H. R. 3355—279
General shall have final authority over all funds awarded under
this section.
(c) RECORDS.—Each recipient that receives a grant under this
section shall keep such records as the Attorney General may require
to facilitate an effective audit.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $23,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $32,000,000 for fiscal year 1999; and
(5) $35,000,000 for fiscal year 2000,
to remain available for obligation until expended.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST
FUND TO FUND ACTIVITIES AUTHORIZED BY THE
BRADY HANDGUN VIOLENCE PREVENTION ACT AND
THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) APPROPRIATIONS.—Of the amounts authorized in Sections
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note) and in section 4(b) of the National Child
Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of $100,000,000
for fiscal year 1995, $25,000,000 for fiscal year 1996, and
$25,000,000 for fiscal year 1997 may be appropriated from the
Violent Crime Reduction Trust Fund established by this Act.
(b) TECHNICAL AMENDMENT.—Sections 103(k) and 106(b) of the
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are
each amended by striking ‘‘, which may be appropriated from the
Violent Crime Reduction Trust Fund,’’.
TITLE XXII—MOTOR VEHICLE THEFT
PREVENTION
SEC. 220001. SHORT TITLE.
This title may be cited as the ‘‘Motor Vehicle Theft Prevention
Act’’.
SEC. 220002. 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 voluntary motor vehicle
theft prevention program (in this section referred to as the ‘‘pro-
gram’’) under which—
(1) the owner of a motor vehicle may voluntarily sign
a consent form with a participating State or locality 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 permission of the owner, if the vehicle
is being operated under the specified conditions; and
H. R. 3355—280
(2) participating States and localities authorize law enforce-
ment officials in the State or locality to stop motor vehicles
displaying program decals or devices under specified conditions
and take reasonable steps to determine whether the vehicle
is being operated by or with the permission of the owner.
(b) UNIFORM DECAL OR DEVICE DESIGNS.—
(1) IN GENERAL.—The motor vehicle theft prevention pro-
gram developed pursuant to this section shall include a uniform
design or designs for decals or other devices to be displayed
by motor vehicles participating 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 consent form
used to enroll in the program shall—
(1) clearly state that participation in the program is vol-
untary;
(2) clearly explain that participation in the program means
that, if the participating vehicle is being operated under the
specified conditions, law enforcement officials may stop the
vehicle and take reasonable 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 conditions and that the
operation of the vehicle under those conditions would provide
sufficient grounds for a prudent law enforcement officer to
reasonably believe that the vehicle was not being operated
by or with the consent 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 certain hours
of the day; or
(B) the operation of the vehicle under other cir-
cumstances 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 established, a separate consent
form and a separate design for program decals or devices shall
be established for each set of conditions. The Attorney General
may choose to satisfy the requirement of a separate design
H. R. 3355—281
for program decals or devices under this paragraph by the
use of a design color that is clearly distinguishable from other
design colors.
(3) NO NEW CONDITIONS WITHOUT CONSENT.—After the pro-
gram has begun, the conditions under which a vehicle may
be stopped if affixed with a certain decal or device design
may not be expanded without the consent of the owner.
(4) LIMITED PARTICIPATION BY STATES AND LOCALITIES.—
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 vehicles 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.
(2) TYPE OF NOTICE.—The notice required by this subsection
shall—
(A) be in writing;
(B) be in a prominent format to be determined 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 pro-
vide proper notice under this subsection shall be punishable
by a fine not to exceed $5,000.
(f) NOTIFICATION OF POLICE.—As a condition of participating
in the program, a State or locality must agree to take reasonable
steps to ensure that law enforcement officials throughout the State
or locality are familiar with the program, and with the conditions
under which motor vehicles may be stopped under the program.
(g) REGULATIONS.—The Attorney General shall promulgate
regulations to implement this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to carry out this section.
(1) $1,500,000 for fiscal year 1996;
(2) $1,700,000 for fiscal year 1997; and
(3) $1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICA-
TION 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,
H. R. 3355—282
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 subparagraph
(B);
(2) by striking the period at the end of subparagraph (C)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) a person who removes, obliterates, tampers with,
or alters a decal or device affixed to a motor vehicle pursu-
ant to the Motor Vehicle Theft Prevention Act, if that
person is the owner of the motor vehicle, or is authorized
to remove, obliterate, tamper with or alter the decal or
device by—
‘‘(i) the owner or his authorized agent;
‘‘(ii) applicable State or local law; or
‘‘(iii) regulations promulgated by the Attorney Gen-
eral 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 Vehicle Theft Prevention
Act for the purpose of obstructing its visibility.’’.
(d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE.—
(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 prevention
decal or other device, or a replica thereof, unless authorized to
do so pursuant to the Motor Vehicle Theft Prevention Act, shall
be punished by a fine not to exceed $1,000.
‘‘(b) For purposes of this section, the term ‘theft prevention
decal or device’ means a decal or other device designed in accordance
with a uniform design for such devices developed pursuant to the
Motor Vehicle Theft Prevention Act.’’.
(2) TECHNICAL
AMENDMENT.—The chapter analysis 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 XXIII—VICTIMS OF CRIME
Subtitle A—Victims of Crime
SEC. 230101. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
(a) MODIFICATION OF PROPOSED AMENDMENTS.—The proposed
amendments to the Federal Rules of Criminal Procedure which
are embraced by an order entered by the Supreme Court of the
H. R. 3355—283
United States on April 29, 1994, shall take effect on December
1, 1994, as otherwise provided by law, but with the following
amendments:
(b) IN GENERAL.—Rule 32 of the Federal Rules of Criminal
Procedure is amended by—
(1) striking ‘‘and’’ following the semicolon in subdivision
(c)(3)(C);
(2) striking the period at the end of subdivision (c)(3)(D)
and inserting ‘‘; and’’;
(3) inserting after subdivision (c)(3)(D) the following:
‘‘(E) if sentence is to be imposed for a crime of violence
or sexual abuse, address the victim personally if the victim
is present at the sentencing hearing and determine if the
victim wishes to make a statement or present any informa-
tion in relation to the sentence.’’;
(4) in subdivision (c)(3)(D), striking ‘‘equivalent oppor-
tunity’’ and inserting in lieu thereof ‘‘opportunity equivalent
to that of the defendant’s counsel’’;
(5) in the last sentence of subdivision (c)(4), striking ‘‘and
(D)’’ and inserting ‘‘(D), and (E)’’;
(6) in the last sentence of subdivision (c)(4), inserting ‘‘the
victim,’’ before ‘‘or the attorney for the Government.’’; and
(7) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against whom an offense
has been committed for which a sentence is to be imposed,
but the right of allocution under subdivision (c)(3)(E) may be
exercised instead by—
‘‘(A) a parent or legal guardian if the victim is below
the age of eighteen years or incompetent; or
‘‘(B) one or more family members or relatives des-
ignated by the court if the victim is deceased or incapaci-
tated;
if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present; and
‘‘(2) ‘crime of violence or sexual abuse’ means a crime
that involved the use or attempted or threatened use of physical
force against the person or property of another, or a crime
under chapter 109A of title 18, United States Code.’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(b) shall become effective on December 1, 1994.
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A
VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO
SPEAK AT AN OFFENDER’S SENTENCING HEARING AND
ANY PAROLE HEARING.
It is the sense of the Senate that—
(1) the law of a State should provide for a victim’s right
of allocution at a sentencing hearing and at any parole hearing
if the offender has been convicted of a crime of violence or
sexual abuse;
(2) such a victim should have an opportunity equivalent
to the opportunity accorded to the offender to address the
sentencing court or parole board and to present information
in relation to the sentence imposed or to the early release
of the offender; and
H. R. 3355—285
(b) REQUIREMENTS OF EXCEPTION.—Section 1403(a) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by
adding at the end the following new paragraph:
‘‘(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime
victim compensation program receiving the grant.’’.
SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting ‘‘demonstration
projects and’’ before ‘‘training’’.
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) CREATION OF EXCEPTION.—Section 1404(b)(2) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking
‘‘An eligible’’ and inserting ‘‘Except as provided in paragraph (3),
an eligible’’.
(b) REQUIREMENTS OF EXCEPTION.—Section 1404(b) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by
adding at the end the following new subsection:
‘‘(3) Not more than 5 percent of sums received under subsection
(a) may be used for the administration of the State crime victim
assistance program receiving such sums.’’.
SEC. 230206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C.
10604) is amended by adding at the end the following new sub-
section:
‘‘(h) Each entity receiving sums made available under this
Act for administrative purposes shall certify that such sums will
not be used to supplant State or local funds, but will be used
to increase the amount of such funds that would, in the absence
of Federal funds, be made available for these purposes.’’.
SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.
10604(g)) is amended by striking ‘‘and on December 31 every two
years thereafter’’, and inserting ‘‘and on June 30 every two years
thereafter’’.
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT.
Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(a)(5)(B)) is amended to read as follows:
‘‘(B) $200,000 thereafter.’’.
TITLE XXIV—PROTECTIONS FOR THE
ELDERLY
SEC. 240001. MISSING ALZHEIMER’S DISEASE PATIENT ALERT PRO-
GRAM.
(a) GRANT.—The Attorney General shall, subject to the avail-
ability of appropriations, award a grant to an eligible organization
to assist the organization in paying for the costs of planning, design-
ing, 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.
H. R. 3355—286
(b) APPLICATION.—To be eligible to receive a grant under sub-
section (a), an organization shall submit an application 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 assurance that the organization will obtain
and use assistance from private nonprofit organizations to support
the program.
(c) ELIGIBLE ORGANIZATION.—The Attorney General shall award
the grant described in subsection (a) to a national voluntary
organization that has a direct link to patients, 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) $900,000 for fiscal year 1996;
(2) $900,000 for fiscal year 1997; and
(3) $900,000 for fiscal year 1998.
SEC. 240002. CRIMES AGAINST THE ELDERLY.
(a) IN GENERAL.—Pursuant to its authority under the Sentenc-
ing Reform Act of 1984 and section 21 of the Sentencing Act
of 1987 (including its authority to amend the sentencing guidelines
and policy statements) and its authority 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 suffi-
ciently 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 punish-
ment for a defendant commensurate with the degree of physical
harm caused to the elderly victim;
(2) the guidelines take appropriate account of the vulner-
ability 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 section 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.
TITLE XXV—SENIOR CITIZENS AGAINST
MARKETING SCAMS
SEC. 250001. SHORT TITLE.
This Act may be cited as the ‘‘Senior Citizens Against Market-
ing Scams Act of 1994’’.
H. R. 3355—287
SEC. 250002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
(a) OFFENSE.—Part I of title 18, United States Code, is
amended—
(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new chapter:
‘‘CHAPTER 113A—TELEMARKETING FRAUD
‘‘Sec.
‘‘2325. Definition.
‘‘2326. Enhanced penalties.
‘‘2327. Mandatory restitution.
‘‘§ 2325. Definition
‘‘In this chapter, ‘telemarketing’—
‘‘(1) means a plan, program, promotion, or campaign that
is conducted to induce—
‘‘(A) purchases of goods or services; or
‘‘(B) participation in a contest or sweepstakes,
by use of 1 or more interstate telephone calls initiated either
by a person who is conducting the plan, program, promotion,
or campaign or by a prospective purchaser or contest or sweep-
stakes participant; but
‘‘(2) does not include the solicitation of sales through the
mailing of a catalog that—
‘‘(A) contains a written description or illustration of
the goods or services offered for sale;
‘‘(B) includes the business address of the seller;
‘‘(C) includes multiple pages of written material or
illustration; and
‘‘(D) has been issued not less frequently than once
a year,
if the person making the solicitation does not solicit customers
by telephone but only receives calls initiated by customers
in response to the catalog and during those calls takes orders
without further solicitation.
‘‘§ 2326. Enhanced penalties
‘‘A person who is convicted of an offense under section 1028,
1029, 1341, 1342, 1343, or 1344 in connection with the conduct
of telemarketing—
‘‘(1) may be imprisoned for a term of up to 5 years in
addition to any term of imprisonment imposed under any of
those sections, respectively; and
‘‘(2) in the case of an offense under any of those sections
that—
‘‘(A) victimized ten or more persons over the age of
55; or
‘‘(B) targeted persons over the age of 55,
may be imprisoned for a term of up to 10 years in addition
to any term of imprisonment imposed under any of those sec-
tions, respectively.
‘‘§ 2327. Mandatory restitution
‘‘(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
H. R. 3355—288
‘‘(1) DIRECTIONS.—The order of restitution under this sec-
tion shall direct that—
‘‘(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the vic-
tim’s losses as determined by the court, pursuant to para-
graph (3); and
‘‘(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
‘‘(2) ENFORCEMENT BY VICTIM.—An order of restitution may
be enforced by a victim named in the order to receive the
restitution as well as by the United States Attorney, in the
same manner as a judgment in a civil action.
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘full amount of the victim’s losses’ means all losses suffered
by the victim as a proximate result of the offense.
‘‘(4) ORDER MANDATORY.—(A) The issuance of a restitution
order under this section is mandatory.
‘‘(B) A court may not decline to issue an order under
this section because of—
‘‘(i) the economic circumstances of the defendant; or
‘‘(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds
of insurance or any other source.
‘‘(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
‘‘(ii) For purposes of this subparagraph, the term ‘economic
circumstances’ includes—
‘‘(I) the financial resources and other assets of the
defendant;
‘‘(II) projected earnings, earning capacity, and other
income of the defendant; and
‘‘(III) any financial obligations of the defendant, includ-
ing obligations to dependents.
‘‘(D) Subparagraph (A) does not apply if—
‘‘(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not
allow for the payment of any or some portion of the amount
of a restitution order in the foreseeable future (under any
reasonable schedule of payments); and
‘‘(ii) the court enters in its order the amount of the
victim’s losses, and provides a nominal restitution award.
‘‘(5) MORE THAN 1 OFFENDER.—When the court finds that
more than 1 offender has contributed to the loss of a victim,
the court may make each offender liable for payment of the
full amount of restitution or may apportion liability among
the offenders to reflect the level of contribution and economic
circumstances of each offender.
‘‘(6) MORE THAN 1 VICTIM.—When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect
the economic circumstances of each victim.
H. R. 3355—289
‘‘(7) PAYMENT SCHEDULE.—An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
‘‘(8) SETOFF.—Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant
in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent provided
by the law of the State.
‘‘(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The
issuance of a restitution order shall not affect the entitlement
of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually
received by the victim under the restitution order fully com-
pensate the victim for the loss.
‘‘(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.—
Compliance with a restitution issued under this section shall
be a condition of any probation or supervised release of a
defendant. The court may revoke probation or a term of super-
vised release, modify the terms or conditions of probation or
a term of supervised release, hold the defendant in contempt
pursuant to section 3583(e), or suspend the offender’s eligibility
for any grant, contract, loan, professional license, or commercial
license provided by an agency of the United States or with
appropriated funds of the United States if the defendant fails
to comply with the order. In determining whether to revoke
probation or a term of supervised release, modify the terms
or conditions of probation or supervised release or hold a
defendant serving a term of supervised release in contempt,
the court shall consider the defendant’s employment status,
earning ability and financial resources, the willfulness of the
defendant’s failure to comply, and any other circumstances
that may have a bearing on the defendant’s ability to comply.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) AFFIDAVIT.—Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney’s
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be signed
by the United States Attorney (or the United States Attorney’s
delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States
Attorney (or the United States Attorney’s delegee) shall advise
the victim that the victim may file a separate affidavit and
shall provide the victim with an affidavit form which may
be used to do so.
‘‘(2) OBJECTION.—If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to paragraph
(1) shall be entered in the court’s restitution order. If objection
is raised, the court may require the victim or the United States
Attorney (or the United States Attorney’s delegee) to submit
further affidavits or other supporting documents, demonstrating
the victim’s losses.
H. R. 3355—290
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the
court concludes, after reviewing the supporting documentation
and considering the defendant’s objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The pri-
vacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent possible,
and such records may be filed or testimony heard in camera.
‘‘(4) FINAL
DETERMINATION
OF
LOSSES.—If the victim’s
losses are not ascertainable by the date that is 10 days prior
to sentencing as provided in paragraph (1), the United States
Attorney (or the United States Attorney’s delegee) shall so
inform the court, and the court shall set a date for the final
determination of the victim’s losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended restitution
order. Such order may be granted only upon a showing of
good cause for the failure to include such losses in the initial
claim for restitutionary relief.
‘‘(d) MODIFICATION OF ORDER.—A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances
of the offender.
‘‘(e) REFERENCE
TO MAGISTRATE
OR SPECIAL MASTER.—The
court may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for proposed
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
‘‘(f) DEFINITION.—For purposes of this section, the term ‘victim’
includes the individual harmed as a result of a commission of
a crime under this chapter, including, in the case of a victim
who is incompetent, incapacitated, or deceased, the legal guardian
of the victim or representative of the victim’s estate, another family
member, or any other person appointed as suitable by the court,
but in no event shall the defendant be named as such representative
or guardian.’’.
(b) TECHNICAL AMENDMENTS.—
(1) PART ANALYSIS.—The part analysis for part I of title
18, United States Code, is amended by striking the item relat-
ing to chapter 113A and inserting the following:
‘‘113A. Telemarketing fraud .................................................................................. 2325
‘‘113B. Terrorism .................................................................................................... 2331’’.
(2) CHAPTER 113B.—The chapter heading for chapter 113B
of title 18, United States Code, as redesignated by subsection
(a)(1), is amended to read as follows:
‘‘CHAPTER 113B—TERRORISM’’.
SEC. 250003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VIC-
TIMS.
(a) REVIEW.—The United States Sentencing Commission shall
review and, if necessary, amend the sentencing guidelines to ensure
that victim related adjustments for fraud offenses against older
victims over the age of 55 are adequate.
H. R. 3355—291
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Sentencing Commission shall report to Con-
gress the result of its review under subsection (a).
SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION
AND CONVICTION.
Section 3059 of title 18, United States Code, is amended by
adding at the end the following new subsection:
‘‘(c)(1) In special circumstances and in the Attorney General’s
sole discretion, the Attorney General may make a payment of
up to $10,000 to a person who furnishes information unknown
to the Government relating to a possible prosecution under section
2326 which results in a conviction.
‘‘(2) A person is not eligible for a payment under paragraph
(1) if—
‘‘(A) the person is a current or former officer or employee
of a Federal, State, or local government agency or instrumental-
ity who furnishes information discovered or gathered in the
course of government employment;
‘‘(B) the person knowingly participated in the offense;
‘‘(C) the information furnished by the person consists of
an allegation or transaction that has been disclosed to the
public—
‘‘(i) in a criminal, civil, or administrative proceeding;
‘‘(ii) in a congressional, administrative, or General
Accounting Office report, hearing, audit, or investigation;
or
‘‘(iii) by the news media, unless the person is the
original source of the information; or
‘‘(D) when, in the judgment of the Attorney General, it
appears that a person whose illegal activities are being pros-
ecuted or investigated could benefit from the award.
‘‘(3) For the purposes of paragraph (2)(C)(iii), the term ‘original
source’ means a person who has direct and independent knowledge
of the information that is furnished and has voluntarily provided
the information to the Government prior to disclosure by the news
media.
‘‘(4) Neither the failure of the Attorney General to authorize
a payment under paragraph (1) nor the amount authorized shall
be subject to judicial review.’’.
SEC. 250005. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purposes of
carrying out this Act and the amendments made by this Act—
(1) for the Federal Bureau of Investigation to hire, equip,
and train special agents and support staff to investigate
telemarketing fraud cases—
(A) $750,000 for fiscal year 1996;
(B) $1,500,000 for fiscal year 1997;
(C) $1,500,000 for fiscal year 1998;
(D) $1,800,000 for fiscal year 1999; and
(E) $1,950,000 for fiscal year 2000;
(2) to hire, equip, and train Department of Justice attor-
neys, assistant United States Attorneys, and support staff to
prosecute telemarketing fraud cases—
(A) $250,000 for fiscal year 1996;
(B) $500,000 for fiscal year 1997;
(C) $500,000 for fiscal year 1998;
H. R. 3355—292
(D) $600,000 for fiscal year 1999; and
(E) $650,000 for fiscal year 2000; and
(3) for the Department of Justice to conduct, in cooperation
with State and local law enforcement agencies and senior citi-
zen advocacy organizations, public awareness and prevention
initiatives for senior citizens, such as seminars and training—
(A) $1,000,000 for fiscal year 1996;
(B) $2,000,000 for fiscal year 1997;
(C) $2,000,000 for fiscal year 1998;
(D) $2,500,000 for fiscal year 1999; and
(E) $2,500,000 for fiscal year 2000.
SEC. 250006. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
Section 1341 of title 18, United States Code, is amended—
(1) by inserting ‘‘or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,’’ after ‘‘Postal Service,’’;
and
(2) by inserting ‘‘or such carrier’’ after ‘‘causes to be deliv-
ered by mail’’.
SEC. 250007. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
ACCESS DEVICES.
Section 1029 of title 18, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘or’’ at the end of paragraph (3); and
(B) by inserting after paragraph (4) the following new
paragraphs:
‘‘(5) knowingly and with intent to defraud effects trans-
actions, with 1 or more access devices issued to another person
or persons, to receive payment or any other thing of value
during any 1-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 defraud 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 intent to defraud
causes or arranges for another person to present to the member
or its agent, for payment, 1 or more evidences or records of
transactions made by an access device;’’;
(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)—
(A) by striking ‘‘and’’ at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(7) the term ‘credit card system member’ means a financial
institution or other entity that is a member of a credit card
system, including an entity, whether affiliated with or identical
to the credit card issuer, that is the sole member of a credit
card system.’’.
H. R. 3355—293
SEC. 250008. INFORMATION NETWORK.
(a) HOTLINE.—The Attorney General shall, subject to the avail-
ability of appropriations, establish a national toll-free hotline for
the purpose of—
(1) providing general information on telemarketing fraud
to interested persons; and
(2) gathering information related to possible violations of
this Act.
(b) ACTION ON INFORMATION GATHERED.—The Attorney General
shall work in cooperation with the Federal Trade Commission to
ensure that information gathered through the hotline shall be acted
on in an appropriate manner.
TITLE XXVI—COMMISSION
MEMBERSHIP AND APPOINTMENT
SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.—Section 211(B)(f) of Public Law 101–515 (104
Stat. 2123) is amended to read as follows:
‘‘(f) NUMBER AND APPOINTMENT.—
‘‘(1) IN GENERAL.—The Commission shall be composed of
29 members as follows:
‘‘(A) Nine individuals appointed from national law
enforcement organizations representing law enforcement
officers, of whom—
‘‘(i) two shall be appointed by the Speaker of the
House of Representatives;
‘‘(ii) two shall be appointed by the majority leader
of the Senate;
‘‘(iii) two shall be appointed by the minority leader
of the House of Representatives;
‘‘(iv) two shall be appointed by the minority leader
of the Senate; and
‘‘(v) one shall be appointed by the President.
‘‘(B) Nine individuals appointed from national law
enforcement organizations representing law enforcement
management, of whom—
‘‘(i) two shall be appointed by the Speaker of the
House of Representatives;
‘‘(ii) two shall be appointed by the majority leader
of the Senate;
‘‘(iii) two shall be appointed by the minority leader
of the House of Representatives;
‘‘(iv) two shall be appointed by the minority leader
of the Senate; and
‘‘(v) one shall be appointed by the President.
‘‘(C) Two individuals appointed with academic expertise
regarding law enforcement issues, of whom—
‘‘(i) one shall be appointed by the Speaker of the
House of Representatives and the majority leader of
the Senate; and
‘‘(ii) one shall be appointed by the minority leader
of the Senate and the minority leader of the House
of Representatives.
H. R. 3355—294
‘‘(D) Two Members of the House of Representatives,
appointed by the Speaker and the minority leader of the
House of Representatives.
‘‘(E) Two Members of the Senate, appointed by the
majority leader and the minority leader of the Senate.
‘‘(F) One individual from the Department of Justice,
appointed by the President.
‘‘(G) Two 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.
‘‘(H) Two 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 Representatives.
‘‘(2) COMPTROLLER
GENERAL.—The Comptroller General
shall serve in an advisory capacity and shall oversee the meth-
odology and approve of the Commission study.
‘‘(3) CHAIRPERSON.—Upon their appointment the members
of the Commission shall select one of their number to act
as chairperson.
‘‘(4) APPOINTMENT
DATE.—Members of the Commission
shall be appointed no later than 90 days after the enactment
of this Act.’’.
(b) REPORT.—Section 211(B)(p) of Public Law 101–515 (104
Stat. 2124) is amended by striking ‘‘the expiration’’ and all that
follows through ‘‘this Act,’’ and inserting ‘‘March 31, 1996,’’.
(c) REIMBURSEMENT.—
(1) Section 211(B)(i) of Public Law 101–515 (104 Stat.
2124) is amended by striking ‘‘non-reimbursable’’ and inserting
‘‘a reimbursable’’.
(2) Section 211(b)(j) of Public Law 101–515 (104 Stat. 2124)
is amended by adding after ‘‘Commission’’ the following: ‘‘,
on a reimbursable basis,’’.
SEC. 260002. CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101–647 (42 U.S.C. 3721 note)
is repealed.
TITLE XXVII—PRESIDENTIAL SUMMIT
ON VIOLENCE AND NATIONAL COM-
MISSION ON CRIME PREVENTION AND
CONTROL
SEC. 270001. PRESIDENTIAL SUMMIT.
Congress calls on the President to convene a national summit
on violence in America prior to convening the Commission estab-
lished under this title.
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REP-
RESENTATION.
(a) ESTABLISHMENT
AND APPOINTMENT
OF MEMBERS.—There
is established a commission to be known as the ‘‘National Commis-
sion on Crime Control and Prevention’’. The Commission shall
be composed of 28 members appointed as follows:
H. R. 3355—296
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-qualified to participate in the
Commission’s examination of the subject area of violence against
women, as survivors of violence, or as persons with education,
training, expertise, or experience in such areas as law enforcement,
law, judicial administration, prosecution, defense, victim services
or advocacy in sexual assault or domestic violence cases (including
medical services and counseling), and protection of victims’ rights.
SEC. 270003. PURPOSES.
The purposes of the Commission are as follows:
(1) To develop a comprehensive proposal for preventing
and controlling crime and violence in the United States, includ-
ing cost estimates for implementing any recommendations 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 for controlling and preventing crime.
(4) To recommend improvements in the coordination of
local, State, Federal, and international crime control and
prevention efforts, including efforts relating to crime near inter-
national borders.
(5) To make a comprehensive study of the economic and
social factors leading to or contributing to crime and violence,
including the causes of illicit drug use and other substance
abuse, and to develop specific proposals for legislative and
administrative actions to reduce crime and violence and the
factors that contribute to it.
(6) To recommend means of utilizing criminal justice
resources as effectively as possible, including targeting finite
correctional facility space to the most serious and violent offend-
ers, and considering increased use of intermediate sanctions
for offenders who can be dealt with adequately by such means.
(7) To examine distinctive crime problems and the impact
of crime on members of minority groups, Indians living on
reservations, and other groups defined by race, ethnicity, reli-
gion, age, disability, or other characteristics, and to recommend
specific responses to the distinctive crime problems of such
groups.
(8) To examine the problem of sexual assaults, domestic
violence, and other criminal and unlawful acts that particularly
affect women, and to recommend Federal, State, and local
strategies for more effectively preventing and punishing such
crimes and acts.
(9) To examine the treatment of victims in Federal, State,
and local criminal justice systems, and to develop recommenda-
tions to enhance and protect the rights of victims.
(10) To examine the ability of Federal, State, and local
criminal justice systems to administer criminal law and crimi-
nal sanctions impartially without discrimination on the basis
of race, ethnicity, religion, gender, or other legally proscribed
grounds, and to make recommendations for correcting any defi-
ciencies in the impartial administration of justice on these
grounds.
H. R. 3355—297
(11) To examine the nature, scope, causes, and complexities
of violence in schools and to recommend a comprehensive
response to that problem.
SEC. 270004. RESPONSIBILITIES OF THE COMMISSION.
(a) IN GENERAL.—The responsibilities of the Commission shall
include such study and consultation as may be necessary or appro-
priate to carry out the purposes set forth in section 270003, includ-
ing the specific measures described in subsections (b) through (e)
in relation to the subject areas addressed in those subsections.
(b) CRIME AND VIOLENCE GENERALLY.—In addressing the sub-
ject of crime and violence generally, the activities of the Commission
shall include the following:
(1) Reviewing the effectiveness of traditional criminal jus-
tice approaches in preventing and controlling crime and
violence.
(2) Examining the impact that changes in Federal and
State law have had in controlling crime and violence.
(3) Examining the impact of changes in Federal immigra-
tion laws and policies and increased development and growth
along United States international borders on crime and violence
in the United States, particularly among the Nation’s youth.
(4) Examining the problem of youth gangs and providing
recommendations as to how to reduce youth involvement in
violent crime.
(5) Examining the extent to which the use of dangerous
weapons in the commission of crime has contributed to violence
and murder in the United States.
(6) Convening field hearings in various regions of the coun-
try to receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical doc-
tors, and other persons who wish to participate.
(7) Reviewing all segments of the Nation’s criminal justice
systems, including the law enforcement, prosecution, defense,
judicial, and corrections components in developing the crime
control and prevention proposal.
(c) CAUSES OF THE DEMAND FOR DRUGS.—In addressing the
subject of the causes of the demand for drugs, the activities of
the Commission shall include the following:
(1) Examining the root causes of illicit drug use and abuse
in the United States, including by compiling existing research
regarding those root causes, and including consideration of
the following factors:
(A) The characteristics of potential illicit drug users
and abusers or drug traffickers, including age and social,
economic, and educational backgrounds.
(B) Environmental factors that contribute to illicit drug
use and abuse, including the correlation between unemploy-
ment, poverty, and homelessness and drug experimentation
and abuse.
(C) 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.
(D) Aspects of, and changes in cultural values, atti-
tudes and traditions that contribute to illicit drug use
and abuse.
H. R. 3355—298
(E) The physiological and psychological factors that
contribute to the desire for illicit drugs.
(2) Evaluating Federal, State, and local laws and policies
on the prevention of drug abuse, control of unlawful production,
distribution and use of controlled substances, and the efficacy
of sentencing policies with regard to those laws.
(3) Analyzing the allocation of resources among interdiction
of controlled substances entering the United States, enforce-
ment of Federal laws relating to the unlawful production, dis-
tribution, and use of controlled substances, education with
regard to and the prevention of the unlawful use of controlled
substances, and treatment and rehabilitation of drug abusers.
(4) Analyzing current treatment and rehabilitation methods
and making recommendations for improvements.
(5) Identifying any existing gaps in drug abuse policy that
result from the lack of attention to the root causes of drug
abuse.
(6) Assessing the needs of government at all levels for
resources and policies for reducing the overall desire of individ-
uals to experiment with and abuse illicit drugs.
(7) Making recommendations regarding necessary improve-
ments in policies for reducing the use of illicit drugs in the
United States.
(d) VIOLENCE IN SCHOOLS.—In addressing the subject of violence
in schools, the activities of the Commission shall include the follow-
ing:
(1) Defining the causes of violence in schools.
(2) Defining the scope of the national problem of violence
in schools.
(3) Providing statistics and data on the problem of violence
in schools on a State-by-State basis.
(4) Investigating the problem of youth gangs and their
relation to violence in schools and providing recommendations
on how to reduce youth involvement in violent crime in schools.
(5) Examining the extent to which dangerous weapons have
contributed to violence and murder in schools.
(6) Exploring the extent to which the school environment
has contributed to violence in schools.
(7) Reviewing the effectiveness of current approaches in
preventing violence in schools.
(e) VIOLENCE AGAINST WOMEN.—In addressing the subject of
sexual assault, domestic violence, and other criminal and unlawful
acts that particularly affect women, the activities of the Commission
shall include the following:
(1) Evaluating the adequacy of, and making recommenda-
tions regarding, current law enforcement efforts at the Federal,
State, and local levels to reduce the incidence of such crimes
and acts, and to punish those responsible for such crimes and
acts.
(2) Evaluating the adequacy of, and making recommenda-
tions regarding, the responsiveness of prosecutors and courts
to such crimes and acts.
(3) Evaluating the adequacy of rules of evidence, practice,
and procedure to ensure the effective prosecution and conviction
of perpetrators of such crimes and acts and to protect victims
of such crimes and acts from abuse in legal proceedings, making
recommendations, where necessary, to improve those rules.
H. R. 3355—299
(4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to such
crimes and acts.
(5) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of Federal and State laws on
sexual assault and the need for a more uniform statutory
response to sex offenses, including sexual assaults and other
sex offenses committed by offenders who are known or related
by blood or marriage to the victim.
(6) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of Federal and State laws on
domestic violence and the need for a more uniform statutory
response to domestic violence.
(7) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of current education, prevention,
and protective services for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement
of protective orders, whether or not related to a criminal
proceeding, and making recommendations for their more effec-
tive use in domestic violence and stalking cases.
(9) Assessing the problem of stalking and recommending
effective means of response to the problem.
(10) Evaluating the adequacy of, and making recommenda-
tions regarding, programs for public awareness and public
dissemination of information to prevent such crimes and acts.
(11) Evaluating the treatment of victims of such crimes
and acts in Federal, State, and local criminal justice systems,
and making recommendations designed to improve such treat-
ment.
SEC. 270005. ADMINISTRATIVE MATTERS.
(a) CHAIR.—The President shall designate a member of the
Commission to chair the Commission.
(b) NO ADDITIONAL PAY OR BENEFITS; PER DIEM.—Members
of the Commission shall receive no pay or benefits by reason of
their service on the Commission, but shall receive travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under sections 5702 and 5703 of title 5,
United States Code.
(c) VACANCIES.—Vacancies on the Commission shall be filled
in the same manner as initial appointments.
(d) MEETINGS OPEN TO THE PUBLIC.—The Commission shall
be considered to be an agency for the purposes of section 552b
of title 5, United States Code, relating to the requirement that
meetings of Federal agencies be open to the public.
SEC. 270006. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—With the approval of the Commission, the chair-
person shall appoint a staff director for the Commission.
(b) STAFF.—With the approval of the Commission, the staff
director may appoint and fix the compensation of staff personnel
for the Commission.
(c) 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.
Staff compensation may be set without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates, but in no event