of this chapter, the claim shall not

10 be subject to section 2244(b) or the time requirements es11 tablished by section 2242. In all other respects, the claim

12 shall be subject to the rules applicable to claims under this

13 chapter.’’.

14 (b) TECHNICAL AMENDMENT.—The chapter analysis

15 for chapter 153 of title 28, United States Code, as amend16 ed by section 304(a)(2), is amended by adding at the end

17 the following new item:

‘‘2258. Capital cases; new evidence.’’.

18 SEC. 307. CERTIFICATES OF PROBABLE CAUSE.

19 The third paragraph of section 2253 of title 28, Unit20 ed States Code, is amended by adding at the end the fol21 lowing: ‘‘However, an applicant under sentence of death

22 shall have a right of appeal without a certificate of prob23 able cause, except after denial of a habeas corpus petition

24 filed under section 2244(b).’’.
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1 SEC. 308. PROVISION OF COUNSEL.

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

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

4 by adding at the end the following new section:

5 ‘‘§ 2258. Counsel in capital cases; State court

6 ‘‘(a) COUNSEL.—(1) A State in which a sentence of

7 death may be imposed under State law shall provide legal

8 services to—

9 ‘‘(A) indigents charged with offenses for which

10 capital punishment is sought;

11 ‘‘(B) indigents who have been sentenced to

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

13 unitary review in State court; and

14 ‘‘(C) indigents who have been sentenced to

15 death and who seek certiorari review of State court

16 judgments in the United States Supreme Court.

17 ‘‘(2) This section shall not apply or form a basis for

18 relief to nonindigents.

19 ‘‘(b) COUNSEL CERTIFICATION AUTHORITY.—A

20 State in which a sentence of death may be imposed under

21 State law shall, within 180 days after the date of enact22 ment of this subsection, establish a State counsel certifi23 cation authority, which shall be comprised of members of

24 the bar with substantial experience in, or commitment to,

25 the representation of criminal defendants in capital cases,

26 and shall be comprised of a balanced representation from
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1 each segment of the State’s criminal defense bar, such as

2 a statewide defender organization, a capital case resource

3 center, local public defender’s offices and private attorneys

4 involved in criminal trial, appellate, post-conviction, or

5 unitary review practice. If a State fails to establish a coun6 sel certification authority within 180 days after the date

7 of enactment of this subsection, a private cause of action

8 may be brought in Federal district court to enforce this

9 subsection by any aggrieved party, including a defendant

10 eligible for appointed representation under this subsection

11 or a member of an organization eligible for representation

12 on the counsel certification authority. If the court finds

13 that the State has failed to establish a counsel certification

14 authority as required by this subsection, the court shall

15 grant appropriate injunctive and declaratory relief, except

16 that the court shall not grant relief that disturbs any

17 criminal conviction or sentence, obstructs the prosecution

18 of State criminal proceedings, or alters proceedings arising

19 under this chapter.

20 ‘‘(c) DUTIES OF AUTHORITY; CERTIFICATION OF

21 COUNSEL.—The counsel certification authority shall—

22 ‘‘(1) establish and publish standards governing

23 qualifications of counsel, which shall include—
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1 ‘‘(A) knowledge and understanding of per2 tinent legal authorities regarding issues in cap3 ital cases;

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

5 and litigation in capital cases, the investigation

6 of capital cases and the psychiatric history and

7 current condition of capital clients, and the

8 preparation and writing of legal papers in cap9 ital cases;

10 ‘‘(C) the minimum qualifications required

11 by subsection (d); and

12 ‘‘(D) any additional qualifications relevant

13 to the representation of capital defendants;

14 ‘‘(2) establish application and certification pro15 cedures for attorneys who possess the qualifications

16 established pursuant to paragraph (1);

17 ‘‘(3) establish application and certification pro18 cedures for attorneys who do not possess all the

19 qualifications established pursuant to paragraph (1)

20 but who possess, in addition to the minimum quali21 fications required by subsection (d), additional re22 sources (such as an affiliation with a publicly funded

23 defender organization) and experience that enable

24 them to provide quality legal representation com-
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1 parable to that of an attorney possessing the quali2 fications established pursuant to paragraph (1);

3 ‘‘(4) establish application and certification pro4 cedures, to be used on a case by case basis, for at5 torneys who do not necessarily possess the minimum

6 qualifications required by subsection (d), but who

7 possess other extraordinary experience and resources

8 that enable them to provide quality legal representa9 tion comparable to that of an attorney possessing

10 the qualifications established pursuant to paragraph

11 (1);

12 ‘‘(5) publish a current roster of attorneys cer13 tified pursuant to paragraphs (2) and (3) to be ap14 pointed in capital cases;

15 ‘‘(6) establish and publish standards governing

16 the performance of counsel in capital cases, includ17 ing standards that proscribe abusive practices and

18 mandate sound practices in order to further the fair

19 and orderly administration of justice;

20 ‘‘(7) monitor the performance of attorneys cer21 tified pursuant to this subsection; and

22 ‘‘(8) delete from the roster the name of any at23 torney who fails to meet the qualification or per24 formance standards established pursuant to this

25 subsection.
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1 ‘‘(d) MINIMUM COUNSEL STANDARDS.—All counsel

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

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

4 in addition to any qualifications required by State or local

5 law, the following minimum qualifications:

6 ‘‘(1) familiarity with the performance standards

7 established by the counsel certification authority;

8 ‘‘(2) familiarity with the appropriate court sys9 tem, including the procedural rules regarding timeli10 ness of filings and procedural default; and

11 ‘‘(3) in the case of counsel appointed for the

12 trial or sentencing stages, at least 2 of the qualifica13 tions listed in subparagraph (A) and 1 of the quali14 fications listed in subparagraph (B), or 1 of the al15 ternative qualifications listed in subparagraph (C):

16 ‘‘(A) QUALIFYING TRIAL EXPERIENCE

17 (MUST HAVE 2).—Prior experience within the

18 last 10 years as—

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

20 trials, of which no fewer than 5 were crimi21 nal jury trials;

22 ‘‘(ii) lead or sole counsel in 3 criminal

23 jury trials in which the charge was murder

24 or aggravated murder;
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1 ‘‘(iii) co-counsel in 5 criminal jury

2 trials in which the charge was murder or

3 aggravated murder;

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

5 than 5 criminal jury trials involving crimes

6 of violence against persons, punishable by

7 imprisonment of over 1 year,

8 which were tried to a verdict or to a deadlocked

9 jury.

10 ‘‘(B) QUALIFYING CAPITAL TRIAL EXPERI11 ENCE (MUST HAVE 1).—

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

13 last 5 years in the trial of at least 1 capital

14 case that was tried through sentencing;

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

16 than 2 capital cases (1 of which occurred

17 within the last 5 years) that were tried

18 through sentencing;

19 ‘‘(iii) successful completion within the

20 preceding 2 years of a training program in

21 capital trial litigation that has been cer22 tified by the counsel certification authority

23 or, if the authority has not certified a pro24 gram, successful completion of an at least

25 12-hour training program in capital trial
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1 litigation for which continuing legal edu2 cation (CLE) credit is available, and which

3 the CLE authority in the State has cer4 tified as comporting with the objectives

5 and requirements of this section.

6 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI7 ENCE FOR TRIAL.—Notwithstanding subpara8 graphs (A) and (B), an attorney shall be eligi9 ble for certification pursuant to paragraph (2)

10 or (3) of subsection (c) or appointment pursu11 ant to subsection (f) if the attorney—

12 ‘‘(i) has conducted 5 evidentiary hear13 ings and has been employed for more than

14 1 year by a capital resource center, a unit

15 or its equivalent that specializes in capital

16 cases within a public defender office, or a

17 public interest law office specializing in

18 capital litigation; or

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

20 capital litigation resource center as com21 petent to be assigned to a capital trial;

22 ‘‘(4) in the case of counsel appointed for appel23 late or unitary review, at least 1 of the qualifications

24 listed in subparagraph (A) and 1 of the qualifica-
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1 tions listed in subparagraph (B), or 1 of the alter2 native qualifications listed in subparagraph (C):

3 ‘‘(A) QUALIFYING APPELLATE EXPERI4 ENCE (MUST HAVE 1).—Prior experience within

5 the past 5 years as—

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

7 than 10 appeals, of which no fewer than 5

8 were criminal appeals;

9 ‘‘(ii) lead or sole counsel in at least 6

10 criminal felony appeals;

11 ‘‘(iii) lead or sole counsel in 3 crimi12 nal or felony appeals, at least 1 of which

13 was an appeal of a murder or aggravated

14 murder conviction,

15 which were fully briefed.

16 ‘‘(B) QUALIFYING CAPITAL APPELLATE

17 EXPERIENCE (MUST HAVE 1).—

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

19 last 5 years in the appeal or unitary review

20 of at least 1 capital case;

21 ‘‘(ii) co-counsel in the appeal or uni22 tary review of no fewer than 2 capital

23 cases, 1 of which occurred within the last

24 5 years;
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1 ‘‘(iii) successful completion within the

2 preceding 2 years of a training program in

3 the litigation of capital appeals that has

4 been certified by the counsel certification

5 authority or, if the authority has not cer6 tified a program, successful completion of

7 an at least 12-hour training program in

8 capital litigation with a focus on appeals

9 for which continuing legal education

10 (CLE) credit is available, and which the

11 CLE authority in the State has certified as

12 comporting with the objectives and the re13 quirements of this section.

14 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI15 ENCE FOR APPEALS.—Notwithstanding sub16 paragraphs (A) and (B), an attorney shall be

17 eligible for certification pursuant to paragraph

18 (2) or (3) of subsection (c) or for appointment

19 pursuant to subsection (f) if the attorney—

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

21 1 year by a capital resource center, a unit

22 or its equivalent that specializes in capital

23 cases within a public defender office, or a

24 public interest law office specializing in

25 capital litigation; or
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1 ‘‘(ii) has been certified by the State

2 capital litigation resource center as com3 petent to be assigned to a capital appeal;

4 and

5 ‘‘(5) in the case of counsel appointed for post6 conviction proceedings, at least 2 of the qualifica7 tions listed in subparagraph (A) and at least 1 of

8 the qualifications listed in subparagraph (B), or 1 of

9 the alternative qualifications listed in subparagraph

10 (C):

11 ‘‘(A) QUALIFYING POST-CONVICTION EXPE12 RIENCE (MUST HAVE 2).—Prior experience with13 in the past 10 years as—

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

15 than 3 post-conviction proceedings;

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

17 post-conviction proceedings;

18 ‘‘(iii) 1 of the trial qualifications listed

19 in paragraph (3)(A);

20 ‘‘(iv) 1 of the appellate qualifications

21 listed in paragraph (4)(A).

22 ‘‘(B) QUALIFYING CAPITAL POST-CONVIC23 TION EXPERIENCE (MUST HAVE 1).—

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

25 last 5 years in the trial (through sentenc-
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1 ing), appeal, or post-conviction review of at

2 least 1 capital case;

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

4 sentencing), appeal, or post-conviction re5 view of no fewer than 2 capital cases, 1 of

6 which occurred within the last 5 years;

7 ‘‘(iii) successful completion during the

8 preceding 2 years of a training program in

9 the litigation of capital post-conviction pro10 ceedings that has been certified by the

11 counsel certification authority or, if the au12 thority has not certified a program, suc13 cessful completion of an at least 12-hour

14 training program in capital litigation with

15 a focus on post-conviction proceedings for

16 which continuing legal education (CLE)

17 credit is available, and which the CLE au18 thority in the State has certified as com19 porting with the objectives and require20 ments of this section.

21 ‘‘(C) ALTERNATIVE QUALIFYING EXPERI22 ENCE FOR POST-CONVICTION PROCEEDINGS.—

23 Notwithstanding subparagraphs (A) and (B),

24 an attorney shall be eligible for certification

25 pursuant to paragraph (2) or (3) of subsection
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1 (c) or appointment pursuant to subsection (f) if

2 the attorney—

3 ‘‘(i) has conducted 3 evidentiary hear4 ings and has been employed for more than

5 1 year by a capital litigation resource cen6 ter, by a unit or its equivalent that special7 izes in capital cases within a public de8 fender office, or by a public interest law of9 fice specializing in capital litigation; or

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

11 capital litigation resource center as com12 petent to be assigned to a capital post-con13 viction proceeding.

14 ‘‘(e) APPOINTMENT OF CERTIFIED COUNSEL.—(1)

15 The State court shall appoint at least 2 attorneys to rep16 resent an indigent at trial, and at least 1 attorney to rep17 resent an indigent at the appellate, unitary or post-convic18 tion review stage, including—

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

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

21 ‘‘(B) a defender organization or resource cen22 ter, which shall designate appropriate attorneys af23 filiated with the organization, including a lead coun24 sel who is named on the roster; or
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•S 1488 IS

1 ‘‘(C) a lead counsel certified pursuant to sub2 section (c)(4).

3 ‘‘(2) The State court may appoint additional attor4 neys upon a showing of need.

5 ‘‘(f) APPOINTMENT OF NONCERTIFIED COUNSEL.—

6 (1) If there is no roster of attorneys published pursuant

7 to subsection (c)(5), or if no attorney on the roster can

8 accept the appointment and if no attorney certified pursu9 ant to subsection (c)(4) has been appointed, the State

10 court shall appoint at least 2 attorneys to represent an

11 indigent at trial, and at least 1 attorney to represent an

12 indigent at the appellate, unitary or post-conviction review

13 stage, including—

14 ‘‘(A) a lead counsel who possesses the minimum

15 qualifications required by subsection (d); or

16 ‘‘(B) a defender organization or resource cen17 ter, which shall designate appropriate attorneys af18 filiated with the organization, including a lead coun19 sel who possesses the qualifications required by sub20 section (d).

21 ‘‘(2) No attorney shall be appointed pursuant to this

22 subsection unless the State court has first conducted an

23 evidentiary hearing on the record in which the court deter24 mines, after the attorney gives sworn testimony and pre25 sents documentary proof that the attorney possesses each
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1 of the qualifications required by subsection (d), that the

2 attorney possesses the requisite qualifications. In making

3 its determination, the court, shall, to each qualification re4 quired by subsection (d), shall make a specific finding on

5 the record that the attorney possesses the qualification.

6 ‘‘(g) No attorney may be denied certification pursu7 ant to paragraph (2) or (3) of subsection (c) or appoint8 ment pursuant to subsection (f) solely because of prior em9 ployment as a prosecutor.

10 ‘‘(h) Prior to appointing counsel pursuant to this sec11 tion, the State court shall inquire as to whether counsel

12 maintains a workload which, by reason of its excessive

13 size, will interfere with the rendering of quality represen14 tation or create a substantial risk of a breach of profes15 sional obligations.

16 ‘‘(i) If a person entitled to an appointment of counsel

17 declines to accept an appointment, the State court shall

18 conduct, or cause to be conducted, a hearing, at which

19 the person and counsel proposed to be appointed shall be

20 present, to determine the person’s competence to decline

21 the appointment, and whether the person has competently

22 and knowingly declined it.

23 ‘‘(j) If a State court fails to appoint counsel in a pro24 ceeding specified in subsection (a), or if a State court in

25 a proceeding described in subsection (a)—
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1 ‘‘(1) fails to appoint the number of counsel re2 quired in subsection (e);

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

4 roster published pursuant to subsection (c)(5);

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

6 a certification issued pursuant to subsection (c)(4);

7 or

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

9 the hearing, receive the requisite testimony and

10 proof, or make the determination required by sub11 section (f),

12 a Federal court, in a proceeding under this chapter, shall

13 neither presume findings of fact made at such proceeding

14 to be correct nor decline to consider a claim on the ground

15 that it was not raised in such proceeding at the time or

16 in the manner prescribed by State law. In no cir17 cumstances other than those described in this subsection

18 shall a determination of noncompliance with this section

19 provide a basis for relief to a petitioner proceeding under

20 this chapter.

21 ‘‘(k) No attorney appointed to represent a prisoner

22 in State post-conviction proceedings shall have previously

23 represented the prisoner at trial or on direct appeal in the

24 case for which the appointment is made, unless the pris-
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1 oner and attorney expressly request continued representa2 tion.

3 ‘‘(l) Notwithstanding the rates and maximum limits

4 generally applicable to criminal cases and any other provi5 sion of law to the contrary, the highest State court with

6 jurisdiction over criminal cases shall, after notice and com7 ment, establish a schedule of hourly rates for the com8 pensation of attorneys appointed pursuant to this section

9 that are reasonable in light of the qualifications of attor10 neys appointed and the local practices for legal representa11 tion in cases reflecting the complexity and responsibility

12 of capital cases. For each attorney appointed pursuant to

13 this section, the State court shall separately order com14 pensation at the rates set by the highest State court for

15 the hours the attorneys reasonably expended on the case

16 and for reasonable expenses paid for investigative, expert,

17 and other reasonably necessary services. Any aggrieved

18 party may bring a private cause of action in Federal dis19 trict court to enforce the provisions of this subsection for

20 the establishment of a schedule of reasonable hourly rates

21 for the compensation of attorneys. In such an action, the

22 Federal court shall not independently determine the ap23 propriate rates, but shall decide whether the hourly rates

24 as scheduled by the State court are within the range of

25 reasonableness consistent with the criteria stated in this
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1 subsection. If the hourly rates as scheduled are not within

2 the range of reasonableness, or if no schedule of rates has

3 been established, the court shall grant appropriate injunc4 tive or declaratory relief, except that the court shall not

5 grant relief that disturbs any criminal conviction or sen6 tence, obstructs the prosecution of State criminal proceed7 ings, or alters proceedings arising under this chapter.

8 ‘‘(m) The ineffectiveness or incompetence of counsel

9 appointed pursuant to this section during State or Federal

10 post-conviction proceedings shall not be a ground for relief

11 in a proceeding arising under section 2254. This limitation

12 shall not preclude the appointment of different counsel at

13 any phase of State or Federal post-conviction proceedings.

14 ‘‘(n) Nothing in this section changes the constitu15 tional standard governing claims of ineffective assistance

16 of counsel pursuant to the sixth amendment to the Con17 stitution of the United States. A determination of non18 compliance with this section (as opposed to the facts which

19 support such a determination) shall not provide a basis

20 for a claim of constitutionally ineffective assistance of

21 counsel.

22 ‘‘(o) The requirements of this section shall apply to

23 any appointment of counsel made after the effective date

24 of this Act in any trial, direct appeal, or unitary review

25 of a capital indigent. Counsel shall be appointed as pro-
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1 vided in this section in any post-conviction proceeding

2 commenced after the effective date of this Act. In no case

3 shall counsel appointed for a proceeding commenced be4 fore the effective date of this Act be subject to the require5 ments of this section, nor shall any person whose counsel

6 was appointed for any trial, appeal, post-conviction or uni7 tary review before the effective date of this Act be entitled

8 to any relief, including application of subsection (j), based

9 on a claim that counsel was not appointed in conformity

10 with subsection (e) or (f).’’.

11 (b) TECHNICAL AMENDMENT.—The chapter analysis

12 for chapter 153 of title 28, United States Code, as amend13 ed by section 304(a)(2), is amended by adding at the end

14 the following new item:

‘‘2258. Counsel in capital cases; State court.’’.

15 SEC. 309. CAPITAL LITIGATION FUNDING.

16 (a) GRANTS UNDER THE EDWARD BYRNE GRANT

17 PROGRAM.—

18 (1) IN GENERAL.—Subpart 2 of part E of title

19 I of the Omnibus Crime Control and Safe Streets

20 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by

21 adding at the end the following new section:

22 ‘‘HABEAS CORPUS LITIGATION

23 ‘‘SEC. 511A. Notwithstanding any other provision of

24 this title, the Director shall provide grants to the States,

25 from the funding allocated pursuant to section 511, for
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1 the purpose of supporting litigation pertaining to Federal

2 habeas corpus petitions in capital cases. The total funding

3 available for such grants within any fiscal year shall be

4 equal to the funding provided to capital resource centers,

5 pursuant to Federal appropriation, in the same fiscal

6 year.’’.

7 (2) TECHNICAL AMENDMENT.—The table of

8 contents of title I of the Omnibus Crime Control and

9 Safe Streets Act of 1968 (42 U.S.C. preceding

10 3701) is amended by inserting after the item relat11 ing to section 511 the following new item:

‘‘Sec. 511A. Habeas corpus litigation.’’.

12 (b) GRANTS FOR STATE CAPITAL LITIGATION.—

13 (1) IN GENERAL.—Title I of the Omnibus

14 Crime Control and Safe Streets Act of 1968 (42

15 U.S.C. 3711 et seq.), as amended by section 103(a)

16 is amended—

17 (A) by redesignating part R as part S;

18 (B) by redesignating section 1801 as sec19 tion 1901; and

20 (C) by inserting after part Q the following

21 new part:
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1 ‘‘PART R—GRANTS FOR STATE CAPITAL

2 LITIGATION

3 ‘‘SEC. 1801. GRANT AUTHORIZATION.

4 ‘‘The Director of the Bureau of Justice Assistance

5 shall make grants to States from amounts appropriated

6 to carry out this part for the use by States and by local

7 entities in the States to comply with section 2258 of title

8 28, United States Code.

9 ‘‘SEC. 1802. STATE APPLICATIONS.

10 ‘‘(a) IN GENERAL.—(1) To request a grant under

11 this part, the Chief Executive of a State shall submit an

12 application to the Director in such form and containing

13 such information as the Director may reasonably require.

14 ‘‘(2) An application under paragraph (1) shall include

15 assurances that Federal funds received under this part

16 shall be used to supplement, not supplant, non-Federal

17 funds that would otherwise be available for activities fund18 ed under this part.

19 ‘‘(b) STATE OFFICE.—The office designated under

20 section 507—

21 ‘‘(1) shall prepare an application under this sec22 tion; and

23 ‘‘(2) shall administer grant funds received

24 under this part, including review of spending, proc25 essing, progress, financial reporting, technical assist-
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1 ance, grant adjustments, accounting, auditing, and

2 fund disbursement.

3 ‘‘SEC. 1803. REVIEW OF STATE APPLICATIONS.

4 ‘‘(a) IN GENERAL.—The Director shall make a grant

5 under section 1801 to carry out the activities described

6 in the application submitted by an applicant under section

7 1802 upon determining that—

8 ‘‘(1) the application is consistent with the re9 quirements of this part; and

10 ‘‘(2) before the approval of the application, the

11 Bureau has made an affirmative finding in writing

12 that the proposed activities have been reviewed in

13 accordance with this part.

14 ‘‘(b) APPROVAL.—Each application submitted under

15 section 1802 shall be considered to be approved, in whole

16 or in part, by the Director not later than 45 days after

17 first received unless the Director informs the applicant of

18 specific reasons for disapproval.

19 ‘‘(c) DISAPPROVAL NOTICE AND RECONSIDER20 ATION.—The Director shall not disapprove any application

21 without first affording the applicant reasonable notice and

22 opportunity for reconsideration.

23 ‘‘SEC. 1804. DISTRIBUTION OF FUNDS.

24 ‘‘For fiscal years 1994, 1995, and 1996, the Federal

25 share of a grant made under this part may not exceed
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1 75 percent of the total costs of the activities described in

2 the application submitted under section 1702 for the fiscal

3 year for which the project receives assistance under this

4 part. Thereafter, the Federal share of a grant made under

5 this part may not exceed 50 percent.

6 ‘‘SEC. 1805. EVALUATION.

7 ‘‘(a) IN GENERAL.—(1) A State that receives a grant

8 under this part shall submit to the Director an evaluation

9 not later than March 1 of each year in accordance with

10 guidelines issued by the Director.

11 ‘‘(2) The Director may waive the requirement speci12 fied in subsection (a) if the Director determines that such

13 evaluation is not warranted in the case of any particular

14 State.

15 ‘‘(b) DISTRIBUTION.—A State or local entity may use

16 not more than 5 percent of the funds it receives under

17 this part to develop an evaluation program under this sec18 tion.’’.

19 (2) TECHNICAL AMENDMENT.—The table of

20 contents of title I of the Omnibus Crime Control and

21 Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

22 as amended by section 103(b), is amended by strik23 ing the matter relating to part R and inserting the

24 following:

‘‘PART R—GRANTS FOR STATE CAPITAL LITIGATION
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‘‘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.’’.

1 (3) AUTHORIZATION OF APPROPRIATIONS.—

2 Section 1001(a) of title I of the Omnibus Crime

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

4 3793(a)), as amended by section 103(c), is amend5 ed—

6 (A) in paragraph (3) by striking ‘‘and Q’’

7 and inserting ‘‘Q, and R’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(12) There are authorized to be appropriated such

11 sums as are necessary to carry out activities under part

12 R.’’.

13 SEC. 310. CERTIFICATION OF COMPLIANCE.

14 (a) IN GENERAL.—Subpart 1 of part E of title I of

15 the Omnibus Crime Control and Safe Streets Act of 1968

16 (42 U.S.C. 501 et seq.) is amended by adding at the end

17 the following new section:

18 ‘‘CERTIFICATION OF COMPLIANCE

19 ‘‘SEC. 509A. In any application for a grant under this

20 subpart, a State in which a sentence of death may be im21 posed shall certify whether it will comply with the provi-
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1 sions of section 2258 of title 28, United States Code. If

2 the State chooses not to certify that it will comply with

3 the provisions of that section, the amount of funds that

4 the State is eligible to receive under that subpart shall

5 be reduced by 75 percent. If the State certifies that it will

6 comply with the provisions of section 2258 of title 28,

7 United States Code, the amount of funds that the State

8 is eligible to receive under that subpart shall not be re9 duced by virtue of any failure or alleged failure to carry

10 out any of the requirements of that section. The sole en11 forcement mechanisms for the requirements set forth in

12 that section shall be those provided in that section, to

13 which the State shall be deemed to have consented by cer14 tifying that it will comply with the provisions of that sec15 tion.’’.

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

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

18 Act of 1968 (42 U.S.C. preceding 3701) is amended by

19 inserting after the item relating to section 509 the follow20 ing new item:

‘‘Sec. 509A. Certification of compliance.’’.

21 SEC. 311. EFFECTIVE DATE.

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

23 (b), this title and the amendments made by this title shall

24 take effect on the date that is 180 days after the date

25 of enactment of this Act.
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1 (b) SECTION 2258(b) OF TITLE 28, UNITED STATES

2 CODE.—Section 2258(b) of title 28, United States Code,

3 as added by section 208(a), shall take effect on the date

4 of enactment of this Act.

5 TITLE IV—GUN CRIME

6 PENALTIES

7 SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTO8 MATIC FIREARM DURING A CRIME OF VIO9 LENCE OR A DRUG TRAFFICKING CRIME.

10 (a) AMENDMENT TO SENTENCING GUIDELINES.—

11 Pursuant to its authority under section 994 of title 28,

12 United States Code, the United States Sentencing Com13 mission shall amend its sentencing guidelines to provide

14 an appropriate enhancement of the punishment for a

15 crime of violence (as defined in section 924(c)(3) of title

16 18, United States Code) or a drug trafficking crime (as

17 defined in section 924(c)(2) of title 18, United States

18 Code) if a semiautomatic firearm is involved.

19 (b) SEMIAUTOMATIC FIREARM.—In subsection (a),

20 ‘‘semiautomatic firearm’’ means any repeating firearm

21 that utilizes a portion of the energy of a firing cartridge

22 to extract the fired cartridge case and chamber the next

23 round and that requires a separate pull of the trigger to

24 fire each cartridge.
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1 SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF

2 USING AN EXPLOSIVE TO COMMIT A FELONY.

3 Pursuant to its authority under section 994 of title

4 28, United States Code, the United States Sentencing

5 Commission shall promulgate amendments to the sentenc6 ing guidelines to appropriately enhance penalties in a case

7 in which a defendant convicted under section 844(h) of

8 title 18, United States Code, has previously been convicted

9 under that section.

10 SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAF11 FICKING.

12 Section 924 of title 18, United States Code, as

13 amended by section 213, is amended by adding at the end

14 the following new subsection:

15 ‘‘(j) A person who, with intent to engage in or to pro16 mote conduct that—

17 ‘‘(1) is punishable under the Controlled Sub18 stances Act (21 U.S.C. 801 et seq.), the Controlled

19 Substances Import and Export Act (21 U.S.C. 951

20 et seq.), or the Maritime Drug Law Enforcement

21 Act (46 U.S.C. App. 1901 et seq.);

22 ‘‘(2) violates any law of a State relating to any

23 controlled substance (as defined in section 102 of

24 the Controlled Substances Act, 21 U.S.C. 802); or

25 ‘‘(3) constitutes a crime of violence (as defined

26 in subsection (c)(3)),
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1 smuggles or knowingly brings into the United States a

2 firearm, or attempts to do so, shall be imprisoned not

3 more than 10 years, fined under this title, or both.’’.

4 SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.

5 (a) FIREARMS.—Section 924 of title 18, United

6 States Code, as amended by section 403(a), is amended

7 by adding at the end the following new subsection:

8 ‘‘(k) A person who steals any firearm which is moving

9 as, or is a part of, or which has moved in, interstate or

10 foreign commerce shall be imprisoned for not more than

11 10 years, fined under this title, or both.’’.

12 (b) EXPLOSIVES.—Section 844 of title 18, United

13 States Code, is amended by adding at the end the follow14 ing new subsection:

15 ‘‘(k) A person who steals any explosives materials

16 which are moving as, or are a part of, or which have moved

17 in, interstate or foreign commerce shall be imprisoned for

18 not more than 10 years, fined under this title, or both.’’.

19 SEC. 405. REVOCATION OF SUPERVISED RELEASE.

20 Section 3583 of title 18, United States Code, is

21 amended by striking subsection (g) and inserting the fol22 lowing:

23 ‘‘(g) MANDATORY REVOCATION FOR POSSESSION OF

24 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL
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1 TO COOPERATE WITH DRUG TESTING.—If the defend2 ant—

3 ‘‘(1) possesses a controlled substance in viola4 tion of the condition set forth in subsection (d);

5 ‘‘(2) possesses a firearm, as such term is de6 fined in section 921 of this title, in violation of Fed7 eral law, or otherwise violates a condition of super8 vised release prohibiting the defendant from possess9 ing a firearm; or

10 ‘‘(3) refuses to cooperate in drug testing im11 posed as a condition of supervised release,

12 the court shall revoke the term of supervised release and

13 require the defendant to serve a term of imprisonment not

14 to exceed the maximum term of imprisonment authorized

15 under subsection (e)(3).’’.

16 SEC. 406. REVOCATION OF PROBATION.

17 (a) CONTINUATION OR REVOCATION.—Section

18 3565(a) of title 18, United States Code, is amended—

19 (1) in paragraph (2) by striking ‘‘impose any

20 other sentence that was available under subchapter

21 A at the time of the initial sentencing’’ and inserting

22 ‘‘resentence the defendant under subchapter A’’; and

23 (2) by striking the last sentence.
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1 (b) MANDATORY REVOCATION.—Section 3565(b) of

2 title 18, United States Code, is amended to read as fol3 lows:

4 ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF

5 CONTROLLED SUBSTANCE OR FIREARM OR FOR REFUSAL

6 TO COOPERATE WITH DRUG TESTING.—If the defend7 ant—

8 ‘‘(1) possesses a controlled substance in viola9 tion of the condition set forth in section 3563(a)(3);

10 ‘‘(2) possesses a firearm (as defined in section

11 921) in violation of Federal law or otherwise violates

12 a condition of probation prohibiting the defendant

13 from possessing a firearm; or

14 ‘‘(3) refuses to cooperate in drug testing in vio15 lation of the condition imposed under subsection

16 (a)(4),

17 the court shall revoke the sentence of probation and

18 resentence the defendant under subchapter A to a sen19 tence that includes a term of imprisonment.’’.

20 SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING

21 FALSE, MATERIAL STATEMENT IN CONNEC22 TION WITH THE ACQUISITION OF A FIREARM

23 FROM A LICENSED DEALER.

24 Section 924(a) of title 18, United States Code, is

25 amended—
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1 (1) in paragraph (a)(1)(B) by striking

2 ‘‘(a)(6),’’; and

3 (2) in subsection (a)(2) by inserting ‘‘(a)(6),’’

4 after ‘‘subsections’’.

5 SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND

6 OTHERS.

7 Section 842(i) of title 18, United States Code, is

8 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

9 SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUB10 JECT TO FORFEITURE.

11 Section 844(c) of title 18, United States Code, is

12 amended—

13 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

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

15 paragraphs:

16 ‘‘(2) Notwithstanding paragraph (1), in the case of

17 the seizure of any explosive materials for any offense for

18 which the materials would be subject to forfeiture in which

19 it would be impracticable or unsafe to remove the mate20 rials to a place of storage or would be unsafe to store

21 them, the seizing officer may destroy the explosive mate22 rials forthwith. Any destruction under this paragraph shall

23 be in the presence of at least 1 credible witness. The seiz24 ing officer shall make a report of the seizure and take

25 samples as the Secretary may by regulation prescribe.
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1 ‘‘(3) Within 60 days after any destruction made pur2 suant to paragraph (2), the owner of (including any per3 son having an interest in) the property so destroyed may

4 make application to the Secretary for reimbursement of

5 the value of the property. If the claimant establishes to

6 the satisfaction of the Secretary that—

7 ‘‘(A) the property has not been used or involved

8 in a violation of law; or

9 ‘‘(B) any unlawful involvement or use of the

10 property was without the claimant’s knowledge, con11 sent, or willful blindness,

12 the Secretary shall make an allowance to the claimant not

13 exceeding the value of the property destroyed.’’.

14 SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELAT15 ING TO PAROLE.

16 (a) SECTION (e)(1) OF TITLE 18.—Section 924(e)(1)

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

18 ‘‘, and such person shall not be eligible for parole with

19 respect to the sentence imposed under this subsection’’.

20 (b) SECTION 924(c)(1) OF TITLE 18.—Section

21 924(c)(1) of title 18, United States Code, is amended by

22 striking ‘‘No person sentenced under this subsection shall

23 be eligible for parole during the term of imprisonment im24 posed under this subsection.’’.
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1 SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLV2 ING STOLEN FIREARMS WHICH HAVE MOVED

3 IN INTERSTATE OR FOREIGN COMMERCE.

4 Section 922(j) of title 18, United States Code, is

5 amended to read as follows:

6 ‘‘(j) It shall be unlawful for any person to receive,

7 possess, conceal, store, barter, sell, or dispose of any stolen

8 firearm or stolen ammunition, or pledge or accept as secu9 rity for a loan any stolen firearm or stolen ammunition,

10 which is moving as, which is a part of, which constitutes,

11 or which has been shipped or transported in, interstate

12 or foreign commerce, either before or after it was stolen,

13 knowing or having reasonable cause to believe that the

14 firearm or ammunition was stolen.’’.

15 SEC. 412. USING A FIREARM IN THE COMMISSION OF COUN16 TERFEITING OR FORGERY.

17 Pursuant to its authority under section 994 of title

18 28, United States Code, the United States Sentencing

19 Commission shall amend its sentencing guidelines to pro20 vide an appropriate enhancement of the punishment for

21 a defendant convicted of a felony under chapter 25 of title

22 18, United States Code, if the defendant used or carried

23 a firearm (as defined in section 921(a)(3) of title 18, Unit24 ed States Code) during and in relation to the felony.
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1 SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSES2 SION BY VIOLENT FELONS AND SERIOUS

3 DRUG OFFENDERS.

4 Pursuant to its authority under section 994 of title

5 28, United States Code, the United States Sentencing

6 Commission shall amend its sentencing guidelines to—

7 (1) appropriately enhance penalties in cases in

8 which a defendant convicted under section 922(g) of

9 title 18, United States Code, has 1 prior conviction

10 by any court referred to in section 922(g)(1) of title

11 18 for a violent felony (as defined in section

12 924(e)(2)(B) of that title) or a serious drug offense

13 (as defined in section 924(e)(2)(A) of that title); and

14 (2) appropriately enhance penalties in cases in

15 which such a defendant has 2 prior convictions for

16 a violent felony (as so defined) or a serious drug of17 fense (as so defined).

18 SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.

19 Section 922(a) of title 18, United States Code, is

20 amended—

21 (1) by striking ‘‘and’’ at the end of paragraph

22 (7);

23 (2) by striking the period at the end of para24 graph (8) and inserting ‘‘; and’’; and

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

26 paragraph:
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1 ‘‘(9) for any person, other than a licensed im2 porter, licensed manufacturer, licensed dealer, or li3 censed collector, who does not reside in any State to

4 receive any firearms unless such receipt is for lawful

5 sporting purposes.’’.

6 SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.

7 (a) FIREARMS.—Section 924 of title 18, United

8 States Code, as amended by section 404(a), is amended

9 by adding at the end the following new subsection:

10 ‘‘(l) A person who conspires to commit any offense

11 under this chapter shall be subject to the same penalties

12 as those prescribed for the offense the commission of

13 which was the object of the conspiracy.’’.

14 (b) EXPLOSIVES.—Section 844 of title 18, United

15 States Code, as amended by section 404(b), is amended

16 by adding at the end the following new subsection:

17 ‘‘(l) A person who conspires to commit any offense

18 under this chapter shall be subject to the same penalties

19 as those prescribed for the offense the commission of

20 which was the object of the conspiracy.’’.

21 SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO

22 CONGRESS.

23 (a) STUDY.—The Secretary of the Treasury shall

24 conduct a study of the incendiary ammunition offered for

25 sale under the brand name ‘‘Dragon’s Breath’’ and also
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1 known as the ‘‘Three Second Flame Thrower’’, and all in2 cendiary ammunition of similar function or effect, for the

3 purpose of determining whether there is a reasonable

4 sporting use for such ammunition and whether there is

5 a reasonable use for such ammunition in law enforcement.

6 (b) REPORT TO THE CONGRESS.—Not later than 1

7 year after the date of enactment of this Act, the Secretary

8 of the Treasury shall submit to the Committee on the Ju9 diciary of the House of Representatives a report contain10 ing the results of the study required by subsection (a) and

11 recommendations for such legislative or administrative ac12 tion, with respect to the ammunition referred to in sub13 section (a), as the Secretary deems appropriate.

14 SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LI15 CENSEE.

16 (a) FIREARMS.—Section 924 of title 18, United

17 States Code, as amended by section 415(a), is amended

18 by adding at the end the following new subsection:

19 ‘‘(m) A person who steals any firearm from a licensed

20 importer, licensed manufacturer, licensed dealer, or li21 censed collector shall be fined under this title, imprisoned

22 not more than 10 years, or both.’’.

23 (b) EXPLOSIVES.—Section 844 of title 18, United

24 States Code, as amended by section 415(b), is amended

25 by adding at the end the following new subsection:
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1 ‘‘(m) A person who steals any explosive material from

2 a licensed importer, licensed manufacturer, or licensed

3 dealer, or from any permittee shall be fined under this

4 title, imprisoned not more than 10 years, or both.’’.

5 SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PER6 SONS.

7 Section 842(d) of title 18, United States Code, is

8 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

9 SEC. 419. CLARIFICATION OF ‘‘BURGLARY’’ UNDER THE

10 ARMED CAREER CRIMINAL STATUTE.

11 Section 924(e)(2) of title 18, United States Code, is

12 amended—

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (B)(ii);

15 (2) by striking the period at the end of sub16 paragraph (C) and inserting ‘‘; and’’; and

17 (3) by adding at the end the following new sub18 paragraph:

19 ‘‘(D) the term ‘burglary’ means any crime pun20 ishable by a term of imprisonment exceeding 1 year

21 and consisting of entering or remaining surrep22 titiously within a building that is the property of an23 other with intent to engage in conduct constituting

24 a Federal or State offense.’’.
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1 SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN

2 TRAFFICKING.

3 Section 924 of title 18, United States Code, as

4 amended by section 417(a), is amended by adding at the

5 end the following new subsection:

6 ‘‘(n) A person who, with the intent to engage in con7 duct that constitutes a violation of section 922(a)(1)(A),

8 travels from any State or foreign country into any other

9 State and acquires, or attempts to acquire, a firearm in

10 such other State in furtherance of such purpose shall be

11 imprisoned for not more than 10 years.’’.

12 TITLE V—OBSTRUCTION OF

13 JUSTICE

14 SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.

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

16 amended—

17 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

18 (2) by striking ‘‘fined not more than $5,000 or

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

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

21 (3) by adding at the end the following new sub22 section:

23 ‘‘(b) The punishment for an offense under this sec24 tion is—

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

26 provided in sections 1111 and 1112;
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1 ‘‘(2) in the case of an attempted killing, or a

2 case in which the offense was committed against a

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

4 charged, imprisonment for not more than 20 years;

5 and

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

7 more than 10 years.’’; and

8 (4) in subsection (a), as designated by para9 graph (1), by striking ‘‘commissioner’’ each place it

10 appears and inserting ‘‘magistrate judge’’.

11 SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF

12 WITNESSES, VICTIMS AND INFORMANTS.

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

14 amended—

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

16 subsections (b) and (c), respectively; and

17 (2) by inserting after the section heading the

18 following new subsection:

19 ‘‘(a)(1) Whoever kills or attempts to kill another per20 son with intent to retaliate against any person for—

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

22 official proceeding, or any testimony given or any

23 record, document, or other object produced by a wit24 ness in an official proceeding; or
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1 ‘‘(B) any information relating to the commis2 sion or possible commission of a Federal offense or

3 a violation of conditions of probation, parole, or re4 lease pending judicial proceedings given by a person

5 to a law enforcement officer; shall be punished as

6 provided in paragraph (2).

7 ‘‘(2) The punishment for an offense under this sub8 section is—

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

10 provided in sections 1111 and 1112; and

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

12 for not more than 20 years.’’.

13 SEC. 503. PROTECTION OF JURORS AND WITNESSES IN

14 CAPITAL CASES.

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

16 amended by inserting before the period the following: ‘‘,

17 except that such list of the veniremen and witnesses need

18 not be furnished if the court finds by a preponderance of

19 the evidence that providing the list may jeopardize the life

20 or safety of any person’’.
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1 SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OF2 FICIALS ASSISTING FEDERAL LAW ENFORCE3 MENT OFFICIALS.

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

5 States Code, as amended by section 112(a), is amended

6 by adding at the end the following new section:

7 ‘‘§ 1120. Killing persons aiding Federal investigations

8 ‘‘A person who intentionally kills—

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

10 officer, or other officer or employee while working

11 with Federal law enforcement officials in furtherance

12 of a Federal criminal investigation—

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

14 performance of official duties;

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

16 victim’s official duties; or

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

18 public servant; or

19 ‘‘(2) any person assisting a Federal criminal in20 vestigation, while that assistance is being rendered

21 and because of it,

22 shall be sentenced as provided in section 1111, including

23 by sentence of death or by imprisonment for life.’’.

24 (b) TECHNICAL AMENDMENT.—The chapter analysis

25 for chapter 51 of title 18, United States Code, as amended
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1 by section 112(b), is amended by adding at the end the

2 following new item:

‘‘1120. Killing persons aiding Federal investigations.’’.

3 SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WIT4 NESSES.

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

6 Code, is amended to read as follows:

7 ‘‘(A) in the case of murder (as defined in sec8 tion 1111), the death penalty or imprisonment for

9 life, and in the case of any other killing, the punish10 ment provided in section 1112;’’.

11 TITLE VI—YOUTH VIOLENCE

12 Subtitle A—Increased Penalties for

13 Drug Trafficking and Criminal

14 Street Gangs

15 SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EM16 PLOYING CHILDREN TO DISTRIBUTE DRUGS.

17 Section 419 of the Controlled Substances Act (21

18 U.S.C. 860) is amended—

19 (1) by redesignating subsections (c) and (d) as

20 subsections (d) and (e), respectively; and

21 (2) by inserting after subsection (b) the follow22 ing new subsection:

23 ‘‘(c) Notwithstanding any other provision of law, any

24 person at least 18 years of age who knowingly and inten25 tionally—
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1 ‘‘(1) employs, hires, uses, persuades, induces,

2 entices, or coerces, a person under 18 years of age

3 to violate any provision of this section; or

4 ‘‘(2) employs, hires, uses, persuades, induces,

5 entices, or coerces, a person under 18 years of age

6 to assist in avoiding detection or apprehension for

7 any offense of this section by any Federal, State, or

8 local law enforcement official,

9 is punishable by a term of imprisonment, or fine, or both,

10 up to triple that authorized by section 841(b).’’.

11 SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.

12 Section 5032 of title 18, United States Code, is

13 amended by striking ‘‘Any proceedings against a juvenile

14 under this chapter or as an adult shall not be commenced

15 until’’ and inserting ‘‘A juvenile shall not be transferred

16 to adult prosecution nor shall a hearing be held under sec17 tion 5037 (disposition after a finding of juvenile delin18 quency) until’’.

19 SEC. 603. CRIMINAL STREET GANGS.

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

21 Code, is amended by inserting after chapter 25 the follow22 ing new chapter:

23 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec.

‘‘521. Criminal street gangs.
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1 ‘‘§ 521. Criminal street gangs

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘ ‘conviction’ includes a finding, under State or

4 Federal law, that a person has committed an act of

5 juvenile delinquency involving a violent or controlled

6 substances felony.

7 ‘‘ ‘criminal street gang’ means any group, club,

8 organization, or association of 5 or more persons—

9 ‘‘(A) whose members engage or have en10 gaged within the past 5 years, in a continuing

11 series of violations of any offense treated in

12 subsection (b); and

13 ‘‘(B) whose activities affect interstate or

14 foreign commerce.

15 ‘‘(b) PENALTY.—A person who, under the cir16 cumstances described in subsection (d), commits an of17 fense described in subsection (c), shall, in addition to any

18 other sentence authorized by law, be sentenced to a term

19 of imprisonment of not more than 10 years and may also

20 be fined under this title. Such a sentence of imprisonment

21 shall run consecutively to any other sentence imposed.

22 ‘‘(c) OFFENSES.—The offenses described in this sec23 tion are—

24 ‘‘(1) any Federal felony involving a controlled

25 substance (as defined in section 102 of the Con-
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1 trolled Substances Act (21 U.S.C. 802)) for which

2 the maximum penalty is not less than 5 years;

3 ‘‘(2) any Federal felony crime of violence; and

4 ‘‘(3) a conspiracy to commit any of the offenses

5 described in paragraphs (1) and (2).

6 ‘‘(d) CIRCUMSTANCES.—The circumstances described

7 in this section are that the offense described in subsection

8 (c) was committed by a person as a member of, or on be9 half of, a criminal street gang and that person has been

10 convicted within the past 5 years for—

11 ‘‘(1) an offense described in subsection (c);

12 ‘‘(2) any State offense—

13 ‘‘(A) involving a controlled substance (as

14 defined in section 102 of the Controlled Sub15 stances Act (21 U.S.C. 802)) for which the

16 maximum penalty is not less than 1 year after

17 imprisonment; or

18 ‘‘(B) that is a crime of violence; for which

19 the maximum penalty is more than 1 year’s im20 prisonment;

21 ‘‘(3) any Federal or State offense that involves

22 the theft or destruction of property for which the

23 maximum penalty is more than 1 year’s imprison24 ment; or
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1 ‘‘(4) a conspiracy to commit any of the offenses

2 described in paragraphs (1), (2), or (3).’’.

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

4 part I of title 18, United States Code, is amended by in5 serting after the item relating to chapter 25 the following

6 new item:

‘‘26. Criminal street gangs .............................................................. 521’’.

7 Subtitle B—Juvenile Drug Traffick8 ing and Gang Prevention Grants

9 SEC. 611. GRANT PROGRAM.

10 The Juvenile Justice and Delinquency Prevention Act

11 of 1974 is amended in part B—

12 (1) by inserting after the heading the following:

13 ‘‘Subpart I—General Grant Programs’’;

14 and

15 (2) by adding at the end the following new sub16 part:

17 ‘‘Subpart II—Juvenile Drug Trafficking and Gang

18 Prevention Grants

19 ‘‘FORMULA GRANTS

20 ‘‘SEC. 231. (a) IN GENERAL.—The Administrator

21 may make grants to States and units of general local gov22 ernment or combinations thereof to assist them in plan23 ning, establishing, operating, coordinating, and evaluating

24 projects directly or through grants and contracts with

25 public and private agencies for the development of more
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1 effective programs including education, prevention, treat2 ment and enforcement programs to reduce—

3 ‘‘(1) the formation or continuation of juvenile

4 gangs; and

5 ‘‘(2) the use and sale of illegal drugs by juve6 niles.

7 ‘‘(b) PURPOSES.—The grants made under this sec8 tion can be used for any of the following specific purposes:

9 ‘‘(1) To reduce the participation of juveniles in

10 drug related crimes (including drug trafficking and

11 drug use), particularly in and around elementary

12 and secondary schools.

13 ‘‘(2) To reduce juvenile involvement in orga14 nized crime, drug and gang-related activity, particu15 larly activities that involve the distribution of drugs

16 by or to juveniles.

17 ‘‘(3) To develop within the juvenile justice sys18 tem, including the juvenile corrections system, new

19 and innovative means to address the problems of ju20 veniles convicted of serious, drug-related and gang21 related offenses.

22 ‘‘(4) To reduce juvenile drug and gang-related

23 activity in public housing projects.

24 ‘‘(5) To provide technical assistance and train25 ing to personnel and agencies responsible for the ad-
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1 judicatory and corrections components of the juve2 nile justice system to identify drug-dependent or

3 gang-involved juvenile offenders and to provide ap4 propriate counseling and treatment to such offend5 ers.

6 ‘‘(6) To promote the involvement of all juveniles

7 in lawful activities, including in-school and after8 school programs for academic, athletic or artistic en9 richment that also teach that drug and gang involve10 ment are wrong.

11 ‘‘(7) To facilitate Federal and State cooperation

12 with local school officials to develop education, pre13 vention, and treatment programs for juveniles who

14 are likely to participate in the drug trafficking, drug

15 use or gang-related activities.

16 ‘‘(8) To prevent juvenile drug and gang involve17 ment in public housing projects through programs

18 establishing youth sports and other activities, includ19 ing girls’ and boys’ clubs, scout troops, and little

20 leagues.

21 ‘‘(9) To provide pre- and post-trial drug abuse

22 treatment to juveniles in the juvenile justice system,

23 with the highest possible priority being to provide

24 drug abuse treatment to drug-dependent pregnant

25 juveniles and drug-dependent juvenile mothers.
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1 ‘‘(10) To provide education and treatment pro2 grams for youth exposed to severe violence in their

3 homes, schools, or neighborhoods.

4 ‘‘(11) To establish sports mentoring and coach5 ing programs in which athletes serve as role models

6 for youth to teach that athletics provide a positive

7 alternative to drug and gang involvement.

8 ‘‘(c) USE OF GRANT FUNDS.—Of the funds made

9 available to each State under this section, 50 percent of

10 the funds made available to each State in any fiscal year

11 shall be used for juvenile anti-gang or anti-drug education,

12 prevention, and treatment programs and 50 percent shall

13 be used for juvenile anti-gang or anti-drug enforcement

14 programs.

15 ‘‘SPECIAL EMPHASIS DRUG DEMAND REDUCTION AND

16 ENFORCEMENT GRANTS

17 ‘‘SEC. 232. (a) PURPOSE.—The purposes of this sec18 tion are—

19 ‘‘(1) to provide additional Federal assistance

20 and support to identify promising new juvenile drug

21 demand reduction and enforcement programs;

22 ‘‘(2) to replicate and demonstrate those pro23 grams to serve as national, regional, or local models

24 that could be used, in whole or in part, by other

25 public and private juvenile justice programs; and
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1 ‘‘(3) to provide technical assistance and train2 ing to public or private organizations to implement

3 similar programs.

4 ‘‘(b) PRIORITY.—In making grants under this sec5 tion, the Administrator shall give priority to programs

6 aimed at juvenile involvement in organized gang- and

7 drug-related activities, including supply and demand re8 duction programs.

9 ‘‘(c) AUTHORIZATION.—The Administrator may

10 make grants to, or enter into contracts with, public or pri11 vate non-profit agencies, institutions, or organizations or

12 individuals to carry out any purpose authorized in section

13 231.

14 ‘‘(d) AUTHORITY OVER FUNDS.—The Administrator

15 shall have final authority over all funds awarded under

16 this subchapter.

17 ‘‘(e) RESERVATION OF FUNDS.—Of the total amount

18 appropriated for this subchapter, 20 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 232(a).

23 ‘‘(f) FEDERAL SHARE.—Grants made under this sec24 tion may be made for amounts up to 100 percent of the

25 costs of the programs or projects.
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1 ‘‘SPECIAL INTERNATIONAL PORTS OF ENTRY JUVENILE

2 CRIME AND DRUG DEMAND REDUCTION GRANTS

3 ‘‘SEC. 233. (a) PURPOSE.—The purposes of this sec4 tion are—

5 ‘‘(1) to provide additional Federal assistance

6 and support to promising new programs that specifi7 cally and effectively address the unique crime and

8 drug and alcohol related challenges faced by juve9 niles living at or near International Ports of Entry

10 and in other international border communities, in11 cluding rural localities;

12 ‘‘(2) to replicate and demonstrate these pro13 grams to serve as models that could be used, in

14 whole or in part, in other similarly situated commu15 nities; and

16 ‘‘(3) to provide technical assistance and train17 ing to public or private organizations to implement

18 similar programs.

19 ‘‘(b) AUTHORIZATION.—The Administrator may

20 make grants to, or enter into contracts with, public or pri21 vate non-profit agencies, institutions, or organizations or

22 individuals to carry out any purpose authorized in section

23 231, if the beneficiaries of the grantee’s program are juve24 niles living at or near International Ports of Entry or in
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1 other international border communities, including rural lo2 calities.

3 ‘‘(c) AUTHORITY OVER FUNDS.—The Administrator

4 shall have final authority over all funds awarded under

5 this section.

6 ‘‘(d) RESERVATION OF FUNDS.—Of the total amount

7 appropriated for this subchapter, 5 percent shall be re8 served and set aside for this section in a special discre9 tionary fund for use by the Administrator to carry out

10 the purposes specified in section 231 as described in sec11 tion 233(a).

12 ‘‘(e) FEDERAL SHARE.—Grants made under this sec13 tion may be made for amounts up to 100 per centum of

14 the costs of the programs.

15 ‘‘AUTHORIZATION OF APPROPRIATIONS

16 ‘‘SEC. 234. There are authorized to be appropriated

17 to carry out this subpart—

18 ‘‘(1) $100,000,000 for fiscal year 1995; and

19 ‘‘(2) such sums as are necessary for fiscal year

20 1996.

21 ‘‘ALLOCATION OF FUND

22 ‘‘SEC. 235. Of the total amounts appropriated under

23 this subpart for any fiscal year the amount remaining

24 after setting aside the amounts required to be reserved

25 to carry out section 232 shall be allocated as follows:
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1 ‘‘(1) $400,000 shall be allocated to each of the

2 participating States.

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 which

6 bears the same ratio to the amount of remaining

7 funds described in this paragraph as the population

8 of juveniles of the State bears to the population of

9 juveniles in all of the participating States.

10 ‘‘APPLICATION

11 ‘‘SEC. 236. (a) IN GENERAL.—Each State applying

12 for a grant under section 231 and each public or private

13 entity applying for a grant under section 232 shall submit

14 an application to the Administrator in such form and con15 taining such information as the Administrator shall pre16 scribe.

17 ‘‘(b) REGULATIONS.—To the extent that it is prac18 ticable to do so, the Administrator shall prescribe regula19 tions governing applications for this subpart that are sub20 stantially similar to the applications required under part

21 I and part C, including the procedures relating to competi22 tion.

23 ‘‘(c) COORDINATION OF FEDERAL ASSISTANCE.—In

24 addition to the requirements prescribed under subsection

25 (b), each State application submitted for a grant under

26 section 231 shall include a detailed description of how the
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1 funds made available under that section will be coordi2 nated with Federal assistance provided in parts B and C

3 of title II of this Act and by the Bureau of Justice Assist4 ance under the Drug Control and System Improvement

5 Grant program.

6 ‘‘REVIEW AND APPROVAL OF APPLICATIONS

7 ‘‘SEC. 237. The procedures and time limits imposed

8 on the Federal and State Governments under sections 505

9 and 508, respectively, of title I of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3755 and

11 3758) relating to the review of applications and distribu12 tion of Federal funds shall apply to the review of applica13 tions and distribution of funds under this subpart.’’.

14 Subtitle C—Bindover System for

15 Certain Violent Juveniles

16 SEC. 621. BINDOVER SYSTEM.

17 Section 501(b) of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3751), as

19 amended by section 1002, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (21);

22 (2) by striking the period at the end of para23 graph (22) and inserting ‘‘; and’’; and

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

25 paragraph:
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1 ‘‘(23) programs that address the need for effec2 tive bindover systems for the prosecution of violent

3 16- and 17-year-olds in courts with jurisdiction over

4 adults for the crimes of—

5 ‘‘(A) murder in the first degree;

6 ‘‘(B) murder in the second degree;

7 ‘‘(C) attempted murder;

8 ‘‘(D) armed robbery when armed with a

9 firearm;

10 ‘‘(E) aggravated battery or assault when

11 armed with a firearm;

12 ‘‘(F) criminal sexual penetration when

13 armed with a firearm; and

14 ‘‘(G) drive-by shootings as described in

15 section 36 of title 18, United States Code.’’.

16 TITLE VII—TERRORISM

17 Subtitle A—Maritime Navigation

18 and Fixed Platforms

19 SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME

20 NAVIGATION OR FIXED PLATFORMS.

21 Chapter 111 of title 18, United States Code, is

22 amended by adding at the end the following new sections:

23 ‘‘§ 2280. Violence against maritime navigation

24 ‘‘(a) OFFENSES.—
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1 ‘‘(1) IN GENERAL.—A person who unlawfully

2 and intentionally—

3 ‘‘(A) seizes or exercises control over a ship

4 by force or threat thereof or any other form of

5 intimidation;

6 ‘‘(B) performs an act of violence against a

7 person on board a ship if that act is likely to

8 endanger the safe navigation of that ship;

9 ‘‘(C) destroys a ship or causes damage to

10 a ship or to its cargo which is likely to endan11 ger the safe navigation of that ship;

12 ‘‘(D) places or causes to be placed on a

13 ship, by any means whatsoever, a device or sub14 stance which is likely to destroy that ship, or

15 cause damage to that ship or its cargo which

16 endangers or is likely to endanger the safe navi17 gation of that ship;

18 ‘‘(E) destroys or seriously damages mari19 time navigational facilities or seriously inter20 feres with their operation, if such act is likely

21 to endanger the safe navigation of a ship;

22 ‘‘(F) communicates information, knowing

23 the information to be false and under cir24 cumstances in which such information may rea-
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1 sonably be believed, thereby endangering the

2 safe navigation of a ship;

3 ‘‘(G) injures or kills any person in connec4 tion with the commission or the attempted com5 mission of any of the offenses set forth in sub6 paragraphs (A) through (F); or

7 ‘‘(H) attempts to do any act prohibited

8 under subparagraphs (A) through (G),

9 shall be fined under this title, imprisoned not more

10 than 20 years, or both; and if the death of any per11 son results from conduct prohibited by this para12 graph, shall be punished by death or imprisoned for

13 any term of years or for life.

14 ‘‘(2) THREAT TO NAVIGATION.—A person who

15 threatens to do any act prohibited under paragraph

16 (1) (B), (C) or (E), with apparent determination

17 and will to carry the threat into execution, if the

18 threatened act is likely to endanger the safe naviga19 tion of the ship in question, shall be fined under this

20 title, imprisoned not more than 5 years, or both.

21 ‘‘(b) JURISDICTION.—There is jurisdiction over the

22 prohibited activity in subsection (b)—

23 ‘‘(1) in the case of a covered ship, if—

24 ‘‘(A) such activity is committed—
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1 ‘‘(i) by a person engaged in terrorism

2 or who acts on behalf of a terrorist group;

3 ‘‘(ii) against or on board a ship flying

4 the flag of the United States at the time

5 the prohibited activity is committed;

6 ‘‘(iii) in the United States and the ac7 tivity is not prohibited as a crime by the

8 State in which the activity takes place; or

9 ‘‘(iv) the activity takes place on a ship

10 flying the flag of a foreign country or out11 side the United States, by a national of the

12 United States or by a stateless person

13 whose habitual residence is in the United

14 States;

15 ‘‘(B) during the commission of such activ16 ity, a national of the United States is seized,

17 threatened, injured or killed; or

18 ‘‘(C) the offender is later found in the

19 United States after such activity is committed;

20 ‘‘(2) in the case of a ship navigating or sched21 uled to navigate solely within the territorial sea or

22 internal waters of a country other than the United

23 States, if the offender is later found in the United

24 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(c) DEFINITIONS.—In this section—

5 ‘‘ ‘covered ship’ means a ship that is navigating

6 or is scheduled to navigate into, through or from wa7 ters beyond the outer limit of the territorial sea of

8 a single country or a lateral limit of that country’s

9 territorial sea with an adjacent country.

10 ‘‘ ‘national of the United States’ has the mean11 ing stated in section 101(a)(22) of the Immigration

12 and Nationality Act (8 U.S.C. 1101(a)(22)).

13 ‘‘ ‘territorial sea of the United States’ means all

14 waters extending seaward to 12 nautical miles from

15 the baselines of the United States determined in ac16 cordance with international law.

17 ‘‘ ‘ship’ means a vessel of any type whatsoever

18 not permanently attached to the sea-bed, including

19 dynamically supported craft, submersibles or any

20 other floating craft, but does not include a warship,

21 a ship owned or operated by a government when

22 being used as a naval auxiliary or for customs or po23 lice purposes, or a ship which has been withdrawn

24 from navigation or laid up.
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1 ‘‘ ‘United States’, when used in a geographical

2 sense, includes the Commonwealth of Puerto Rico,

3 the Commonwealth of the Northern Marianas Is4 lands and all territories and possessions of the Unit5 ed States.

6 ‘‘§ 2281. Violence against maritime fixed platforms

7 ‘‘(a) OFFENSES.—

8 ‘‘(1) IN GENERAL.—A person who unlawfully

9 and intentionally—

10 ‘‘(A) seizes or exercises control over a fixed

11 platform by force or threat thereof or any other

12 form of intimidation;

13 ‘‘(B) performs an act of violence against a

14 person on board a fixed platform if that act is

15 likely to endanger its safety;

16 ‘‘(C) destroys a fixed platform or causes

17 damage to it which is likely to endanger its

18 safety;

19 ‘‘(D) places or causes to be placed on a

20 fixed platform, by any means whatsoever, a de21 vice or substance which is likely to destroy that

22 fixed platform or likely to endanger its safety;

23 ‘‘(E) injures or kills any person in connec24 tion with the commission or the attempted com-
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1 mission of any of the offenses set forth in sub2 paragraphs (A) through (D); or

3 ‘‘(F) attempts to do anything prohibited

4 under subparagraphs (A) through (E),

5 shall be fined under this title, imprisoned not more

6 than 20 years, or both; and if death results to any

7 person from conduct prohibited by this paragraph,

8 shall be punished by death or imprisoned for any

9 term of years or for life.

10 ‘‘(2) THREAT TO SAFETY.—A person who

11 threatens to do anything prohibited under paragraph

12 (1) (B) or (C), with apparent determination and will

13 to carry the threat into execution, if the threatened

14 act is likely to endanger the safety of the fixed plat15 form, shall be fined under this title, imprisoned not

16 more than 5 years, or both.

17 ‘‘(b) JURISDICTION.—There is jurisdiction over the

18 prohibited activity in subsection (b) if—

19 ‘‘(1) such activity is committed against or on

20 board a fixed platform—

21 ‘‘(A) that is located on the continental

22 shelf of the United States, if—

23 ‘‘(i) by a person engaged in terrorism

24 or who acts on behalf of a terrorist group;

25 or
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1 ‘‘(ii) if the activity is not prohibited as

2 a crime by the State in which the activity

3 takes place;

4 ‘‘(B) that is located on the continental

5 shelf of another country, by a national of the

6 United States or by a stateless person whose

7 habitual residence is in the United States; or

8 ‘‘(C) in an attempt to compel the United

9 States to do or abstain from doing any act;

10 ‘‘(2) during the commission of such activity

11 against or on board a fixed platform located on a

12 continental shelf, a national of the United States is

13 seized, threatened, injured or killed; or

14 ‘‘(3) such activity is committed against or on

15 board a fixed platform located outside the United

16 States and beyond the continental shelf of the Unit17 ed States and the offender is later found in the

18 United States.

19 ‘‘(c) DEFINITIONS.—In this section—

20 ‘‘ ‘continental shelf’ means the sea-bed and sub21 soil of the submarine areas that extend beyond a

22 country’s territorial sea to the limits provided by

23 customary international law as reflected in Article

24 76 of the 1982 Convention on the Law of the Sea.
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1 ‘‘ ‘fixed platform’ means an artificial island, in2 stallation or structure permanently attached to the

3 sea-bed for the purpose of exploration or exploitation

4 of resources or for other economic purposes.

5 ‘‘ ‘national of the United States’ has the mean6 ing stated in section 101(a)(22) of the Immigration

7 and Nationality Act (8 U.S.C. 1101(a)(22)).

8 ‘‘ ‘territorial sea of the United States’ means all

9 waters extending seaward to 12 nautical miles from

10 the baselines of the United States determined in ac11 cordance with international law.

12 ‘‘ ‘United States’, when used in a geographical

13 sense, includes the Commonwealth of Puerto Rico,

14 the Commonwealth of the Northern Marianas Is15 lands and all territories and possessions of the Unit16 ed States.’’.

17 SEC. 702. TECHNICAL AMENDMENT.

18 The chapter analysis for chapter 111 of title 18,

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

20 following new items:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

21 SEC. 703. EFFECTIVE DATES.

22 This subtitle and the amendments made by this sub23 title shall take effect on the later of—

24 (1) the date of the enactment of this Act; or
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1 (2)(A) in the case of section 2280 of title 18,

2 United States Code, the date the Convention for the

3 Suppression of Unlawful Acts Against the Safety of

4 Maritime Navigation has come into force and the

5 United States has become a party to that Conven6 tion; and

7 (B) in the case of section 2281 of title 18,

8 United States Code, the date the Protocol for the

9 Suppression of Unlawful Acts Against the Safety of

10 Fixed Platforms Located on the Continental Shelf

11 has come into force and the United States has be12 come a party to that Protocol.

13 Subtitle B—General Provisions

14 SEC. 711. WEAPONS OF MASS DESTRUCTION.

15 (a) FINDINGS.—The Congress finds that the use and

16 threatened use of weapons of mass destruction (as defined

17 in section 2332a of title 18, United States Code, as added

18 by subsection (b)) gravely harm the national security and

19 foreign relations interests of the United States, seriously

20 affect interstate and foreign commerce, and disturb the

21 domestic tranquility of the United States.

22 (b) OFFENSE.—Chapter 113A of title 18, United

23 States Code, is amended by inserting after section 2332

24 the following new section:
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1 ‘‘§ 2332a. Use of weapons of mass destruction

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘ ‘national of the United States’ has the mean4 ing given in section 101(a)(22) of the Immigration

5 and Nationality Act (8 U.S.C. 1101(a)(22)).

6 ‘‘ ‘weapon of mass destruction’ means—

7 ‘‘(A) any destructive device (as defined in

8 section 921);

9 ‘‘(B) poison gas;

10 ‘‘(C) any weapon involving a disease orga11 nism; or

12 ‘‘(D) any weapon that is designed to re13 lease radiation or radioactivity at a level dan14 gerous to human life.

15 ‘‘(b) OFFENSE.—A person who uses, or attempts or

16 conspires to use, a weapon of mass destruction—

17 ‘‘(1) against a national of the United States

18 while such national is outside of the United States;

19 ‘‘(2) against any person within the United

20 States; or

21 ‘‘(3) against any property that is owned, leased

22 or used by the United States or by any department

23 or agency of the United States, whether the property

24 is within or outside of the United States;
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1 shall be imprisoned for any term of years or for life, and

2 if death results, shall be punished by death or imprisoned

3 for any term of years or for life.’’.

4 (c) TECHNICAL AMENDMENT.—The chapter analysis

5 for chapter 113A of title 18, United States Code, is

6 amended by inserting after the item relating to section

7 2332 the following new item:

‘‘2332a. Use of weapons of mass destruction.’’.

8 SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.

9 (a) SECTION 1705(b).—Section 206(b) of the Inter10 national Economic Emergency Powers Act (50 U.S.C.

11 1705(b)) is amended by striking ‘‘$50,000’’ and inserting

12 ‘‘$1,000,000’’.

13 (b) SECTION 1705(a).—Section 206(a) of the Inter14 national Economic Emergency Powers Act (50 U.S.C.

15 1705(a)) is amended by striking ‘‘$10,000’’ and inserting

16 ‘‘$1,000,000’’.

17 (c) SECTION 1541.—Section 1541 of title 18, United

18 States Code, is amended—

19 (1) by striking ‘‘$500’’ and inserting

20 ‘‘$250,000’’; and

21 (2) by striking ‘‘one year’’ and inserting ‘‘5

22 years’’.

23 (d) CHAPTER 75.—Sections 1542, 1543, 1544 and

24 1546 of title 18, United States Code, are each amended—
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1 (1) by striking ‘‘$2,000’’ each place it appears

2 and inserting ‘‘$250,000’’; and

3 (2) by striking ‘‘five years’’ each place it ap4 pears and inserting ‘‘10 years’’.

5 (e) SECTION 1545.—Section 1545 of title 18, United

6 States Code, is amended—

7 (1) by striking ‘‘$2,000’’ and inserting

8 ‘‘$250,000’’; and

9 (2) by striking ‘‘three years’’ and inserting ‘‘10

10 years’’.

11 SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES

12 INCLUDED IN SPECIAL MARITIME AND TER13 RITORIAL JURISDICTION.

14 The Congress declares that all the territorial sea of

15 the United States, as defined by Presidential Proclamation

16 5928 of December 27, 1988, is part of the United States,

17 subject to its sovereignty, and, for purposes of Federal

18 criminal jurisdiction, is within the special maritime and

19 territorial jurisdiction of the United States wherever that

20 term is used in title 18, United States Code.

21 SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRI22 TORIAL SEA.

23 Section 13 of title 18, United States Code (relating

24 to the adoption of State laws for areas within Federal ju25 risdiction), is amended—
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1 (1) by inserting after ‘‘title’’ in subsection (a)

2 the following: ‘‘or on, above, or below any portion of

3 the territorial sea of the United States not within

4 the territory of any State, Territory, Possession, or

5 District’’; and

6 (2) by inserting at the end the following new

7 subsection:

8 ‘‘(c) Whenever any waters of the territorial sea of the

9 United States lie outside the territory of any State, Terri10 tory, Possession, or District, such waters (including the

11 airspace above and the seabed and subsoil below, and arti12 ficial islands and fixed structures erected thereon) shall

13 be deemed for purposes of subsection (a) to lie within the

14 area of that State, Territory, Possession, or District it

15 would lie within if the boundaries of such State, Territory,

16 Possession, or District were extended seaward to the outer

17 limit of the territorial sea of the United States.’’.

18 SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED

19 STATES NATIONALS ON CERTAIN FOREIGN

20 SHIPS.

21 Section 7 of title 18, United States Code (relating

22 to the special maritime and territorial jurisdiction of the

23 United States), is amended by inserting at the end thereof

24 the following new paragraph:
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1 ‘‘(8) To the extent permitted by international law,

2 any foreign vessel during a voyage having a scheduled de3 parture from or arrival in the United States with respect

4 to an offense committed by or against a national of the

5 United States.’’.

6 SEC. 716. TORTURE.

7 (a) IN GENERAL.—Part I of title 18, United States

8 Code, is amended by inserting after chapter 113A the fol9 lowing new chapter:

10 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

‘‘2340. Definitions.

‘‘2340A. Torture.

‘‘2340B. Exclusive remedies.

11 ‘‘§ 2340. Definitions

12 ‘‘In this chapter—

13 ‘‘ ‘severe mental pain or suffering’ means the

14 prolonged mental harm caused by or resulting

15 from—

16 ‘‘(A) the intentional infliction or threat17 ened infliction of severe physical pain or suffer18 ing;

19 ‘‘(B) the administration or application, or

20 threatened administration or application, of

21 mind altering substances or other procedures

22 calculated to disrupt profoundly the senses or

23 the personality;
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1 ‘‘(C) the threat of imminent death; or

2 ‘‘(D) the threat that another person will

3 imminently be subjected to death, severe phys4 ical pain or suffering, or the administration or

5 application of mind altering substances or other

6 procedures calculated to disrupt profoundly the

7 senses or personality.

8 ‘‘ ‘torture’ means an act committed by a person

9 acting under the color of law specifically intended to

10 inflict severe physical or mental pain or suffering

11 (other than pain or suffering incidental to lawful

12 sanctions) upon another person within his custody or

13 physical control.

14 ‘‘ ‘United States’ includes all areas under the

15 jurisdiction of the United States including any of the

16 places within the provisions of sections 5 and 7 of

17 this title and section 101(38) of the Federal Avia18 tion Act of 1958 (49 U.S.C. App. 1301(38)).

19 ‘‘§ 2340A. Torture

20 ‘‘(a) OFFENSES.—A person who outside the United

21 States commits or attempts to commit torture shall be

22 fined under this title, imprisoned not more than 20 years,

23 or both; and if death results to any person from conduct

24 prohibited by this subsection, shall be punished by death

25 or imprisoned for any term of years or for life.
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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the

2 prohibited activity in subsection (a) if—

3 ‘‘(1) the alleged offender is a national of the

4 United States; or

5 ‘‘(2) the alleged offender is present in the Unit6 ed States, irrespective of the nationality of the vic7 tim or the alleged offender.

8 ‘‘§ 2340B. Exclusive remedies

9 ‘‘Nothing in this chapter shall be construed as pre10 cluding the application of State or local laws on the same

11 subject, nor shall anything in this chapter be construed

12 as creating any substantive or procedural right enforceable

13 by law by any party in any civil proceeding.’’.

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

15 part I of title 18, United States Code, is amended by in16 serting after the item for chapter 113A the following new

17 item:

‘‘113B. Torture ..................................................................................... 2340.’’.

18 (c) EFFECTIVE DATE.—The amendment made by

19 this section shall take effect on the later of—

20 (1) the date of enactment of this Act; or

21 (2) the date on which the United States has be22 come a party to the Convention Against Torture and

23 Other Cruel, Inhuman or Degrading Treatment or

24 Punishment.
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1 SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS

2 FOR CERTAIN TERRORISM OFFENSES.

3 (a) IN GENERAL.—Chapter 213 of title 18, United

4 States Code, is amended by inserting after section 3285

5 the following new section:

6 ‘‘§ 3286. Extension of statute of limitations for certain

7 terrorism offenses

8 ‘‘Notwithstanding the provisions of section 3282, no

9 person shall be prosecuted, tried, or punished for any of10 fense involving a violation of section 32 (aircraft destruc11 tion), section 36 (airport violence), section 112 (assaults

12 upon diplomats), section 351 (crimes against Congress13 men or Cabinet officers), section 1116 (crimes against dip14 lomats), section 1203 (hostage taking), section 1361 (will15 ful injury to government property), section 1751 (crimes

16 against the President), section 2280 (maritime violence),

17 section 2281 (maritime platform violence), section 2331

18 (terrorist acts abroad against United States nationals),

19 section 2339 (use of weapons of mass destruction), or sec20 tion 2340A (torture) of this title or section 902 (i), (j),

21 (k), (l), or (n) of the Federal Aviation Act of 1958, as

22 amended (49 U.S.C. App. 1572 (i), (j), (k), (l), or (n)),

23 unless the indictment is found or the information is insti24 tuted within ten years next after such offense shall have

25 been committed.’’.
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1 (b) TECHNICAL AMENDMENT.—The chapter analysis

2 for chapter 213 of title 18, United States Code, is amend3 ed by inserting after the item relating to section 3285 the

4 following new item:

‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.

5 SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFOR6 MATION.

7 (a) REQUIRED CERTIFICATION.—Section 2709(b) of

8 title 18, United States Code, is amended to read as fol9 lows:

10 ‘‘(b) REQUIRED CERTIFICATION.—The Director of

11 the Federal Bureau of Investigation, or his designee in

12 a position not lower than Deputy Assistant Director,

13 may—

14 ‘‘(1) request the name, address, length of serv15 ice, and toll billing records of a person or entity if

16 the Director (or his designee in a position not lower

17 than Deputy Assistant Director) certifies in writing

18 to the wire or electronic communication service pro19 vider to which the request is made that—

20 ‘‘(A) the name, address, length of service,

21 and toll billing records sought are relevant to

22 an authorized foreign counterintelligence inves23 tigation; and

24 ‘‘(B) there are specific and articulable

25 facts giving reason to believe that the person or
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1 entity to whom the information sought pertains

2 is a foreign power or an agent of a foreign

3 power as defined in section 101 of the Foreign

4 Intelligence Surveillance Act of 1978 (50

5 U.S.C. 1801); and

6 ‘‘(2) request the name, address, and length of

7 service of a person or entity if the Director (or his

8 designee in a position not lower than Deputy Assist9 ant Director) certifies in writing to the wire or elec10 tronic communication service provider to which the

11 request is made that—

12 ‘‘(A) the information sought is relevant to

13 an authorized foreign counterintelligence inves14 tigation; and

15 ‘‘(B) there are specific and articulable

16 facts giving reason to believe that communica17 tion facilities registered in the name of the per18 son or entity have been used, through the serv19 ices of such provider, in communication with—

20 ‘‘(i) an individual who is engaging or

21 has engaged in international terrorism as

22 defined in section 101(c) of the Foreign

23 Intelligence Surveillance Act or clandestine

24 intelligence activities that involve or may
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1 involve a violation of the criminal statutes

2 of the United States; or

3 ‘‘(ii) a foreign power or an agent of a

4 foreign power under circumstances giving

5 reason to believe that the communication

6 concerned international terrorism as de7 fined in section 101(c) of the Foreign In8 telligence Surveillance Act or clandestine

9 intelligence activities that involve or may

10 involve a violation of the criminal statutes

11 of the United States.’’.

12 (b) REPORT TO JUDICIARY COMMITTEES.—Section

13 2709(e) of title 18, United States Code, is amended by

14 adding after ‘‘Senate’’ the following: ‘‘, and the Committee

15 on the Judiciary of the House of Representatives and the

16 Committee on the Judiciary of the Senate,’’.

17 SEC. 719. VIOLENCE AT AIRPORTS SERVING INTER18 NATIONAL CIVIL AVIATION.

19 (a) OFFENSE.—Chapter 2 of title 18, United States

20 Code, is amended by adding at the end thereof the follow21 ing new section:

22 ‘‘§ 36. Violence at international airports

23 ‘‘(a) DEFINITIONS.—In this section, ‘terrorism’ and

24 ‘terrorist group’ have, respectively, the meanings stated in

25 section 140 of Public Law 100–204 (22 U.S.C. 2656f).
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1 ‘‘(b) OFFENSE.—A person who unlawfully and inten2 tionally, using any device, substance, or weapon—

3 ‘‘(1) performs an act of violence against a per4 son at an airport serving international civil aviation

5 that causes or is likely to cause serious bodily injury

6 or death; or

7 ‘‘(2) destroys or seriously damages the facilities

8 of an airport serving international civil aviation or a

9 civil aircraft not in service located thereon or dis10 rupts the services of the airport,

11 if such an act endangers or is likely to endanger safety

12 at that airport, or attempts to do such an act, shall be

13 fined under this title, imprisoned not more than 20 years,

14 or both; and if the death of any person results from con15 duct prohibited by this subsection, shall be punished by

16 death or imprisoned for any term of years or for life.

17 ‘‘(c) JURISDICTION.—There is jurisdiction over the

18 prohibited activity in subsection (b) if—

19 ‘‘(1) the prohibited activity takes place in the

20 United States and—

21 ‘‘(A) the perpetrator of the prohibited ac22 tivity engages in terrorism or acts on behalf of

23 a terrorist group;
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1 ‘‘(B) the activity violates subsection (b)(1)

2 and the person against whom the violence is di3 rected is engaged in international air travel;

4 ‘‘(C) the activity violates subsection (b)(2)

5 and the facility or aircraft destroyed or dam6 aged is owned by or leased by a foreign flag

7 carrier or the services disrupted are primarily

8 for the benefit of such a carrier; or

9 ‘‘(D) the activity is not prohibited as a

10 crime by the law of the State in which the air11 port is located; or

12 ‘‘(2) the prohibited activity takes place outside

13 the United States and the offender is later found in

14 the United States.’’.

15 (b) TECHNICAL AMENDMENT.—The chapter analysis

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

17 by adding at the end the following new item:

‘‘36. Violence at international airports.’’.

18 (c) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect on the later of—

20 (1) the date of enactment of this Act; or

21 (2) the date on which the Protocol for the Sup22 pression of Unlawful Acts of Violence at Airports

23 Serving International Civil Aviation, Supplementary

24 to the Convention for the Suppression of Unlawful

25 Acts Against the Safety of Civil Aviation, done at
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1 Montreal on 23 September 1971, has come into

2 force and the United States has become a party to

3 the Protocol.

4 SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CI5 VILIAN AVIATION.

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

7 States Code, as amended by section 719(a), is amended

8 by adding at the end the following new section:

9 ‘‘§ 37. Violations of Federal aviation security regula10 tions

11 ‘‘A person who willfully violates a security regulation

12 under part 107 or 108 of title 14, Code of Federal Regula13 tions (relating to airport and airline security) issued pur14 suant to section 315 or 316 of the Air Transportation Se15 curity Act of 1974 (49 U.S.C. App. 1356 and 1357), or

16 a successor part, shall be fined under this title, imprisoned

17 for not more than 1 year, or both.’’.

18 (b) TECHNICAL AMENDMENT.—The chapter analysis

19 for chapter 2 of title 18, United States Code, as amended

20 by section 719(b), is amended by adding at the end the

21 following new item:

‘‘37. Violations of Federal aviation security regulations.’’.
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1 SEC. 721. COUNTERFEITING UNITED STATES CURRENCY

2 ABROAD.

3 (a) IN GENERAL.—Chapter 25 of title 18, United

4 States Code, is amended by adding before section 471 the

5 following new section:

6 ‘‘§ 470. Counterfeit acts committed outside the Unit7 ed States

8 ‘‘A person who, outside the United States, engages

9 in the act of—

10 ‘‘(1) making, dealing, or possessing any coun11 terfeit obligation or other security of the United

12 States; or

13 ‘‘(2) making, dealing, or possessing any plate,

14 stone, or other thing, or any part thereof, used to

15 counterfeit such obligation or security,

16 if such act would constitute a violation of section 471, 473,

17 or 474 if committed within the United States, shall be

18 fined under this title, imprisoned for not more than 15

19 years, or both.’’.

20 (b) TECHNICAL AMENDMENTS.—

21 (1) CHAPTER ANALYSIS.—The chapter analysis

22 for chapter 25 of title 18, United States Code, is

23 amended by adding before section 471 the following

24 new item:

‘‘470. Counterfeit acts committed outside the United States.’’.
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1 (2) PART ANALYSIS.—The part analysis for

2 part I of title 18, United States Code, is amended

3 by amending the item for chapter 25 to read as fol4 lows:

‘‘25. Counterfeiting and forgery ................................................... 470’’.

5 SEC. 722. ECONOMIC TERRORISM TASK FORCE.

6 (a) ESTABLISHMENT AND PURPOSE.—There is es7 tablished an Economic Terrorism Task Force to—

8 (1) assess the threat of terrorist actions di9 rected against the United States economy, including

10 actions directed against the United States govern11 ment and actions against United States business in12 terests;

13 (2) assess the adequacy of existing policies and

14 procedures designed to prevent terrorist actions di15 rected against the United States economy; and

16 (3) recommend administrative and legislative

17 actions to prevent terrorist actions directed against

18 the United States economy.

19 (b) MEMBERSHIP.—The Economic Terrorism Task

20 Force shall be chaired by the Secretary of State, or the

21 Secretary’s designee, and consist of—

22 (1) the Director of Central Intelligence;

23 (2) the Director of the Federal Bureau of In24 vestigation;
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1 (3) the Director of the United States Secret

2 Service;

3 (4) the Administrator of the Federal Aviation

4 Administration;

5 (5) the Chairman of the Board of Governors of

6 the Federal Reserve;

7 (6) the Under Secretary of the Treasury for Fi8 nance; and

9 (7) such other members of the Departments of

10 Defense, Justice, State, Treasury, or any other

11 agency of the United States government, as the Sec12 retary of State may designate.

13 (c) ADMINISTRATIVE PROVISIONS.—The Federal Ad14 visory Committee Act (5 U.S.C. App.) shall not apply with

15 respect to the Economic Terrorism Task Force.

16 (d) REPORT.—Not later than 180 days after the date

17 of enactment of this Act, the chairman of the Economic

18 Terrorism Task Force shall submit a report to the Presi19 dent and the Congress detailing the findings and rec20 ommendations of the task force. If the report of the task

21 force is classified, an unclassified version shall be prepared

22 for public distribution.

23 SEC. 723. TERRORIST DEATH PENALTY ACT.

24 Section 2332(a)(1) of title 18, United States Code

25 is amended to read as follows:
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1 ‘‘(1) if the killing is murder (as defined in sec2 tion 1111(a)), be fined under this title, punished by

3 death or imprisonment for any term of years or for

4 life, or both;’’.

5 SEC. 724. SENTENCING GUIDELINES INCREASE FOR TER6 RORIST CRIMES.

7 The United States Sentencing Commission is directed

8 to amend its sentencing guidelines to provide an appro9 priate enhancement for any felony, whether committed

10 within or outside the United States, that involves or is

11 intended to promote international terrorism, unless such

12 involvement or intent is itself an element of the crime.

13 SEC. 725. ALIEN WITNESS COOPERATION.

14 (a) ESTABLISHMENT OF NEW NONIMMIGRANT CLAS15 SIFICATION.—Section 101(a)(15) of the Immigration and

16 Nationality Act (8 U.S.C. 1101(a)(15)) is amended—

17 (1) by striking ‘‘or’’ at the end of subparagraph

18 (Q),

19 (2) by striking the period at the end of sub20 paragraph (R) and inserting ‘‘; or’’, and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(S) subject to section 214(j), an alien—

24 ‘‘(i) who the Attorney General deter25 mines—
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1 ‘‘(I) is in possession of critical reliable

2 information concerning a criminal organi3 zation or enterprise, and

4 ‘‘(II) is willing to supply such infor5 mation to Federal or State law enforce6 ment authorities or a Federal or State

7 court of law, and

8 ‘‘(ii) whose presence in the United States

9 the Attorney General determines is essential to

10 the success of an authorized criminal investiga11 tion or the successful prosecution of an individ12 ual involved in the criminal organization or en13 terprise,

14 and the spouse and minor children of the alien if ac15 companying, or following to join, the alien.’’.

16 (b) CONDITIONS OF ENTRY.—

17 (1) WAIVER OF GROUNDS FOR EXCLUSION.—

18 Section 212(d) of the Immigration and Nationality

19 Act (8 U.S.C. 1182(d)) is amended by inserting be20 fore paragraph (2) the following new paragraph:

21 ‘‘(1) The Attorney General may, in the Attorney Gen22 eral’s discretion, waive the application of subsection (a)

23 (other than paragraph (3)(E) thereof) in the case of a

24 nonimmigrant described in section 101(a)(15)(S), if the

25 Attorney General deems it in the national interest. Any
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1 such waiver shall be deemed a waiver of any comparable

2 ground for deportation under section 241(a)(1)(A).’’.

3 (2) NUMERICAL LIMITATIONS; PERIOD OF AD4 MISSION; ETC.—Section 214 of the Immigration and

5 Nationality Act (8 U.S.C. 1184) is amended by add6 ing at the end the following new subsection:

7 ‘‘(j)(1) The number of aliens who may be provided

8 a visa as nonimmigrants under section 101(a)(15)(S) in

9 any fiscal year may not exceed 100.

10 ‘‘(2) No alien may be admitted into the United States

11 as such a nonimmigrant more than 5 years after the date

12 of the enactment of this subsection.

13 ‘‘(3) The period of admission of an alien as such a

14 nonimmigrant may not exceed 3 years. Such period may

15 not be extended by the Attorney General.

16 ‘‘(4) As a condition for the admission, and continued

17 stay in lawful status, of such a nonimmigrant, the non18 immigrant—

19 ‘‘(A) shall report not less often than quarterly

20 to the Commissioner such information concerning

21 the alien’s whereabouts and activities as the Attor22 ney General may require,

23 ‘‘(B) may not be convicted of any criminal of24 fense in the United States after the date of such ad25 mission, and
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1 ‘‘(C) must have executed a form that waives the

2 nonimmigrant’s right to contest, other than on the

3 basis of an application for withholding of deporta4 tion, any action for deportation of the alien insti5 tuted before the alien obtains lawful permanent resi6 dent status.

7 ‘‘(5) The Attorney General shall submit a report an8 nually to the Committees on the Judiciary of the House

9 of Representatives and of the Senate concerning—

10 ‘‘(A) the number of such nonimmigrants admit11 ted,

12 ‘‘(B) the number of successful criminal prosecu13 tions or investigations resulting from cooperation of

14 such aliens,

15 ‘‘(C) the number of such nonimmigrants whose

16 admission has not resulted in successful criminal

17 prosecution or investigation, and

18 ‘‘(D) the number of such nonimmigrants who

19 have failed to report quarterly (as required under

20 paragraph (4)) or who have been convicted of crimes

21 in the United States after the date of their admis22 sion as such a nonimmigrant.’’.

23 (3) PROHIBITION OF CHANGE OF STATUS.—

24 Section 248(1) of the Immigration and Nationality
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1 Act (8 U.S.C. 1258(1)) is amended by striking ‘‘or

2 (K)’’ and inserting ‘‘(K), or (S)’’.

3 (c) ADJUSTMENT TO PERMANENT RESIDENT STA4 TUS.—

5 (1) IN GENERAL.—Section 245 of the Immigra6 tion and Nationality Act (8 U.S.C. 1255) is amend7 ed by adding at the end the following new sub8 section:

9 ‘‘(h)(1) If, in the opinion of the Attorney General—

10 ‘‘(A) a nonimmigrant admitted into the United

11 States under section 101(a)(15)(S) has supplied in12 formation described in clauses (i) and (ii) of that

13 section, and

14 ‘‘(B) the provision of such information has sub15 stantially contributed to the success of an authorized

16 criminal investigation or the successful prosecution

17 of an individual described in clause (ii) of that sec18 tion,

19 the Attorney General may adjust the status of the alien

20 (and the spouse and child of the alien if admitted under

21 such section) to that of an alien lawfully admitted for per22 manent residence if the alien is not described in section

23 212(a)(3)(E).

24 ‘‘(2) Upon the approval of adjustment of status under

25 paragraph (1), the Attorney General shall record the
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1 alien’s lawful admission for permanent residence as of the

2 date of such approval, and the Secretary of State shall

3 reduce by 1 the number of visas authorized to be issued

4 under sections 201(d) and 203(b)(4) for the fiscal year

5 then current.’’.

6 (2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec7 tion 245(c) of the Immigration and Nationality Act

8 (8 U.S.C. 1255(c)) is amended—

9 (A) by striking ‘‘or’’ before ‘‘(3)’’ and

10 ‘‘(4)’’; and

11 (B) by inserting before the period at the

12 end the following: ‘‘; or (5) an alien who was

13 admitted as a nonimmigrant described in sec14 tion 101(a)(15)(S)’’.

15 (d) EXTENDING PERIOD OF DEPORTATION FOR CON16 VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the

17 Immigration and Nationality Act (8 U.S.C.

18 1251(a)(2)(A)(i)(I)) is amended by inserting ‘‘(or 10

19 years in the case of an alien provided lawful permanent

20 resident status under section 245(h))’’ after ‘‘five years’’.

21 SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

22 (a) OFFENSE.—Chapter 113A of title 18, United

23 States Code, is amended by adding the following new sec24 tion:
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1 ‘‘§ 2339A. Providing material support to terrorists

2 ‘‘(a) DEFINITION.—In this section, ‘material support

3 or resources’ means currency or other financial securities,

4 financial services, lodging, training, safehouses, false doc5 umentation or identification, communications equipment,

6 facilities, weapons, lethal substances, explosives, person7 nel, transportation, and other physical assets, but does not

8 include humanitarian assistance to persons not directly in9 volved in such violations.

10 ‘‘(b) OFFENSE.—A person who, within the United

11 States, provides material support or resources or conceals

12 or disguises the nature, location, source, or ownership of

13 material support or resources, knowing or intending that

14 they are to be used in preparation for, or in carrying out,

15 a violation of section 32, 36, 351, 844 (f) or (i), 1114,

16 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or

17 2339 of this title or section 902(i) of the Federal Aviation

18 Act of 1958 (49 U.S.C. App. 1472(i)), or in preparation

19 for or carrying out the concealment of an escape from the

20 commission of any such violation, shall be fined under this

21 title, imprisoned not more than 10 years, or both.’’.

22 (b) TECHNICAL AMENDMENT.—The chapter analysis

23 for chapter 113A of title 18, United States Code, is

24 amended by adding the following new item:

‘‘2339A. Providing material support to terrorists.’’.
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1 TITLE VIII—SEXUAL VIOLENCE

2 AND CHILD ABUSE

3 Subtitle A—Sexual Abuse

4 SEC. 801. SEXUAL ABUSE AMENDMENTS.

5 (a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON6 TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph

7 (2) of section 2245 of title 18, United States Code, is

8 amended—

9 (1) in subparagraph (B) by striking ‘‘or’’ after

10 the semicolon;

11 (2) in subparagraph (C) by striking ‘‘; and’’

12 and inserting ‘‘; or’’; and

13 (3) by inserting a new subparagraph (D) as fol14 lows:

15 ‘‘(D) the intentional touching, not through

16 the clothing, of the genitalia of another person

17 who has not attained the age of 16 years with

18 an intent to abuse, humiliate, harass, degrade,

19 or arouse or gratify the sexual desire of any

20 person;’’.

21 Subtitle B—Child Protection

22 SEC. 811. SHORT TITLE.

23 This subtitle may be cited as the ‘‘National Child

24 Protection Act of 1993’’.
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1 SEC. 812. PURPOSES.

2 The purposes of this subtitle are—

3 (1) to establish a national system through

4 which child care organizations may obtain the bene5 fit of a nationwide criminal background check to de6 termine if persons who are current or prospective

7 child care providers have committed child abuse

8 crimes or other serious crimes;

9 (2) to establish minimum criteria for State laws

10 and procedures that permit child care organizations

11 to obtain the benefit of nationwide criminal back12 ground checks to determine if persons who are cur13 rent or prospective child care providers have commit14 ted child abuse crimes or other serious crimes;

15 (3) to provide procedural rights for persons who

16 are subject to nationwide criminal background

17 checks, including procedures to challenge and correct

18 inaccurate background check information;

19 (4) to establish a national system for the re20 porting by the States of child abuse crime informa21 tion; and

22 (5) to document and study the problem of child

23 abuse by providing statistical and informational data

24 on child abuse and related crimes to the Department

25 of Justice and other interested parties.
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1 SEC. 813. DEFINITIONS.

2 For the purposes of this subtitle—

3 (1) the term ‘‘authorized agency’’ means a divi4 sion or office of a State designated by a State to re5 port, receive, or disseminate information under this

6 subtitle;

7 (2) the term ‘‘background check crime’’ means

8 a child abuse crime, murder, manslaughter, aggra9 vated assault, kidnapping, arson, sexual assault, do10 mestic violence, incest, indecent exposure, prostitu11 tion, promotion of prostitution, and a felony offense

12 involving the use or distribution of a controlled sub13 stance;

14 (3) the term ‘‘child’’ means a person who is a

15 child for purposes of the criminal child abuse law of

16 a State;

17 (4) the term ‘‘child abuse’’ means the physical

18 or mental injury, sexual abuse or exploitation, ne19 glectful treatment, negligent treatment, or maltreat20 ment of a child by any person in violation of the

21 criminal child abuse laws of a State, but does not in22 clude discipline administered by a parent or legal

23 guardian to his or her child provided it is reasonable

24 in manner and moderate in degree and otherwise

25 does not constitute cruelty;
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1 (5) the term ‘‘child abuse crime’’ means a crime

2 committed under any law of a State that establishes

3 criminal penalties for the commission of child abuse

4 by a parent or other family member of a child or by

5 any other person;

6 (6) the term ‘‘child abuse crime information’’

7 means the following facts concerning a person who

8 is under indictment for, or has been convicted of, a

9 child abuse crime: full name, race, sex, date of birth,

10 height, weight, a brief description of the child abuse

11 crime or offenses for which the person has been ar12 rested or is under indictment or has been convicted,

13 the disposition of the charge, and any other informa14 tion that the Attorney General determines may be

15 useful in identifying persons arrested for, under in16 dictment for, or convicted of, a child abuse crime;

17 (7) the term ‘‘child care’’ means the provision

18 of care, treatment, education, training, instruction,

19 supervision, or recreation to children;

20 (8) the term ‘‘domestic violence’’ means a fel21 ony or misdemeanor involving the use or threatened

22 use of force by—

23 (A) a present or former spouse of the vic24 tim;
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1 (B) a person with whom the victim shares

2 a child in common;

3 (C) a person who is cohabiting with or has

4 cohabited with the victim as a spouse; or

5 (D) any person defined as a spouse of the

6 victim under the domestic or family violence

7 laws of a State;

8 (9) the term ‘‘exploitation’’ means child pornog9 raphy and child prostitution;

10 (10) the term ‘‘mental injury’’ means harm to

11 a child’s psychological or intellectual functioning,

12 which may be exhibited by severe anxiety, depres13 sion, withdrawal or outward aggressive behavior, or

14 a combination of those behaviors or by a change in

15 behavior, emotional response, or cognition;

16 (11) the term ‘‘national criminal background

17 check system’’ means the system maintained by the

18 Federal Bureau of Investigation based on fingerprint

19 identification or any other method of positive identi20 fication;

21 (12) the term ‘‘negligent treatment’’ means the

22 failure to provide, for a reason other than poverty,

23 adequate food, clothing, shelter, or medical care so

24 as to seriously endanger the physical health of a

25 child;
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1 (13) the term ‘‘physical injury’’ includes lacera2 tions, fractured bones, burns, internal injuries, se3 vere bruising, and serious bodily harm;

4 (14) the term ‘‘provider’’ means

5 (A) a person who—

6 (i) is employed by or volunteers with

7 a qualified entity;

8 (ii) who owns or operates a qualified

9 entity; or

10 (iii) who has or may have unsuper11 vised access to a child to whom the quali12 fied entity provides child care; and

13 (B) a person who—

14 (i) seeks to be employed by or volun15 teer with a qualified entity;

16 (ii) seeks to own or operate a qualified

17 entity; or

18 (iii) seeks to have or may have unsu19 pervised access to a child to whom the

20 qualified entity provides child care;

21 (15) the term ‘‘qualified entity’’ means a busi22 ness or organization, whether public, private, for23 profit, not-for-profit, or voluntary, that provides

24 child care or child care placement services, including

25 a business or organization that licenses or certifies
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1 others to provide child care or child care placement

2 services;

3 (16) the term ‘‘sex crime’’ means an act of sex4 ual abuse that is a criminal act;

5 (17) the term ‘‘sexual abuse’’ includes the em6 ployment, use, persuasion, inducement, enticement,

7 or coercion of a child to engage in, or assist another

8 person to engage in, sexually explicit conduct or the

9 rape, molestation, prostitution, or other form of sex10 ual exploitation of children or incest with children;

11 and

12 (18) the term ‘‘State’’ means a State, the Dis13 trict of Columbia, the Commonwealth of Puerto

14 Rico, American Samoa, the Virgin Islands, Guam,

15 and the Trust Territories of the Pacific.

16 SEC. 814. REPORTING BY THE STATES.

17 (a) IN GENERAL.—An authorized criminal justice

18 agency of a State shall report child abuse crime informa19 tion to, or index child abuse crime information in, the na20 tional criminal background check system.

21 (b) PROVISION OF STATE CHILD ABUSE CRIME

22 RECORDS THROUGH THE NATIONAL CRIMINAL BACK23 GROUND CHECK SYSTEM.—(1) Not later than 180 days

24 after the date of enactment of this Act, the Attorney Gen25 eral shall—
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1 (A) investigate the criminal records of each

2 State and determine for each State a timetable by

3 which the State should be able to provide child

4 abuse crime records on an on-line capacity basis

5 through the national criminal background check sys6 tem;

7 (B) establish guidelines for the reporting or in8 dexing of child abuse crime information, including

9 guidelines relating to the format, content, and accu10 racy of child abuse crime information and other pro11 cedures for carrying out this Act; and

12 (C) notify each State of the determinations

13 made pursuant to subparagraphs (A) and (B).

14 (2) The Attorney General shall require as a part of

15 the State timetable that the State—

16 (A) achieve, by not later than the date that is

17 3 years after the date of enactment of this Act, at

18 least 80 percent currency of final case dispositions

19 in computerized criminal history files for all identifi20 able child abuse crime cases in which there has been

21 an event of activity within the last 5 years;

22 (B) continue to maintain at least 80 percent

23 currency of final case dispositions in all identifiable

24 child abuse crime cases in which there has been an

25 event of activity within the preceding 5 years; and
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1 (C) take steps to achieve full disposition report2 ing, including data quality audits and periodic no3 tices to criminal justice agencies identifying records

4 that lack final dispositions and requesting those dis5 positions.

6 (c) LIAISON.—An authorized agency of a State shall

7 maintain close liaison with the National Center on Child

8 Abuse and Neglect, the National Center for Missing and

9 Exploited Children, and the National Center for the Pros10 ecution of Child Abuse for the exchange of technical as11 sistance in cases of child abuse.

12 (d) ANNUAL SUMMARY.—(1) The Attorney General

13 shall publish an annual statistical summary of the child

14 abuse crime information reported under this subtitle.

15 (2) The annual statistical summary described in

16 paragraph (1) shall not contain any information that may

17 reveal the identity of any particular victim or alleged viola18 tor.

19 (e) ANNUAL REPORT.—The Attorney General shall

20 publish an annual summary of each State’s progress in

21 reporting child abuse crime information to the national

22 criminal background check system.

23 (f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not

24 later than 180 days after the date of enactment of this

25 Act, the Administrator of the Office of Juvenile Justice
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1 and Delinquency Prevention shall begin a study based on

2 a statistically significant sample of convicted child abuse

3 offenders and other relevant information to determine—

4 (A) the percentage of convicted child abuse of5 fenders who have more than 1 conviction for an of6 fense involving child abuse;

7 (B) the percentage of convicted child abuse of8 fenders who have been convicted of an offense in9 volving child abuse in more than 1 State;

10 (C) whether there are crimes or classes of

11 crimes, in addition to those defined as background

12 check crimes in section 3, that are indicative of a

13 potential to abuse children; and

14 (D) the extent to which and the manner in

15 which instances of child abuse form a basis for con16 victions for crimes other than child abuse crimes.

17 (2) Not later than 1 year after the date of enactment

18 of this Act, the Administrator shall submit a report to the

19 Chairman of the Committee on the Judiciary of the Senate

20 and the Chairman of the Committee on the Judiciary of

21 the House of Representatives containing a description of

22 and a summary of the results of the study conducted pur23 suant to paragraph (1).
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1 SEC. 815. BACKGROUND CHECKS.

2 (a) IN GENERAL.—(1) A State may have in effect

3 procedures (established by or under State statute or regu4 lation) to permit a qualified entity to contact an author5 ized agency of the State to request a nationwide back6 ground check for the purpose of determining whether

7 there is a report that a provider is under indictment for,

8 or has been convicted of, a background check crime.

9 (2) The authorized agency shall access and review

10 State and Federal records of background check crimes

11 through the national criminal background check system

12 and shall respond promptly to the inquiry.

13 (b) GUIDELINES.—(1) The Attorney General shall es14 tablish guidelines for State background check procedures

15 established under subsection (a), which guidelines shall in16 clude the requirements and protections of this subtitle.

17 (2) The guidelines established under paragraph (1)

18 shall require—

19 (A) that no qualified entity may request a back20 ground check of a provider under subsection (a) un21 less the provider first completes and signs a state22 ment that—

23 (i) contains the name, address, and date of

24 birth appearing on a valid identification docu25 ment (as defined by section 1028(d)(1) of title

26 18, United States Code) of the provider;
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1 (ii) the provider is not under indictment

2 for, and has not been convicted of, a back3 ground check crime and, if the provider is

4 under indictment for or has been convicted of

5 a background check crime, contains a descrip6 tion of the crime and the particulars of the in7 dictment or conviction;

8 (iii) notifies the provider that the entity

9 may request a background check under sub10 section (a);

11 (iv) notifies the provider of the provider’s

12 rights under subparagraph (B); and

13 (v) notifies the provider that prior to the

14 receipt of the background check the qualified

15 entity may choose to deny the provider unsuper16 vised access to a child to whom the qualified en17 tity provides child care;

18 (B) that each State establish procedures under

19 which a provider who is the subject of a background

20 check under subsection (a) is entitled—

21 (i) to obtain a copy of any background

22 check report and any record that forms the

23 basis for any such report; and

24 (ii) to challenge the accuracy and com25 pleteness of any information contained in any
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1 such report or record and obtain a prompt de2 termination from an authorized agency as to

3 the validity of such challenge;

4 (C) that an authorized agency to which a quali5 fied entity has provided notice pursuant to sub6 section (a) make reasonable efforts to complete re7 search in whatever State and local recordkeeping

8 systems are available and in the national criminal

9 background check system and respond to the quali10 fied entity within 15 business days;

11 (D) that the response of an authorized agency

12 to an inquiry pursuant to subsection (a) inform the

13 qualified entity that the background check pursuant

14 to this section—

15 (i) may not reflect all indictments or con16 victions for a background check crime; and

17 (ii) may not be the sole basis for determin18 ing the fitness of a provider;

19 (E) that the response of an authorized agency

20 to an inquiry pursuant to subsection (a) be limited

21 to the conviction or pending indictment information

22 reasonably required to accomplish the purposes of

23 this Act;

24 (F) that the qualified entity may choose to deny

25 the provider unsupervised access to a child to whom
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1 the qualified entity provides child care on the basis

2 of a background check under subsection (a) until the

3 provider has obtained a determination as to the va4 lidity of any challenge under subparagraph (B) or

5 waived the right to make such challenge; and

6 (G) that each State establish procedures to en7 sure that any background check under subsection

8 (a) and the results thereof shall be requested by and

9 provided only to—

10 (i) qualified entities identified by States;

11 (ii) authorized representatives of a quali12 fied entity who have a need to know such infor13 mation;

14 (iii) the provider who is the subject of a

15 background check;

16 (iv) law enforcement authorities; or

17 (v) pursuant to the direction of a court of

18 law;

19 (H) that background check information con20 veyed to a qualified entity pursuant to subsection (a)

21 shall not be conveyed to any person except as pro22 vided under subparagraph (G);

23 (I) that an authorized agency shall not be liable

24 in an action at law for damages for failure to pre-
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1 vent a qualified entity from taking action adverse to

2 a provider on the basis of a background check;

3 (J) that a State employee or a political subdivi4 sion of a State or employee thereof responsible for

5 providing information to the national criminal back6 ground check system shall not be liable in an action

7 at law for damages for failure to prevent a qualified

8 entity from taking action adverse to a provider on

9 the basis of a background check; and

10 (K) that a State or Federal provider of criminal

11 history records, and any employee thereof, shall not

12 be liable in an action at law for damages for failure

13 to prevent a qualified entity from taking action ad14 verse to a provider on the basis of a criminal back15 ground check, or due to a criminal history record’s

16 being incomplete.

17 (c) EQUIVALENT PROCEDURES.—(1) Notwithstand18 ing anything to the contrary in this section, the Attorney

19 General may certify that a State licensing or certification

20 procedure that differs from the procedures described in

21 subsections (a) and (b) shall be deemed to be the equiva22 lent of such procedures for purposes of this Act, but the

23 procedures described in subsections (a) and (b) shall con24 tinue to apply to those qualified entities, providers, and

25 background check crimes that are not governed by or in-
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1 cluded within the State licensing or certification proce2 dure.

3 (2) The Attorney General shall by regulation estab4 lish criteria for certifications under this subsection. Such

5 criteria shall include a finding by the Attorney General

6 that the State licensing or certification procedure accom7 plishes the purposes of this Act and incorporates a nation8 wide review of State and Federal records of background

9 check offenses through the national criminal background

10 check system.

11 (d) REGULATIONS.—(1) The Attorney General may

12 by regulation prescribe such other measures as may be

13 required to carry out the purposes of this Act, including

14 measures relating to the security, confidentiality, accu15 racy, use, misuse, and dissemination of information, and

16 audits and recordkeeping.

17 (2) The Attorney General shall, to the maximum ex18 tent possible, encourage the use of the best technology

19 available in conducting background checks.

20 SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE

21 CRIME INFORMATION.

22 (a) USE OF FORMULA GRANTS FOR IMPROVEMENTS

23 IN STATE RECORDS AND SYSTEMS.—Section 509(b) of

24 the Omnibus Crime Control and Safe Streets Act of 1968

25 (42 U.S.C. 3759(b)) is amended—
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1 (1) in paragraph (2) by striking ‘‘and’’ after

2 the semicolon;

3 (2) in paragraph (3) by striking the period and

4 inserting ‘‘; and’’; and

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

6 paragraph:

7 ‘‘(4) the improvement of State record systems

8 and the sharing of all of the records described in

9 paragraphs (1), (2), and (3) and the records re10 quired by the Attorney General under section 914 of

11 the National Child Protection Act of 1993 with the

12 Attorney General for the purpose of implementing

13 the National Child Protection Act of 1993.’’.

14 (b) ADDITIONAL FUNDING GRANTS FOR THE IM15 PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—

16 (1) The Attorney General shall, subject to appropriations

17 and with preference to States that as of the date of enact18 ment of this Act have the lowest percent currency of case

19 dispositions in computerized criminal history files, make

20 a grant to each State to be used—

21 (A) for the computerization of criminal history

22 files for the purposes of this subtitle;

23 (B) for the improvement of existing computer24 ized criminal history files for the purposes of this

25 subtitle;
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1 (C) to improve accessibility to the national

2 criminal background check system for the purposes

3 of this subtitle; and

4 (D) to assist the State in the transmittal of

5 criminal records to, or the indexing of criminal his6 tory record in, the national criminal background

7 check system for the purposes of this subtitle.

8 (2) There are authorized to be appropriated for

9 grants under paragraph (1) a total of $20,000,000 for fis10 cal years 1995, 1996, and 1997.

11 (c) WITHHOLDING STATE FUNDS.—Effective 1 year

12 after the date of enactment of this Act, the Attorney Gen13 eral may reduce by up to 10 percent the allocation to a

14 State for a fiscal year under title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 of a State that is

16 not in compliance with the timetable established for that

17 State under section 914 of this Act.

18 Subtitle C—Crimes Against

19 Children

20 SEC. 821. SHORT TITLE.

21 This subtitle may be cited as the ‘‘Jacob Wetterling

22 Crimes Against Children Registration Act’’.

23 SEC. 822. ESTABLISHMENT OF PROGRAM.

24 (a) IN GENERAL.—
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1 (1) STATE GUIDELINES.—The Attorney General

2 shall establish guidelines for State programs requir3 ing any person who is convicted of a criminal offense

4 against a victim who is a minor to register a current

5 address with a designated State law enforcement

6 agency for 10 years after release from prison, being

7 placed on parole, or being placed on supervised re8 lease.

9 (2) DEFINITION.—For purposes of this sub10 section, the term ‘‘criminal offense against a victim

11 who is a minor’’ includes—

12 (A) kidnapping of a minor, except by a

13 noncustodial parent;

14 (B) false imprisonment of a minor, except

15 by a noncustodial parent;

16 (C) criminal sexual conduct toward a

17 minor;

18 (D) solicitation of minors to engage in sex19 ual conduct;

20 (E) use of minors in a sexual performance;

21 or

22 (F) solicitation of minors to practice pros23 titution.

24 (b) REGISTRATION REQUIREMENT UPON RELEASE,

25 PAROLE, OR SUPERVISED RELEASE.—An approved State
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1 registration program established by this section shall con2 tain the following requirements:

3 (1) NOTIFICATION.—If a person who is re4 quired to register under this section is released from

5 prison, paroled, or placed on supervised release, a

6 State prison officer shall—

7 (A) inform the person of the duty to reg8 ister;

9 (B) inform the person that if the person

10 changes residence address, the person shall give

11 the new address to a designated State law en12 forcement agency in writing within 10 days;

13 (C) obtain fingerprints and a photograph

14 of the person if these have not already been ob15 tained in connection with the offense that trig16 gers registration; and

17 (D) require the person to read and sign a

18 form stating that the duty of the person to reg19 ister under this section has been explained.

20 (2) TRANSFER OF INFORMATION TO STATE AND

21 THE FBI.—The officer shall, within 3 days after re22 ceipt of information described in paragraph (1), for23 ward it to a designated State law enforcement agen24 cy. The State law enforcement agency shall imme25 diately enter the information into the appropriate
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1 State law enforcement record system and notify the

2 appropriate law enforcement agency having jurisdic3 tion where the person expects to reside. The State

4 law enforcement agency shall also immediately

5 transmit the conviction data and fingerprints to the

6 Identification Division of the Federal Bureau of In7 vestigation.

8 (3) ANNUAL VERIFICATION.—On each anniver9 sary of a person’s initial registration date during the

10 period in which the person is required to register

11 under this section, the designated State law enforce12 ment agency shall mail a nonforwardable verification

13 form to the last reported address of the person. The

14 person shall mail the verification form to the officer

15 within 10 days after receipt of the form. The ver16 ification form shall be signed by the person, and

17 state that the person still resides at the address last

18 reported to the designated State law enforcement

19 agency. If the person fails to mail the verification

20 form to the designated State law enforcement agen21 cy within 10 days after receipt of the form, the per22 son shall be in violation of this section unless the

23 person proves that the person has not changed his

24 or her residence address.
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1 (4) NOTIFICATION OF LOCAL LAW ENFORCE2 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

3 change of address by a person required to register

4 under this section reported to the designated State

5 law enforcement agency shall immediately be re6 ported to the appropriate law enforcement agency

7 having jurisdiction where the person is residing.

8 (c) REGISTRATION FOR 10 YEARS.—A person re9 quired to register under this section shall continue to com10 ply with this section until 10 years have elapsed since the

11 person was released from imprisonment, or placed on pa12 role or supervised release.

13 (d) PENALTY.—A person required to register under

14 a State program established pursuant to this section who

15 knowingly fails to so register and keep such registration

16 current shall be subject to criminal penalties in such State.

17 It is the sense of Congress that such penalties should in18 clude at least 6 months imprisonment.

19 (e) PRIVATE DATA.—The information provided under

20 this section is private data on individuals and may be used

21 for law enforcement purposes and confidential background

22 checks conducted with fingerprints by a designated State

23 law enforcement agency for child care services providers.
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1 SEC. 823. STATE COMPLIANCE.

2 (a) COMPLIANCE DATE.—Each State shall have 3

3 years from the date of enactment of this Act in which to

4 implement the provisions of this subtitle.

5 (b) INELIGIBILITY FOR FUNDS.—The allocation of

6 funds under section 506 of title I of the Omnibus Crime

7 Control and Safe Streets Act of 1968 (42 U.S.C. 3756)

8 received by a State not complying with this subtitle 3

9 years after the date of enactment of this Act shall be re10 duced by 10 percent and the unallocated funds shall be

11 reallocated to the States in compliance with this section.

12 TITLE IX—CRIME VICTIMS

13 Subtitle A—Victims’ Rights

14 SEC. 901. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

15 Rule 32 of the Federal Rules of Criminal Procedure

16 is amended by—

17 (1) striking ‘‘and’’ following the semicolon in

18 subdivision (a)(1)(B);

19 (2) striking the period at the end of subdivision

20 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

21 (3) inserting after subdivision (a)(1)(C) the fol22 lowing:

23 ‘‘(D) if sentence is to be imposed for a

24 crime of violence or sexual abuse, address the

25 victim personally if the victim is present at the

26 sentencing hearing and determine if the victim
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1 wishes to make a statement and to present any

2 information in relation to the sentence.’’;

3 (4) in the second to last sentence of subdivision

4 (a)(1), striking ‘‘equivalent opportunity’’ and insert5 ing in lieu thereof ‘‘opportunity equivalent to that of

6 the defendant’s counsel’’;

7 (5) in the last sentence of subdivision (a)(1) in8 serting ‘‘the victim,’’ before ‘‘or the attorney for the

9 Government.’’; and

10 (6) adding at the end the following:

11 ‘‘(f) DEFINITIONS.—For purposes of this rule—

12 ‘‘(1) ‘victim’ means any individual against

13 whom an offense for which a sentence is to be im14 posed has been committed, but the right of allocu15 tion under subdivision (a)(1)(D) may be exercised

16 instead by—

17 ‘‘(A) a parent or legal guardian in case the

18 victim is below the age of eighteen years or in19 competent; or

20 ‘‘(B) one or more family members or rel21 atives designated by the court in case the victim

22 is deceased or incapacitated;

23 if such person or persons are present at the sentenc24 ing hearing, regardless of whether the victim is

25 present; and
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1 ‘‘(2) ‘crime of violence or sexual abuse’ means

2 a crime that involved the use or attempted or threat3 ened use of physical force against the person or

4 property of another, or a crime under chapter 109A

5 of title 18, United States Code.’’.

6 SEC. 902. MANDATORY RESTITUTION AND OTHER PROVI7 SIONS.

8 (a) ORDER OF RESTITUTION.—Section 3663 of title

9 18, United States Code, is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘may order’’ and inserting

12 ‘‘shall order’’; and

13 (B) by adding at the end the following new

14 paragraph:

15 ‘‘(4) In addition to ordering restitution of the victim

16 of the offense of which a defendant is convicted, a court

17 may order restitution of any person who, as shown by a

18 preponderance of evidence, was harmed physically, emo19 tionally, or pecuniarily, by unlawful conduct of the defend20 ant during—

21 ‘‘(A) the criminal episode during which the of22 fense occurred; or

23 ‘‘(B) the course of a scheme, conspiracy, or pat24 tern of unlawful activity related to the offense.’’;
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1 (2) in subsection (b)(1)(A) by striking ‘‘imprac2 tical’’ and inserting ‘‘impracticable’’;

3 (3) in subsection (b)(2) by inserting ‘‘emotional

4 or’’ after ‘‘resulting in’’;

5 (4) in subsection (c) by striking ‘‘If the Court

6 decides to order restitution under this section, the’’

7 and inserting ‘‘The’’;

8 (5) by striking subsections (d), (e), (f), (g), and

9 (h); and

10 (6) by adding at the end the following new sub11 sections:

12 ‘‘(d)(1) The court shall order restitution to a victim

13 in the full amount of the victim’s losses as determined by

14 the court and without consideration of—

15 ‘‘(A) the economic circumstances of the of16 fender; or

17 ‘‘(B) the fact that a victim has received or is

18 entitled to receive compensation with respect to a

19 loss from insurance or any other source.

20 ‘‘(2) Upon determination of the amount of restitution

21 owed to each victim, the court shall specify in the restitu22 tion order the manner in which and the schedule according

23 to which the restitution is to be paid, in consideration of—

24 ‘‘(A) the financial resources and other assets of

25 the offender;
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1 ‘‘(B) projected earnings and other income of

2 the offender; and

3 ‘‘(C) any financial obligations of the offender,

4 including obligations to dependents.

5 ‘‘(3) A restoration order may direct the offender to

6 make a single, lump-sum payment, partial payment at

7 specified intervals, or such in-kind payments as may be

8 agreeable to the victim and the offender.

9 ‘‘(4) An in-kind payment described in paragraph (3)

10 may be in the form of—

11 ‘‘(A) return of property;

12 ‘‘(B) replacement of property; or

13 ‘‘(C) services rendered to the victim or to a per14 son or organization other than the victim.

15 ‘‘(e) When the court finds that more than 1 offender

16 has contributed to the loss of a victim, the court may make

17 each offender liable for payment of the full amount of res18 titution or may apportion liability among the offenders to

19 reflect the level of contribution and economic cir20 cumstances of each offender.

21 ‘‘(f) When the court finds that more than 1 victim

22 has sustained a loss requiring restitution by an offender,

23 the court shall order full restitution of each victim but may

24 provide for different payment schedules to reflect the eco25 nomic circumstances of each victim.
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1 ‘‘(g)(1) If the victim has received or is entitled to re2 ceive compensation with respect to a loss from insurance

3 or any other source, the court shall order that restitution

4 be paid to the person who provided or is obligated to pro5 vide the compensation, but the restitution order shall pro6 vide that all restitution of victims required by the order

7 be paid to the victims before any restitution is paid to

8 such a provider of compensation.

9 ‘‘(2) The issuance of a restitution order shall not af10 fect the entitlement of a victim to receive compensation

11 with respect to a loss from insurance or any other source

12 until the payments actually received by the victim under

13 the restitution order fully compensate the victim for the

14 loss, at which time a person that has provided compensa15 tion to the victim shall be entitled to receive any payments

16 remaining to be paid under the restitution order.

17 ‘‘(3) Any amount paid to a victim under an order of

18 restitution shall be set off against any amount later recov19 ered as compensatory damages by the victim in—

20 ‘‘(A) any Federal civil proceeding; and

21 ‘‘(B) any State civil proceeding, to the extent

22 provided by the law of the State.

23 ‘‘(h) A restitution order shall provide that—

24 ‘‘(1) all fines, penalties, costs, restitution pay25 ments and other forms of transfers of money or
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1 property made pursuant to the sentence of the court

2 shall be made by the offender to an entity des3 ignated by the Director of the Administrative Office

4 of the United States Courts for accounting and pay5 ment by the entity in accordance with this sub6 section;

7 ‘‘(2) the entity designated by the Director of

8 the Administrative Office of the United States

9 Courts shall—

10 ‘‘(A) log all transfers in a manner that

11 tracks the offender’s obligations and the cur12 rent status in meeting those obligations, unless,

13 after efforts have been made to enforce the res14 titution order and it appears that compliance

15 cannot be obtained, the court determines that

16 continued recordkeeping under this subpara17 graph would not be useful;

18 ‘‘(B) notify the court and the interested

19 parties when an offender is 90 days in arrears

20 in meeting those obligations; and

21 ‘‘(C) disburse money received from an of22 fender so that each of the following obligations

23 is paid in full in the following sequence:

24 ‘‘(i) a penalty assessment under sec25 tion 3013 of title 18, United States Code;
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1 ‘‘(ii) restitution of all victims; and

2 ‘‘(iii) all other fines, penalties, costs,

3 and other payments required under the

4 sentence; and

5 ‘‘(3) the offender shall advise the entity des6 ignated by the Director of the Administrative Office

7 of the United States Courts of any change in the of8 fender’s address during the term of the restitution

9 order.

10 ‘‘(i) A restitution order shall constitute a lien against

11 all property of the offender and may be recorded in any

12 Federal or State office for the recording of liens against

13 real or personal property.

14 ‘‘(j) Compliance with the schedule of payment and

15 other terms of a restitution order shall be a condition of

16 any probation, parole, or other form of release of an of17 fender. If a defendant fails to comply with a restitution

18 order, the court may revoke probation or a term of super19 vised release, modify the term or conditions of probation

20 or a term of supervised release, hold the defendant in con21 tempt of court, enter a restraining order or injunction,

22 order the sale of property of the defendant, accept a per23 formance bond, or take any other action necessary to ob24 tain compliance with the restitution order. In determining

25 what action to take, the court shall consider the defend-
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1 ant’s employment status, earning ability, financial re2 sources, the willfulness in failing to comply with the res3 titution order, and any other circumstances that may have

4 a bearing on the defendant’s ability to comply with the

5 restitution order.

6 ‘‘(k) An order of restitution may be enforced—

7 ‘‘(1) by the United States—

8 ‘‘(A) in the manner provided for the collec9 tion and payment of fines in subchapter (B) of

10 chapter 229 of this title; or

11 ‘‘(B) in the same manner as a judgment in

12 a civil action; and

13 ‘‘(2) by a victim named in the order to receive

14 the restitution, in the same manner as a judgment

15 in a civil action.

16 ‘‘(l) A victim or the offender may petition the court

17 at any time to modify a restitution order as appropriate

18 in view of a change in the economic circumstances of the

19 offender.’’.

20 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU21 TION.—Section 3664 of title 18, United States Code, is

22 amended—

23 (1) by striking subsection (a);

24 (2) by redesignating subsections (b), (c), (d),

25 and (e) as subsections (a), (b), (c), and (d);
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1 (3) by amending subsection (a), as redesignated

2 by paragraph (2), to read as follows:

3 ‘‘(a) The court may order the probation service of the

4 court to obtain information pertaining to the amount of

5 loss sustained by any victim as a result of the offense,

6 the financial resources of the defendant, the financial

7 needs and earning ability of the defendant and the defend8 ant’s dependents, and such other factors as the court

9 deems appropriate. The probation service of the court

10 shall include the information collected in the report of

11 presentence investigation or in a separate report, as the

12 court directs.’’; and

13 (4) by adding at the end thereof the following

14 new subsection:

15 ‘‘(e) The court may refer any issue arising in connec16 tion with a proposed order of restitution to a magistrate

17 or special master for proposed findings of fact and rec18 ommendations as to disposition, subject to a de novo de19 termination of the issue by the court.’’.

20 Subtitle B—Crime Victims’ Fund

21 SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.

22 Section 1402(d)(2) of the Victims of Crime Act of

23 1984 (42 U.S.C. 10601(d)(2)) is amended—

24 (1) by striking ‘‘and’’ at the end of subpara25 graph (A);
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1 (2) by striking the period at the end of sub2 paragraph (B) and inserting a semicolon; and

3 (3) by adding at the end the following new sub4 paragraphs:

5 ‘‘(C) 1 percent shall be available for grants

6 under section 1404(c); and

7 ‘‘(D) 4.5 percent shall be available for

8 grants as provided in section 1404A.’’.

9 SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSA10 TION TO CERTAIN FEDERAL PROGRAMS.

11 Section 1403 of the Victims of Crime Act of 1984

12 (42 U.S.C. 10602) is amended by adding at the end the

13 following:

14 ‘‘(e) Notwithstanding any other provision of law, if

15 the compensation paid by an eligible crime victim com16 pensation program would cover costs that a Federal pro17 gram, or a federally financed State or local program,

18 would otherwise pay, then—

19 ‘‘(1) such crime victim compensation program

20 shall not pay that compensation; and

21 ‘‘(2) the other program shall make its payments

22 without regard to the existence of the crime victim

23 compensation program.’’.
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1 SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM2 PENSATION.

3 (a) CREATION OF EXCEPTION.—The final sentence

4 of section 1403(a)(1) of the Victims of Crime Act of 1984

5 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A

6 grant’’ and inserting ‘‘Except as provided in paragraph

7 (3), a grant’’.

8 (b) REQUIREMENTS OF EXCEPTION.—Section

9 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.

10 10602(a)) is amended by adding at the end the following

11 new paragraph:

12 ‘‘(3) Not more than 5 percent of a grant made

13 under this section may be used for the administra14 tion of the State crime victim compensation program

15 receiving the grant.’’.

16 SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.

17 Section 1404(a)(1) of the Victims of Crime Act of

18 1984 (42 U.S.C. 10603(a)(1)) is amended—

19 (1) by striking ‘‘or for the purpose of grants

20 under section 1403 but not used for that purpose’’;

21 and

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

23 ‘‘The Director, in the Director’s discretion, may use

24 amounts made available under section 1402(d)(2) for the

25 purposes of grants under section 1403 but not used for
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1 that purpose, for grants under this subsection, either in

2 the year such amounts are not so used, or the next year.’’.

3 SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.

4 Section 1404(c)(1)(A) of the Victims of Crime Act

5 of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert6 ing ‘‘demonstration projects and’’ before ‘‘training’’.

7 SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS8 SISTANCE.

9 (a) CREATION OF EXCEPTION.—Section 1404(b)(2)

10 of the Victims of Crime Act of 1984 (42 U.S.C.

11 10603(b)(2)) is amended by striking ‘‘An eligible’’ and in12 serting ‘‘Except as provided in paragraph (3), an eligible’’.

13 (b) REQUIREMENTS OF EXCEPTION.—Section

14 1404(b) of the Victims of Crime Act of 1984 (42 U.S.C.

15 10603(b)) is amended by adding at the end the following

16 new subsection:

17 ‘‘(3) Not more than 5 percent of sums received

18 under subsection (a) may be used for the adminis19 tration of the State crime victim assistance program

20 receiving such sums.’’.

21 SEC. 917. MAINTENANCE OF EFFORT.

22 Section 1407 of the Victims of Crime Act of 1984

23 (42 U.S.C. 10604) is amended by adding at the end the

24 following new subsection:
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1 ‘‘(h) Each entity receiving sums made available under

2 this Act for administrative purposes shall certify that such

3 sums will not be used to supplant State or local funds,

4 but will be used to increase the amount of such funds that

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

6 for these purposes.’’.

7 TITLE X—STATE AND LOCAL

8 LAW ENFORCEMENT

9 Subtitle A—DNA Identification

10 SEC. 1001. SHORT TITLE.

11 This subtitle may be cited as the ‘‘DNA Identification

12 Act of 1993’’.

13 SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAIL14 ABILITY OF DNA ANALYSES FOR LAW EN15 FORCEMENT IDENTIFICATION PURPOSES.

16 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

17 GRANT PROGRAM.—Section 501(b) of title I of the Omni18 bus Crime Control and Safe Streets Act of 1968 (42

19 U.S.C. 3751(b)) is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (20);

22 (2) by striking the period at the end of para23 graph (21) and inserting ‘‘; and’’; and

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

25 paragraph:
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1 ‘‘(22) developing or improving in a forensic lab2 oratory a capability to analyze deoxyribonucleic acid

3 (hereinafter in this title referred to as ‘DNA’) for

4 identification purposes.’’.

5 (b) STATE APPLICATIONS.—Section 503(a) of title I

6 of the Omnibus Crime Control and Safe Streets Act of

7 1968 (42 U.S.C. 3753(a)) is amended by adding at the

8 end thereof the following new paragraph:

9 ‘‘(12) If any part of a grant made under this

10 part is to be used to develop or improve a DNA

11 analysis capability in a forensic laboratory, a certifi12 cation that—

13 ‘‘(A) DNA analyses performed at such lab14 oratory will satisfy or exceed then current

15 standards for a quality assurance program for

16 DNA analysis, issued by the Director of the

17 Federal Bureau of Investigation under section

18 1123 of the DNA Identification Act of 1993;

19 ‘‘(B) DNA samples obtained by, and DNA

20 analyses performed at, such laboratory will be

21 accessible only—

22 ‘‘(i) to criminal justice agencies for

23 law enforcement identification purposes;
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1 ‘‘(ii) in judicial proceedings, if other2 wise admissable pursuant to applicable

3 statutes or rules;

4 ‘‘(iii) for criminal defense purposes, to

5 a defendant, who shall have access to sam6 ples and analyses performed in connection

7 with the case in which such defendant is

8 charged; or

9 ‘‘(iv) if personally identifiable infor10 mation is removed, for a population statis11 tics database, for identification research

12 and protocol development purposes, or for

13 quality control purposes; and

14 ‘‘(C) such laboratory, and each analyst

15 performing DNA analyses at such laboratory,

16 will undergo, at regular intervals of not to ex17 ceed 180 days, external proficiency testing by a

18 DNA proficiency testing program meeting the

19 standards issued under section 1123 of the

20 DNA Identification Act of 1993.’’.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—For each

22 of fiscal years 1995 through 1999 there are authorized

23 to be appropriated $10,000,000 for grants to the States

24 for DNA analysis.
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1 SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TEST2 ING STANDARDS.

3 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO4 FICIENCY TESTING STANDARDS.—(1) Not later than 180

5 days after the date of the enactment of this Act, the Direc6 tor of the Federal Bureau of Investigation shall appoint

7 an advisory board on DNA quality assurance methods.

8 The Director shall appoint members of the board from

9 among nominations proposed by the head of the National

10 Academy of Sciences and professional societies of crime

11 laboratory directors. The advisory board shall include as

12 members scientists from state and local forensic labora13 tories, molecular geneticists and population geneticists not

14 affiliated with a forensic laboratory, and a representative

15 from the National Institute of Standards and Technology.

16 The advisory board shall develop, and if appropriate, peri17 odically revise, recommended standards for quality assur18 ance, including standards for testing the proficiency of fo19 rensic laboratories, and forensic analysts, in conducting

20 analyses of DNA.

21 (2) The Director of the Federal Bureau of Investiga22 tion, after taking into consideration such recommended

23 standards, shall issue (and revise from time to time)

24 standards for quality assurance, including standards for

25 testing the proficiency of forensic laboratories, and foren26 sic analysts, in conducting analyses of DNA.
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1 (3) The standards described in paragraphs (1) and

2 (2) shall specify criteria for quality assurance and pro3 ficiency tests to be applied to the various types of DNA

4 analyses used by forensic laboratories. The standards shall

5 also include a system for grading proficiency testing per6 formance to determine whether a laboratory is performing

7 acceptably.

8 (4) Until such time as the advisory board has made

9 recommendations to the Director of the Federal Bureau

10 of Investigation and the Director has acted upon those

11 recommendations, the quality assurance guidelines adopt12 ed by the technical working group on DNA analysis meth13 ods shall be deemed the Director’s standards for purposes

14 of this section.

15 (b) ADMINISTRATION OF THE ADVISORY BOARD.—

16 For administrative purposes, the advisory board appointed

17 under subsection (a) shall be considered an advisory board

18 to the Director of the Federal Bureau of Investigation.

19 Section 14 of the Federal Advisory Committee Act (5

20 U.S.C. App.) shall not apply with respect to the advisory

21 board appointed under subsection (a). The board shall

22 cease to exist on the date 5 years after the initial appoint23 ments are made to the board, unless the existence of the

24 board is extended by the Director of the Federal Bureau

25 of Investigation.
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1 SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EX2 CHANGE OF DNA IDENTIFICATION INFORMA3 TION.

4 (a) The Director of the Federal Bureau of Investiga5 tion may establish an index of—

6 (1) DNA identification records of persons con7 victed of crimes;

8 (2) analyses of DNA samples recovered from

9 crime scenes; and

10 (3) analyses of DNA samples recovered from

11 unidentified human remains.

12 (b) Such index may include only information on DNA

13 identification records and DNA analyses that are—

14 (1) based on analyses performed in accordance

15 with publicly available standards that satisfy or ex16 ceed the guidelines for a quality assurance program

17 for DNA analysis, issued by the Director of the Fed18 eral Bureau of Investigation under section 1123 of

19 the DNA Identification Act of 1993;

20 (2) prepared by laboratories, and DNA ana21 lysts, that undergo, at regular intervals of not to ex22 ceed 180 days, external proficiency testing by a

23 DNA proficiency testing program meeting the stand24 ards issued under section 1123 of the DNA Identi25 fication Act of 1993; and
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1 (3) maintained by Federal, State, and local

2 criminal justice agencies pursuant to rules that allow

3 disclosure of stored DNA samples and DNA analy4 ses only—

5 (A) to criminal justice agencies for law en6 forcement identification purposes;

7 (B) in judicial proceedings, if otherwise

8 admissable pursuant to applicable statutes or

9 rules;

10 (C) for criminal defense purposes, to a de11 fendant, who shall have access to samples and

12 analyses performed in connection with the case

13 in which such defendant is charged; or

14 (D) if personally identifiable information is

15 removed, for a population statistics database,

16 for identification research and protocol develop17 ment purposes, or for quality control purposes.

18 (c) The exchange of records authorized by this section

19 is subject to cancellation if the quality control and privacy

20 requirements described in subsection (b) of this section are

21 not met.

22 SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.

23 (a) PROFICIENCY TESTING REQUIREMENTS.—

24 (1) GENERALLY.—Personnel at the Federal

25 Bureau of Investigation who perform DNA analyses
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1 shall undergo, at regular intervals of not to exceed

2 180 days, external proficiency testing by a DNA

3 proficiency testing program meeting the standards

4 issued under section 1123(b). Within 1 year of the

5 date of enactment of this Act, the Director of the

6 Federal Bureau of Investigation shall arrange for

7 periodic blind external tests to determine the pro8 ficiency of DNA analysis performed at the Federal

9 Bureau of Investigation laboratory. As used in this

10 paragraph, the term ‘‘blind external test’’ means a

11 test that is presented to the laboratory through a

12 second agency and appears to the analysts to involve

13 routine evidence.

14 (2) REPORT.—For 5 years after the date of en15 actment of this Act, the Director of the Federal Bu16 reau of Investigation shall submit to the Committees

17 on the Judiciary of the House and Senate an annual

18 report on the results of each of the tests referred to

19 in paragraph (1).

20 (b) PRIVACY PROTECTION STANDARDS.—

21 (1) GENERALLY.—Except as provided in para22 graph (2), the results of DNA tests performed for

23 a Federal law enforcement agency for law enforce24 ment purposes may be disclosed only—
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1 (A) to criminal justice agencies for law en2 forcement identification purposes; or

3 (B) for criminal defense purposes, to a de4 fendant, who shall have access to samples and

5 analyses performed in connection with the case

6 in which such defendant is charged.

7 (2) EXCEPTION.—If personally identifiable in8 formation is removed, test results may be disclosed

9 for a population statistics database, for identification

10 research and protocol development purposes, or for

11 quality control purposes.

12 (c) CRIMINAL PENALTY.—(1) Whoever—

13 (A) by virtue of employment or official position,

14 has possession of, or access to, individually identifi15 able DNA information indexed in a database created

16 or maintained by any Federal law enforcement agen17 cy; and

18 (B) willfully discloses such information in any

19 manner to any person or agency not entitled to re20 ceive it;

21 shall be fined not more than $100,000.

22 (2) Whoever, without authorization, willfully obtains

23 DNA samples or individually identifiable DNA informa24 tion indexed in a database created or maintained by any
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1 Federal law enforcement agency shall be fined not more

2 than $100,000.

3 SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated to the Fed5 eral Bureau of Investigation $4,500,000 for each of fiscal

6 years 1995 through 1999 to carry out sections 1003,

7 1004, and 1005.

8 Subtitle B—Department of Justice

9 Community Substance Abuse

10 Prevention

11 SEC. 1011. SHORT TITLE.

12 This section may be cited as the ‘‘Department of Jus13 tice Community Substance Abuse Prevention Act of

14 1993’’.

15 SEC. 1012. COMMUNITY PARTNERSHIPS.

16 (a) IN GENERAL.—Part E of title I of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3711 et seq.) is amended by adding at the end the follow19 ing new subpart:

20 ‘‘Subpart 4—Community Coalitions on Substance Abuse

21 ‘‘GRANTS TO COMBAT SUBSTANCE ABUSE

22 ‘‘SEC. 531. (a) DEFINITION.—As used in this section,

23 the term ‘eligible coalition’ means an association, consist24 ing of at least 7 organizations, agencies, and individuals
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1 that are concerned about preventing substance abuse, that

2 shall include—

3 ‘‘(1) public and private organizations and agen4 cies that represent law enforcement, schools, health

5 and social service agencies, and community-based or6 ganizations; and

7 ‘‘(2) representatives of 3 of the following

8 groups: the clergy, academia, business, parents,

9 youth, the media, civic and fraternal groups, or

10 other nongovernmental interested parties.

11 ‘‘(b) GRANT PROGRAM.—The Attorney General, act12 ing through the Director of the Bureau of Justice Assist13 ance, and the appropriate State agency, may make grants

14 to eligible coalitions in order to—

15 ‘‘(1) plan and implement comprehensive long16 term strategies for substance abuse prevention;

17 ‘‘(2) develop a detailed assessment of existing

18 substance abuse prevention programs and activities

19 to determine community resources and to identify

20 major gaps and barriers in such programs and ac21 tivities;

22 ‘‘(3) identify and solicit funding sources to en23 able such programs and activities to become self-sus24 taining;
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1 ‘‘(4) develop a consensus regarding the prior2 ities of a community concerning substance abuse;

3 ‘‘(5) develop a plan to implement such prior4 ities; and

5 ‘‘(6) coordinate substance abuse services and

6 activities, including prevention activities in the

7 schools or communities and substance abuse treat8 ment programs.

9 ‘‘(c) COMMUNITY PARTICIPATION.—In developing

10 and implementing a substance abuse prevention program,

11 a coalition receiving funds under subsection (b) shall—

12 ‘‘(1) emphasize and encourage substantial vol13 untary participation in the community, especially

14 among individuals involved with youth such as teach15 ers, coaches, parents, and clergy; and

16 ‘‘(2) emphasize and encourage the involvement

17 of businesses, civic groups, and other community or18 ganizations and members.

19 ‘‘(d) APPLICATION.—An eligible coalition shall sub20 mit an application to the Attorney General and the appro21 priate State agency in order to receive a grant under this

22 section. Such application shall—

23 ‘‘(1) describe and, to the extent possible, docu24 ment the nature and extent of the substance abuse

25 problem, emphasizing who is at risk and specifying
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1 which groups of individuals should be targeted for

2 prevention and intervention;

3 ‘‘(2) describe the activities needing financial as4 sistance;

5 ‘‘(3) identify participating agencies, organiza6 tions, and individuals;

7 ‘‘(4) identify the agency, organization, or indi8 vidual that has responsibility for leading the coali9 tion, and provide assurances that such agency, orga10 nization or individual has previous substance abuse

11 prevention experience;

12 ‘‘(5) describe a mechanism to evaluate the suc13 cess of the coalition in developing and carrying out

14 the substance abuse prevention plan referred to in

15 subsection (b)(5) and to report on such plan to the

16 Attorney General on an annual basis; and

17 ‘‘(6) contain such additional information and

18 assurances as the Attorney General and the appro19 priate State agency may prescribe.

20 ‘‘(e) PRIORITY.—In awarding grants under this sec21 tion, the Attorney General and the appropriate State

22 agency shall give priority to a community that—

23 ‘‘(1) provides evidence of significant substance

24 abuse;
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1 ‘‘(2) proposes a comprehensive and multifaceted

2 approach to eliminating substance abuse;

3 ‘‘(3) encourages the involvement of businesses

4 and community leaders in substance abuse preven5 tion activities;

6 ‘‘(4) demonstrates a commitment and a high

7 priority for preventing substance abuse; and

8 ‘‘(5) demonstrates support from the community

9 and State and local agencies for efforts to eliminate

10 substance abuse.

11 ‘‘(f) REVIEW.—Each coalition receiving money pursu12 ant to the provisions of this section shall submit an annual

13 report to the Attorney General, and the appropriate State

14 agency, evaluating the effectiveness of the plan described

15 in subsection (b)(5) and containing such additional infor16 mation as the Attorney General, or the appropriate State

17 agency, may prescribe. The Attorney General, in conjunc18 tion with the Director of the Bureau of Justice Assistance,

19 and the appropriate State agency, shall submit an annual

20 review to the Committee on the Judiciary of the Senate

21 and the Committee on the Judiciary of the House of Rep22 resentatives. Such review shall—

23 ‘‘(1) evaluate the grant program established in

24 this section to determine its effectiveness;
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1 ‘‘(2) implement necessary changes to the pro2 gram that can be done by the Attorney General; and

3 ‘‘(3) recommend any statutory changes that are

4 necessary.

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 $15,000,000 for fiscal year 1995, $20,000,000 for fiscal

8 year 1996, and $25,000,000 for fiscal year 1997.’’.

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

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

11 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by in12 serting after the item relating to section 522 the following:

‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE

‘‘Sec. 531. Grants to combat substance abuse.’’.

13 Subtitle C—Racial and Ethnic Bias

14 Study Grants

15 SEC. 1021. STUDY GRANTS.

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

17 (1) equality under law is tested most profoundly

18 by whether a legal system tolerates race playing a

19 role in the criminal justice system; and

20 (2) States should examine their criminal justice

21 systems in order to ensure that racial and ethnic

22 bias has no part in such criminal justice systems.

23 (b) AUTHORIZATION OF GRANT PROGRAM.—
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1 (1) IN GENERAL.—The Attorney General, act2 ing through the Bureau of Justice Assistance, may

3 make grants to States that have established by State

4 law or by the court of last resort a plan for analyz5 ing the role of race in that State’s criminal justice

6 system. Such plan shall include recommendations de7 signed to correct any findings that racial and ethnic

8 bias plays such a role.

9 (2) CRITERIA FOR GRANTS.—Grants under this

10 subsection shall be awarded based upon criteria es11 tablished by the Attorney General. In establishing

12 the criteria, the Attorney General shall take into

13 consideration the population of the respective States,

14 the racial and ethnic composition of the population

15 of the States, and the crime rates of the States.

16 (3) REPORTS BY STATES.—Recipients of grants

17 under this subsection shall report the findings and

18 recommendations of studies funded by grants under

19 this subsection to the Congress within reasonable

20 time limits established by the Attorney General.

21 (4) REIMBURSEMENT OF STATES.—Grants may

22 be made to reimburse States for work started prior

23 to the date of enactment of this Act.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to carry out this section
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1 $2,000,000 for each of fiscal years 1995, 1996, 1997,

2 1998, and 1999.

3 TITLE XI—PROVISIONS

4 RELATING TO POLICE OFFICERS

5 Subtitle A—Law Enforcement

6 Family Support

7 SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.

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

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

10 et seq.), as amended by section 309(b)(1), is amended—

11 (1) by redesignating part S as part T;

12 (2) by redesignating section 1901 as 2001; and

13 (3) by inserting after part R the following new

14 part:

15 ‘‘PART S—FAMILY SUPPORT

16 ‘‘SEC. 1901. DUTIES OF DIRECTOR.

17 ‘‘The Director shall—

18 ‘‘(1) establish guidelines and oversee the imple19 mentation of family-friendly policies within law en20 forcement-related offices and divisions in the De21 partment of Justice;

22 ‘‘(2) study the effects of stress on law enforce23 ment personnel and family well-being and dissemi24 nate the findings of such studies to Federal, State,
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1 and local law enforcement agencies, related organi2 zations, and other interested parties;

3 ‘‘(3) identify and evaluate model programs that

4 provide support services to law enforcement person5 nel and families;

6 ‘‘(4) provide technical assistance and training

7 programs to develop stress reduction and family sup8 port to State and local law enforcement agencies;

9 ‘‘(5) collect and disseminate information re10 garding family support, stress reduction, and psy11 chological services to Federal, State, and local law

12 enforcement agencies, law enforcement-related orga13 nizations, and other interested entities; and

14 ‘‘(6) determine issues to be researched by the

15 Bureau and by grant recipients.

16 ‘‘SEC. 1902. GENERAL AUTHORIZATION.

17 ‘‘The Director may make grants to States and local

18 law enforcement agencies and to organizations represent19 ing State or local law enforcement personnel to provide

20 family support services to law enforcement personnel.

21 ‘‘SEC. 1903. USES OF FUNDS.

22 ‘‘(a) IN GENERAL.—A State or local law enforcement

23 agency or organization that receives a grant under this

24 Act shall use amounts provided under the grant to estab-
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1 lish or improve training and support programs for law en2 forcement personnel.

3 ‘‘(b) REQUIRED ACTIVITIES.—A law enforcement

4 agency or organization that receives funds under this part

5 shall provide at least one of the following services:

6 ‘‘(1) Counseling for law enforcement family

7 members.

8 ‘‘(2) Child care on a 24-hour basis.

9 ‘‘(3) Marital and adolescent support groups.

10 ‘‘(4) Stress reduction programs.

11 ‘‘(5) Stress education for law enforcement re12 cruits and families.

13 ‘‘(6) Provide technical assistance and training

14 programs to support any or all of the services de15 scribed in paragraphs (1), (2), (3), (4), and (5).

16 ‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement

17 agency or organization that receives funds under this part

18 may provide the following services:

19 ‘‘(1) Post-shooting debriefing for officers and

20 their spouses.

21 ‘‘(2) Group therapy.

22 ‘‘(3) Hypertension clinics.

23 ‘‘(4) Critical incident response on a 24-hour

24 basis.
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1 ‘‘(5) Law enforcement family crisis telephone

2 services on a 24-hour basis.

3 ‘‘(6) Counseling for law enforcement personnel

4 exposed to the human immunodeficiency virus.

5 ‘‘(7) Counseling for peers.

6 ‘‘(8) Counseling for families of personnel killed

7 in the line of duty.

8 ‘‘(9) Seminars regarding alcohol, drug use,

9 gambling, and overeating.

10 ‘‘(10) Technical assistance and training to sup11 port any or all of the services described in para12 graphs (1), (2), (3), (4), (5), (6), (7), (8), and (9).

13 ‘‘SEC. 1904. APPLICATIONS.

14 ‘‘A law enforcement agency or organization desiring

15 to receive a grant under this part shall submit to the Di16 rector an application at such time, in such manner, and

17 containing or accompanied by such information as the Di18 rector may reasonably require. Such application shall—

19 ‘‘(1) certify that the law enforcement agency

20 shall match all Federal funds with an equal amount

21 of cash or in-kind goods or services from other non22 Federal sources;

23 ‘‘(2) include a statement from the highest rank24 ing law enforcement official from the State or local25 ity or from the highest ranking official from the or-
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1 ganization applying for the grant that attests to the

2 need and intended use of services to be provided

3 with grant funds; and

4 ‘‘(3) assure that the Director or the Comptrol5 ler General of the United States shall have access to

6 all records related to the receipt and use of grant

7 funds received under this part.

8 ‘‘SEC. 1905. AWARD OF GRANTS; LIMITATION.

9 ‘‘(a) GRANT DISTRIBUTION.—In approving grants

10 under this part, the Director shall assure an equitable dis11 tribution of assistance among the States, among urban

12 and rural areas of the United States, and among urban

13 and rural areas of a State.

14 ‘‘(b) DURATION.—The Director may award a grant

15 each fiscal year, not to exceed $100,000 to a State or local

16 law enforcement agency or $250,000 to a law enforcement

17 organization for a period not to exceed 5 years. In any

18 application from a State or local law enforcement agency

19 or organization for a grant to continue a program for the

20 second, third, fourth, or fifth fiscal year following the first

21 fiscal year in which a grant was awarded to such agency,

22 the Director shall review the progress made toward meet23 ing the objectives of the program. The Director may refuse

24 to award a grant if the Director finds sufficient progress

25 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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•S 1488 IS

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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•S 1488 IS

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 IS

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
224

•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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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•S 1488 IS

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-
337

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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
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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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