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Attorney General, an application for a grant under
this section shall—
(A) include a long-term strategy and de-
tailed implementation plan;
(B) include evidence of the existence of, and
describe the terms of, a multi-State compact for
any multiple-State plan;
(C) provide a description of any construc-
tion activities, including cost estimates, that will
be a part of any plan;
(D) provide a description of the criteria for
selection of prisoners for participating in a boot
camp prison program or assignment to a re-
gional prison or activated prison or boot camp
facility that is to be funded;
(E) provide assurances that the boot camp
prison program, regional prison, or activated
prison or boot camp facility that receives fund-
ing will provide work programs, education, job
training, and appropriate drug treatment for in-
mates;
(F) provide assurances that—
(i) prisoners who participate in a boot
camp prison program or are assigned to a
regional prison or activated prison or boot
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(H) explain the applicant’s inability to
fund the program adequately without Federal as-
sistance;
(I) identify related governmental and com-
munity initiatives that complement or will be
coordinated with the proposal;
(J) certify that there has been appropriate
coordination with all affected agencies; and
(K) specify plans for obtaining necessary
support and continuing the proposed program
following the conclusion of Federal support.
(d) LIMITATIONS ON FUNDS.—
(1) NONSUPPLANTING
REQUIREMENT.—Funds
made available under this section shall not be used to
supplant State funds, but shall be used to increase the
amount of funds that would, in the absence of Federal
funds, be made available from State sources.
(2) ADMINISTRATIVE COSTS.—No more than 5
percent of the funds available under this section may
be used for administrative costs.
(3) MATCHING FUNDS.—The portion of the costs
of a program provided by a grant under this section
may not exceed 75 percent of the total cost of the pro-
gram as described in the application.
(4) DURATION OF GRANTS.—
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(A) IN GENERAL.—A grant under this sec-
tion may be renewed for up to 3 years beyond
the initial year of funding if the applicant dem-
onstrates satisfactory progress toward achieve-
ment of the objectives set out in an approved ap-
plication.
(B) MULTIYEAR
GRANTS.—A multiyear
grant may be made under this section so long as
the total duration of the grant, including any re-
newals, does not exceed 4 years.
(e) CONVERSION OF PROPERTY AND FACILITIES AT
CLOSED OR REALIGNED MILITARY INSTALLATIONS INTO
BOOT CAMP PRISONS AND REGIONAL PRISONS.—
(1) DEFINITION.—In this subsection, ‘‘base clo-
sure law’’ means—
(A) title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (10 U.S.C. 2687 note);
(B) the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note);
(C) section 2687 of title 10, United States
Code; and
(D) any other similar law.
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(2) REPORT.—Not later than 6 months after the
date of enactment of this Act, the Attorney General
shall prepare and disseminate to State and local offi-
cials a report listing any real property or facility lo-
cated at a military installation to be closed or re-
aligned under a base closure law that is suitable for
use as a boot camp prison or regional prison. The At-
torney General shall periodically update this report
for dissemination to State and local officials.
(3) APPLICABILITY.—This subsection shall apply
with respect to property or facilities located at mili-
tary installations the closure or realignment of which
commences after the date of enactment of this Act.
(f) PERFORMANCE EVALUATION.—
(1) EVALUATION COMPONENTS.—
(A) IN GENERAL.—Each boot camp prison,
regional prison, and activated prison or boot
camp facility program funded under this section
shall contain an evaluation component developed
pursuant to guidelines established by the Attor-
ney General.
(B) OUTCOME MEASURES.—The evaluations
required by this paragraph shall include outcome
measures that can be used to determine the effec-
tiveness of the funded programs, including the ef-
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fectiveness of such programs in comparison with
other correctional programs or dispositions in re-
ducing the incidence of recidivism.
(2) PERIODIC REVIEW AND REPORTS.—
(A) REVIEW.—The Attorney General shall
review the performance of each grant recipient
under this section.
(B) REPORTS.—The Attorney General may
require a grant recipient to submit to the Attor-
ney General the results of the evaluations re-
quired under paragraph (1) and such other data
and information as the Attorney General deems
reasonably necessary to carry out the Attorney
General’s responsibilities under this section.
(3) REPORT TO CONGRESS.—The Attorney Gen-
eral shall submit an annual report to Congress de-
scribing the grants awarded under this section and
providing an assessment of the operations of the pro-
grams receiving grants.
(g) REVOCATION OR SUSPENSION OF FUNDING.—If the
Attorney General determines, as a result of the reviews re-
quired by subsection (f), or otherwise, that a grant recipient
under this section is not in substantial compliance with the
terms and requirements of an approved grant application,
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the Attorney General may revoke or suspend funding of the
grant in whole or in part.
(h) ACCESS TO DOCUMENTS.—The Attorney General
and the Comptroller General shall have access for the pur-
pose of audit and examination to—
(1) the pertinent books, documents, papers, or
records of a grant recipient under this section; and
(2) the pertinent books, documents, papers, or
records of other persons and entities that are involved
in programs for which assistance is provided under
this section.
(i) GENERAL REGULATORY AUTHORITY.—The Attor-
ney General may issue regulations and guidelines to carry
out this section.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $3,000,000,000, to
remain available until expended.
(2) USE OF APPROPRIATED FUNDS.—No more
than one-third of the amounts appropriated under
paragraph (1) may be used to make grants for the
construction, development, and operation of regional
prisons under subsection (b)(1)(B).
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SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.
(a) FEASIBILITY STUDY.—The National Institute of
Justice shall study the feasibility of establishing a clearing-
house to provide information to interested persons to facili-
tate the transfer of prisoners in State correctional institu-
tions to other such correctional institutions, pursuant to the
Interstate Corrections Compact or other applicable inter-
state compact, for the purpose of allowing prisoners to serve
their prison sentences at correctional institutions in close
proximity to their families.
(b) REPORT TO CONGRESS.—The National Institute of
Justice shall, not later than 1 year after the date of the
enactment of this Act, submit to the Committees on the Ju-
diciary of the House of Representatives and the Senate a
report containing the results of the study conducted under
subsection (a), together with any recommendations the In-
stitute may have on establishing a clearinghouse described
in such subsection.
(c) DEFINITION.—For purposes of this section, the
term ‘‘State’’ includes the District of Columbia and any
territory or possession of the United States.
SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND
TREATMENT.
The Director of the National Institute of Justice
shall—
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(1) conduct a study to compare the recidivism
rates of individuals under the influence of alcohol or
alcohol in combination with other drugs at the time
of their offense—
(A) who participated in a residential treat-
ment program while in the custody of the State;
and
(B) who did not participate in a residential
treatment program while in the custody of the
State; and
(2) conduct a nationwide assessment regarding
the use of alcohol and alcohol in combination with
other drugs as a factor in violent, domestic, and gen-
eral criminal activity.
SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘The Bureau’’ and inserting ‘‘(a)
IN GENERAL.—The Bureau’’;
(2) by striking ‘‘This section’’ and inserting ‘‘(c)
APPLICATION OF SECTION.—This section’’;
(3) in paragraph (4) of subsection (a), as des-
ignated by paragraph (1) of this subsection—
(A) by striking ‘‘Provide’’ and inserting
‘‘provide’’; and
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(B) by striking the period at the end and
inserting ‘‘; and’’;
(4) by inserting after paragraph (4) of sub-
section (a), as designated by paragraph (1) of this
subsection, the following new paragraph:
‘‘(5) provide notice of release of prisoners in ac-
cordance with subsection (b).’’; and
(5) by inserting after subsection (a), as des-
ignated by paragraph (1) of this subsection, the fol-
lowing new subsection:
‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Except
in the case of a prisoner being protected under chapter 224,
the Bureau of Prisons shall, at least 5 days prior to the
date on which a prisoner described in paragraph (3) is to
be released on supervised release, or, in the case of a pris-
oner on supervised release, at least 5 days prior to the date
on which the prisoner changes residence to a new jurisdic-
tion, cause written notice of the release or change of resi-
dence to be made to the chief law enforcement officer of the
State and of the local jurisdiction in which the prisoner
will reside.
‘‘(2) A notice under paragraph (1) shall disclose—
‘‘(A) the prisoner’s name;
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‘‘(B) the prisoner’s criminal history, including a
description of the offense of which the prisoner was
convicted; and
‘‘(C) any restrictions on conduct or other condi-
tions to the release of the prisoner that are imposed
by law, the sentencing court, or the Bureau of Prisons
or any other Federal agency.
‘‘(3) A prisoner is described in this paragraph if the
prisoner was convicted of—
‘‘(A) a drug trafficking crime, as that term is de-
fined in section 924(c)(2); or
‘‘(B) a crime of violence, as that term is defined
in section 924(c)(3).
‘‘(4) The notice provided under this section shall be
used solely for law enforcement purposes.’’.
SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR
LAW APPLIES.
In the case of a prisoner convicted of an offense com-
mitted prior to November 1, 1987, the reference to super-
vised release in section 4042(b) of title 18, United States
Code, shall be deemed to be a reference to probation or pa-
role.
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Subtitle C—Grants Under the Juve-
nile Justice and Delinquency
Prevention Act of 1974
SEC. 1331. GRANTS FOR COMMUNITY-BASED VIOLENT-JUVE-
NILE FACILITIES.
(a) IN GENERAL.—The Attorney General, through the
Bureau of Prisons, may make grants to States and units
of general local government or combinations thereof to assist
them in planning, establishing, and operating secure facili-
ties for violent and chronic juvenile offenders. The mandate
required by the Juvenile Justice and Delinquency Preven-
tion Act shall not apply to grants under this subtitle.
(b) AUTHORIZATION.—There are authorized to be ap-
propriated $100,000,000 for each of fiscal years 1994, 1995,
1996, 1997, 1998.
Subtitle D—Regional Prisons and
State Prisons
SEC. 1341. REGIONAL PRISONS FOR VIOLENT CRIMINALS
AND VIOLENT CRIMINAL ALIENS.
(a) DEFINITIONS.—In this section—
‘‘child abuse offense’’ means an offense under
Federal or State law that constitutes sexual exploi-
tation of children or selling or buying of children
within the meaning of chapter 110 of title 18, United
States Code.
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‘‘firearm offense’’ means an offense under Fed-
eral or State law committed while the offender is in
possession of a firearm or while an accomplice of the
offender, to the knowledge of the offender, is in posses-
sion of a firearm.
‘‘crime of violence’’ means a felony offense under
Federal or State law that is a crime of violence with-
in the meaning of section 16 of title 18, United States
Code.
‘‘qualifying prisoner’’ means—
(A) an alien who is in this country illegally
or unlawfully and who has been convicted of a
crime of violence (as defined in section 924(c)(3)
of title 18, United States Code) or a serious drug
offense (as defined in section 924(e)(2)(A) of title
18, United States Code); and
(B) a violent criminal.
‘‘sex offense’’ means an offense under Federal or
State law that constitutes aggravated sexual abuse,
sexual abuse, sexual abuse of a minor or ward, or
abusive sexual contact within the meaning of chapter
109A of title 18, United States Code.
‘‘violent criminal’’—
(A) means a person convicted under Federal
law of an offense described in, under the cir-
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cumstances described in, the provisions of section
924 (c) or (e) of title 18 or section 994(h) of title
28, United States Code, or under State law for
the same or a similar offense; and
(B) insofar as any of the circumstances de-
scribed in an offense described in subparagraph
(A) is the prior conviction of an offense, includes
a person who had been adjudicated as a juvenile
delinquent by reason of the commission of an act
that, if committed by an adult, would constitute
such an offense.
(b) CONSTRUCTION OF PRISONS.—(1) IN GENERAL.—
The Attorney General shall, after consultation with State
correctional administrators, construct and operate a mini-
mum of 10 regional prisons, situated throughout the United
States, each containing space for at least 2,500 inmates.
The Attorney General may contract with the private sector
to design, construct or provide any services associated with
the regional prisons. At least 75 percent of the overall ca-
pacity of such prisons in the aggregate shall be dedicated
to qualifying prisoners from qualifying States. In making
a determination as to the location of regional prisons, the
Attorney General shall give appropriate consideration to
the feasibility of converting Federal correctional complexes
currently in the planning or construction phase.
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(2) CONSIDERATION
OF COST-EFFECTIVE AL-
TERNATIVES
AND
STATE
AND
LOCAL
RE-USE
PLANS.—(A) In determining where to locate any of
the regional prisons authorized in paragraph (1), and
in accordance with the Department of Justice’s duty
to review and identify a use for any portion of an in-
stallation closed pursuant to title II of the Defense
Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100–526) and the Defense
Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510) the Attorney
General shall consider—
(i) whether using any portion of a closed
military installation in the region or military
installation scheduled to be closed in the region
provides a cost-effective alternative to the pur-
chase of real property or construction of new
prison facilities;
(ii) whether such use is consistent with a
reutilization and redevelopment plan. Consent
must be obtained from the local re-use authority
for the military installation, recognized and
funded by the Secretary of Defense, before the At-
torney General may proceed with plans for the
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design or construction of a prison authorized in
paragraph 1; and
(iii) giving priority consideration to any
installation located in a rural area whose closure
under this title will have a substantial adverse
impact on the economy of the communities for
the economic recovery of such communities from
such closure.
(B) Before proceeding with plans for the design
or construction of a prison authorized in paragraph
(1), the Attorney General shall submit to Congress a
report explaining the basis of the decision on where
to locate the new prison facility.
(C) If the Attorney General decides not to utilize
any portion of a closed military installation or an
installation scheduled to be closed for locating a re-
gional prison, the report shall include an analysis of
why installations in the region, the use of which as
a prison would be consistent with a reutilization and
redevelopment plan, do not provide a cost-effective al-
ternative to the purchase of real property or construc-
tion of new facilities.
(D) The Attorney General shall obtain all infor-
mation necessary to determine whether any portion of
a closed military installation in the region or mili-
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tary installation scheduled to be closed in the region
is a cost-effective alternative to the purchase of real
property or construction of new prison facilities.
(c) ACCEPTANCE
OF PRISONERS.—Any qualifying
State may apply to the Attorney General to accept any
qualifying prisoner. If, in the Attorney General’s judgment
there are likely to be more qualifying prisoners than there
is space available, then to the extent that the Attorney Gen-
eral deems it practicable, the Attorney General should seek
to allocate space among qualifying States in a proportion
similar to the number of qualifying prisoners held by that
State in relation to the total number of qualifying prisoners
from qualifying States.
(d) QUALIFYING STATE.—
(1) IN GENERAL.—The Attorney General shall
not certify a State as a qualifying State under this
section unless the State is providing—
(A) truth in sentencing with respect to any
felony crime of violence involving the use or at-
tempted use of force against a person, or use of
a firearm against a person for which a maxi-
mum sentence of 5 years or more is authorized
that is consistent with that provided in the Fed-
eral system in chapter 229 of title 18, United
States Code, which provides that defendants will
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serve at least 85 percent of the sentence ordered
and which provides for a binding sentencing
guideline system in which sentencing judges’ dis-
cretion is limited to ensure greater uniformity in
sentencing;
(B) pretrial detention similar to that pro-
vided in the Federal system under section 3142
of title 18, United States Code;
(C) sentences for firearm offenders where
death or serious bodily injury results, murderers,
sex offenders, and child abuse offenders that,
after application of relevant sentencing guide-
lines, result in the imposition of sentences that
are at least as long as those imposed under Fed-
eral law (after application of relevant sentencing
guidelines); and
(D) suitable recognition for the rights of
victims, including consideration of the victim’s
perspective at all appropriate stages of criminal
proceedings.
(2) DISQUALIFICATION.—The Attorney General
shall withdraw a State’s status as a qualifying State
if the Attorney General finds that the State no longer
appropriately provides for the matters described in
paragraph (1) or has ceased making substantial
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progress toward attaining them, in which event the
State shall no longer be entitled to the benefits of this
section, except to the extent the Attorney General oth-
erwise directs.
(3) WAIVER.—The Attorney General may waive,
for no more than one year, any of the requirements
of this subsection with respect to a particular State
if the Attorney General certifies that, in the Attorney
General’s judgment, there are compelling law enforce-
ment reasons for doing so. Any State granted any
such waiver shall be treated as a qualifying State for
all purposes of this subtitle, unless the Attorney Gen-
eral otherwise directs.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
(1) $600,000,000 for fiscal year 1994;
(2) $600,000,000 for fiscal year 1995;
(3) $600,000,000 for fiscal year 1996;
(4) $600,000,000 for fiscal year 1997; and
(5) $600,000,000 for fiscal year 1998.
Subtitle E—Violent Crime
Reduction Trust Fund
SEC. 1351. PURPOSES.
The Congress declares it essential—
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(1) to fully fund the control and prevention of
violent crime authorized in this Act over the next 5
years;
(2) to ensure orderly limitation and reduction of
Federal Government employment, as recommended by
the Report of the National Performance Review, con-
ducted by the Vice President; and
(3) to apply sufficient amounts of the savings
achieved by limiting Government employment to the
purpose of ensuring full funding of this Act over the
next 5 years.
SEC. 1352. REDUCTION OF FEDERAL FULL-TIME EQUIVA-
LENT POSITIONS.
(a) DEFINITION.—For purposes of this section, the
term ‘‘agency’’ means an Executive agency as defined under
section 105 of title 5, United States Code, but does not in-
clude the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Management
and Budget (in consultation with the Office of Personnel
Management), shall ensure that the total number of full-
time equivalent positions in all agencies shall not exceed—
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,846 during fiscal year 1996;
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(4) 1,963,593 during fiscal year 1997; and
(5) 1,923,339 during fiscal year 1998.
(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Office
of Personnel Management, shall—
(1) continuously monitor all agencies and make
a determination on the first date of each quarter of
each applicable fiscal year of whether the require-
ments under subsection (b) are met; and
(2) notify the President and the Congress on the
first date of each quarter of each applicable fiscal
year of any determination that any requirement of
subsection (b) is not met.
(d) COMPLIANCE.—If at any time during a fiscal year,
the Office of Management and Budget notifies the President
and the Congress that any requirement under subsection (b)
is not met, no agency may hire any employee for any posi-
tion is such agency until the Office of Management and
Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies
equals or is less than the applicable number required under
subsection (b).
(e) WAIVER.—Any provision of this section may be
waived upon—
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(1) a determination by the President of the exist-
ence of war or a national security requirement; or
(2) the enactment of a joint resolution upon an
affirmative vote of three-fifths of the Members of each
House of the Congress duly chosen and sworn.
SEC. 1353. CREATION OF VIOLENT CRIME REDUCTION
TRUST FUND.
(a) ESTABLISHMENT OF THE ACCOUNT.—Chapter 11
of title 31, United States Code, is amended by inserting
at the end thereof the following new section:
‘‘§ 1115. Violent crime reduction trust fund
‘‘(a) There is established a separate account in the
Treasury, known as the ‘Violent Crime Reduction Trust
Fund’, into which shall be deposited deficit reduction
achieved by section 1352 of the Violent Crime Control and
Law Enforcement Act of 1993 sufficient to fund that Act
(as defined in subsection (b) of this section).
‘‘(b) On the first day of the following fiscal years (or
as soon thereafter as possible for fiscal year 1994), the fol-
lowing amounts shall be transferred from the general fund
to the Violent Crime Reduction Trust Fund—
‘‘(1) for fiscal year 1994, $720,000,000;
‘‘(2) for fiscal year 1995, $2,423,000,000;
‘‘(3) for fiscal year 1996, $4,267,000,000;
‘‘(4) for fiscal year 1997, $6,313,000,000; and
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‘‘(5) for fiscal year 1998, $8,545,000,000.
‘‘(c) Notwithstanding any other provision of law—
‘‘(1) the amounts in the Violent Crime Reduction
Trust Fund may be appropriated exclusively for the
purposes authorized in the Violent Crime Control and
Law Enforcement Act of 1993;
‘‘(2) the amounts in the Violent Crime Reduction
Trust Fund and appropriations under paragraph (1)
of this section shall be excluded from, and shall not
be taken into account for purposes of, any budget en-
forcement procedures under the Congressional Budget
Act of 1974 or the Balanced Budget and Emergency
Deficit Control Act of 1985; and
‘‘(3) for purposes of this subsection, ‘appropria-
tions under paragraph (1)’ mean amounts of budget
authority not to exceed the balances of the Violent
Crime Reduction Trust Fund and amounts of outlays
that flow from budget authority actually appro-
priated.’’.
(b) LISTING
OF
THE VIOLENT CRIME REDUCTION
TRUST FUND AMONG GOVERNMENT TRUST FUNDS.—Sec-
tion 1321(a) of title 31, United States Code, is amended
by inserting at the end thereof the following new paragraph:
‘‘(91) Violent Crime Reduction Trust Fund.’’.
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(c) REQUIREMENT FOR THE PRESIDENT TO REPORT
ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section
1105(a) of title 31, United States Code, is amended by add-
ing at the end thereof:
‘‘(29) information about the Violent Crime Re-
duction Trust Fund, including a separate statement
of amounts in that Trust Fund.
‘‘(30) an analysis displaying by agency proposed
reductions in full-time equivalent positions compared
to the current year’s level in order to comply with sec-
tion 1352 of the Violent Crime Control and Law En-
forcement Act of 1993.’’.
SEC. 1354. CONFORMING REDUCTION IN DISCRETIONARY
SPENDING LIMITS.
The Director of the Office of Management and Budget
shall, upon enactment of this Act, reduce the discretionary
spending limits set forth in section 601(a)(2) of the Con-
gressional Budget Act of 1974 for fiscal years 1994 through
1998 as follows:
(1) for fiscal year 1994, for the discretionary
category: $720,000,000 in new budget authority and
$314,000,000 in outlays;
(2) for fiscal year 1995, for the discretionary
category: $2,423,000,000 in new budget authority and
$2,330,000,000 in outlays;
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(3) for fiscal year 1996, for the discretionary
category: $4,267,000,000 in new budget authority and
$4,184,000,000 in outlays;
(4) for fiscal year 1997, for the discretionary
category: $6,313,000,000 in new budget authority and
$6,221,000,000 in outlays; and
(5) for fiscal year 1998, for the discretionary
category: $8,545,000,000 in new budget authority and
$8,443,000,000 in outlays.
TITLE XIV—RURAL CRIME
Subtitle A—Drug Trafficking in
Rural Areas
SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCE-
MENT AGENCIES.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a)(9) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended to read as follows:
‘‘(9) There are authorized to be appropriated to carry
out part O $50,000,000 for each of fiscal years 1994, 1995,
1996, 1997, and 1998.’’.
(b) AMENDMENT
TO
BASE
ALLOCATION.—Section
1501(a)(2)(A) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking ‘‘$100,000’’
and inserting ‘‘$250,000’’.
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SEC. 1402. RURAL CRIME AND DRUG ENFORCEMENT TASK
FORCES.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Attorney General, in
consultation with the Governors, mayors, and chief execu-
tive officers of State and local law enforcement agencies,
shall establish a Rural Crime and Drug Enforcement Task
Force in each of the Federal judicial districts which encom-
pass significant rural lands. Assets seized as a result of in-
vestigations initiated by a Rural Drug Enforcement Task
Force shall be used primarily to enhance the operations of
the task force and its participating State and local law en-
forcement agencies.
(b) TASK FORCE MEMBERSHIP.—The task forces estab-
lished under subsection (a) shall be chaired by the United
States Attorney for the respective Federal judicial district.
The task forces shall include representatives from—
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United
States Park Police, United States Forest Service and
Bureau of Land Management, and such other Federal
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law enforcement agencies as the Attorney General
may direct.
SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) IN GENERAL.—The Attorney General may cross-
designate up to 100 law enforcement officers from each of
the agencies specified under section 1502(b)(6) of the Omni-
bus Crime Control and Safe Streets Act of 1968 with juris-
diction to enforce the provisions of the Controlled Sub-
stances Act on non-Federal lands and title 18 of the United
States Code to the extent necessary to effect the purposes
of this Act.
(b) ADEQUATE STAFFING.—The Attorney General
shall, subject to the availability of appropriations, ensure
that each of the task forces established in accordance with
this title are adequately staffed with investigators and that
additional investigators are provided when requested by the
task force.
SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—
The Director of the Federal Law Enforcement Training
Center shall develop a specialized course of instruction de-
voted to training law enforcement officers from rural agen-
cies in the investigation of drug trafficking and related
crimes.
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(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out subsection (a)
$1,000,000 for each of fiscal years 1994, 1995, 1996, 1997,
and 1998.
SEC. 1405. MORE AGENTS FOR THE DRUG ENFORCEMENT
ADMINISTRATION.
There are authorized to be appropriated for the hiring
of additional Drug Enforcement Administration agents
$20,000,000 for each of fiscal years 1994, 1995, 1996, 1997,
and 1998.
Subtitle B—Drug Free Truck Stops
and Safety Rest Areas
SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST
AREAS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Drug Free Truck Stop Act’’.
(b) AMENDMENT
TO
CONTROLLED
SUBSTANCES
ACT.—
(1) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) is amended by in-
serting after section 408 the following new section:
‘‘TRANSPORTATION SAFETY OFFENSES
‘‘SEC. 409. (a) DEFINITIONS.—In this section—
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‘‘ ‘safety rest area’ means a roadside facility with
parking facilities for the rest or other needs of motor-
ists.
‘‘ ‘truck stop’ means a facility (including any
parking lot appurtenant thereto) that—
‘‘(A) has the capacity to provide fuel or
service, or both, to any commercial motor vehicle
(as defined under section 12019 of the Commer-
cial Motor Vehicle Safety Act of 1986 (49 U.S.C.
App. 2716)) operating in commerce (as defined
in that section); and
‘‘(B) is located within 2,500 feet of the Na-
tional System of Interstate and Defense High-
ways or the Federal-Aid Primary System.
‘‘(b) FIRST OFFENSE.—A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or with-
in 1,000 feet of, a truck stop or safety rest area is (except
as provided in subsection (b)) subject to—
‘‘(1) twice the maximum punishment authorized
by section 401(b); and
‘‘(2) twice any term of supervised release author-
ized by section 401(b) for a first offense.
‘‘(c) SUBSEQUENT OFFENSE.—A person who violates
section 401(a)(1) or section 416 by distributing or possess-
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ing with intent to distribute a controlled substance in or
on, or within 1,000 feet of, a truck stop or a safety rest
area after a prior conviction or convictions under sub-
section (a) have become final is subject to—
‘‘(1) 3 times the maximum punishment author-
ized by section 401(b); and
‘‘(2) 3 times any term of supervised release au-
thorized by section 401(b) for a first offense.’’.
(2) TECHNICAL AMENDMENTS.—
(A) CROSS REFERENCE.—Section 401(b) of
the Controlled Substances Act (21 U.S.C. 841(b))
is amended by inserting ‘‘409,’’ before ‘‘418,’’
each place it appears.
(B) TABLE
OF
CONTENTS.—The table of
contents of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 is amended by
striking the item relating to section 409 and in-
serting the following new item:
‘‘Sec. 409. Transportation safety offenses.’’.
(c) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code,
and section 21 of the Sentencing Act of 1987 (28 U.S.C.
994 note), the United States Sentencing Commission shall
promulgate guidelines, or shall amend existing guidelines,
to provide an appropriate enhancement of punishment for
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a defendant convicted of violating section 409 of the Con-
trolled Substances Act, as added by subsection (b).
Subtitle C—Rural Domestic Vio-
lence and Child Abuse Enforce-
ment
SEC. 1421. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE.
(a) GRANTS.—The Attorney General may make grants
to units of State and local governments of rural States, and
to other public or private entities of rural States—
(1) to implement, expand, and establish coopera-
tive efforts and projects between law enforcement offi-
cers, prosecutors, victim advocacy groups, and other
related parties to investigate and prosecute incidents
of domestic violence and child abuse;
(2) to provide treatment and counseling to vic-
tims of domestic violence and child abuse; and
(3) to work in cooperation with the community
to develop education and prevention strategies di-
rected toward such issues.
(b) DEFINITION.—In this section, ‘‘rural State’’ has
the meaning stated in section 1501(b) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS.—
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(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for
each of fiscal years 1995, 1996, and 1997.
(2) ADDITIONAL FUNDING.—In addition to funds
received under a grant under subsection (a), a law
enforcement agency may use funds received under a
grant under section 103 to accomplish the objectives
of this section.
TITLE XV—DRUG CONTROL
Subtitle A—Increased Penalties
SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAF-
FICKING IN PRISONS.
Section 1791 of title 18, United States Code, is amend-
ed—
(1) in subsection (c), by inserting before ‘‘Any’’
the following new sentence: ‘‘Any punishment imposed
under subsection (b) for a violation of this section in-
volving a controlled substance shall be consecutive to
any other sentence imposed by any court for an of-
fense involving such a controlled substance.’’;
(2) in subsection (d)(1)(A), by inserting after ‘‘a
firearm or destructive device’’ the following: ‘‘or a
controlled substance in schedule I or II, other than
marijuana or a controlled substance referred to in
subparagraph (C) of this subsection’’;
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(3) in subsection (d)(1)(B), by inserting before
‘‘ammunition,’’ the following: ‘‘marijuana or a con-
trolled substance in schedule III, other than a con-
trolled substance referred to in subparagraph (C) of
this subsection,’’;
(4) in subsection (d)(1)(C), by inserting ‘‘meth-
amphetamine, its salts, isomers, and salts of its iso-
mers,’’ after ‘‘a narcotic drug,’’;
(5) in subsection (d)(1)(D), by inserting ‘‘(A),
(B), or’’ before ‘‘(C)’’; and
(6) in subsection (b), by striking ‘‘(c)’’ each place
it appears and inserting ‘‘(d)’’.
SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTA-
TION OF SMALL DRUG QUANTITIES.
Section 497(a)(2)(A) of the Tariff Act of 1930 (19
U.S.C. 1497(a)(2)(A)) is amended by adding ‘‘or $500,
whichever is greater’’ after ‘‘value of the article’’.
SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC
HOUSING AUTHORITY FACILITIES.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘playground, or
within’’ and inserting ‘‘playground, or housing facil-
ity owned by a public housing authority, or within’’;
and
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(2) in subsection (b) by striking ‘‘playground, or
within’’ and inserting ‘‘playground, or housing facil-
ity owned by a public housing authority, or within’’.
SEC. 1504. ANABOLIC STEROIDS PENALTIES.
Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by inserting after subsection (a)
the following:
‘‘(b)(1) Whoever, being a physical trainer or adviser
to an individual, endeavors to persuade or induce that indi-
vidual to possess or use anabolic steroids in violation of
subsection (a), shall be fined under title 18, United States
Code, or imprisoned not more than 2 years, or both. If such
individual has not attained the age of 18 years, the maxi-
mum imprisonment shall be 5 years.
‘‘(2) As used in this subsection, the term ‘physical
trainer or adviser’ means any professional or amateur
coach, manager, trainer, instructor, or other such person,
who provides any athletic or physical instruction, training,
advice, assistance, or other such service to any person.’’.
SEC. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN
‘‘DRUG-FREE’’ ZONES.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall amend existing guidelines to provide that a
defendant convicted of violating section 419 of the Con-
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trolled Substances Act (21 U.S.C. 860) shall be assigned an
offense level under chapter 2 of the sentencing guidelines
that is no less than level 20.
SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE
IN FEDERAL PRISONS.
(a) DECLARATION OF POLICY.—It is the policy of the
Federal Government that the use or distribution of illegal
drugs in the Nation’s Federal prisons will not be tolerated
and that such crimes shall be prosecuted to the fullest extent
of the law.
(b) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code,
the United States Sentencing Commission shall amend its
sentencing guidelines to appropriately enhance the penalty
for a person convicted of an offense—
(1) under section 404 of the Controlled Sub-
stances Act involving simple possession of a controlled
substance within a Federal prison or other Federal
detention facility; or
(2) under section 401(b) of the Controlled Sub-
stances Act involving the smuggling of a controlled
substance into a Federal prison or other Federal de-
tention facility or the distribution or intended dis-
tribution of a controlled substance within a Federal
prison or other Federal detention facility.
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(c) NO PROBATION OR SUSPENSION OF SENTENCE.—
Notwithstanding any other law, the court shall not place
on probation or suspend the sentence of a person convicted
of an offense described in subsection (b).
Subtitle B—Precursor Chemicals
Act
SEC. 1511. SHORT TITLE.
This title may be cited as the ‘‘Chemical Control
Amendments Act of 1993’’.
SEC. 1512. DEFINITION AMENDMENTS.
(a) DEFINITIONS.—Section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802) is amended—
(1) in paragraph (33) by striking ‘‘any listed
precursor chemical or listed essential chemical’’ and
inserting ‘‘any list I chemical or any list II chemi-
cal’’;
(2) in paragraph (34)—
(A) by striking ‘‘listed precursor chemical’’
and inserting ‘‘list I chemical’’; and
(B) by striking ‘‘critical to the creation’’
and inserting ‘‘important to the manufacturer’’;
(3) in paragraph (34) (A), (F), and (H), by in-
serting ‘‘, its esters’’ before ‘‘and’’;
(4) in paragraph (35)—
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(A) by striking ‘‘listed essential chemical’’
and inserting ‘‘list II chemical’’;
(B) by inserting ‘‘(other than a list I chemi-
cal)’’ before ‘‘specified’’; and
(C) by striking ‘‘as a solvent, reagent, or
catalyst’’;
(5) in paragraph (38) by inserting ‘‘or who acts
as a broker or trader for an international transaction
involving a listed chemical, a tableting machine, or
an encapsulating machine’’ before the period;
(6) in paragraph (39)(A)—
(A) by striking ‘‘importation or exportation
of’’ and inserting ‘‘importation, or exportation
of, or an international transaction involving
shipment of,’’;
(B) in clause (iii) by inserting ‘‘or any cat-
egory of transaction for a specific listed chemical
or chemicals’’ after ‘‘transaction’’;
(C) by amending clause (iv) to read as fol-
lows:
‘‘(iv) any transaction in a listed chemical
that is contained in a drug that may be mar-
keted or distributed lawfully in the United States
under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.) unless—
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‘‘(I)(aa) the drug contains ephedrine or
its salts, optical isomers, or salts of optical
isomers as the only active medicinal ingre-
dient or contains ephedrine and therapeuti-
cally insignificant quantities of another ac-
tive medicinal ingredient; or
‘‘(bb) the Attorney General has deter-
mined under section 204 that the drug or
group of drugs is being diverted to obtain
the listed chemical for use in the illicit pro-
duction of a controlled substance; and
‘‘(II) the quantity of ephedrine or other
listed chemical contained in the drug in-
cluded in the transaction or multiple trans-
actions equals or exceeds the threshold estab-
lished for that chemical by the Attorney
General.’’; and
(D) in clause (v) by striking the semicolon
and inserting ‘‘which the Attorney General has
by regulation designated as exempt from the ap-
plication of this title and title II based on a
finding that the mixture is formulated in such a
way that it cannot be easily used in the illicit
production of a controlled substance and that the
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listed chemical or chemicals contained in the
mixture cannot be readily recovered;’’;
(7) in paragraph (40) by striking ‘‘listed precur-
sor chemical or a listed essential chemical’’ each place
it appears and inserting ‘‘list I chemical or a list II
chemical’’; and
(8) by adding at the end the following new para-
graphs:
‘‘(43) The term ‘international transaction’ means a
transaction involving the shipment of a listed chemical
across an international border (other than a United States
border) in which a broker or trader located in the United
States participates.
‘‘(44) The terms ‘broker’ and ‘trader’ mean a person
that assists in arranging an international transaction in
a listed chemical by—
‘‘(A) negotiating contracts;
‘‘(B) serving as an agent or intermediary; or
‘‘(C) bringing together a buyer and seller, buyer
and transporter, or a seller and transporter.’’.
(b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.—
(1) PROCEDURE.—Part B of the Controlled Sub-
stances Act (21 U.S.C. 811 et seq.) is amended by
adding at the end the following new section:
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‘‘REMOVAL OF EXEMPTION OF CERTAIN DRUGS
‘‘SEC. 204. (a) REMOVAL OF EXEMPTION.—The Attor-
ney General shall by regulation remove from exemption
under section 102(39)(A)(iv)(II) a drug or group of drugs
that the Attorney General finds is being diverted to obtain
a listed chemical for use in the illicit production of a con-
trolled substance.
‘‘(b) FACTORS TO BE CONSIDERED.—In removing a
drug or group of drugs from exemption under subsection
(a), the Attorney General shall consider, with respect to a
drug or group of drugs that is proposed to be removed from
exemption—
‘‘(1) the scope, duration, and significance of the
diversion;
‘‘(2) whether the drug or group of drugs is for-
mulated in such a way that it cannot be easily used
in the illicit production of a controlled substance; and
‘‘(3) whether the listed chemical can be readily
recovered from the drug or group of drugs.
‘‘(c) SPECIFICITY
OF DESIGNATION.—The Attorney
General shall limit the designation of a drug or a group
of drugs removed from exemption under subsection (a) to
the most particularly identifiable type of drug or group of
drugs for which evidence of diversion exists unless there is
evidence, based on the pattern of diversion and other rel-
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evant factors, that the diversion will not be limited to that
particular drug or group of drugs.
‘‘(d) REINSTATEMENT OF EXEMPTION WITH RESPECT
TO PARTICULAR DRUG PRODUCTS.—
‘‘(1) REINSTATEMENT.—On application by a
manufacturer of a particular drug product that has
been removed from exemption under subsection (a),
the Attorney General shall by regulation reinstate the
exemption with respect to that particular drug prod-
uct if the Attorney General determines that the par-
ticular drug product is manufactured and distributed
in a manner that prevents diversion.
‘‘(2) FACTORS TO BE CONSIDERED.—In deciding
whether to reinstate the exemption with respect to a
particular drug product under paragraph (1), the At-
torney General shall consider—
‘‘(A) the package sizes and manner of pack-
aging of the drug product;
‘‘(B) the manner of distribution and adver-
tising of the drug product;
‘‘(C) evidence of diversion of the drug prod-
uct;
‘‘(D) any actions taken by the manufacturer
to prevent diversion of the drug product; and
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‘‘(E) such other factors as are relevant to
and consistent with the public health and safety,
including the factors described in subsection (b)
as applied to the drug product.
‘‘(3) STATUS PENDING APPLICATION FOR REIN-
STATEMENT.—A transaction involving a particular
drug product that is the subject of a bona fide pend-
ing application for reinstatement of exemption filed
with the Attorney General not later than 60 days
after a regulation removing the exemption is issued
pursuant to subsection (a) shall not be considered to
be a regulated transaction if the transaction occurs
during the pendency of the application and, if the At-
torney General denies the application, during the pe-
riod of 60 days following the date on which the Attor-
ney General denies the application, unless—
‘‘(A) the Attorney General has evidence
that, applying the factors described in subsection
(b) to the drug product, the drug product is
being diverted; and
‘‘(B) the Attorney General so notifies the
applicant.
‘‘(4) AMENDMENT AND MODIFICATION.—A regu-
lation reinstating an exemption under paragraph (1)
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may be modified or revoked with respect to a particu-
lar drug product upon a finding that—
‘‘(A) applying the factors described in sub-
section (b) to the drug product, the drug product
is being diverted; or
‘‘(B) there is a significant change in the
data that led to the issuance of the regulation.’’.
(2) TECHNICAL AMENDMENT.—The table of con-
tents of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (84 Stat. 1236) is amended
by adding at the end of the section relating to part
B of title II the following new item:
‘‘Sec. 204. Removal of exemption of certain drugs.’’.
(c) REGULATION
OF LISTED CHEMICALS.—Section
310 of the Controlled Substances Act (21 U.S.C. 830) is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘precursor chemical’’ and
inserting ‘‘list I chemical’’; and
(B) in subparagraph (B) by striking ‘‘an
essential chemical’’ and inserting ‘‘a list II
chemical’’; and
(2) in subsection (c)(2)(D) by striking ‘‘precur-
sor chemical’’ and inserting ‘‘chemical control’’.
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SEC. 1513. REGISTRATION REQUIREMENTS.
(a) RULES AND REGULATIONS.—Section 301 of the
Controlled Substances Act (21 U.S.C. 821) is amended by
striking the period and inserting ‘‘and to the registration
and control of regulated persons and of regulated trans-
actions.’’.
(b) PERSONS REQUIRED TO REGISTER UNDER SEC-
TION 302.—Section 302 of the Controlled Substances Act
(21 U.S.C. 822) is amended—
(1) in subsection (a)(1) by inserting ‘‘or list I
chemical’’ after ‘‘controlled substance’’ each place it
appears;
(2) in subsection (b)—
(A) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’; and
(B) by inserting ‘‘or chemicals’’ after ‘‘such
substances’’;
(3) in subsection (c) by inserting ‘‘or list I chem-
ical’’ after ‘‘controlled substance’’ each place it ap-
pears; and
(4) in subsection (e) by inserting ‘‘or list I
chemicals’’ after ‘‘controlled substances’’.
(c) REGISTRATION REQUIREMENTS UNDER SECTION
303.—Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following
new subsection:
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‘‘(h) The Attorney General shall register an applicant
to distribute a list I chemical unless the Attorney General
determines that registration of the applicant is inconsistent
with the public interest. Registration under this subsection
shall not be required for the distribution of a drug product
that is exempted under section 102(39)(A)(iv). In determin-
ing the public interest for the purposes of this subsection,
the Attorney General shall consider—
‘‘(1) maintenance by the applicant of effective
controls against diversion of listed chemicals into
other than legitimate channels;
‘‘(2) compliance by the applicant with applicable
Federal, State and local law;
‘‘(3) any prior conviction record of the applicant
under Federal or State laws relating to controlled
substances or to chemicals controlled under Federal or
State law;
‘‘(4) any past experience of the applicant in the
manufacture and distribution of chemicals; and
‘‘(5) such other factors as are relevant to and
consistent with the public health and safety.’’.
(d) DENIAL, REVOCATION, OR SUSPENSION OF REG-
ISTRATION.—Section 304 of the Controlled Substances Act
(21 U.S.C. 824) is amended—
(1) in subsection (a)—
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(A) by inserting ‘‘or a list I chemical’’ after
‘‘controlled substance’’ each place it appears; and
(B) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’;
(2) in subsection (b) by inserting ‘‘or list I chem-
ical’’ after ‘‘controlled substance’’;
(3) in subsection (f) by inserting ‘‘or list I
chemicals’’ after ‘‘controlled substances’’ each place it
appears; and
(4) in subsection (g)—
(A) by inserting ‘‘or list I chemicals’’ after
‘‘controlled substances’’ each place it appears;
and
(B) by inserting ‘‘or list I chemical’’ after
‘‘controlled substance’’ each place it appears.
(e) PERSONS REQUIRED TO REGISTER UNDER SEC-
TION 1007.—Section 1007 of the Controlled Substances Im-
port and Export Act (21 U.S.C. 957) is amended—
(1) in subsection (a)—
(A) in paragraph (1) by inserting ‘‘or list
I chemical’’ after ‘‘controlled substance’’; and
(B) in paragraph (2) by striking ‘‘in sched-
ule I, II, III, IV, or V,’’ and inserting ‘‘or list
I chemical,’’; and
(2) in subsection (b)—
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(A) in paragraph (1) by inserting ‘‘or list
I chemical’’ after ‘‘controlled substance’’ each
place it appears; and
(B) in paragraph (2) by inserting ‘‘or list
I chemicals’’ after ‘‘controlled substances’’.
(f) REGISTRATION REQUIREMENTS UNDER SECTION
1008.—Section 1008 of the Controlled Substances Import
and Export Act (21 U.S.C. 958) is amended—
(1) in subsection (c)—
(A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2)(A) The Attorney General shall register an appli-
cant to import or export a list I chemical unless the Attor-
ney General determines that registration of the applicant
is inconsistent with the public interest. Registration under
this subsection shall not be required for the import or export
of a drug product that is exempted under section
102(39)(A)(iv).
‘‘(B) In determining the public interest for the pur-
poses of subparagraph (A), the Attorney General shall con-
sider the factors specified in section 303(h).’’;
(2) in subsection (d)—
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(A) in paragraph (3) by inserting ‘‘or list
I chemical or chemicals,’’ after ‘‘substances,’’;
and
(B) in paragraph (6) by inserting ‘‘or list
I chemicals’’ after ‘‘controlled substances’’ each
place it appears;
(3) in subsection (e) by striking ‘‘and 307’’ and
inserting ‘‘307, and 310’’; and
(4) in subsections (f), (g), and (h) by inserting
‘‘or list I chemicals’’ after ‘‘controlled substances’’
each place it appears.
(g) PROHIBITED ACTS C.—Section 403(a) of the Con-
trolled Substances Act (21 U.S.C. 843(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; or’’; and
(3) by adding at the end the following new para-
graph:
‘‘(9) if the person is a regulated person, to dis-
tribute, import, or export a list I chemical without
the registration required by this Act.’’.
SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFAC-
TURING.
Section 310(b) of the Controlled Substances Act (21
U.S.C. 830(b)) is amended—
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(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1), (2), (3),
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively;
(3) by striking ‘‘paragraph (1)’’ each place it
appears and inserting ‘‘subparagraph (A)’’;
(4) by striking ‘‘paragraph (2)’’ and inserting
‘‘subparagraph (B)’’;
(5) by striking ‘‘paragraph (3)’’ and inserting
‘‘subparagraph (C)’’; and
(6) by adding at the end the following new para-
graph:
‘‘(2) A regulated person that manufactures a list-
ed chemical shall report annually to the Attorney
General, in such form and manner and containing
such specific data as the Attorney General shall pre-
scribe by regulation, information concerning listed
chemicals manufactured by the person. The require-
ment of the preceding sentence shall not apply to the
manufacture of a drug product that is exempted
under section 102(39)(A)(iv).’’.
SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL
PENALTIES.
(a) NOTIFICATION, SUSPENSION OF SHIPMENT, AND
PENALTIES WITH RESPECT TO IMPORTATION AND EXPOR-
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TATION OF LISTED CHEMICALS.—Section 1018 of the Con-
trolled Substances Import and Export Act (21 U.S.C. 971)
is amended by adding at the end the following new sub-
section:
‘‘(d) A person located in the United States who is a
broker or trader for an international transaction in a listed
chemical that is a regulated transaction solely because of
that person’s involvement as a broker or trader shall, with
respect to that transaction, be subject to all of the notifica-
tion, reporting, recordkeeping, and other requirements
placed upon exporters of listed chemicals by this title and
title II.’’.
(b) PROHIBITED ACTS A.—Section 1010(d) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
960(d)) is amended to read as follows:
‘‘(d) A person who knowingly or intentionally—
‘‘(1) imports or exports a listed chemical with
intent to manufacture a controlled substance in viola-
tion of this title or title II;
‘‘(2) exports a listed chemical in violation of the
laws of the country to which the chemical is exported
or serves as a broker or trader for an international
transaction involving a listed chemical, if the trans-
action is in violation of the laws of the country to
which the chemical is exported;
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‘‘(3) imports or exports a listed chemical know-
ing, or having reasonable cause to believe, that the
chemical will be used to manufacture a controlled
substance in violation of this title or title II; or
‘‘(4) exports a listed chemical, or serves as a
broker or trader for an international transaction in-
volving a listed chemical, knowing, or having reason-
able cause to believe, that the chemical will be used
to manufacture a controlled substance in violation of
the laws of the country to which the chemical is ex-
ported,
shall be fined in accordance with title 18, imprisoned not
more than 10 years, or both.’’.
SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PEN-
ALTIES.
(a) NOTIFICATION REQUIREMENT.—Section 1018 of
the Controlled Substances Import and Export Act (21
U.S.C. 971), as amended by section 5(a), is amended by
adding at the end the following new subsection:
‘‘(e)(1) The Attorney General may by regulation re-
quire that the 15-day notification requirement of subsection
(a) apply to all exports of a listed chemical to a specified
country, regardless of the status of certain customers in such
country as regular customers, if the Attorney General finds
that such notification is necessary to support effective chem-
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ical diversion control programs or is required by treaty or
other international agreement to which the United States
is a party.
‘‘(2) The Attorney General may by regulation waive
the 15-day notification requirement for exports of a listed
chemical to a specified country if the Attorney General de-
termines that such notification is not required for effective
chemical diversion control. If the notification requirement
is waived, exporters of the listed chemical shall be required
to submit to the Attorney General reports of individual ex-
portations or periodic reports of such exportation of the list-
ed chemical, at such time or times and containing such in-
formation as the Attorney General shall establish by regula-
tion.
‘‘(3) The Attorney General may by regulation waive
the 15-day notification requirement for the importation of
a listed chemical if the Attorney General determines that
such notification is not necessary for effective chemical di-
version control. If the notification requirement is waived,
importers of the listed chemical shall be required to submit
to the Attorney General reports of individual importations
or periodic reports of the importation of the listed chemical,
at such time or times and containing such information as
the Attorney General shall establish by regulation.’’.
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(b) PROHIBITED ACTS A.—Section 1010(d) of the Con-
trolled Substances Import and Export Act (21 U.S.C.
960(d)), as amended by section 5(b), is amended—
(1) by striking ‘‘or’’ at the end of paragraph (3);
(2) by striking the comma at the end of para-
graph (4) and inserting a semicolon; and
(3) by adding at the end the following new para-
graphs:
‘‘(5) imports or exports a listed chemical, with
the intent to evade the reporting or recordkeeping re-
quirements of section 1018 applicable to such impor-
tation or exportation by falsely representing to the
Attorney General that the importation or exportation
qualifies for a waiver of the 15-day notification re-
quirement granted pursuant to section 1018(e) (2) or
(3) by misrepresenting the actual country of final des-
tination of the listed chemical or the actual listed
chemical being imported or exported; or
‘‘(6) imports or exports a listed chemical in vio-
lation of section 1007 or 1018,’’.
SEC. 1517. AMENDMENTS TO LIST I.
Section 102(34) of the Controlled Substances Act (21
U.S.C. 802(34)) is amended—
(1) by striking subparagraphs (O), (U), and
(W);
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(2) by redesignating subparagraphs (P) through
(T) as (O) through (S), subparagraph (V) as (T), and
subparagraphs (X) and (Y) as (U) and (X), respec-
tively;
(3) in subparagraph (X), as redesignated by
paragraph (2), by striking ‘‘(X)’’ and inserting
‘‘(U)’’; and
(4) by inserting after subparagraph (U), as re-
designated by paragraph (2), the following new sub-
paragraphs:
‘‘(V) benzaldehyde.
‘‘(W) nitroethane.’’.
SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS
AND CREATION OF REGULAR IMPORTER STA-
TUS.
(a) DEFINITION.—Section 102(37) of the Controlled
Substances Act (21 U.S.C. 802(37)) is amended to read as
follows:
‘‘(37) The term ‘regular importer’ means, with respect
to a listed chemical, a person that has an established record
as an importer of that listed chemical that is reported to
the Attorney General.’’.
(b) NOTIFICATION.—Section 1018 of the Controlled
Substances Act (21 U.S.C. 971) is amended—
(1) in subsection (b)—
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(A) in paragraph (1) by striking ‘‘regular
supplier of the regulated person’’ and inserting
‘‘to an importation by a regular importer’’; and
(B) in paragraph (2)—
(i) by striking ‘‘a customer or supplier
of a regulated person’’ and inserting ‘‘a cus-
tomer of a regulated person or to an im-
porter’’; and
(ii) by striking ‘‘regular supplier’’ and
inserting ‘‘the importer as a regular im-
porter’’; and
(2) in subsection (c)(1) by striking ‘‘regular sup-
plier’’ and inserting ‘‘regular importer’’.
SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHOR-
ITY.
Section 510 of the Controlled Substances Act (21
U.S.C. 880) is amended—
(1) by amending subsection (a)(2) to read as fol-
lows:
‘‘(2) places, including factories, warehouses, and
other establishments, and conveyances, where persons
registered under section 303 (or exempt from registra-
tion under section 302(d) or by regulation of the At-
torney General) or regulated persons may lawfully
hold, manufacture, distribute, dispense, administer, or
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otherwise dispose of controlled substances or listed
chemicals or where records relating to those activities
are maintained.’’; and
(2) in subsection (b)(3)—
(A) in subparagraph (B) by inserting ‘‘,
listed chemicals,’’ after ‘‘unfinished drugs’’; and
(B) in subparagraph (C) by inserting ‘‘or
listed chemical’’ after ‘‘controlled substance’’ and
inserting ‘‘or chemical’’ after ‘‘such substance’’.
SEC. 1520. THRESHOLD AMOUNTS.
Section 102(39)(A) of the Controlled Substances Act
(21 U.S.C. 802(39)(A)), as amended by section 2, is amend-
ed by inserting ‘‘of a listed chemical, or if the Attorney Gen-
eral establishes a threshold amount for a specific listed
chemical,’’ before ‘‘a threshold amount, including a cumu-
lative threshold amount for multiple transactions’’.
SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.
(a) IN GENERAL.—Part C of the Controlled Substances
Act (21 U.S.C. 821 et seq.) is amended by adding at the
end the following new section:
‘‘MANAGEMENT OF LISTED CHEMICALS
‘‘SEC. 311. (a) OFFENSE.—It is unlawful for a person
who possesses a listed chemical with the intent that it be
used in the illegal manufacture of a controlled substance
to manage the listed chemical or waste from the manufac-
ture of a controlled substance otherwise than as required
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by regulations issued under sections 3001, 3002, 3003,
3004, and 3005 of the Solid Waste Disposal Act (42 U.S.C.
6921, 6922, 6923, 6924, and 6925).
‘‘(b) ENHANCED PENALTY.—(1) In addition to a pen-
alty that may be imposed for the illegal manufacture, pos-
session, or distribution of a listed chemical or toxic residue
of a clandestine laboratory, a person who violates subsection
(a) shall be assessed the costs described in paragraph (2)
and shall be imprisoned as described in paragraph (3).
‘‘(2) Pursuant to paragraph (1) a defendant shall be
assessed the following costs to the United States, a State,
or another authority or person that undertakes to correct
the results of the improper management of a listed chemical:
‘‘(A) The cost of initial cleanup and disposal of
the listed chemical and contaminated property.
‘‘(B) The cost of restoring property that is dam-
aged by exposure to a listed chemical for rehabilita-
tion under Federal, State, and local standards.
‘‘(3)(A) A violation of subsection (a) shall be punished
as a class D felony, or in the case of a willful violation,
as a class C felony.
‘‘(B) Pursuant to its authority under section 944 of
title 28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to pro-
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vide for an appropriate enhancement of punishment for a
willful violation of subsection (a).
‘‘(4) A court may order that all or a portion of the
earnings from work performed by a defendant in prison be
withheld for payment of costs assessed under paragraph (2).
‘‘(c) USE OF FORFEITED ASSETS.—The Attorney Gen-
eral may direct that assets forfeited under section 511 in
connection with a prosecution under this section be shared
with State agencies that participated in the seizure or
cleaning up of a contaminated site.’’.
(b) EXCEPTION TO DISCHARGE IN BANKRUPTCY.—Sec-
tion 523(a) of title 11, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting ‘‘; or’’; and
(3) by adding at the end the following new para-
graph:
‘‘(13) for costs assessed under section 311(b) of
the Controlled Substances Act.’’.
SEC. 1522. FORFEITURE EXPANSION.
Section 511(a) of the Controlled Substances Act (21
U.S.C. 881(a)) is amended—
(1) in paragraph (6) by inserting ‘‘or listed
chemical’’ after ‘‘controlled substance’’; and
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(2) in paragraph (9) by striking ‘‘a felony provi-
sion of’’.
SEC. 1523. REGULATIONS AND EFFECTIVE DATE.
(a) REGULATIONS.—The Attorney General shall, not
later than 90 days after the date of enactment of this Act,
issue regulations necessary to carry out this title.
(b) EFFECTIVE DATE.—This title and the amendments
made by this title shall become effective on the date that
is 120 days after the date of enactment of this Act.
Subtitle C—General Provisions
SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DAN-
GEROUS DRUGS UNDER RICO.
Section 1961(1) of title 18, United States Code, is
amended by striking ‘‘narcotic or other dangerous drugs’’
each place it appears and inserting ‘‘a controlled substance
or listed chemical, as defined in section 102 of the Con-
trolled Substances Act’’.
SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST
PENALTY PROVISIONS OF THE CONTROLLED
SUBSTANCES ACT AND THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Con-
trolled Substances Act (21 U.S.C. 841(b)(1) (B), (C), and
(D)) and sections 1010(b) (1), (2), and (3) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b) (1),
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(2), and (3)) are each amended in the sentence or sentences
beginning ‘‘If any person commits’’ by striking ‘‘one or
more prior convictions’’ through ‘‘have become final’’ and
inserting ‘‘a prior conviction for a felony drug offense has
become final’’.
(b) Section 1012(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 962(b)) is amended by
striking ‘‘one or more prior convictions of him for a felony
under any provision of this title or title II or other law
of a State, the United States, or a foreign country relating
to narcotic drugs, marihuana, or depressant or stimulant
drugs, have become final’’ and inserting ‘‘one or more prior
convictions of such person for a felony for a felony drug
offense have become final’’.
(c) Section 401(b)(1)(A) of the Controlled Substances
Act (21 U.S.C. 841(b)(1)(A)) is amended by striking the
sentence beginning ‘‘For purposes of this subparagraph, the
term ‘felony drug offense’ means’’.
(d) Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by adding at the end the following
new paragraph:
‘‘(43) The term ‘felony drug offense’ means an offense
that is punishable by imprisonment for more than one year
under any law of the United States or of a State or foreign
country that prohibits or restricts conduct relating to nar-
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cotic drugs, marihuana, or depressant or stimulant sub-
stances.’’.
SEC. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF
THE PROVISION OF PUBLIC LAW 101–516 THAT
CONDITIONS PORTIONS OF A STATE’S FED-
ERAL HIGHWAY FUNDING ON THE STATE’S
ENACTMENT OF LEGISLATION REQUIRING
THE 
REVOCATION 
OF 
THE 
DRIVER’S 
LI-
CENSES OF CONVICTED DRUG ABUSERS.
The Attorney General, in consultation with the Sec-
retary of Transportation, shall implement a program of na-
tional awareness of section 333 of Public Law 101–516. The
program shall notify the Governors and State Representa-
tives of the requirements of that section.
SEC. 1534. ADVERTISING.
Section 403 of the Controlled Substances Act (21
U.S.C. 843) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(2) by inserting after subsection (b) the following
new subsection:
‘‘(c) It shall be unlawful for any person to print, pub-
lish, place, or otherwise cause to appear in any newspaper,
magazine, handbill, or other publications, any written ad-
vertisement knowing that it has the purpose of seeking or
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offering illegally to receive, buy, or distribute a Schedule
I controlled substance. As used in this section the term ‘ad-
vertisement’ includes, in addition to its ordinary meaning,
such advertisements as those for a catalog of Schedule I con-
trolled substances and any similar written advertisement
that has the purpose of seeking or offering illegally to re-
ceive, buy, or distribute a Schedule I controlled substance.
The term ‘advertisement’ does not include material which
merely advocates the use of a similar material, which advo-
cates a position or practice, and does not attempt to propose
or facilitate an actual transaction in a Schedule I con-
trolled substance.’’.
SEC. 1535. NATIONAL DRUG CONTROL STRATEGY.
(a) IN GENERAL.—Section 1005(a) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1504(a)) is
amended by adding at the end the following new paragraph:
‘‘(5) Beginning with the first submission of a National
Drug Control Strategy to Congress after the date of the en-
actment of the Violent Crime Control and Law Enforcement
Act of 1993, the goals, objectives, and priorities of such
Strategy shall include a goal for expanding the availability
of treatment for drug addiction.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that among the long-term goals of the National Drug Con-
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trol Strategy should be the availability of drug treatment
to all who are in need of such treatment.
SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFI-
CERS OF DISCOVERIES OF CONTROLLED SUB-
STANCES OR LARGE SUMS OF CASH IN EX-
CESS OF $10,000 IN WEAPON SCREENING.
Section 315 of the Federal Aviation Act of 1958 (49
U.S.C. App. 1356) is amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection:
‘‘(c) DISCOVERIES OF CONTROLLED SUBSTANCES OR
CASH IN EXCESS OF $10,000.—Not later than 90 days after
the date of the enactment of this section, the Administrator
shall issue regulations requiring employees and agents re-
ferred to in subsection (a) to report to appropriate Federal
and State law enforcement officers any incident in which
the employee or agent, in the course of conducting screening
procedures pursuant to subsection (a), discovers a controlled
substance the possession of which may be a violation of Fed-
eral or State law, or any sizable sums of cash in excess
of $10,000 the possession of which may be a violation of
Federal or State law.’’.
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SEC. 1537. DRUG PARAPHERNALIA AMENDMENT.
Section 422 of the Controlled Substances Act (21
U.S.C. 863) is amended by adding at the end the following
new subsection:
‘‘(g) CIVIL ENFORCEMENT.—The Attorney General
may bring a civil action against any person who violates
this section. The action may be brought in any district
court of the United States or the United States courts of
any territory in which the violation is taking or has taken
place. In an action under this section, the court shall deter-
mine the occurrence of a violation by a preponderance of
the evidence, and shall have the power to assess a civil pen-
alty of up to $250,000, and to grant such other relief, in-
cluding an injunction, as may be appropriate. Such rem-
edies shall be in addition to any other remedy available
under other law.’’.
TITLE XVI—DRUNK DRIVING
PROVISIONS
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Drunk Driving Child
Protection Act of 1993’’.
SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JU-
RISDICTION.
Section 13(b) of title 18, United States Code, is amend-
ed—
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(1) by striking ‘‘For purposes’’ and inserting
‘‘(1) Subject to paragraph (2) and for purposes’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2)(A) In addition to any term of imprisonment pro-
vided for operating a motor vehicle under the influence of
a drug or alcohol imposed under the law of a State, terri-
tory, possession, or district, the punishment for such an of-
fense under this section shall include an additional term
of imprisonment of not more than 1 year, or if serious bod-
ily injury of a minor is caused, 5 years, or if death of a
minor is caused, 10 years, and an additional fine of not
more than $1,000, or both, if—
‘‘(i) a minor (other than the offender) was
present in the motor vehicle when the offense was
committed; and
‘‘(ii) the law of the State, territory, possession,
or district in which the offense occurred does not pro-
vide an additional term of imprisonment under the
circumstances described in clause (i).
‘‘(B) For the purposes of subparagraph (A), the term
‘minor’ means a person less than 18 years of age.’’.
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SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUS-
TODY AND VISITATION RIGHTS.
It is the sense of the Congress that in determining child
custody and visitation rights, the courts should take into
consideration the history of drunk driving that any person
involved in the determination may have.
TITLE XVII—COMMISSIONS
Subtitle A—Commission on Crime
and Violence
SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME
AND VIOLENCE.
There is established a commission to be known as the
‘‘National Commission on Crime and Violence in America’’.
The Commission shall be composed of 25 members, ap-
pointed as follows:
(1) 7 persons by the President, 4 of whom shall
be members of one major political party and 3 of
whom shall be members of another major political
party;
(2) 9 persons by the Speaker of the House of
Representatives, 4 of whom shall be appointed on the
recommendation of the minority leader; and
(3) 9 persons by the President pro tempore of the
Senate, 5 of whom shall be appointed on the rec-
ommendation of the majority leader of the Senate and
the chairman of the Committee on the Judiciary of
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the Senate and 4 of whom shall be appointed on the
recommendation of the minority leader of the Senate
and the ranking minority member of the Committee
on the Judiciary of the Senate.
SEC. 1702. PURPOSE.
The purposes of the Commission are as follows:
(1) To develop a comprehensive and effective
crime control plan which will serve as a ‘‘blueprint’’
for action in the 1990’s. The report shall include an
estimated cost for implementing any recommenda-
tions made by the Commission.
(2) To bring attention to successful models and
programs in crime prevention and crime control.
(3) To reach out beyond the traditional criminal
justice community for ideas when developing the com-
prehensive crime control plan.
(4) To recommend improvements in the coordi-
nation of local, State, Federal, and international bor-
der crime control efforts.
(5) To make a comprehensive study of the eco-
nomic and social factors leading to or contributing to
crime and specific proposals for legislative and ad-
ministrative actions to reduce crime and the elements
that contribute to it.
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(6) To recommend means of targeting finite cor-
rectional facility space and resources to the most seri-
ous and violent offenders, with the goal of achieving
the most cost-effective possible crime control and pro-
tection of the community and public safety, with par-
ticular emphasis on examining the issue of possible
disproportionate incarceration rates among black
males and any other minority group disproportion-
ately represented in State and Federal correctional
populations, and to consider increased use of alter-
natives to incarceration which offer a reasonable pros-
pect of equal or better crime control at equal or less
cost.
SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.
The commission shall be responsible for the following:
(1) Reviewing the effectiveness of traditional
criminal justice approaches in preventing and con-
trolling crime and violence.
(2) Examining the impact that changes to state
and Federal law have had in controlling crime and
violence.
(3) Examining the impact of changes in Federal
immigration laws and policies and increased develop-
ment and growth along United States international
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borders on crime and violence in the United States,
particularly among our Nation’s youth.
(4) Examining the problem of youth gangs and
provide recommendations as to how to reduce youth
involvement in violent crime.
(5) Examining the extent to which assault weap-
ons and high power firearms have contributed to vio-
lence and murder in America.
(6) Convening field hearings in various regions
of the country to receive testimony from a cross sec-
tion of criminal justice professionals, business leaders,
elected officials, medical doctors, and other citizens
that wish to participate.
(7) Reviewing all segments of our criminal jus-
tice system, including the law enforcement, prosecu-
tion, defense, judicial, corrections components in de-
veloping the crime control plan.
Subtitle B—National Commission
to Study the Causes of the De-
mand for Drugs in the United
States
SEC. 1711. SHORT TITLE.
This subtitle may be cited as the ‘‘National Commis-
sion to Study the Causes of the Demand for Drugs in the
United States’’.
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SEC. 1712. ESTABLISHMENT.
There is established a National Commission to Study
the Causes of the Demand for Drugs in the United States
(referred to in this subtitle as the ‘‘Commission’’).
SEC. 1713. DUTIES.
(a) IN GENERAL.—The Commission shall—
(1) examine the root causes of illicit drug use
and abuse in the United States, including by compil-
ing existing research regarding those root causes;
(2) evaluate the efforts being made to prevent
drug abuse;
(3) identify the existing gaps in drug abuse pol-
icy that result from the lack of attention to the root
causes of drug abuse;
(4) assess the needs of Government at all levels
for resources and policies for reducing the overall de-
sire of individuals to experiment with and abuse il-
licit drugs; and
(5) make recommendations regarding necessary
improvements in policies for reducing the use of illicit
drugs in the United States.
(b) EXAMINATION.—Matters examined by the Commis-
sion under this section shall include the following:
(1) CHARACTERISTICS.—The characteristics of
potential illicit drug users and abusers or drug traf-
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fickers, including age and social, economic, and edu-
cational backgrounds.
(2) ENVIRONMENT.—Environmental factors that
contribute to illicit drug use and abuse, including the
correlation between unemployment, poverty, and
homelessness on drug experimentation and abuse.
(3) 
ASSOCIATIONS
AND
SOCIAL
RELATION-
SHIPS.—The effects of substance use and abuse by a
relative or friend in contributing to the likelihood and
desire of an individual to experiment with illicit
drugs.
(4) CULTURE.—Aspects of, and changes in, phil-
osophical or religious beliefs, cultural values, attitudes
toward authority, status of basic social units (such as
families), and traditions that contribute to illicit
drug use and abuse.
(5) PHYSIOLOGICAL
AND
PSYCHOLOGICAL
FAC-
TORS.—The physiological and psychological factors
that contribute to the desire for illicit drugs.
(6) EFFORTS
OF
GOVERNMENTS.—The current
status of Federal, State, and local efforts regarding
the causes of illicit drug use and abuse, including a
review of drug strategies being promoted by Federal,
State, and local authorities to address the causes of
illicit drug use and abuse.
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SEC. 1714. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Commission shall consist
of 15 members, as follows:
(A) PRESIDENT.—Four individuals ap-
pointed by the President, 2 of whom shall be
members of one major political party and 2 of
whom shall be members of another major politi-
cal party.
(B) SENATE.—Five individuals, 3 of whom
shall be appointed by the majority leader of the
Senate, after consultation with the chairman of
the Committee on the Judiciary of the Senate,
and 2 of whom shall be appointed by the minor-
ity leader of the Senate, after consultation with
the ranking minority member of the Committee
on the Judiciary of the Senate. At least 1 mem-
ber appointed under this paragraph shall be a
recovering drug user.
(C) HOUSE
OF
REPRESENTATIVES.—Five
individuals, 3 of whom shall be appointed jointly
by the Speaker and majority leader of the House
of Representatives and 2 of whom shall be ap-
pointed by the minority leader of the House of
Representatives. At least 1 member appointed
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under this paragraph shall be a recovering drug
abuser.
(D) MINORITY
CONGRESSIONAL
LEADER-
SHIP.—One individual appointed jointly by the
minority leader of the Senate and the minority
leader of the House of Representatives.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing individuals as members of the Commission,
the President and the majority and minority leaders
of the House of Representatives and the Senate shall
seek to ensure that—
(A) the membership of the Commission re-
flects the racial, ethnic, and gender diversity of
the United States; and
(B) members are specially qualified to serve
on the Commission by reason of their education,
training, expertise, or experience in—
(i) sociology;
(ii) psychology;
(iii) law;
(iv) bio-medicine;
(v) addiction; and
(vi) ethnography and urban poverty,
including health care, housing, education,
and employment.
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(b) PROHIBITION AGAINST OFFICER OR EMPLOYEE.—
Each individual appointed under subsection (a) shall not
be an officer or employee of any government and shall be
qualified to serve the Commission by virtue of education,
training, or experience.
(c) DEADLINE FOR APPOINTMENT.—Members of the
Commission shall be appointed within 60 days after the
date of the enactment of this Act for the life of the Commis-
sion.
(d) MEETINGS.—The Commission shall have its head-
quarters in the District of Columbia, and shall meet at least
once each month for a business session that shall be con-
ducted by the Chairperson.
(e) QUORUM.—Seven members of the Commission shall
constitute a quorum, but a lesser number may hold hear-
ings.
(f) CHAIRPERSON AND VICE CHAIRPERSON.—No later
than 15 days after the members of the Commission are ap-
pointed, such members shall designate a Chairperson and
Vice Chairperson of the Commission.
(g) CONTINUATION OF MEMBERSHIP.—If a member of
the Commission later becomes an officer or employee of any
government, the individual may continue as a member
until a successor is appointed.
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(h) VACANCIES.—A vacancy in the Commission shall
be filled not later than 30 days after the Commission is
informed of the vacancy in the manner in which the origi-
nal appointment was made.
(i) COMPENSATION.—
(1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem-
bers of the Commission shall receive no additional
pay, allowances, or benefits by reason of their service
on the Commission.
(2) TRAVEL
EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
SEC. 1715. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Chairperson shall appoint a di-
rector after consultation with the members of the Commis-
sion, who shall be paid the rate of basic pay for level V
of the Executive Schedule.
(b) STAFF.—With the approval of the Commission, the
director may appoint personnel as the director considers
appropriate.
(c) APPLICABILITY
OF CIVIL SERVICE LAWS.—The
staff of the Commission shall be appointed without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
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without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates.
(d) EXPERTS AND CONSULTANTS.—With the approval
of the Commission, the director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of that
agency to the Commission to assist in carrying out its du-
ties under this Act.
(f) OTHER RESOURCES.—The Commission shall have
reasonable access to materials, resources, statistical data,
and other information from the Library of Congress, as well
as agencies and elected representatives of the executive and
legislative branches of government. The Chairperson of the
Commission shall make requests in writing where nec-
essary.
(g) PHYSICAL FACILITIES.—The General Services Ad-
ministration shall find suitable office space for the oper-
ation of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all nec-
essary equipment and incidentals required for proper
functioning.
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SEC. 1716. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may conduct public
hearings or forums at its discretion, at any time and place
it is able to secure facilities and witnesses, for the purpose
of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Commis-
sion, take any action the Commission is authorized to take
by this section.
(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this Act. Upon request of the Chair-
person or Vice Chairperson of the Commission, the head of
a Federal agency shall furnish the information to the Com-
mission to the extent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or de-
vices of services or property, both real and personal, for the
purpose of aiding or facilitating the work of the Commis-
sion. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devices
shall be deposited in the Treasury and shall be available
for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other Federal agencies.
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SEC. 1717. REPORTS.
(a) MONTHLY REPORTS.—The Commission shall sub-
mit monthly activity reports to the President and the Con-
gress.
(b) REPORTS.—
(1) INTERIM
REPORT.—The Commission shall
submit an interim report to the President and the
Congress not later than 1 year before the termination
of the Commission. The interim report shall contain
a detailed statement of the findings and conclusions
of the Commission, together with its recommendations
for legislative and administrative action based on the
Commission’s activities to date. A strategy for dis-
seminating the report to Federal, State, and local au-
thorities shall be formulated and submitted with the
formal presentation of the report to the President and
the Congress.
(2) FINAL REPORT.—Not later than the date of
the termination of the Commission, the Commission
shall submit to the Congress and the President a final
report with a detailed statement of final findings,
conclusions, and recommendations, including an as-
sessment of the extent to which recommendations of
the Commission included in the interim report under
paragraph (1) have been implemented.
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(c) PRINTING AND PUBLIC DISTRIBUTION.—Upon re-
ceipt of each report of the Commission under this section,
the President shall—
(1) order the report to be printed; and
(2) make the report available to the public upon
request.
SEC. 1718. TERMINATION.
The Commission shall terminate on the date which is
2 years after the Members of the Commission have met and
designated a Chairperson and Vice Chairperson.
Subtitle C—National Commission
to Support Law Enforcement
SEC. 1721. SHORT TITLE.
This subtitle may be cited as the ‘‘National Commis-
sion to Support Law Enforcement Act’’.
SEC. 1722. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) law enforcement officers risk their lives daily
to protect citizens, for modest rewards and too little
recognition;
(2) a significant shift has occurred in the prob-
lems that law enforcement officers face without a cor-
responding change in the support from the Federal
Government;
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(3) law enforcement officers are on the front line
in the war against drugs and crime;
(4) the rate of violent crime continues to increase
along with the increase in drug use;
(5) a large percentage of individuals arrested test
positive for drug usage;
(6) the Presidential Commission on Law En-
forcement and the Administration of Justice of 1965
focused attention on many issues affecting law en-
forcement, and a review twenty-five years later would
help to evaluate current problems, including drug-re-
lated crime, violence, racial conflict, and decreased
funding; and
(7) a comprehensive study of law enforcement is-
sues, including the role of the Federal Government in
supporting law enforcement officers, working condi-
tions, and responsibility for crime control would as-
sist in redefining the relationships between the Fed-
eral Government, the public, and law enforcement of-
ficials.
SEC. 1723. ESTABLISHMENT.
There is established a national commission to be
known as the ‘‘National Commission to Support Law En-
forcement’’ (referred to in this subtitle as the ‘‘Commis-
sion’’).
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SEC. 1724. DUTIES.
(a) IN GENERAL. —The Commission shall study and
recommend changes regarding law enforcement agencies
and law enforcement issues on the Federal, State, and local
levels, including the following:
(1) FUNDING.—The sufficiency of funding, in-
cluding a review of grant programs at the Federal
level.
(2) EMPLOYMENT.—The conditions of law en-
forcement employment.
(3) INFORMATION.—The effectiveness of informa-
tion-sharing systems, intelligence, infrastructure, and
procedures among law enforcement agencies of Fed-
eral, State, and local governments.
(4) RESEARCH
AND
TRAINING.—The status of
law enforcement research and education and training.
(5) EQUIPMENT
AND
RESOURCES.—The ade-
quacy of equipment, physical resources, and human
resources.
(6) COOPERATION.—The cooperation among Fed-
eral, State, and local law enforcement agencies.
(7) RESPONSIBILITY.—The responsibility of gov-
ernments and law enforcement agencies in solving the
crime problem.
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(8) IMPACT.—The impact of the criminal justice
system, including court schedules and prison over-
crowding, on law enforcement.
(b) CONSULTATION.—The Commission shall conduct
surveys and consult with focus groups of law enforcement
officers, local officials, and community leaders across the
Nation to obtain information and seek advice on important
law enforcement issues.
SEC. 1725. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 29 members as follows:
(1) 9 individuals from national law enforcement
organizations representing law enforcement officers, of
whom—
(A) 2 shall be appointed by the Speaker of
the House of Representatives;
(B) 2 shall be appointed by the majority
leader of the Senate;
(C) 2 shall be appointed by the minority
leader of the House of Representatives;
(D) 2 shall be appointed by the minority
leader of the Senate; and
(E) 1 shall be appointed by the President.
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(2) 9 individuals from national law enforcement
organizations representing law enforcement manage-
ment, of whom—
(A) 2 shall be appointed by the Speaker of
the House of Representatives;
(B) 2 shall be appointed by the majority
leader of the Senate;
(C) 2 shall be appointed by the minority
leader of the House of Representatives;
(D) 2 shall be appointed by the minority
leader of the Senate; and
(E) 1 shall be appointed by the President.
(3) 2 individuals with academic expertise re-
garding law enforcement issues, of whom—
(A) 1 shall be appointed by the Speaker of
the House of Representatives and the majority
leader of the Senate.
(B) 1 shall be appointed by the minority
leader of the Senate and the minority leader of
the House of Representatives.
(4) 2 Members of the House of Representatives,
appointed by the Speaker and the minority leader of
the House of Representatives.
(5) 2 Members of the Senate, appointed by the
majority leader and the minority leader of the Senate.
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(6) 1 individual from the Department of Justice,
appointed by the President.
(7) 2 individuals representing a State or local
governmental entity, such as a Governor, mayor, or
State Attorney General, to be appointed jointly by the
majority leader and the minority leader of the Senate.
(8) 2 individuals representing a State or local
governmental entity, such as a Governor, mayor, or
State Attorney General, to be appointed jointly by the
Speaker and the minority leader of the House of Rep-
resentatives.
(b) COMPTROLLER GENERAL.—The Comptroller Gen-
eral shall serve in an advisory capacity and shall oversee
the methodology and approach of the Commission’s study.
(c) CHAIRPERSON.—Upon their appointment the
members of the Commission shall select one of their number
to act as chairperson.
(d) COMPENSATION.—
(1) IN GENERAL.—Members of the Commission
shall receive no additional pay, allowance, or benefit
by reason of service on the Commission.
(2) TRAVEL
EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
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(e) APPOINTMENT DATES.—Members of the Commis-
sion shall be appointed no later than 90 days after the en-
actment of this Act.
SEC. 1726. EXPERTS AND CONSULTANTS.
(a) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(b) STAFF OF FEDERAL AGENCIES.—Upon request of
the Commission, the head of any Federal agency is author-
ized to detail, on a reimbursable basis, any of the personnel
of that agency to the Commission to assist the Commission
in carrying out its duties under this title.
(c) ADMINISTRATIVE SUPPORT.—The Administrator of
General Services shall provide to the Commission, on a re-
imbursable basis, administrative support services as the
Commission may request.
SEC. 1727. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for purposes
of this title, hold hearings, sit and act at the times and
places, take testimony, and receive evidence, as the Commis-
sion considers appropriate.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Commis-
sion, take any action the Commission is authorized to take
by this section.
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(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this title. Upon request of the chair-
person of the Commission, the head of an agency shall fur-
nish the information to the Commission to the extent per-
mitted by law.
(d) GIFTS AND DONATIONS.—The Commission may
accept, use, and dispose of gifts or donations of services or
property.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other Federal agencies.
SEC. 1728. REPORT.
Not later than the expiration of the eighteen-month pe-
riod beginning on the date of the appointment of the mem-
bers of the Commission, a report containing the findings
of the Commission and specific proposals for legislation and
administrative actions that the Commission has determined
to be appropriate shall be submitted to Congress.
SEC. 1729. TERMINATION.
The Commission shall cease to exist upon the expira-
tion of the 60-day period beginning on the date on which
the Commission submits its report under section 1738.
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SEC. 1730. REPEALS.
Title XXXIV of the Crime Control Act of 1990 (Public
Law 101–647; 104 Stat. 4918) and title II, section 211B
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1991
(Public Law 101–515; 104 Stat. 2122) are repealed.
Subtitle D—Presidential Summit on
Violence
SEC. 1731. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) violence in America has reached epidemic
proportions;
(2) this epidemic reaches into communities large
and small, affects the richest and the poorest among
us, touches people of every ethnic and economic back-
ground, and affects all institutions, both public and
private;
(3) actual violence and depictions of violence are
so pervasive that they have an enormous impact on
the lives and character of our children;
(4) every person, group, and institution in
America has a role to play in ending the epidemic of
violence; and
(5) we need a national conference in order to de-
velop a shared understanding of the causes of violence
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in America and to build a national consensus on the
solutions to this epidemic.
SEC. 1732. PRESIDENTIAL SUMMIT ON VIOLENCE.
Congress calls on the President to convene as soon as
possible a national summit on violence in America. The
President is urged to include participants from all regions
of the country and all walks of life, both public and private.
Subtitle E—Commission on Violence
in Schools
SEC. 1741. ESTABLISHMENT SCHOOLS.
There is established, subject to appropriations, a com-
mission to be known as the ‘‘National Commission on Vio-
lence in America’s Schools’’ (referred to in this subtitle as
the ‘‘Commission’’).
SEC. 1742. PURPOSES.
The purposes of the Commission are—
(1) to develop comprehensive and effective rec-
ommendations to combat the national problem of na-
tional scale and prepare a report including an esti-
mated cost for implementing any recommendations
made by the Commission;
(2) to study the complexities, scope, nature, and
causes of violence in the Nation’s schools;
(3) to being attention to successful models and
programs in violence prevention and control;
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(4) to recommend improvements in the coordina-
tion of local, State, and Federal agencies in the areas
of violence in schools prevention; and
(5) to make a comprehensive study of the eco-
nomic and social factors leading to or contributing to
violence in schools and specific proposals for legisla-
tive and administrative actions to reduce violence and
the elements that contribute to it.
SEC. 1743. DUTIES.
The Commission shall—
(1) define the causes of violence in schools;
(2) define the scope of the national problem of vi-
olence in schools;
(3) provide statistics and data on the problem of
violence in schools on a State-by-State basis;
(4) investigate the problem of youth gangs and
their relation to violence in schools and provide rec-
ommendations as to how to reduce youth involvement
in violent crime in schools;
(5) examine the extent to which weapons and
firearms in schools have contributed to violence and
murder in schools;
(6) explore the extent to which the school envi-
ronment has contributed to violence in schools; and
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(7) review the effectiveness of current approaches
in preventing violence in schools.
SEC. 1744. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Commission shall consist
of 22 members, as follows:
(A) PRESIDENT.—Two persons appointed
by the President.
(B) SENATE.—Five persons appointed by
the majority leader of the Senate and five per-
sons appointed by the minority leader of the
Senate.
(C) HOUSE
OF
REPRESENTATIVES.—Five
persons appointed by the Speaker of the House
of Representatives, and five persons appointed by
the minority leader of the House of Representa-
tives.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing individuals as members of the Commission,
the President and the majority and minority leaders
of the House of Representatives and the Senate shall
seek to ensure that—
(A) the membership of the Commission re-
flects the racial, ethnic, and gender diversity of
the United States; and
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(B) members are specially qualified to serve
on the Commission by reason of their education,
training, expertise, or experience in—
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement; and
(v) ethnography and urban poverty,
including health care, housing, education,
and employment.
(b) DEADLINE FOR APPOINTMENT.—Members of the
Commission shall be appointed within 60 days after the
date of the enactment of this Act for the life of the Commis-
sion.
(c) MEETINGS.—The Commission shall have its head-
quarters in the District of Columbia, and shall meet at least
once each month for a business session that shall be con-
ducted by the Chairperson.
(d) QUORUM.—Thirteen members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(e) CHAIRPERSON AND VICE CHAIRPERSON.—No later
than 15 days after the members of the Commission are ap-
pointed, such members shall designate a Chairperson and
Vice Chairperson of the Commission.
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(f) CONTINUATION OF MEMBERSHIP.—If a member of
the Commission later becomes an officer or employee of any
government, the individual may continue as a member
until a successor is appointed.
(g) VACANCIES.—A vacancy in the Commission shall
be filled not later than 30 days after the Commission is
informed of the vacancy in the manner in which the origi-
nal appointment was made.
(h) COMPENSATION.—
(1) NO PAY, ALLOWANCE, OR BENEFIT.—Mem-
bers of the Commission shall receive no additional
pay, allowances, or benefits by reason of their service
on the Commission.
(2) TRAVEL
EXPENSES.—Each member of the
Commission shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
SEC. 1745. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—The Chairperson shall appoint a di-
rector after consultation with the members of the Commis-
sion, who shall be paid the rate of basic pay for level V
of the Executive Schedule.
(b) STAFF.—With the approval of the Commission, the
director may appoint personnel as the director considers
appropriate.
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(c) APPLICABILITY
OF CIVIL SERVICE LAWS.—The
staff of the Commission shall be appointed without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates.
(d) EXPERTS AND CONSULTANTS.—With the approval
of the Commission, the director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of that
agency to the Commission to assist in carrying out its du-
ties under this Act.
(f) OTHER RESOURCES.—The Commission shall have
reasonable access to materials, resources, statistical data,
and other information from the Library of Congress, as well
as agencies and elected representatives of the executive and
legislative branches of government. The Chairperson of the
Commission shall make requests in writing where nec-
essary.
(g) PHYSICAL FACILITIES.—The General Services Ad-
ministration shall find suitable office space for the oper-
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ation of the Commission. The facilities shall serve as the
headquarters of the Commission and shall include all nec-
essary equipment and incidentals required for proper func-
tioning.
SEC. 1746. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may conduct public
hearings or forums at its discretion, at any time and place
it is able to secure facilities and witnesses, for the purpose
of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Commis-
sion, take any action the Commission is authorized to take
by this section.
(c) INFORMATION.—The Commission may secure di-
rectly from any Federal agency information necessary to
enable it to carry out this Act. Upon request of the Chair-
person or Vice Chairperson of the Commission, the head of
a Federal agency shall furnish the information to the Com-
mission to the extent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or de-
vices of services or property, both real and personal, for the
purpose of aiding or facilitating the work of the Commis-
sion. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devices
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shall be deposited in the Treasury and shall be available
for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other Federal agencies.
SEC. 1747. REPORTS.
(a) MONTHLY REPORTS.—The Commission shall sub-
mit monthly activity reports to the President and the Con-
gress.
(b) REPORTS.—
(1) INTERIM
REPORT.—The Commission shall
submit an interim report to the President and the
Congress not later than 1 years before the termination
of the Commission. The interim report shall contain
a detailed statement of the findings and conclusions
of the Commission, together with its recommendations
for legislative and administrative action based on the
Commission’s activities to date. A strategy for dis-
seminating the report to Federal, State, and local au-
thorities shall be formulated and submitted with the
formal presentation of the report to the President and
the Congress.
(2) FINAL REPORT.—Not later than the date of
the termination of the Commission, the Commission
shall submit to the Congress and the President a final
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report with a detailed statement of final findings,
conclusions, and recommendations, including an as-
sessment of the extent to which recommendations of
the Commission included in the interim report under
paragraph (1) have been implemented.
(c) PRINTING AND PUBLIC DISTRIBUTION.—Upon re-
ceipt of each report of the Commission under this section,
the President shall—
(1) order the report to be printed; and
(2) make the report available to the public upon
request.
SEC. 1748. TERMINATION.
The Commission shall terminate on the date which is
2 years after the members of the Commission have met and
designated a Chairperson and Vice Chairperson.
SEC. 1749. AUTHORIZATION OF APPROPRIATIONS.
There are authorizedto be appropriated such sums as
are necessary to enable the Commission to carry out its du-
ties under this subtitle.
TITLE XVIII—BAIL POSTING
REPORTING
SEC. 1801. SHORT TITLE.
This title may be cited as the ‘‘Illegal Drug Profits
Act of 1993’’.
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SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT
CLERKS.
(a) IN GENERAL.—Each clerk of a Federal or State
criminal court shall report to the Internal Revenue Service,
in a form and manner as prescribed by the Secretary of
the Treasury, the name and taxpayer identification number
of—
(1) any individual charged with any criminal
offense who posts cash bail, or on whose behalf cash
bail is posted, in an amount exceeding $10,000; and
(2) any individual or entity (other than a li-
censed bail bonding individual or entity) posting such
cash bail for or on behalf of such individual.
(b) CRIMINAL OFFENSES.—For purposes of subsection
(a), the term ‘‘criminal offense’’ means—
(1) any Federal criminal offense involving a
controlled substance;
(2) racketeering (as defined in section 1951,
1952, or 1955 of title 18, United States Code);
(3) money laundering (as defined in section
1956 or 1957 of title 18, United States Code); and
(4) any violation of State criminal law involv-
ing an offense substantially similar to an offense de-
scribed in paragraph (1), (2), or (3).
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(c) COPY TO PROSECUTORS.—Each clerk shall submit
a copy of each report of cash bail described in subsection
(a) to—
(1) the office of the United States Attorney; and
(2) the office of the local prosecuting attorney,
for the jurisdiction in which the defendant resides
(and the jurisdiction in which the criminal offense oc-
curred, if different).
(d) REGULATIONS.—The Secretary of the Treasury
shall promulgate such regulations as are necessary within
90 days of the date of enactment of this Act.
(e) EFFECTIVE DATE.—This section shall become effec-
tive 60 days on the date of the promulgation of regulations
under subsection (d).
TITLE XIX—MOTOR VEHICLE
THEFT PREVENTION
SEC. 1901. SHORT TITLE.
This title may be cited as the ‘‘Motor Vehicle Theft Pre-
vention Act’’.
SEC. 1902. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this section, the Attorney General shall
develop, in cooperation with the States, a national vol-
untary motor vehicle theft prevention program (in this sec-
tion referred to as the ‘‘program’’) under which—
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(1) the owner of a motor vehicle may voluntarily
sign a consent form with a participating State or lo-
cality in which the motor vehicle owner—
(A) states that the vehicle is not normally
operated under certain specified conditions; and
(B) agrees to—
(i) display program decals or devices
on the owner’s vehicle; and
(ii) permit law enforcement officials in
any State to stop the motor vehicle and take
reasonable steps to determine whether the
vehicle is being operated by or with the per-
mission of the owner, if the vehicle is being
operated under the specified conditions; and
(2) participating States and localities authorize
law enforcement officials in the State or locality to
stop motor vehicles displaying program decals or de-
vices under specified conditions and take reasonable
steps to determine whether the vehicle is being oper-
ated by or with the permission of the owner.
(b) UNIFORM DECAL OR DEVICE DESIGNS.—
(1) IN GENERAL.—The motor vehicle theft pre-
vention program developed pursuant to this section
shall include a uniform design or designs for decals
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or other devices to be displayed by motor vehicles par-
ticipating in the program.
(2) TYPE
OF
DESIGN.—The uniform design
shall—
(A) be highly visible; and
(B) explicitly state that the motor vehicle to
which it is affixed may be stopped under the
specified conditions without additional grounds
for establishing a reasonable suspicion that the
vehicle is being operated unlawfully.
(c) VOLUNTARY CONSENT FORM.—The voluntary con-
sent form used to enroll in the program shall—
(1) clearly state that participation in the pro-
gram is voluntary;
(2) clearly explain that participation in the pro-
gram means that, if the participating vehicle is being
operated under the specified conditions, law enforce-
ment officials may stop the vehicle and take reason-
able steps to determine whether it is being operated
by or with the consent of the owner, even if the law
enforcement officials have no other basis for believing
that the vehicle is being operated unlawfully;
(3) include an express statement that the vehicle
is not normally operated under the specified condi-
tions and that the operation of the vehicle under those
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conditions would provide sufficient grounds for a pru-
dent law enforcement officer to reasonably believe that
the vehicle was not being operated by or with the con-
sent of the owner; and
(4) include any additional information that the
Attorney General may reasonably require.
(d) SPECIFIED CONDITIONS UNDER WHICH STOPS
MAY BE AUTHORIZED.—
(1) IN GENERAL.—The Attorney General shall
promulgate rules establishing the conditions under
which participating motor vehicles may be authorized
to be stopped under this section. These conditions may
not be based on race, creed, color, national origin,
gender, or age. These conditions may include—
(A) the operation of the vehicle during cer-
tain hours of the day; or
(B) the operation of the vehicle under other
circumstances that would provide a sufficient
basis for establishing a reasonable suspicion that
the vehicle was not being operated by the owner,
or with the consent of the owner.
(2) MORE THAN ONE SET OF CONDITIONS.—The
Attorney General may establish more than one set of
conditions under which participating motor vehicles
may be stopped. If more than one set of conditions is
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established, a separate consent form and a separate
design for program decals or devices shall be estab-
lished for each set of conditions. The Attorney General
may choose to satisfy the requirement of a separate
design for program decals or devices under this para-
graph by the use of a design color that is clearly dis-
tinguishable from other design colors.
(3) NO NEW CONDITIONS WITHOUT CONSENT.—
After the program has begun, the conditions under
which a vehicle may be stopped if affixed with a cer-
tain decal or device design may not be expanded
without the consent of the owner.
(4) LIMITED PARTICIPATION BY STATES AND LO-
CALITIES.—A State or locality need not authorize the
stopping of motor vehicles under all sets of conditions
specified under the program in order to participate in
the program.
(e) MOTOR VEHICLES FOR HIRE.—
(1) NOTIFICATION
TO
LESSEES.—Any person
who is in the business of renting or leasing motor ve-
hicles and who rents or leases a motor vehicle on
which a program decal or device is affixed shall, prior
to transferring possession of the vehicle, notify the
person to whom the motor vehicle is rented or leased
about the program.
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(2) TYPE OF NOTICE.—The notice required by
this subsection shall—
(A) be in writing;
(B) be in a prominent format to be deter-
mined by the Attorney General; and
(C) explain the possibility that if the motor
vehicle is operated under the specified conditions,
the vehicle may be stopped by law enforcement
officials even if the officials have no other basis
for believing that the vehicle is being operated
unlawfully.
(3) FINE FOR FAILURE TO PROVIDE NOTICE.—
Failure to provide proper notice under this subsection
shall be punishable by a fine not to exceed $5,000.
(f) NOTIFICATION OF POLICE.—As a condition of par-
ticipating in the program, a State or locality must agree
to take reasonable steps to ensure that law enforcement offi-
cials throughout the State or locality are familiar with the
program, and with the conditions under which motor vehi-
cles may be stopped under the program.
(g) REGULATIONS.—The Attorney General shall pro-
mulgate regulations to implement this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized such sums as are necessary to carry out this sec-
tion.
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SEC. 1903. ALTERING OR REMOVING MOTOR VEHICLE IDEN-
TIFICATION NUMBERS.
(a) BASIC OFFENSE.—Subsection (a) of section 511 of
title 18, United States Code, is amended to read as follows:
‘‘(a) A person who—
‘‘(1) knowingly removes, obliterates, tampers
with, or alters an identification number for a motor
vehicle or motor vehicle part; or
‘‘(2) with intent to further the theft of a motor
vehicle, knowingly removes, obliterates, tampers with,
or alters a decal or device affixed to a motor vehicle
pursuant to the Motor Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than
5 years, or both.’’.
(b) EXCEPTED PERSONS.—Paragraph (2) of section
511(b) of title 18, United States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B);
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) a person who removes, obliterates,
tampers with, or alters a decal or device affixed
to a motor vehicle pursuant to the Motor Vehicle
Theft Prevention Act, if that person is the owner
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of the motor vehicle, or is authorized to remove,
obliterate, tamper with or alter the decal or de-
vice by—
‘‘(i) the owner or his authorized agent;
‘‘(ii) applicable State or local law; or
‘‘(iii) regulations promulgated by the
Attorney General to implement the Motor
Vehicle Theft Prevention Act.’’.
(c) DEFINITION.—Section 511 of title 18, United
States Code, is amended by adding at the end thereof the
following:
‘‘(d) For purposes of subsection (a) of this section, the
term ‘tampers with’ includes covering a program decal or
device affixed to a motor vehicle pursuant to the Motor Ve-
hicle Theft Prevention Act for the purpose of obstructing
its visibility.’’.
(d) UNAUTHORIZED APPLICATION OF A DECAL OR DE-
VICE.—
(1) IN GENERAL.—Chapter 25 of title 18, United
States Code, is amended by adding after section 511
the following new section:
‘‘§ 511A. Unauthorized application of theft prevention
decal or device
‘‘(a) Whoever affixes to a motor vehicle a theft preven-
tion decal or other device, or a replica thereof, unless au-
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thorized to do so pursuant to the Motor Vehicle Theft Pre-
vention Act, shall be punished by a fine not to exceed
$1,000.
‘‘(b) For purposes of this section, the term ‘theft pre-
vention decal or device’ means a decal or other device de-
signed in accordance with a uniform design for such devices
developed pursuant to the Motor Vehicle Theft Prevention
Act.’’.
(2) TECHNICAL AMENDMENT.—The chapter anal-
ysis for chapter 25 of title 18, United States Code, is
amended by adding after the item relating to section
511 the following new item:
‘‘511A. Unauthorized application of theft prevention decal or device.’’.
TITLE XX—PROTECTIONS FOR
THE ELDERLY
SEC. 2001. MISSING ALZHEIMER’S DISEASE PATIENT ALERT
PROGRAM.
(a) GRANT.—The Attorney General shall, subject to the
availability of appropriations, award a grant to an eligible
organization to assist the organization in paying for the
costs of planning, designing, establishing, and operating a
Missing Alzheimer’s Disease Patient Alert Program, which
shall be a locally based, proactive program to protect and
locate missing patients with Alzheimer’s disease and related
dementias.
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(b) APPLICATION.—To be eligible to receive a grant
under subsection (a), an organization shall submit an ap-
plication to the Attorney General at such time, in such
manner, and containing such information as the Attorney
General may require, including, at a minimum, an assur-
ance that the organization will obtain and use assistance
from private nonprofit organizations to support the pro-
gram.
(c) ELIGIBLE ORGANIZATION.—The Attorney General
shall award the grant described in subsection (a) to a na-
tional voluntary organization that has a direct link to pa-
tients, and families of patients, with Alzheimer’s disease
and related dementias.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 1995, 1996, and 1997.
SEC. 2002. CRIMES AGAINST THE ELDERLY.
(a) IN GENERAL.—Pursuant to its authority under the
Sentencing Reform Act of 1984 and section 21 of the Sen-
tencing Act of 1987 (including its authority to amend the
sentencing guidelines and policy statements) and its au-
thority to make such amendments on an emergency basis,
the United States Sentencing Commission shall ensure that
the applicable guideline range for a defendant convicted of
a crime of violence against an elderly victim is sufficiently
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stringent to deter such a crime, to protect the public from
additional crimes of such a defendant, and to adequately
reflect the heinous nature of such an offense.
(b) CRITERIA.—In carrying out subsection (a), the
United States Sentencing Commission shall ensure that—
(1) the guidelines provide for increasingly severe
punishment for a defendant commensurate with the
degree of physical harm caused to the elderly victim;
(2) the guidelines take appropriate account of the
vulnerability of the victim; and
(3) the guidelines provide enhanced punishment
for a defendant convicted of a crime of violence
against an elderly victim who has previously been
convicted of a crime of violence against an elderly
victim, regardless of whether the conviction occurred
in Federal or State court.
(c) DEFINITIONS.—In this section—
‘‘crime of violence’’ means an offense under sec-
tion 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, or
2244 of title 18, United States Code.
‘‘elderly victim’’ means a victim who is 65 years
of age or older at the time of an offense.
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TITLE XXI—CONSUMER
PROTECTION
SEC. 2101. CRIMES BY OR AFFECTING PERSONS ENGAGED
IN THE BUSINESS OF INSURANCE WHOSE AC-
TIVITIES AFFECT INTERSTATE COMMERCE.
(a) IN GENERAL.—Chapter 47 of title 18, United
States Code, is amended by adding at the end the following
new sections:
‘‘§ 1033. Crimes by or affecting persons engaged in the
business of insurance whose activities af-
fect interstate commerce
‘‘(a)(1) Whoever is engaged in the business of insur-
ance whose activities affect interstate commerce and, with
the intent to deceive, knowingly makes any false material
statement or report or willfully and materially overvalues
any land, property or security—
‘‘(A) in connection with any financial reports or
documents presented to any insurance regulatory offi-
cial or agency or an agent or examiner appointed by
such official or agency to examine the affairs of such
person, and
‘‘(B) for the purpose of influencing the actions of
such official or agency or such an appointed agent or
examiner,
shall be punished as provided in paragraph (2).
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‘‘(2) The punishment for an offense under paragraph
(1) is a fine as established under this title or imprisonment
for not more than 10 years, or both, except that the term
of imprisonment shall be not more than 15 years if the
statement or report or overvaluing of land, property, or se-
curity jeopardizes the safety and soundness of an insurer.
‘‘(b)(1) Whoever—
‘‘(A) acting as, or being an officer, director,
agent, or employee of, any person engaged in the busi-
ness of insurance whose activities affect interstate
commerce, or
‘‘(B) is engaged in the business of insurance
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under
a policy of insurance) in a transaction relating to the
conduct of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates
any of the moneys, funds, premiums, credits, or other prop-
erty of such person so engaged shall be punished as provided
in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
for not more than 10 years, or both, except that if such
embezzlement, abstraction, purloining, or misappropriation
described in paragraph (1) jeopardizes the safety and
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soundness of an insurer, such imprisonment shall be not
more than 15 years. If the amount or value so embezzled,
abstracted, purloined, or misappropriated does not exceed
$5,000, whoever violates paragraph (1) shall be fined as
provided in this title or imprisoned not more than one year,
or both.
‘‘(c)(1) Whoever is engaged in the business of insurance
and whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under a pol-
icy of insurance) in a transaction relating to the conduct
of affairs of such a business, knowingly makes any false
entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with in-
tent to—
‘‘(A) deceive any person about the financial con-
dition or solvency of such business, or
‘‘(B) deceive any officer, employee, or agent of
such person engaged in the business of insurance, any
insurance regulatory official or agency, or any agent
or examiner appointed by such official or agency to
examine the affairs of such person about the financial
condition or solvency of such business,
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
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for not more than 10 years, or both, except that if the false
entry in any book, report, or statement of such person jeop-
ardizes the safety and soundness of an insurer, such impris-
onment shall be not more than 15 years.
‘‘(d) Whoever, by threats or force or by any threatening
letter or communication, corruptly influences, obstructs, or
impedes or endeavors corruptly to influence, obstruct, or
impede the due and proper administration of the law under
which any proceeding involving the business of insurance
whose activities affect interstate commerce is pending before
any insurance regulatory official or agency or any agent
or examiner appointed by such official or agency to exam-
ine the affairs of a person engaged in the business of insur-
ance whose activities affect interstate commerce, shall be
fined as provided in this title or imprisoned not more than
10 years, or both.
‘‘(e)(1)(A) Any individual who has been convicted of
any criminal felony involving dishonesty or a breach of
trust, or who has been convicted of an offense under this
section, and who willfully engages in the business of insur-
ance whose activities affect interstate commerce or partici-
pates in such business, shall be fined as provided in this
title or imprisoned not more than 5 years, or both.
‘‘(B) Any individual who is engaged in the business
of insurance whose activities affect interstate commerce and
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who willfully permits the participation described in sub-
paragraph (A) shall be fined as provided in this title or
imprisoned not more than 5 years, or both.
‘‘(2) A person described in paragraph (1)(A) may en-
gage in the business of insurance or participate in such
business if such person has the written consent of any insur-
ance regulatory official authorized to regulate the insurer,
which consent specifically refers to this subsection.
‘‘(f) As used in this section—
‘‘(1) the term ‘business of insurance’ means—
‘‘(A) the writing of insurance, or
‘‘(B) the reinsuring of risks,
by an insurer, including all acts necessary or inci-
dental to such writing or reinsuring and the activities
of persons who act as, or are, officers, directors,
agents, or employees of insurers or who are other per-
sons authorized to act on behalf of such persons;
‘‘(2) the term ‘insurer’ means any entity the
business activity of which is the writing of insurance
or the reinsuring of risks or any receiver or similar
official or any liquidating agent for such an entity,
in his or her capacity as such, and includes any per-
son who acts as, or is, an officer, director, agent, or
employee of that business;
‘‘(3) the term ‘interstate commerce’ means—
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‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the
United States;
‘‘(B) all commerce between any point in the
State, territory, possession, or the District of Co-
lumbia and any point outside thereof;
‘‘(C) all commerce between points within
the same State through any place outside such
State; or
‘‘(D) all other commerce over which the
United States has jurisdiction; and
‘‘(4) the term ‘State’ includes any State, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, the Virgin Islands,
American Samoa, and the Trust Territory of the Pa-
cific Islands.
‘‘§ 1034. Civil penalties and injunctions for violations
of section 1033
‘‘(a) The Attorney General may bring a civil action
in the appropriate United States district court against any
person who engages in conduct constituting an offense
under section 1033 and, upon proof of such conduct by a
preponderance of the evidence, such person shall be subject
to a civil penalty of not more than $50,000 for each viola-
tion or the amount of compensation which the person re-
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ceived or offered for the prohibited conduct, whichever
amount is greater. If the offense has contributed to the deci-
sion of a court of appropriate jurisdiction to issue an order
directing the conservation, rehabilitation, or liquidation of
an insurer, such penalty shall be remitted to the regulatory
official for the benefit of the policyholders, claimants, and
creditors of such insurer. The imposition of a civil penalty
under this subsection does not preclude any other criminal
or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other
person.
‘‘(b) If the Attorney General has reason to believe that
a person is engaged in conduct constituting an offense
under section 1033, the Attorney General may petition an
appropriate United States district court for an order pro-
hibiting that person from engaging in such conduct. The
court may issue an order prohibiting that person from en-
gaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under
this section does not preclude any other remedy which is
available by law to the United States or any other person.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 47 of title 18, United States Code, is amended
by adding at the end the following new items:
‘‘1033. Crimes by or affecting persons engaged in the business of insurance whose
activities affect interstate commerce.
‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.
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(c) MISCELLANEOUS AMENDMENTS
TO TITLE 18,
UNITED STATES CODE.—
(1) TAMPERING WITH INSURANCE REGULATORY
PROCEEDINGS.—Section 1515(a)(1) of title 18, United
States Code, is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (B);
(B) by inserting ‘‘or’’ at the end of subpara-
graph (C); and
(C) by adding at the end the following new
subparagraph:
‘‘(D) a proceeding involving the business of
insurance whose activities affect interstate com-
merce before any insurance regulatory official or
agency or any agent or examiner appointed by
such official or agency to examine the affairs of
any person engaged in the business of insurance
whose activities affect interstate commerce;’’.
(2) LIMITATIONS.—Section 3293 of title 18,
United States Code, is amended by inserting ‘‘1033,’’
after ‘‘1014,’’.
(3) OBSTRUCTION
OF
CRIMINAL
INVESTIGA-
TIONS.—Section 1510 of title 18, United States Code,
is amended by adding at the end the following new
subsection:
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‘‘(d)(1) Whoever—
‘‘(A) acting as, or being, an officer, director,
agent or employee of a person engaged in the business
of insurance whose activities affect interstate com-
merce, or
‘‘(B) is engaged in the business of insurance
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under
a policy of insurance) in a transaction relating to the
conduct of affairs of such a business,
with intent to obstruct a judicial proceeding, directly or in-
directly notifies any other person about the existence or con-
tents of a subpoena for records of that person engaged in
such business or information that has been furnished to a
Federal grand jury in response to that subpoena, shall be
fined as provided by this title or imprisoned not more than
5 years, or both.
‘‘(2) As used in paragraph (1), the term ‘subpoena for
records’ means a Federal grand jury subpoena for records
that has been served relating to a violation of, or a conspir-
acy to violate, section 1033 of this title.’’.
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SEC. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD
FRAUD ACT OF 1993.
(a) SHORT TITLE.—This section may be cited as the
‘‘Consumer Protection Against Credit Card Fraud Act of
1993’’.
(b) FRAUD AND RELATED ACTIVITY IN CONNECTION
WITH ACCESS DEVICES.—Section 1029 of title 18, United
States Code, is amended in subsection (a) by inserting after
paragraph (4) the following new paragraphs:
‘‘(5) knowingly and with intent to defraud effects
transactions, with one or more access devices issued to
another person or persons, to receive payment or any
other thing of value during any one-year period the
aggregate value of which is equal to or greater than
$1,000;
‘‘(6) without the authorization of the issuer of
the access device, knowingly and with intent to de-
fraud solicits a person for the purpose of—
‘‘(A) offering an access device; or
‘‘(B) selling information regarding or an
application to obtain an access device; or
‘‘(7) without the authorization of the credit card
system member or its agent, knowingly and with in-
tent to defraud causes or arranges for another person
to present to the member or its agent, for payment,
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one or more evidences or records of transactions made
by an access device;’’.
(c) TECHNICAL AMENDMENTS.—Section 1029 of title
18, United States Code, as amended by subsection (b), is
amended—
(1) in subsection (a) by striking ‘‘or’’ at the end
of paragraph (3);
(2) in subsection (c)(1) by striking ‘‘(a)(2) or
(a)(3)’’ and inserting ‘‘(a) (2), (3), (5), (6), or (7)’’;
and
(3) in subsection (e) by—
(A) striking ‘‘and’’ at the end of paragraph
(5);
(B) adding ‘‘and’’ at the end of paragraph
(6); and
(C) adding at the end thereof the following
new paragraph:
‘‘(7) the term ‘credit card system member’ means
a financial institution or other entity that is a mem-
ber of a credit card system, including an entity,
whether it is affiliated with or identical to the credit
card issuer, that is the sole member of a credit card
system.’’.
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SEC. 2103. MAIL FRAUD.
Section 1341 of title 18, United States Code, is amend-
ed—
(1) by inserting ‘‘or deposits or causes to be de-
posited any matter or thing whatever to be sent or de-
livered by any private or commercial interstate car-
rier,’’ after ‘‘Postal Service,’’; and
(2) by inserting ‘‘or such carrier’’ after ‘‘causes
to be delivered by mail’’.
TITLE XXII—FINANCIAL INSTITU-
TION FRAUD PROSECUTIONS
SEC. 2201. SHORT TITLE.
This title may be cited as the ‘‘Financial Institutions
Fraud Prosecution Act of 1991’’.
SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMEND-
MENT.
Section 19(a) of the Federal Deposit Insurance Act (12
U.S.C. 1829(a)) is amended in paragraph (2)(A)(i)(I)—
(1) by striking ‘‘or 1956’’; and
(2) by inserting ‘‘1517, 1956, or 1957’’.
SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.
Section 205(d) of the Federal Credit Union Act (12
U.S.C. 1785(d)) is amended to read as follows:
‘‘(d) PROHIBITION.—
‘‘(1) IN GENERAL.—Except with prior written
consent of the Board—
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‘‘(A) any person who has been convicted of
any criminal offense involving dishonesty or a
breach of trust, or has agreed to enter into a pre-
trial diversion or similar program in connection
with a prosecution for such offense, may not—
‘‘(i) become, or continue as, an institu-
tion-affiliated party with respect to any in-
sured credit union; or
‘‘(ii) otherwise participate, directly or
indirectly, in the conduct of the affairs of
any insured credit union; and
‘‘(B) any insured credit union may not per-
mit any person referred to in subparagraph (A)
to engage in any conduct or continue any rela-
tionship prohibited under such subparagraph.
‘‘(2) MINIMUM
10-YEAR
PROHIBITION
PERIOD
FOR CERTAIN OFFENSES.—
‘‘(A) IN GENERAL.—If the offense referred to
in paragraph (1)(A) in connection with any per-
son referred to in such paragraph is—
‘‘(i) an offense under—
‘‘(I) section 215, 656, 657, 1005,
1006, 1007, 1008, 1014, 1032, 1344,
1517, 1956, or 1957 of title 18, United
States Code; or
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‘‘(II) section 1341 or 1343 of such
title which affects any financial insti-
tution (as defined in section 20 of such
title); or
‘‘(ii) the offense of conspiring to com-
mit any such offense,
the Board may not consent to any exception to
the application of paragraph (1) to such person
during the 10-year period beginning on the date
the conviction or the agreement of the person be-
comes final.
‘‘(B) EXCEPTION BY ORDER OF SENTENCING
COURT.—
‘‘(i) IN GENERAL.—On motion of the
Board, the court in which the conviction or
the agreement of a person referred to in sub-
paragraph (A) has been entered may grant
an exception to the application of para-
graph (1) to such person if granting the ex-
ception is in the interest of justice.
‘‘(ii) PERIOD FOR FILING.—A motion
may be filed under clause (i) at any time
during the 10-year period described in sub-
paragraph (A) with regard to the person on
whose behalf such motion is made.
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‘‘(3) PENALTY.—Whoever knowingly violates
paragraph (1) or (2) shall be fined not more than
$1,000,000 for each day such prohibition is violated
or imprisoned for not more than 5 years, or both.’’.
SEC. 2204. CRIME CONTROL ACT AMENDMENT.
Section 2546 of the Crime Control Act of 1990 (Public
Law 101–647, 104 Stat. 4885) is amended by adding at
the end the following new subsection:
‘‘(c) FRAUD TASK FORCES REPORT.—In addition to
the reports required under subsection (a), the Attorney Gen-
eral is encouraged to submit a report to the Congress con-
taining the findings of the financial institutions fraud task
forces established under section 2539 as they relate to the
collapse of private deposit insurance corporations, together
with recommendations for any regulatory or legislative
changes necessary to prevent such collapses in the future.’’.
TITLE XXIII—SAVINGS AND LOAN
PROSECUTION TASK FORCE
SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.
The Attorney General shall establish within the Justice
Department a savings and loan criminal fraud task force
to prosecute in an aggressive manner those criminal cases
involving savings and loan institutions.
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TITLE XXIV—SENTENCING
PROVISIONS
SEC. 2401. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is
amended to read as follows:
‘‘(4) the kinds of sentence and the sentencing
range established for—
‘‘(A) the applicable category of offense com-
mitted by the applicable category of defendant as
set forth in the guidelines issued by the Sentenc-
ing Commission pursuant to section 994(a)(1) of
title 28, United States Code, and that are in ef-
fect on the date the defendant is sentenced; or
‘‘(B) in the case of a violation of probation
or supervised release, the applicable guidelines or
policy statements issued by the Sentencing Com-
mission pursuant to section 994(a)(3) of title 28,
United States Code;’’.
SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CON-
DITIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is
amended by striking ‘‘possess illegal controlled substances’’
and inserting ‘‘unlawfully possess a controlled substance’’.
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SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amend-
ed—
(1) in subsection (d), by striking ‘‘possess illegal
controlled substances’’ and inserting ‘‘unlawfully pos-
sess a controlled substance’’;
(2) in subsection (e)—
(A) by striking ‘‘person’’ each place such
term appears in such subsection and inserting
‘‘defendant’’; and
(B) by amending paragraph (3) to read as
follows:
‘‘(3) revoke a term of supervised release, and re-
quire the defendant to serve in prison all or part of
the term of supervised release authorized by statute
for the offense that resulted in such term of supervised
release without credit for time previously served on
postrelease supervision, if the court, pursuant to the
Federal Rules of Criminal Procedure applicable to
revocation of probation or supervised release, finds by
a preponderance of the evidence that the defendant
violated a condition of supervised release, except that
a defendant whose term is revoked under this para-
graph may not be required to serve more than 5 years
in prison if the offense that resulted in the term of
supervised release is a class A felony, more than 3
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years in prison if such offense is a class B felony,
more than 2 years in prison if such offense is a class
C or D felony, or more than one year in any other
case; or’’; and
(3) by adding at the end the following new
subsections:
‘‘(h) SUPERVISED RELEASE FOLLOWING REVOCA-
TION.—When a term of supervised release is revoked and
the defendant is required to serve a term of imprisonment
that is less than the maximum term of imprisonment au-
thorized under subsection (e)(3), the court may include a
requirement that the defendant be placed on a term of su-
pervised release after imprisonment. The length of such a
term of supervised release shall not exceed the term of super-
vised release authorized by statute for the offense that re-
sulted in the original term of supervised release, less any
term of imprisonment that was imposed upon revocation
of supervised release.
‘‘(i) DELAYED REVOCATION.—The power of the court
to revoke a term of supervised release for violation of a con-
dition of supervised release, and to order the defendant to
serve a term of imprisonment and, subject to the limitations
in subsection (h), a further term of supervised release, ex-
tends beyond the expiration of the term of supervised release
for any period reasonably necessary for the adjudication of
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matters arising before its expiration if, before its expira-
tion, a warrant or summons has been issued on the basis
of an allegation of such a violation.’’.
SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY
MINIMUM SENTENCE PROVISIONS IN CER-
TAIN CIRCUMSTANCES.
(a) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Section 3553 of title 18, United States Code, is
amended by adding at the end the following new subsection:
‘‘(f) MANDATORY MINIMUM SENTENCE PROVISIONS.—
‘‘(1) SENTENCING UNDER THIS SECTION.—In the
case of an offense described in paragraph (2), the
court shall, notwithstanding the requirement of a
mandatory minimum sentence in that section, impose
a sentence in accordance with this section and the
sentencing guidelines and any pertinent policy state-
ment issued by the United States Sentencing Commis-
sion.
‘‘(2) OFFENSES.—An offense is described in this
paragraph if—
‘‘(A) the defendant is subject to a manda-
tory minimum term of imprisonment under sec-
tion 401 or 402 of the Controlled Substances Act
(21 U.S.C. 841 and 844) or section 1010 of the
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Controlled Substances Import and Export Act
(21 U.S.C. 960);
‘‘(B) the defendant does not have—
‘‘(i) more than 0 criminal history
point under the sentencing guidelines; or
‘‘(ii) any prior conviction, foreign or
domestic, for a crime of violence against the
person or drug trafficking offense that re-
sulted in a sentence of imprisonment (or an
adjudication as a juvenile delinquent for an
act that, if committed by an adult, would
constitute a crime of violence against the
person or drug trafficking offense;
‘‘(C) the offense did not result in death or
serious bodily injury (as defined in section 1365)
to any person—
‘‘(i) as a result of the act of any person
during the course of the offense; or
‘‘(ii) as a result of the use by any per-
son of a controlled substance that was in-
volved in the offense;
‘‘(D) the defendant did not carry or other-
wise have possession of a firearm (as defined in
section 921) or other dangerous weapon during
the course of the offense and did not direct an-
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other person who possessed a firearm to do so
and the defendant had no knowledge of any other
conspirator involved possessing a firearm;
‘‘(E) the defendant was not an organizer,
leader, manager, or supervisor of others (as de-
fined or determined under the sentencing guide-
lines) in the offense; and
‘‘(F) the defendant was nonviolent in that
the defendant did not use, attempt to use, or
make a credible threat to use physical force
against the person of another during the course
of the offense.
‘‘(G) the defendant did not own the drugs,
finance any part of the offense or sell the
drugs.’’.
(b) HARMONIZATION.—
(1) IN GENERAL.—The United States Sentencing
Commission—
(A) may make such amendments as it
deems necessary and appropriate to harmonize
the sentencing guidelines and policy statements
with section 3553(f) of title 18, United States
Code, as added by subsection (a), and promul-
gate policy statements to assist the courts in in-
terpreting that provision; and
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(B) shall amend the sentencing guidelines,
if necessary, to assign to an offense under section
401 or 402 of the Controlled Substances Act (21
U.S.C. 841 and 844) or section 1010 of the Con-
trolled Substances Import and Export Act (21
U.S.C. 960) to which a mandatory minimum
term of imprisonment applies a guideline level
that will result in the imposition of a term of
imprisonment at least equal to the mandatory
term of imprisonment that is currently applica-
ble unless a downward adjustment is authorized
under section 3553(f) of title 18, United States
Code, as added by subsection (a).
(2) If the Commission determines that an expe-
dited procedure is necessary in order for amendments
made pursuant to paragraph (1) to become effective
on the effective date specified in subsection (c), the
Commission may promulgate such amendments as
emergency amendments under the procedures set forth
in section 21(a) of the Sentencing Act of 1987 (Public
Law 100–182; 101 Stat. 1271), as though the author-
ity under that section had not expired.
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) and any amendments to the sentencing guide-
lines made by the United States Sentencing Commission
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pursuant to subsection (b) shall apply with respect to sen-
tences imposed for offenses committed on or after the date
that is 60 days after the date of enactment of this Act. Not-
withstanding any other provision of law, any defendant
who has been sentenced pursuant to section 3553(f) who is
subsequently convicted of a violation of the Controlled Sub-
stances Act or any crime of violence for which imposition
of a mandatory minimum term of imprisonment is re-
quired, he or she shall be sentenced to an additional 5 years
imprisonment.
SEC. 2405. MANDATORY PRISON TERMS FOR USE, POSSES-
SION, OR CARRYING OF A FIREARM OR DE-
STRUCTIVE DEVICE DURING A STATE CRIME
OF VIOLENCE OR STATE DRUG TRAFFICKING
CRIME.
Section 924(c) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4)(A) A person who, during and in relation to a
crime of violence or drug trafficking crime (including a
crime of violence or drug trafficking crime that provides
for an enhanced punishment if committed by the use of a
deadly or dangerous weapon or device) for which the person
may be prosecuted in a court of any State—
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‘‘(i) in the case of a first conviction of such a
crime, in addition to the sentence imposed for the
crime of violence or drug trafficking crime—
‘‘(I) knowingly possesses a firearm shall be
imprisoned not less than 10 years;
‘‘(II) discharges a firearm with intent to in-
jure another person shall be imprisoned not less
than 20 years; or
‘‘(III) knowingly possesses a firearm that is
a machinegun or destructive device or is
equipped with a firearm silencer or firearm muf-
fler shall be imprisoned not less than 30 years;
‘‘(ii) in the case of a second conviction of such
a crime, in addition to the sentence imposed for the
crime of violence or drug trafficking crime—
‘‘(I) shall be imprisoned not less than 20
years if the person was in possession of a fire-
arm during and in relation to the crime of vio-
lence or drug trafficking crime;
‘‘(II) shall be imprisoned not less than 30
years if the person discharged a firearm during
and in relation to the crime of violence or drug
trafficking crime; or
‘‘(III) if the person discharges a firearm
that is a machinegun or a destructive device or
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is equipped with a firearm silencer or firearm
muffler, shall be imprisoned for life; and
‘‘(iii) in the case of a third or subsequent convic-
tion of such a crime, shall be imprisoned for life.
‘‘(B)(i) Notwithstanding any other law, a court shall
not place on probation or suspend the sentence of any per-
son convicted of a violation of this subsection, nor shall a
term of imprisonment imposed under this subsection run
concurrently with any other term of imprisonment includ-
ing that imposed for the crime of violence or drug traffick-
ing crime in which the firearm was used.
‘‘(ii) No person sentenced under this subsection shall
be released for any reason whatsoever during a term of im-
prisonment imposed under this paragraph.
‘‘(C) For the purposes of paragraph (A), a person shall
be considered to be in possession of a firearm if—
‘‘(i) in the case of a crime of violence, the person
touches a firearm at the scene of the crime at any
time during the commission of the crime; and
‘‘(ii) in the case of a drug trafficking crime, the
person has a firearm readily available at the scene of
the crime.
‘‘(D) Except in the case of a person who engaged in
or participated in criminal conduct that gave rise to the
occasion for the person’s use of a firearm, this paragraph
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has no application to a person who may be found to have
committed a criminal act while acting in defense of person
or property during the course of a crime being committed
by another person (including the arrest or attempted arrest
of the offender during or immediately after the commission
of the crime).
‘‘(E) In this paragraph—
‘‘ ‘crime of violence’ means an offense that is
punishable by imprisonment for more than 1 year
and—
‘‘(I) has as an element the use, attempted
use, or threatened use of physical force against
the person or property of another; or
‘‘(II) by its nature involves a substantial
risk that physical force against the person or
property of another may be used during the
course of the offense.
‘‘ ‘drug trafficking crime’ means a crime punishable
by imprisonment for more than 1 year involving the
manufacture, distribution, possession, cultivation,
sale, or transfer of a controlled substance, controlled
substance analogue, immediate precursor, or listed
chemical (as those terms are defined in section 102 of
the Controlled Substance Act (21 U.S.C. 802)), or an
attempt or conspiracy to commit such a crime.
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‘‘(F) It is the intent of Congress that—
‘‘(i) this paragraph shall be used to supplement
but not supplant the efforts of State and local pros-
ecutors in prosecuting crimes of violence and drug
trafficking crimes that could be prosecuted under
State law; and
‘‘(ii) the Attorney General shall give due def-
erence to the interest that a State or local prosecutor
has in prosecuting a person under State law.
‘‘(G) This paragraph does not create any rights, sub-
stantive or procedural, enforceable at law by any party in
any manner, civil or criminal, nor does it place any limita-
tions on otherwise lawful prerogatives of the Attorney Gen-
eral.
‘‘(H) There is a Federal jurisdiction over an offense
under this paragraph if a firearm involved in the offense
has moved at any time in interstate or foreign commerce.’’.
SEC. 2406. MURDER INVOLVING FIREARM.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, as amended by section 504(a), is amended by
adding at the end the following section:
‘‘§ 1122. Murder involving firearm
‘‘(a) OFFENSE.—A person who has been found guilty
of causing, through the use of a firearm, as defined in sec-
tion 921 of this title, the death of another person, inten-
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tionally, knowingly, or through recklessness manifesting ex-
treme indifference to human life, or through the intentional
infliction of serious bodily injury, shall be punished by
death or imprisoned for any term of years or for life. When-
ever the government seeks a sentence of death under this
section, the procedures set forth in title 18, chapter 228,
shall apply.
‘‘(b) JURISDICTION.—There is Federal jurisdiction
over an offense under this section if—
‘‘(1) the conduct of the offender occurred in the
course of an offense against the United States; or
‘‘(2) a firearm involved in the offense has moved
at any time in interstate or foreign commerce.
‘‘(c) It is the intent of Congress that—
‘‘(1) this paragraph shall be used to supplement
but not supplant the efforts of State and local pros-
ecutors in prosecuting murders involving firearms
that have moved in interstate or foreign commerce
that could be prosecuted under State law; and
‘‘(2) the Attorney General shall give due def-
erence to the interest that a State or local prosecutor
has in prosecuting a person under Staate law.
‘‘(d) This paragraph does not create any rights, sub-
stantive or procedural, enforceable at law by any party in
any manner, civil or criminal, nor does it place any limita-
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tions on otherwise lawful prerogratives of the Attorney Gen-
eral.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 51 of title 18, United States Code, as amended
by section 504(b), is amended by adding at the end the fol-
lowing new item:
‘‘Sec. 1122. Murder involving firearm.’’.
SEC. 2407. MANDATORY MINIMUM PRISON SENTENCES FOR
THOSE WHO SELL ILLEGAL DRUGS TO MI-
NORS OR WHO USE MINORS IN DRUG TRAF-
FICKING ACTIVITIES.
(a) DISTRIBUTION TO PERSONS UNDER AGE 18.—Sec-
tion 418 of the Controlled Substances Act (21 U.S.C. 859)
is amended—
(1) in subsection (a) (first offense) by inserting
after the second sentence ‘‘Except to the extent a
greater minimum sentence is otherwise provided by
section 401(b), a term of imprisonment under this
subsection in a case involving distribution to a person
under 18 years of age by a person 21 or more years
of age shall be not less than 10 years. Notwithstand-
ing any other provision of law, the court shall not
place on probation or suspend the sentence of any
person sentenced under the preceding sentence.’’; and
(2) in subsection (b) (second offense) by inserting
after the second sentence ‘‘Except to the extent a
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greater sentence is otherwise authorized by section
401(b), a term of imprisonment under this subsection
in a case involving distribution to a person under 18
years of age by a person 21 or more years of age shall
be a mandatory term of life imprisonment. Notwith-
standing any other provision of law, the court shall
not place on probation or suspend the sentence of any
person sentenced under the preceding sentence.’’.
(b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF
AGE.—Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b) by adding at the end the
following: ‘‘Except to the extent a greater minimum
sentence is otherwise provided, a term of imprison-
ment of a person 21 or more years of age convicted
under this subsection shall be not less than 10 years.
Notwithstanding any other provision of law, the court
shall not place on probation or suspend the sentence
of any person sentenced under the preceding sen-
tence.’’; and
(2) in subsection (c) (penalty for second offenses)
by inserting after the second sentence the following:
‘‘Except to the extent a greater minimum sentence is
otherwise provided, a term of imprisonment of a per-
son 21 or more years of age convicted under this sub-
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section shall be a mandatory term of life imprison-
ment. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the
sentence of any person sentenced under the preceding
sentence.’’.
SEC. 2408. LIFE IMPRISONMENT WITHOUT RELEASE FOR
DRUG 
FELONS 
AND 
VIOLENT 
CRIMINALS
CONVICTED A THIRD TIME.
Section 401(b)(1)(A) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(A)) is amended by striking ‘‘If any
person commits a violation of this subparagraph or of sec-
tion 418, 419, or 420 after two or more prior convictions
for a felony drug offense have become final, such person
shall be sentenced to a mandatory term of life imprisonment
without release and fined in accordance with the preceding
sentence.’’ and inserting ‘‘If any person commits a violation
of this subparagraph or of section 418, 419, or 420 (21
U.S.C. 859, 860, and 861) or a crime of violence after 2
or more prior convictions for a felony drug offense or crime
of violence or for any combination thereof have become
final, such person shall be sentenced to not less than a man-
datory term of life imprisonment without release and fined
in accordance with the preceding sentence. For purposes of
this subparagraph, the term ‘crime of violence’ means an
offense that is a felony punishable by a maximum term of
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imprisonment of 10 years or more and has as an element
the use, attempted use, or threatened use of physical force
against the person or property of another, or by its nature
involves a substantial risk that physical force against the
person or property of another may be used in the course
of committing the offense.’’.
SEC. 2409. DIRECTION TO UNITED STATES SENTENCING
COMMISSION REGARDING SENTENCING EN-
HANCEMENTS FOR HATE CRIMES.
(a) DEFINITION.—In this section, ‘‘hate crime’’ means
a crime in which the defendant intentionally selects a vic-
tim, or in the case of a property crime, the property that
is the object of the crime, because of the actual or perceived
race, color, religion, national origin, ethnicity, gender, dis-
ability, or sexual orientation of any person.
(b) SENTENCING ENHANCEMENT.—Pursuant to section
994 of title 28, United States Code, the United States Sen-
tencing Commission shall promulgate guidelines or amend
existing guidelines to provide sentencing enhancements of
not less than 3 offense levels for offenses that the finder of
fact at trial determines beyond a reasonable doubt are hate
crimes. In carrying out this section, the United States Sen-
tencing Commission shall ensure that there is reasonable
consistency with other guidelines, avoid duplicative punish-
ments for substantially the same offense, and take into ac-
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count any mitigating circumstances that might justify ex-
ceptions.
SEC. 2410. CONFIRMATION OF INTENT OF CONGRESS IN EN-
ACTING SECTIONS 2252 AND 2256 OF TITLE 18,
UNITED STATES CODE.
(a) DECLARATION.—The Congress declares that in en-
acting sections 2252 and 2256 of title 18, United States
Code, it was and is the intent of Congress that—
(1) the scope of ‘‘exhibition of the genitals or
pubic area’’ in section 2256(2)(E), in the definition
of ‘‘sexually explicit conduct’’, is not limited to nude
exhibitions or exhibitions in which the outlines of
those areas were discernible through clothing; and
(2) the requirements in section 2252(a) (1)(A),
(2)(A), (3)(B)(i), and (4)(B)(i) that the production of
a visual depiction involve the use of a minor engag-
ing in ‘‘sexually explicit conduct’’ of the kind de-
scribed in section 2256(2)(E) are satisfied if a person
photographs a minor in such a way as to exhibit the
child in a lascivious manner.
(b) SENSE OF THE CONGRESS.—It is the sense of the
Congress that in filing its brief in United States v. Knox,
No. 92–1183, and thereby depriving the United States Su-
preme Court of the adverseness necessary for full and fair
presentation of the issues arising in the case, the Depart-
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ment of Justice did not accurately reflect the intent of Con-
gress in arguing that ‘‘the videotapes in [the Knox case]
constitute ‘lascivious exhibition[s] of the genitals or pubic
area’ only if those body parts are visible in the tapes and
the minors posed or acted lasciviously.’’.
TITLE XXV—SENTENCING AND
MAGISTRATES AMENDMENTS
SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OF-
FENSES IN CERTAIN CASES.
Section 3561(a)(3) of title 18, United States Code, is
amended by adding at the end: ‘‘However, this paragraph
does not preclude the imposition of a sentence to a term
of probation for a petty offense if the defendant has been
sentenced to a term of imprisonment at the same time for
another such offense.’’.
SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE
CASES.
Section 3401 of title 18, United States Code, is amend-
ed—
(1) in subsection (b) by adding ‘‘other than a
petty offense’’ after ‘‘misdemeanor’’; and
(2) in subsection (g) by amending the first sen-
tence to read as follows: ‘‘The magistrate judge may,
in a petty offense case involving a juvenile, exercise
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all powers granted to the district court under chapter
403 of this title.’’.
TITLE XXVI—COMPUTER CRIME
SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.
(a) SHORT TITLE.—This title may be cited as the
‘‘Computer Abuse Amendments Act of 1993’’.
(b) PROHIBITION.—Section 1030(a)(5) of title 18,
United States Code, is amended to read as follows:
‘‘(5)(A) through means of a computer used in
interstate commerce or communications, knowingly
causes the transmission of a program, information,
code, or command to a computer or computer system
if—
‘‘(i) the person causing the transmission in-
tends that such transmission will—
‘‘(I) damage, or cause damage to, a
computer, computer system, network, infor-
mation, data, or program; or
‘‘(II) withhold or deny, or cause the
withholding or denial, of the use of a com-
puter, computer services, system or network,
information, data or program; and
‘‘(ii) the transmission of the harmful com-
ponent of the program, information, code, or
command—
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‘‘(I) occurred without the knowledge
and authorization of the persons or entities
who own or are responsible for the computer
system receiving the program, information,
code, or command; and
‘‘(II)(aa) causes loss or damage to one
or more other persons of value aggregating
$1,000 or more during any 1-year period;
or
‘‘(bb) modifies or impairs, or poten-
tially modifies or impairs, the medical ex-
amination, 
medical 
diagnosis, 
medical
treatment, or medical care of one or more
individuals; or
‘‘(B) through means of a computer used in inter-
state commerce or communication, knowingly causes
the transmission of a program, information, code, or
command to a computer or computer system—
‘‘(i) with reckless disregard of a substantial
and unjustifiable risk that the transmission
will—
‘‘(I) damage, or cause damage to, a
computer, computer system, network, infor-
mation, data or program; or
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‘‘(II) withhold or deny or cause the
withholding or denial of the use of a com-
puter, computer services, system, network,
information, data or program; and
‘‘(ii) if the transmission of the harmful
component of the program, information, code, or
command—
‘‘(I) occurred without the knowledge
and authorization of the persons or entities
who own or are responsible for the computer
system receiving the program, information,
code, or command; and
‘‘(II)(aa) causes loss or damage to one
or more other persons of a value aggregat-
ing $1,000 or more during any 1-year pe-
riod; or
‘‘(bb) modifies or impairs, or poten-
tially modifies or impairs, the medical ex-
amination, 
medical 
diagnosis, 
medical
treatment, or medical care of one or more
individuals;’’.
(c) PENALTY.—Section 1030(c) of title 18, United
States Code is amended—
(1) in paragraph (2)(B) by striking ‘‘and’’ after
the semicolon;
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(2) in paragraph (3)(A) by inserting ‘‘(A)’’ after
‘‘(a)(5)’’; and
(3) in paragraph (3)(B) by striking the period
at the end thereof and inserting ‘‘; and’’; and
(4) by adding at the end thereof the following:
‘‘(4) a fine under this title or imprisonment for
not more than 1 year, or both, in the case of an of-
fense under subsection (a)(5)(B).’’.
(d) CIVIL ACTION.—Section 1030 of title 18, United
States Code, is amended by adding at the end thereof the
following new subsection:
‘‘(g) Any person who suffers damage or loss by reason
of a violation of the section, other than a violation of sub-
section (a)(5)(B), may maintain a civil action against the
violator to obtain compensatory damages and injunctive re-
lief or other equitable relief. Damages for violations of any
subsection other than subsection (a)(5)(A)(ii)(II)(bb) or
(a)(5)(B)(ii)(II)(bb) are limited to economic damages. No
action may be brought under this subsection unless such ac-
tion is begun within 2 years of the date of the act com-
plained of or the date of the discovery of the damage.’’.
(e) REPORTING REQUIREMENTS.—Section 1030 of title
18 United States Code, is amended by adding at the end
thereof the following new subsection:
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‘‘(h) The Attorney General and the Secretary of the
Treasury shall report to the Congress annually, during the
first 3 years following the date of the enactment of this sub-
section, concerning investigations and prosecutions under
section 1030(a)(5) of title 18, United States Code.’’.
(f) PROHIBITION.—Section 1030(a)(3) of title 18 Unit-
ed States Code, is amended by inserting ‘‘adversely’’ before
‘‘affects the use of the Government’s operation of such com-
puter’’.
TITLE XXVII—INTERNATIONAL
PARENTAL KIDNAPPING
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ‘‘International Paren-
tal Kidnapping Crime Act of 1993’’.
SEC. 2702. TITLE 18 AMENDMENT.
(a) IN GENERAL.—Chapter 55 (relating to kidnap-
ping) of title 18, United States Code, is amended by adding
at the end the following new section:
‘‘§ 1204. International parental kidnapping
‘‘(a) DEFINITIONS.—In this section—
‘‘ ‘child’ means a person who has not attained
the age of 16 years.
‘‘ ‘parental rights’, with respect to a child, means
the right to physical custody of the child—
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‘‘(A) whether joint or sole (and includes vis-
iting rights); and
‘‘(B) whether arising by operation of law,
court order, or legally binding agreement of the
parties.
‘‘(b) OFFENSE.—A person who removes a child from
the United States or retains a child (who has been in the
United States) outside the United States with intent to ob-
struct the lawful exercise of parental rights shall be fined
under this title, imprisoned not more than 3 years, or both.
‘‘(c) AFFIRMATIVE DEFENSES.—It shall be an affirma-
tive defense under this section that—
‘‘(1) the defendant acted within the provisions of
a valid court order granting the defendant legal cus-
tody or visitation rights, and that order was obtained
pursuant to the Uniform Child Custody Jurisdiction
Act and was in effect at the time of the offense;
‘‘(2) the defendant was fleeing an incidence or
pattern of domestic violence; or
‘‘(3) the defendant had physical custody of the
child pursuant to a court order granting legal custody
or visitation rights and failed to return the child as
a result of circumstances beyond the defendant’s con-
trol, and the defendant notified or made reasonable
attempts to notify the other parent or lawful custo-
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dian of the child of such circumstances within 24
hours after the visitation period had expired and re-
turned the child as soon as possible.
‘‘(d) RULE OF CONSTRUCTION.—This section does not
detract from The Hague Convention on the Civil Aspects
of International Parental Child Abduction, done at The
Hague on October 25, 1980.’’.
(b) SENSE OF THE CONGRESS.—It is the sense of the
Congress that, inasmuch as use of the procedures under The
Hague Convention on the Civil Aspects of International Pa-
rental Child Abduction has resulted in the return of many
children, those procedures, in circumstances in which they
are applicable, should be the option of first choice for a par-
ent who seeks the return of a child who has been removed
from the parent.
(c) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 55 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘1204. International parental kidnapping.’’.
SEC. 2703. STATE COURT PROGRAMS REGARDING INTER-
STATE 
AND 
INTERNATIONAL 
PARENTAL
CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to
carry out under the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) national, regional, and in-State train-
ing and educational programs dealing with criminal and
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civil aspects of interstate and international parental child
abduction.
TITLE XXVIII—SAFE SCHOOLS
SEC. 2801. SHORT TITLE.
This title may be cited as the ‘‘Safe Schools Act of
1993’’.
SEC. 2802. SAFE SCHOOLS.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1204(a), is amended—
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as section
2401; and
(3) by inserting after part V the following new
part:
‘‘PART W—SAFE SCHOOLS ASSISTANCE
‘‘SEC. 2301. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of Jus-
tice Assistance, in consultation with the Secretary of Edu-
cation, may make grants to local educational agencies for
the purpose of providing assistance to such agencies most
directly affected by crime and violence.
‘‘(b) MODEL PROJECT.—The Director, in consultation
with the Secretary of Education, shall develop a written
safe schools model in English and in other appropriate lan-
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guages in a timely fashion and make such model available
to any local educational agency that requests such informa-
tion.
‘‘SEC. 2302. USE OF FUNDS.
‘‘Grants made by the Director under this part shall
be used—
‘‘(1) to fund anticrime and safety measures and
to develop education and training programs for the
prevention of crime, violence, and use of illegal drugs
and alcohol;
‘‘(2) for counseling programs for victims of crime
within schools;
‘‘(3) for crime prevention equipment, including
metal detectors and video-surveillance devices;
‘‘(4) for the prevention and reduction of the par-
ticipation of young individuals in organized crime
and drug and gang-related activities in schools;and
‘‘(5) to fund education programs to teach young
individuals about the United States criminal justice
system, including education about the applicable pen-
alties for the use and sale of illegal drugs and the
commission of violent or drug-related offenses.
‘‘SEC. 2303. APPLICATIONS.
‘‘(a) IN GENERAL.—In order to be eligible to receive
a grant under this part for any fiscal year, a local edu-
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cational agency shall submit an application to the Director
in such form and containing such information as the Direc-
tor may reasonably require.
‘‘(b) REQUIREMENTS.—Each application under sub-
section (a) shall include—
‘‘(1) a request for funds for the purposes de-
scribed in section 2302;
‘‘(2) a description of the schools and commu-
nities to be served by the grant, including the nature
of the crime and violence problems within such
schools;
‘‘(3) assurances that Federal funds received
under this part shall be used to supplement, not sup-
plant, non-Federal funds that would otherwise be
available for activities funded under this part; and
‘‘(4) statistical information in such form and
containing such information that the Director may
require regarding crime within schools served by such
local educational agency.
‘‘(c) COMPREHENSIVE PLAN.—Each application shall
include a comprehensive plan that shall contain—
‘‘(1) a description of the crime problems within
the schools targeted for assistance;
‘‘(2) a description of the projects to be developed;
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‘‘(3) a description of the resources available in
the community to implement the plan together with
a description of the gaps in the plan that cannot be
met with existing resources;
‘‘(4) an explanation of how the requested grant
will be used to fill gaps;
‘‘(5) a description of the system the applicant
will establish to prevent and reduce crime problems;
and
‘‘(6) a description of educational materials to be
developed in English and in other appropriate lan-
guages.
‘‘SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON
GRANTS.
‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Direc-
tor shall use not more than 5 percent of the funds available
under this part for the purposes of administration and tech-
nical assistance.
‘‘(b) RENEWAL OF GRANTS.—A grant under this part
may be renewed for up to 2 additional years after the first
fiscal year during which the recipient receives its initial
grant under this part, subject to the availability of funds,
if—
‘‘(1) the Director determines that the funds made
available to the recipient during the previous year
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were used in a manner required under the approved
application; and
‘‘(2) the Director determines that an additional
grant is necessary to implement the crime prevention
program described in the comprehensive plan as re-
quired by section 2303(c).
‘‘SEC. 2305. AWARD OF GRANTS.
‘‘(a) SELECTION OF RECIPIENTS.—The Director, in
consultation with the Secretary of Education, shall consider
the following factors in awarding grants to local edu-
cational agencies:
‘‘(1) CRIME PROBLEM.—The nature and scope of
the crime problem in the targeted schools.
‘‘(2) NEED
AND
ABILITY.—Demonstrated need
and evidence of the ability to provide the services de-
scribed in the plan required under section 2303(c).
‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
‘‘SEC. 2306. REPORTS.
‘‘(a) REPORT TO DIRECTOR.—Local educational agen-
cies that receive funds under this part shall submit to the
Director a report not later than March 1 of each year that
describes progress achieved in carrying out the plan re-
quired under section 2303(c).
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‘‘(b) REPORT TO CONGRESS.—The Director shall sub-
mit to the Committee on Education and Labor and the
Committee on the Judiciary a report by October 1 of each
year in which grants are made available under this part
which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of sta-
tistical information submitted by applicants under
2303(b)(4), and an evaluation of programs established
under this part.
‘‘SEC. 2307. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) The term ‘Director’ means the Director of
the Bureau of Justice Assistance.
‘‘(2) The term ‘local educational agency’ means
a public board of education or other public authority
legally constituted within a State for either adminis-
trative control or direction of, or to perform a service
function for, public elementary and secondary schools
in a city, county, township, school district, or other
political subdivision of a State, or such combination
of school districts of counties as are recognized in a
State as an administrative agency for its public ele-
mentary and secondary schools. Such term includes
any other public institution or agency having admin-
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istrative control and direction of a public elementary
or secondary school.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1204(b), is amended by striking the matter relating 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.
‘‘Sec. 2307. Definitions.
‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793), as amended by section 1204(d),
is amended—
(1) in paragraph (3) by striking ‘‘and V’’ and
inserting ‘‘V, and W’’; and
(2) by adding at the end the following new para-
graph:
‘‘(17) There are authorized to be appropriated to carry
out projects under part W $100,000,000 for each of fiscal
years 1994, 1995, and 1996.’’.
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SEC. 2803. STATE LEADERSHIP ACTIVITIES TO PROMOTE
SAFE SCHOOLS PROGRAM.
(a) SHORT TITLE; DEFINITIONS.—
(1) SHORT TITLE.—This section may be cited as
the ‘‘State Leadership Activities to Promote Safe
Schools Act’’.
(2) DEFINITIONS.—For the purpose of this sec-
tion—
(A) the term ‘‘local educational agency’’ has
the same meaning given such term in section
1471(12) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 2891(12));
(B) the term ‘‘Secretary’’ means the Sec-
retary of Education;
(C) the term ‘‘State educational agency’’
has the same meaning given such term in section
1471(23) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 2891(23)); and
(D) the term ‘‘State’’ means each of the 50
States, the District of Columbia and the Com-
monwealth of Puerto Rico.
(b) AUTHORITY.—The Secretary is authorized to
award grants to State educational agencies from allocations
under subsection (c) to enable such agencies to carry out
the authorized activities described in subsection (e).
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(c) ALLOCATION.—Each State educational agency hav-
ing on application approved under subsection (d) shall be
eligible to receive a grant under this section for each fiscal
year that bears the same ratio to the amount appropriated
pursuant to the authority of subsection (f) for such year
as the amount such State educational agency receives pur-
suant to section 1006 of the Elementary and Secondary
Education Act of 1965 for such year bears to the total
amount allocated to all such agencies in all States having
applications approved under subsection (d) for such year,
except that no State educational agency having an applica-
tion approved under subsection (d) in any fiscal year shall
receive less than $100,000 for such year.
(d) APPLICATION.—Each State educational agency de-
siring a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner and
containing such information as the Secretary may reason-
ably require. Each such application shall—
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational
agency’s goals and objectives for violence prevention
and a description of the procedures to be used for as-
sessing and publicly reporting progress toward meet-
ing those goals and objectives; and
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(3) contain a description of how the State edu-
cational agency will coordinate such agency’s activi-
ties under this section with the violence prevention ef-
forts of other State agencies.
(e) USE OF FUNDS.—Grant funds awarded under this
section shall be used—
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural
and urban local school districts;
(3) to disseminate to local educational agencies
and schools information on successful school violence
prevention programs funded through Federal, State,
local and private sources;
(4) to make available to local educational agen-
cies teacher training and parent and student aware-
ness programs, which training and programs may be
provided through video or other telecommunications
approaches; and
(5) for other activities the State educational
agency may deem appropriate.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $10,000,000 for each of the
fiscal years 1995 and 1996 to carry out this section.
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TITLE XXIX—MISCELLANEOUS
Subtitle A—Increases in Penalties
SEC. 2901. INCREASED PENALTIES FOR ASSAULT.
(a) CERTAIN OFFICERS
AND EMPLOYEES.—Section
111 of title 18, United States Code, is amended—
(1) in subsection (a) by inserting ‘‘, where the
acts in violation of this section constitute only simple
assault, be fined under this title or imprisoned not
more than one year, or both, and in all other cases,’’
after ‘‘shall’’;
(2) in subsection (b) by inserting ‘‘or inflicts
bodily injury’’ after ‘‘weapon’’.
(b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND
INTERNATIONALLY PROTECTED PERSONS.—Section 112(a)
of title 18, United States Code, is amended—
(1) by striking ‘‘not more than $5,000’’ and in-
serting ‘‘under this title’’;
(2) by inserting ‘‘, or inflicts bodily injury,’’
after ‘‘weapon’’; and
(3) by striking ‘‘not more than $10,000’’ and in-
serting ‘‘under this title’’.
(c) MARITIME AND TERRITORIAL JURISDICTION.—Sec-
tion 113 of title 18, United States Code, is amended—
(1) in subsection (c)—
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(A) by striking ‘‘of not more than $1,000’’
and inserting ‘‘under this title’’; and
(B) by striking ‘‘five’’ and inserting ‘‘ten’’;
and
(2) in subsection (e)—
(A) by striking ‘‘of not more than $300’’
and inserting ‘‘under this title’’; and
(B) by striking ‘‘three’’ and inserting ‘‘six’’.
(d) CONGRESS, CABINET, OR SUPREME COURT.—Sec-
tion 351(e) of title 18, United States Code, is amended—
(1) by striking ‘‘not more than $5,000,’’ and in-
serting ‘‘under this title,’’;
(2) by inserting ‘‘the assault involved in the use
of a dangerous weapon, or’’ after ‘‘if’’;
(3) by striking ‘‘not more than $10,000’’ and in-
serting ‘‘under this title’’; and
(4) by striking ‘‘for’’.
(e) PRESIDENT
AND PRESIDENT’S STAFF.—Section
1751(e) of title 18, United States Code, is amended—
(1) by striking ‘‘not more than $10,000,’’ both
places it appears and inserting ‘‘under this title,’’;
(2) by striking ‘‘not more than $5,000,’’ and in-
serting ‘‘under this title,’’; and
(3) by inserting ‘‘the assault involved the use of
a dangerous weapon, or’’ after ‘‘if ’’.
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SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) by inserting ‘‘fined under this title or’’
after ‘‘shall be’’ in the first undesignated para-
graph; and
(B) by inserting ‘‘, or both’’ after ‘‘years’’;
(2) by striking ‘‘not more than $1,000’’ and in-
serting ‘‘under this title’’; and
(3) by striking ‘‘three’’ and inserting ‘‘six’’.
SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIO-
LATIONS.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of
title 18, United States Code, is amended—
(1) by striking ‘‘not more than $10,000’’ and in-
serting ‘‘under this title’’;
(2) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include kidnap-
ping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill’’ after ‘‘results’’;
(3) by striking ‘‘subject to imprisonment’’ and
inserting ‘‘fined under this title or imprisoned’’; and
(4) by inserting ‘‘, or both’’ after ‘‘life’’.
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(b) DEPRIVATION OF RIGHTS.—Section 242 of title 18,
United States Code, is amended—
(1) by striking ‘‘more more than $1,000’’ and in-
serting ‘‘under this title’’;
(2) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weap-
on, explosives, or fire,’’ after ‘‘bodily injury results’’;
(3) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include kidnap-
ping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual
abuse, or an attempt to kill, shall be fined under this
title, or’’ after ‘‘death results’’;
(4) by striking ‘‘shall be subject to imprison-
ment’’ and inserting ‘‘imprisoned’’; and
(5) by inserting ‘‘, or both’’ after ‘‘life’’.
(c) FEDERALLY
PROTECTED
ACTIVITIES.—Section
245(b) of title 18, United States Code, is amended in the
matter following paragraph (5)—
(1) by striking ‘‘not more than $1,000’’ and in-
serting ‘‘under this title’’;
(2) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include the use,
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attempted use, or threatened use of a dangerous weap-
on, explosives, or fire’’ after ‘‘bodily injury results;
(3) by striking ‘‘not more than $10,000’’ and in-
serting ‘‘under this title’’;
(4) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include kidnap-
ping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill,’’ after ‘‘death results’’;
(5) by striking ‘‘subject to imprisonment’’ and
inserting ‘‘fined under this title or imprisoned’’; and
(6) by inserting ‘‘, or both’’ after ‘‘life’’.
(d) DAMAGE TO RELIGIOUS PROPERTY.—Section 247
of title 18, United States Code, is amended—
(1) in subsection (c)(1) by inserting ‘‘from acts
committed in violation of this section or if such acts
include kidnapping or an attempt to kidnap, aggra-
vated sexual abuse or an attempt to commit aggra-
vated sexual abuse, or an attempt to kill’’ after ‘‘death
results’’;
(2) in subsection (c)(2)—
(A) by striking ‘‘serious’’; and
(B) by inserting ‘‘from the acts committed
in violation of this section or if such acts include
the use, attempted use, or threatened use of a
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dangerous weapon, explosives, or fire’’ after
‘‘bodily injury results’’; and
(3) by amending subsection (e) to read as fol-
lows:
‘‘(e) As used in this section, the term ‘religious prop-
erty’ means any church, synagogue, mosque, religious ceme-
tery, or other religious property.’’.
(e) FAIR HOUSING ACT.—Section 901 of the Fair
Housing Act (42 U.S.C. 3631) is amended—
(1) in the caption by striking ‘‘bodily injury;
death;’’;
(2) by striking ‘‘not more than $1,000,’’ and in-
serting ‘‘under this title’’;
(3) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weap-
on, explosives, or fire’’ after ‘‘bodily injury results’’;
(4) by striking ‘‘not more than $10,000,’’ and in-
serting ‘‘under this title’’;
(5) by inserting ‘‘from the acts committed in vio-
lation of this section or if such acts include kidnap-
ping or an attempt to kidnap, aggravated sexual
abuse or an attempt to commit aggravated sexual
abuse, or an attempt to kill,’’ after ‘‘death results’’;
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(6) by striking ‘‘subject to imprisonment’’ and
inserting ‘‘fined under this title or imprisoned’’; and
(7) by inserting ‘‘, or both’’ after ‘‘life’’.
SEC. 2904. PENALTIES FOR TRAFFICKING IN COUNTERFEIT
GOODS AND SERVICES.
(a) IN GENERAL.—Section 2320(a) of title 18, United
States Code, is amended—
(1) in the first sentence—
(A) by striking ‘‘Whoever’’ and inserting ‘‘A
person who’’; and
(B) by striking ‘‘if an individual, be fined
not more than $250,000 or imprisoned not more
than 5 years, or both, and, if a person other than
an 
individual, 
be 
fined 
not 
more 
than
$1,000,000’’ and inserting ‘‘be imprisoned not
more than 10 years, fined under this title, or
both’’; and
(2) in the second sentence by striking ‘‘if an in-
dividual, shall be fined not more than $1,000,000 or
imprisoned not more than fifteen years, or both, and,
if other than an individual, shall be fined not more
than $5,000,000’’ and inserting ‘‘shall be imprisoned
not more than 20 years, fined under this title, or
both’’.
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(b) LAUNDERING MONETARY INSTRUMENTS.—Section
1956(c)(7)(D) of title 18, United States Code, is amended
by striking ‘‘or section 2319 (relating to copyright infringe-
ment),’’ and inserting ‘‘section 2319 (relating to copyright
infringement), or section 2320 (relating to trafficking in
counterfeit goods and services),’’.
SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COM-
MIT MURDER FOR HIRE.
Section 1958(a) of title 18, United States Code, is
amended by inserting ‘‘or who conspires to do so’’ before
‘‘shall be fined’’ the first place it appears.
SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLA-
TIONS.
Section 1952(a) of title 18, United States Code, is
amended by striking ‘‘and thereafter performs or attempts
to perform any of the acts specified in subparagraphs (1),
(2), and (3), shall be fined not more than $10,000 or im-
prisoned for not more than 5 years, or both’’ and inserting
‘‘and thereafter performs or attempts to perform (A) any
of the acts described in paragraphs (1) and (3) shall be
fined under this title, imprisoned for not more than 5 years,
or both, or (B) any of the acts described in paragraph (2)
shall be fined under this title, imprisoned for not more than
20 years, or both, and if death results shall be imprisoned
for any term of years or for life’’.
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SEC. 2907. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United States Code, is amend-
ed—
(1) in subsection (f)—
(A) by striking ‘‘not more than ten years, or
fined not more than $10,000’’ and inserting ‘‘not
less than five years and not more than 20 years,
fined the greater of $100,000 or the cost of re-
pairing or replacing any property that is dam-
aged or destroyed’’; and
(B) by striking ‘‘not more than twenty
years, or fined not more than $10,000’’ and in-
serting ‘‘not less than five years and not more
than 40 years, fined the greater of $200,000 or
the cost of repairing or replacing any property
that is damaged or destroyed’’;
(2) in subsection (h)—
(A) in the first sentence by striking ‘‘five
years’’ and inserting ‘‘10 years’’; and
(B) in the second sentence by striking ‘‘ten
years’’ and inserting ‘‘20 years’’; and
(3) in subsection (i)—
(A) by striking ‘‘not more than ten years or
fined not more than $10,000’’ and inserting ‘‘not
less than five years and not more than 20 years,
fined the greater of $100,000 or the cost of re-
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pairing or replacing any property that is dam-
aged or destroyed’’; and
(B) by striking ‘‘not more than twenty
years or fined not more than $10,000’’ and in-
serting ‘‘not less than five years and not more
than 40 years, fined the greater of $200,000 or
the cost of repairing or replacing any property
that is damaged or destroyed’’.
Subtitle B—Extension of Protection
of Civil Rights Statutes
SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS
STATUTES.
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of
title 18, United States Code, is amended by striking ‘‘inhab-
itant of’’ and inserting ‘‘person in’’.
(b) DEPRIVATION
OF RIGHTS UNDER COLOR
OF
LAW.—Section 242 of title 18, United States Code, is
amended—
(1) by striking ‘‘inhabitant of’’ and inserting
‘‘person in’’; and
(2) by striking ‘‘such inhabitant’’ and inserting
‘‘such person’’.
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Subtitle C—Audit and Report
SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL
LAW ENFORCEMENT AGENCIES RECEIVING
FEDERAL ASSET FORFEITURE FUNDS.
(a) STATE REQUIREMENT.—Section 524(c)(7) of title
28, United States Code, is amended to read as follows:
‘‘(7)(A) The Fund shall be subject to annual
audit by the Comptroller General.
‘‘(B) The Attorney General shall require that
any State or local law enforcement agency receiving
funds conduct an annual audit detailing the uses and
expenses to which the funds were dedicated and the
amount used for each use or expense and report the
results of the audit to the Attorney General.’’.
(b) INCLUSION IN ATTORNEY GENERAL’S REPORT.—
Section 524(c)(6)(C) of title 28, United States Code, is
amended by adding at the end the following flush sentence:
‘‘The report should also contain all annual audit reports
from State and local law enforcement agencies required to
be reported to the Attorney General under subparagraph
(B) of paragraph (7).’’.
SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE
AND CONTRACTING EXPENSES.
Section 524(c)(6) of title 28, United States Code, is
amended—
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(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) a report for such fiscal year containing a
description of the administrative and contracting ex-
penses paid from the Fund under paragraph (1)(A).’’.
Subtitle D—Gambling
SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR
THE ENFORCEMENT OF LAWS RELATING TO
GAMING.
A State gaming enforcement office located within a
State Attorney General’s office may obtain from the Inter-
state Identification Index of the FBI criminal history
record information for licensing purposes through an au-
thorized criminal justice agency.
SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF
PROHIBITION AGAINST GAMBLING ON SHIPS
IN INTERNATIONAL WATERS.
(a) The first paragraph of section 1081 of title 18,
United States Code, is amended by adding at the end the
following: ‘‘Such term does not include a vessel with respect
to gambling aboard such vessel beyond the territorial waters
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of the United States during a covered voyage (as defined
in section 4472 of the Internal Revenue Code of 1986 in
effect as of September 21, 1993).’’.
Subtitle E—White Collar Crime
Amendments
SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR
KIDNAPPING.
(a) PROCEEDS OF EXTORTION.—Chapter 41 of title
18, United States Code, is amended—
(1) by adding at the end the following new sec-
tion:
‘‘§ 880. Receiving the proceeds of extortion
‘‘A person who receives, possesses, conceals, or disposes
of any money or other property which was obtained from
the commission of any offense under this chapter that is
punishable by imprisonment for more than 1 year, knowing
the same to have been unlawfully obtained, shall be impris-
oned not more than 3 years, fined under this title, or both.’’;
and
(2) in the table of sections, by adding at the end
the following new item:
‘‘880. Receiving the proceeds of extortion.’’.
(b) RANSOM MONEY.—Section 1202 of title 18, United
States Code, is amended—
(1) by designating the existing matter as sub-
section ‘‘(a)’’; and
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(2) by adding the following new subsections:
‘‘(b) A person who transports, transmits, or transfers
in interstate or foreign commerce any proceeds of a kidnap-
ping punishable under State law by imprisonment for more
than 1 year, or receives, possesses, conceals, or disposes of
any such proceeds after they have crossed a State or United
States boundary, knowing the proceeds to have been unlaw-
fully obtained, shall be imprisoned not more than 10 years,
fined under this title, or both.
‘‘(c) For purposes of this section, the term ‘State’ has
the meaning set forth in section 245(d) of this title.’’.
SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROB-
BERY.
Section 2114 of title 18, United States Code, is amend-
ed—
(1) by designating the existing matter as sub-
section (a); and
(2) by adding at the end the following new
subsection:
‘‘(b) A person who receives, possesses, conceals, or dis-
poses of any money or other property which has been ob-
tained in violation of this section, knowing the same to have
been unlawfully obtained, shall be imprisoned not more
than 10 years, fined under this title, or both.’’.
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SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF
CIVIL INVESTIGATIVE DEMAND STATUTE.
Section 1505 of title 18, United States Code, is amend-
ed by inserting ‘‘section 1968 of this title, section 3733 of
title 31, United States Code or’’ before ‘‘the Antitrust Civil
Process Act’’.
SEC. 2944. CONFORMING ADDITION OF PREDICATE OF-
FENSES TO FINANCIAL INSTITUTIONS RE-
WARDS STATUTE.
Section 3059A of title 18, United States Code, is
amended—
(1) by inserting ‘‘225,’’ after ‘‘215’’;
(2) by striking ‘‘or’’ before ‘‘1344’’; and
(3) by inserting ‘‘, or 1517’’ after ‘‘1344’’.
SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIA-
TION IN BANK ROBBERY STATUTE.
Section 2113 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘(h) As used in this section, the term ‘savings and loan
association’ means (1) any Federal savings association or
State savings association (as defined in section 3(b) of the
Federal Deposit Insurance Act, 12 U.S.C. 1813(b)) having
accounts insured by the Federal Deposit Insurance Cor-
poration, and (2) any corporation described in section
3(b)(1)(C) of the Federal Deposit Insurance Act (12 U.S.C.
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1813(b)(1)(C)) which is operating under the laws of the
United States.’’.
SEC. 2946. CONFORMING DEFINITION OF ‘‘1-YEAR PERIOD’’
IN 18 U.S.C. 1516.
Section 1516(b) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(i)’’ before ‘‘the term’’; and
(2) by inserting before the period the following:
‘‘, and (ii) the term ‘in any 1 year period’ has the
meaning given to the term ‘in any 1-year period’ in
section 666 of this title.’’.
Subtitle F—Safer Streets and
Neighborhoods
SEC. 2951. SHORT TITLE.
This subtitle may be cited as the ‘‘Safer Streets and
Neighborhoods Act of 1993’’.
SEC. 2952. LIMITATION ON GRANT DISTRIBUTION.
(a) AMENDMENT.—Section 510(b) of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3760(b)) is amended by inserting ‘‘non-Federal’’
after ‘‘with’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 1993.
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Subtitle G—Other Provisions
SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELAT-
ED OFFENSES.
(a) IN GENERAL.—Chapter 211 of title 18, United
States Code, is amended by inserting after section 3238 the
following new section:
‘‘§ 3239. Optional venue for espionage and related of-
fenses
‘‘The trial for any offense involving a violation, begun
or committed upon the high seas or elsewhere out of the ju-
risdiction of any particular State or district, of—
‘‘(1) section 793, 794, 798, or section 1030(a)(1)
of this title;
‘‘(2) section 601 of the National Security Act of
1947 (50 U.S.C. 421); or
‘‘(3) section 4(b) or 4(c) of the Subversive Activi-
ties Control Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district
authorized by law.’’.
(b) TECHNICAL AMENDMENT.—The item relating to
section 3239 in the table of sections of chapter 211 of title
18, United States Code, is amended to read as follows:
‘‘3239. Optional venue for espionage and related offense.’’.
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SEC. 2962. UNDERCOVER OPERATIONS.
(a) IN GENERAL.—Chapter 1 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 21. Stolen or counterfeit nature of property for cer-
tain crimes defined
‘‘(a) Wherever in this title it is an element of an offense
that—
‘‘(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made,
forged, or obliterated; and
‘‘(2) the defendant knew that the property was of
such character;
such element may be established by proof that the defendant,
after or as a result of an official representation as to the
nature of the property, believed the property to be embezzled,
robbed, stolen, converted, taken, altered, counterfeited, false-
ly made, forged, or obliterated.
‘‘(b) For purposes of this section, the term ‘official rep-
resentation’ means any representation made by a Federal
law enforcement officer (as defined in section 115) or by
another person at the direction or with the approval of such
an officer.’’.
(b) TECHNICAL AMENDMENT.—The table of sections of
chapter 1 of title 18, United States Code, is amended by
adding at the end the following new item:
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‘‘21. Stolen or counterfeit nature of property for certain crimes defined.’’.
SEC. 2963. UNDERCOVER OPERATIONS—CHURNING.
Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988
(relating to effective date) is amended to read as follows:
‘‘(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the date of the
enactment of this Act and shall cease to apply after
December 31, 1994.’’.
SEC. 2964. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Sec-
retary of Health and Human Services shall transmit to the
Congress a report on the medical and psychological basis
of ‘‘battered women’s syndrome’’ and on the extent to which
evidence of the syndrome has been held to be admissible as
evidence of guilt or as a defense in a criminal trial.
(b) COMPONENTS OF THE REPORT.—The report de-
scribed in subsection (a) shall include—
(1) medical and psychological testimony on the
validity of battered women’s syndrome as a psycho-
logical condition;
(2) a compilation of State and Federal court
cases that have admitted evidence of battered women’s
syndrome as evidence of guilt as a defense in criminal
trials; and