117
‘‘(3) if serious bodily injury results, or if a fire-
arm, knife, or other dangerous weapon is possessed,
carried, or used during the commission of the of-
fense, by imprisonment for not more than 10 years;
and
‘‘(4) in any other case, by imprisonment for not
more than five years.
If, however, the defendant engages in sexual abuse and
the penalty authorized for such conduct under chapter
109A exceeds the penalty which would otherwise be au-
thorized under this subsection, then the penalty authorized
for such conduct under chapter 109A shall apply.
‘‘(b) MANDATORY PENALTIES.—A sentence under
this section shall include at least one year of imprisonment
if the offense involves the infliction of bodily injury on or
the commission of sexual abuse against the victim. A sen-
tence under this section shall include at least 6 months
of imprisonment if the offense involves the violation of a
protective order and the defendant has previously violated
a protective order in relation to the same victim.
‘‘(c) REQUIRED CIRCUMSTANCES.—The circumstance
referred to in subsection (a) of this section is that the de-
fendant traveled in interstate or foreign commerce, or
transported or caused another to move in interstate or for-
118
eign commerce, with the intention of committing or in fur-
therance of committing the offense, and—
‘‘(1) the victim was a spouse or former spouse
of the defendant, was cohabiting with or had
cohabited with the defendant, or had a child in com-
mon with the defendant; or
‘‘(2) the defendant on two or more occasions—
‘‘(A) has caused or attempted or threat-
ened to cause death or serious bodily injury to
or engaged in sexual abuse in relation to the
victim; or
‘‘(B) has engaged in any conduct that
caused or was intended to cause apprehension
by the victim that the victim would be subjected
to death, serious bodily injury, or sexual abuse.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘protective order’ means an order
issued by a court of a State prohibiting or limiting
violence against, harassment of, contact or commu-
nication with, or physical proximity to another
person;
‘‘(2) the term ‘sexual abuse’ means any conduct
proscribed by chapter 109A of this title, whether or
not the conduct occurs in the special maritime and
119
territorial jurisdiction of the United States or in a
Federal prison;
‘‘(3) the terms ‘serious bodily injury’ and ‘bod-
ily injury’ have the meanings, respectively, given
those terms in section 1365(g) of this title; and
‘‘(4) the term ‘State’ has the meaning given
that term in section 513(c)(5) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of Part 1 of title 18, United States Code,
is amended by inserting after the item for chapter 110
the following:
‘‘110A. Domestic violence and offenses against the family ...................... 2261’’.
SEC. 702. FULL FAITH AND CREDIT FOR PROTECTIVE OR-
DERS.
(a) REQUIREMENT OF FULL FAITH AND CREDIT.—
Chapter 110A of title 18, United States Code, as enacted
by section 701 of this Act, is amended by adding at the
end the following:
‘‘§ 2262. Full faith and credit for protective orders
‘‘(a) A protective order issued by a court of a State
shall have the same full faith and credit in a court in an-
other State that it would have in a court of the State in
which issued, and shall be enforced by the courts of any
State as if it were issued in that State.
‘‘(b) As used in this section—
120
‘‘(1) the term ‘protective order’ means an order
prohibiting or limiting violence against, harassment
of, contact or communication with, or physical prox-
imity to another person; and
‘‘(2) the term ‘State’ has the meaning given in
section 513(c)(5) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 110A of title 18, United States
Code, as enacted by section 701 of this Act, is amended
by inserting at the end the following:
‘‘2262. Full faith and credit for protective orders.’’.
Subtitle B—Victims of Sexual
Violence
SEC. 711. CIVIL REMEDY FOR VICTIMS OF SEXUAL VIO-
LENCE.
(a) CAUSE OF ACTION.—Whoever, in violation of the
Constitution or laws of the United States, engages in sex-
ual violence against another, shall be liable to the injured
party in an action under this section. The relief available
in such an action shall include compensatory and punitive
damages and any appropriate equitable or declaratory
relief.
(b) DEFINITION.—For purposes of this section, ‘‘sex-
ual violence’’ means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the
121
conduct occurs in the special maritime and territorial ju-
risdiction of the United States or in a Federal prison.
(c) ATTORNEY’S FEES.—The Civil Rights Attorney’s
Fees Award Act of 1976 (42 U.S.C. 1988) is amended
by striking ‘‘or’’ after ‘‘Public Law 92–318’’ and by in-
serting after ‘‘1964’’ the following: ‘‘, or section 711 of
the People’s Protection Crime Control Act of 1994,’’.
SEC. 712. EXTENSION AND STRENGTHENING OF RESTITU-
TION.
Section 3663 of title 18, United States Code, is
amended—
(1) in subsection (b), by inserting ‘‘or an of-
fense under chapter 109A, chapter 110, or section
2261 of this title’’ after ‘‘an offense resulting in bod-
ily injury to a victim’’ in paragraph (2);
(2) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by redesignating paragraph (4) as
paragraph (5); and
(C) by inserting after paragraph (4) the
following:
‘‘(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
122
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’; and
(3) in subsection (d), by inserting at the end
the following: ‘‘However, the court shall issue an
order requiring restitution of the full amount of the
victim’s losses and expenses for which restitution is
authorized under this section in imposing sentence
for an offense under chapter 109A, chapter 110 or
section 2261 of this title, unless the Government
and the victim do not request such restitution.’’.
SEC. 713. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code,
is amended—
(1) by striking ‘‘, or’’ at the end of subpara-
graph (A) and inserting a semicolon;
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and
(3) by adding after subparagraph (B) the
following:
‘‘(C) any felony under chapter 109A, chapter
110, or section 2261 of this title.’’.
123
Subtitle C—Punishment of Sex
Offenders
SEC. 721. DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.
(a) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended by redesignating section 2245 as
section 2246, and by adding the following new section:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this
chapter, engages in conduct that results in the death of
a person, shall be punished by death or imprisoned for
any term of years or for life.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, is amended by striking the item for section 2245
and adding the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
SEC. 722. INCREASED PENALTIES FOR RECIDIVIST SEX OF-
FENDERS.
(a) REDESIGNATION.—Sections 2245 and 2246 of
title 18, United States Code, as so designated by section
721, are redesignated sections 2246 and 2247, respec-
tively.
124
(b) PENALTIES
FOR SUBSEQUENT OFFENSES.—
Chapter 109A of title 18, United States Code, is amended
by inserting the following new section after section 2244:
‘‘§ 2245. Penalties for subsequent offenses
‘‘Any person who violates this chapter, after a prior
conviction under this chapter or the law of a State (as
defined in section 513 of this title) for conduct proscribed
by this chapter has become final, is punishable by a term
of imprisonment up to twice that otherwise authorized.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 109A of title 18, United States
Code, as amended by section 721, is amended—
(1) by striking ‘‘2245’’ and inserting ‘‘2246’’;
(2) by striking ‘‘2246’’ and inserting ‘‘2247’’;
and
(3) by inserting after the item relating to sec-
tion 2244 the following:
‘‘2245. Penalties for subsequent offenses.’’.
SEC. 723. SENTENCING GUIDELINES INCREASE FOR SEX
OFFENSES.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
4 levels the base offense level for an offense under section
2241 (relating to aggravated sexual abuse) or section
2242 (relating to sexual abuse) of title 18, United States
Code, and shall consider whether any other changes are
125
warranted in the guidelines provisions applicable to such
offenses to ensure realization of the objectives of sentenc-
ing. In amending the guidelines in conformity with this
section, the Sentencing Commission shall review the ap-
propriateness and adequacy of existing offense character-
istics and adjustments applicable to such offenses, taking
into account the heinousness of sexual abuse offenses, the
severity and duration of the harm caused to victims, and
any other relevant factors. In any subsequent amendment
to the sentencing guidelines, the Sentencing Commission
shall maintain minimum guidelines sentences for the of-
fenses referenced in this section which are at least equal
to those required by this section.
SEC. 724. HIV TESTING AND PENALTY ENHANCEMENT IN
SEXUAL OFFENSE CASES.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 2248. Testing for human immunodeficiency virus;
disclosure of test results to victim; effect
on penalty
‘‘(a) TESTING AT TIME OF PRE-TRIAL RELEASE DE-
TERMINATION.—In a case in which a person is charged
with an offense under this chapter, a judicial officer issu-
ing an order pursuant to section 3142(a) of this title shall
126
include in the order a requirement that a test for the
human immunodeficiency virus be performed upon the
person, and that follow-up tests for the virus be performed
six months and twelve months following the date of the
initial test, unless the judicial officer determines that the
conduct of the person created no risk of transmission of
the virus to the victim, and so states in the order. The
order shall direct that the initial test be performed within
24 hours, or as soon thereafter as feasible. The person
shall not be released from custody until the test is per-
formed.
‘‘(b) TESTING AT LATER TIME.—If a person charged
with an offense under this chapter was not tested for the
human immunodeficiency virus pursuant to subsection (a),
the court may at a later time direct that such a test be
performed upon the person, and that follow-up tests be
performed six months and twelve months following the
date of the initial test, if it appears to the court that the
conduct of the person may have risked transmission of the
virus to the victim. A testing requirement under this sub-
section may be imposed at any time while the charge is
pending, or following conviction at any time prior to the
person’s completion of service of the sentence.
‘‘(c) TERMINATION OF TESTING REQUIREMENT.—A
requirement of follow-up testing imposed under this sec-
127
tion shall be canceled if any test is positive for the virus
or the person obtains an acquittal on, or dismissal of, all
charges under this chapter.
‘‘(d) DISCLOSURE OF TEST RESULTS.—The results
of any test for the human immunodeficiency virus per-
formed pursuant to an order under this section shall be
provided to the judicial officer or court. The judicial offi-
cer or court shall ensure that the results are disclosed to
the victim (or to the victim’s parent or legal guardian, as
appropriate), the attorney for the Government, and the
person tested.
‘‘(e) EFFECT ON PENALTY.—The United States Sen-
tencing Commission shall amend existing guidelines for
sentences for offenses under this chapter to enhance the
sentence if the offender knew or had reason to know that
he was infected with the human immunodeficiency virus,
except where the offender did not engage or attempt to
engage in conduct creating a risk of transmission of the
virus to the victim.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of chapter 109A of title 18, United States
Code, is amended by inserting at the end the following
new item:
‘‘2248. Testing for human immunodeficiency virus; disclosure of test results to
victim; effect on penalty.’’.
128
Subtitle D—Rural Domestic Vio-
lence and Child Abuse Enforce-
ment
SEC. 731. 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 cooper-
ative efforts and projects between law enforcement
officers, prosecutors, victim advocacy groups, and
other related parties to investigate and prosecute in-
cidents 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 Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS.—
129
(1) IN GENERAL.—There is authorized to be
appropriated 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 1701 of the Omnibus
Crime Control and Safe Streets Act of 1968, as
added by section 103 of this Act, to accomplish the
objectives of this section.
TITLE VIII—CRIMINAL ALIENS
AND ALIEN SMUGGLING
Subtitle A—Deportation of
Criminal Aliens
SEC. 801. EXPEDITING CRIMINAL ALIEN DEPORTATION AND
EXCLUSION.
(a) CONVICTED DEFINED.—Section 241(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2))
is amended by adding at the end the following new sub-
paragraph:
‘‘(E) CONVICTED DEFINED.—In this para-
graph, the term ‘convicted’ means a judge or
jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere,
whether or not the alien appeals therefrom.’’.
130
(b) DEPORTATION OF CONVICTED ALIENS.—
(1) IMMEDIATE DEPORTATION.—Section 242(h)
of such Act (8 U.S.C. 1252(h)) is amended—
(A) by striking ‘‘(h) An alien’’ and insert-
ing ‘‘(h)(1) Subject to paragraph (2), an alien’’;
and
(B) by adding at the end the following new
paragraph:
‘‘(2) An alien sentenced to imprisonment may be de-
ported prior to the termination of such imprisonment by
the release of the alien from confinement, if the Service
petitions the appropriate court or other entity with author-
ity concerning the alien to release the alien into the
custody of the Service for execution of an order of
deportation.’’.
(2) PROHIBITION OF REENTRY INTO THE UNIT-
ED
STATES.—Section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2)) is amended—
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F) ALIENS DEPORTED BEFORE SERVING
MINIMUM PERIOD OF CONFINEMENT.—In addi-
tion to any other period of exclusion which may
131
apply an alien deported pursuant to section
242(h)(2) is excludable during the minimum
period of confinement to which the alien was
sentenced.’’.
(c) EXECUTION OF DEPORTATION ORDERS.—Section
242(i) of such Act (8 U.S.C. 1252(i)) is amended by add-
ing at the end the following: ‘‘An order of deportation may
not be executed until all direct appeals relating to the con-
viction which is the basis of the deportation order have
been exhausted.’’.
SEC. 802. AUTHORIZING REGISTRATION OF ALIENS ON
CRIMINAL PROBATION OR CRIMINAL PA-
ROLE.
Section 263(a) of the Immigration and Nationality
Act (8 U.S.C. 1303(a)) is amended by striking ‘‘and (5)’’
and inserting ‘‘(5) aliens who are or have been on criminal
probation or criminal parole within the United States,
and (6)’’.
SEC. 803. EXPANSION IN DEFINITION OF ‘‘AGGRAVATED
FELONY’’.
(a) EXPANSION IN DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
132
‘‘(B) any illicit trafficking in any con-
trolled substance (as defined in section 102 of
the Controlled Substances Act), including any
drug trafficking crime as defined in section
924(c) of title 18, United States Code;
‘‘(C) any illicit trafficking in any firearms
or destructive devices as defined in section 921
of title 18, United States Code, or in explosive
materials as defined in section 841(c) of title
18, United States Code;
‘‘(D) any offense described in sections
1951 through 1963 of title 18, United States
Code;
‘‘(E) any offense described in—
‘‘(i) subsections (h) or (i) of section
842, title 18, United States Code, or sub-
section (d), (e), (f), (g), (h), or (i) of sec-
tion 844 of title 18, United States Code
(relating to explosive materials offenses),
‘‘(ii) paragraph (1), (2), (3), (4), or
(5) of section 922(g), or section 922(j),
section 922(n), section 922(o), section
922(p), section 924(b), or section 924(h)
of title 18, United States Code (relating to
firearms offenses), or
133
‘‘(iii) section 5861 of title 26, United
States Code (relating to firearms offenses);
‘‘(F) any crime of violence (as defined in
section 16 of title 18, United States Code, not
including a purely political offense) for which
the term of imprisonment imposed (regardless
of any suspension of such imprisonment) is at
least 5 years;
‘‘(G) any theft offense (including receipt of
stolen property) or any burglary offense, where
a sentence of 5 years imprisonment or more
may be imposed;
‘‘(H) any offense described in section 875,
section 876, section 877, or section 1202 of
title 18, United States Code (relating to the de-
mand for or receipt of ransom);
‘‘(I) any offense described in section 2251,
section 2251A or section 2252 of title 18, Unit-
ed States Code (relating to child pornography);
‘‘(J) any offense described in section 1084
of title 18, United States Code, where a sen-
tence of 5 years imprisonment or more may be
imposed;
‘‘(K) any offense relating to commercial
bribery, counterfeiting, forgery or trafficking in
134
vehicles whose identification numbers have been
altered, where a sentence of 5 years imprison-
ment or more may be imposed;
‘‘(L) any offense—
‘‘(i) relating to the owning, control-
ling, managing or supervising of a pros-
titution business,
‘‘(ii) 
described 
in 
section 
2421
through 2424 of title 18, United States
Code, for commercial advantage, or
‘‘(iii) described in sections 1581
through 1585, or section 1588, of title 18,
United States Code (relating to peonage,
slavery, and involuntary servitude);
‘‘(M) any offense relating to perjury or
subornation of perjury where a sentence of 5
years imprisonment or more may be imposed;
‘‘(N) any offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), section 798 (relating to disclosure of
classified information), section 2153 (relat-
ing to sabotage) or section 2381 or section
2382 (relating to treason) of title 18, Unit-
ed States Code, or
135
‘‘(ii) section 421 of title 50, United
States Code (relating to protecting the
identity of undercover intelligence agents);
‘‘(O) any offense—
‘‘(i) involving fraud or deceit where
the loss to the victim or victims exceeded
$200,000; or
‘‘(ii) described in section 7201 of title
26, United States Code (relating to tax
evasion), where the tax loss to the Govern-
ment exceeds $200,000;
‘‘(P) any offense described in section
274(a)(1) of the Immigration and Nationality
Act (relating to alien smuggling) for the pur-
pose of commercial advantage;
‘‘(Q) any violation of section 1546(a) of
title 18, United States Code (relating to docu-
ment fraud), for the purpose of commercial ad-
vantage; or
‘‘(R) any offense relating to failing to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony,
where a sentence of 2 years or more may be
imposed;
136
or any attempt or conspiracy to commit any such
act. Such term applies to offenses described in this
paragraph whether in violation of Federal or State
law and applies to such offenses in violation of the
laws of a foreign country for which the term of im-
prisonment was completed within the previous 15
years.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to all convictions entered before,
on, or after the date of enactment of this Act.
SEC. 
804. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PER-
MANENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject
to paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines 
to 
be 
deportable 
under 
section
137
241(a)(2)(A)(iii) (relating to conviction of an aggra-
vated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings
under this section commenced, or
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.
‘‘(3) The Attorney General may delegate the
authority in this section to the Commissioner or to
any District Director of the Service.
‘‘(4) No alien described in this section shall be
eligible for—
‘‘(A) any relief from deportation that the
Attorney General may grant in his discretion,
or
‘‘(B) relief under section 243(h).
‘‘(5) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, in order that the alien has an opportunity to
apply for judicial review under section 106.’’.
138
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
(2) in subsection (a)(1) and subsection (a)(3),
by inserting ‘‘(including an alien described in section
242A)’’ after ‘‘aggravated felony’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) Notwithstanding subsection (c), a petition for
review or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) TECHNICAL AND CONFORMING CHANGES.—Sec-
tion 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended as follows:
(1) In subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting ‘‘(b) DEPORTATION OF PERMANENT
RESIDENT ALIENS.—(1) IN GENERAL.—’’; and
139
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’;
(2) In subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION.—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’;
(3) By striking out subsection (c);
(4) In subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PRO-
CEEDINGS.—(1)’’ and inserting ‘‘(3) EXPE-
DITED PROCEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’
after ‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) In subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and
inserting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(6) By inserting after the section heading the
following new subsection:
140
‘‘(a) PRESUMPTION OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’; and
(7) The heading of such section is amended to
read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of enactment
of this Act.
SEC. 805. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended by inserting at the end the following new sub-
section:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
142
court shall either grant or deny the relief
sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against
him or her, to present evidence on his or her
own behalf, and to cross-examine witnesses pre-
sented by the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JU-
DICIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
143
party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of
a valid waiver of the right to appeal the convic-
tion on which the order of deportation is based,
the expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry
of a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
notice of the order or deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
144
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AND CONFORMING CHANGES.—The
ninth sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by striking
out ‘‘The’’ and inserting in lieu thereof, ‘‘Except as pro-
vided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens whose adjudication of
guilt or guilty plea is entered in the record after the date
of enactment of this Act.
SEC. 806. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c)
of the Immigration and Nationality Act (8 U.S.C.
1182(c)) is amended by striking out ‘‘has served for such
felony or felonies’’ and all that follows through the period
and inserting in lieu thereof ‘‘has been sentenced for such
felony or felonies to a term of imprisonment of at least
5 years, provided that the time for appealing such convic-
tion or sentence has expired and the sentence has become
final.’’.
145
(b) DEFENSES BASED ON WITHHOLDING OF DEPOR-
TATION.—Section 243(h)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1253(h)(2)) is amended by—
(1) striking out the final sentence and inserting
in lieu thereof the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) striking out the ‘‘or’’ at the end of subpara-
graph (C) and inserting ‘‘or’’ at the end of subpara-
graph (D).
SEC. 807. ENHANCING PENALTIES FOR FAILING TO DE-
PART, OR REENTERING, AFTER FINAL ORDER
OF DEPORTATION.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking out ‘‘paragraph (2), (3), or 4
of’’ the first time it appears, and
(2) by striking out ‘‘shall be imprisoned not
more than ten years’’ and inserting in lieu thereof,
‘‘shall be imprisoned not more than two years, or
shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in
paragraph (2), (3), or (4) of section 241(a).’’.
146
(b) REENTRY.—Section 276(b) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1), by (A) inserting after
‘‘commission of’’ the following: ‘‘three or more mis-
demeanors or’’, and (B) striking out ‘‘5’’ and insert-
ing in lieu thereof ‘‘10’’,
(2) in paragraph (2), by striking out ‘‘15’’ and
inserting in lieu thereof ‘‘20’’, and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘depor-
tation’ shall include any agreement where an alien stipu-
lates to deportation during a criminal trial under either
Federal or State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPOR-
TATION ORDER.—Section 276 of the Immigration and Na-
tionality Act (8 U.S.C. 1326) is amended by inserting
after subsection (b) the following new subsection:
‘‘(c) In any criminal proceeding under this section,
no alien may challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less the alien demonstrates—
‘‘(1) that the alien exhausted the administrative
remedies (if any) that may have been available to
seek relief against such order,
147
‘‘(2) that the deportation proceedings at which
such order was issued improperly deprived the alien
of the opportunity for judicial review, and
‘‘(3) that the entry of such order was fun-
damentally unfair.’’.
SEC. 808. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The sec-
ond sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by insert-
ing before the period the following: ‘‘; except that nothing
in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic
media (with or without the consent of the alien) or, where
waived or agreed to by the parties, in the absence of the
alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.—No amendment made by this Act and
nothing in section 242(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1252(i)), shall be construed to create
any right or benefit, substantive or procedural, which is
legally enforceable by any party against the United States,
its agencies, its officers or any other person.
148
SEC. 
809. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR
CRIMINAL ALIEN INFORMATION SYSTEM.
There is authorized to be appropriated to carry out
section 242(a)(3)(A) of the Immigration and Nationality
Act, $5,000,000 for fiscal year 1994 and $2,000,000 for
each of the fiscal years 1995, 1996, 1997, and 1998.
Subtitle B—Prevention and
Punishment of Alien Smuggling
SEC. 811. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1994, 1995, 1996,
1997, 1998, for salaries and expenses of the Border Patrol
such amounts as may be necessary to provide for an in-
crease in the number of agents of the Border Patrol by
3,000 full-time equivalent agent positions beyond the
number of such positions at the Border Patrol on July
28, 1994.
SEC. 812. BORDER PATROL INVESTIGATORS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1994, 1995, 1996,
1997, 1998, for salaries and expenses of the Border Patrol
such amounts as may be necessary to provide for an in-
crease in the number of investigators of the Border Patrol
by 1,000 full-time equivalent investigator positions beyond
149
the number of such positions at the Border Patrol on July
28, 1994.
SEC. 813. INCLUDING ALIEN SMUGGLING AS A RACKETEER-
ING ACTIVITY FOR PURPOSES OF RACK-
ETEERING INFLUENCED AND CORRUPT OR-
GANIZATIONS 
(RICO) 
ENFORCEMENT 
AU-
THORITY.
Section 1961(1) of title 18, United States Code, is
amended—
(1) by striking ‘‘or’’ before ‘‘(E) any act’’, and
(2) by inserting before the period at the end the
following: ‘‘, or (F) any act which is indictable under
section 274(a)(1) of the Immigration and National-
ity Act (relating to alien smuggling)’’.
SEC. 814. ENHANCED PENALTIES FOR EMPLOYERS WHO
KNOWINGLY EMPLOY SMUGGLED ALIENS.
(a) 
ADDITIONAL
CRIMINAL
PENALTY.—Section
274(a)(1) (8 U.S.C. 1324(a)(1)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(C),
(2) by striking the comma at the end of sub-
paragraph (D) and inserting ‘‘; or’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
150
‘‘(E) contracts or agrees with another party for
that party to provide, for employment by the person
or another, an alien who is not authorized to be em-
ployed in the United States, knowing that such
party intends to cause such alien to be brought into
the United States in violation of the laws of the
United States,’’, and
(4) by striking ‘‘five years’’ and inserting ‘‘ten
years’’.
(b) TREATMENT OF SMUGGLING AS AN AGGRAVATED
FELONY.—The first sentence of section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended by inserting ‘‘or any of-
fense under section 274(a)’’ before ‘‘for which the term
of imprisonment’’.
SEC. 815. ENHANCED PENALTIES FOR CERTAIN ALIEN
SMUGGLING.
Section 274(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1324(a)(1)) is amended by striking ‘‘five
years’’ and inserting ‘‘ten years’’.
SEC. 816. EXPANDED FORFEITURE FOR SMUGGLING OR
HARBORING ILLEGAL ALIENS.
Subsection 274(b) of the Immigration and National-
ity Act (8 U.S.C. 1324(b)) is amended—
(1) by amending paragraph (1) to read as
follows:
151
‘‘(b) SEIZURE AND FORFEITURE.—(1) Any property,
real or personal, which facilitates or is intended to facili-
tate, or which has been used in or is intended to be used
in the commission of a violation of subsection (a) or of
sections 274A(a)(1) or 274A(a)(2), or which constitutes
or is derived from or traceable to the proceeds obtained
directly or indirectly from a commission of a violation of
subsection (a), shall be subject to seizure and forfeiture,
except that—
‘‘(A) no property, used by any person as a com-
mon carrier in the transaction of business as a com-
mon carrier shall be forfeited under the provisions of
this section unless it shall appear that the owner or
other person in charge of such property was a con-
senting party or privy to the illegal act;
‘‘(B) no property shall be forfeited under the
provisions of this section by reason of any act or
omission established by the owner thereof to have
been committed or omitted by any person other than
such owner while such property was unlawfully in
the possession of a person other than the owner in
violation of the criminal laws of the United States
or of any State; and
‘‘(C) no property shall be forfeited under this
paragraph to the extent of an interest of any owner,
152
by reason of any act or omission established by that
owner to have been committed or omitted without
the knowledge or consent of the owner, unless such
action or omission was committed by an employee or
agent of the owner, and facilitated or was intended
to facilitate, or was used in or intended to be used
in, the commission of a violation of subsection (a) or
of section 274A(a)(1) or 274A(a)(2) which was com-
mitted by the owner or which intended to further the
business interests of the owner, or to confer any
other benefit upon the owner.’’.
(2) in paragraph (2)—
(A) by striking ‘‘conveyance’’ both places it
appears and inserting in lieu thereof ‘‘prop-
erty’’; and
(B) by striking ‘‘is being used in’’ and
inserting in lieu thereof ‘‘is being used in, is fa-
cilitating, has facilitated, or was intended to
facilitate’’;
(3) in paragraphs (4) and (5) by striking ‘‘a
conveyance’’ and ‘‘conveyance’’ each place such
phrase or word appears and inserting in lieu thereof
‘‘property’’; and
(4) in paragraph (4) by—
153
(A) striking ‘‘or’’ at the end of subpara-
graph (C),
(B) by striking the period at the end of
subparagraph (D) and inserting ‘‘; or’’, and
(C) by inserting at the end the following
new subparagraph:
‘‘(E) transfer custody and ownership of
forfeited property to any Federal, State, or
local agency pursuant to the Tariff Act of
1930, as amended (19 U.S.C. 1616a(c)).’’.
SEC. 817. COMPENSATION FOR INCARCERATION OF UN-
DOCUMENTED CRIMINAL ALIENS.
(a) COMPENSATION.—(1) The Attorney General
shall, subject to the availability of appropriations, enter
into a contractual arrangement which provides for com-
pensation to the State or a political subdivision of the
State, as may be appropriate, with respect to the incarcer-
ation of an undocumented criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility.
(2) Compensation under paragraph (1) shall be deter-
mined by the Attorney General and shall be equal to the
median State or local cost of incarceration of a prisoner
in all maximum security facilities within the State as de-
termined by the Bureau of Justice Statistics.
154
(b) DEFINITION.—For purposes of this section, the
term ‘‘undocumented criminal alien’’ means an alien
who—
(A) has been convicted of a felony and sen-
tenced to a term of imprisonment; and
(B)(i) entered the United States without inspec-
tion or at any time or place other than as designated
by the Attorney General;
(ii) was the subject of exclusion or deportation
proceedings at the time he or she was taken into
custody by the State or a political subdivision of the
State; or
(iii) was admitted as a nonimmigrant and at
the time he or she was taken into custody by the
State or a political subdivision of the State has
failed to maintain the nonimmigrant status in which
the alien was admitted or to which it was changed,
or to comply with the conditions of any such status.
155
TITLE 
IX—INSTANT 
CHECK,
RURAL DRUG TASK FORCES,
AND ENHANCED DRUG PEN-
ALTIES
Subtitle A—Instant Check System
for Handgun Purchases
SEC. 901. DEFINITIONS.
As used in this chapter:
(1) The term ‘‘background check crime’’ means
a crime punishable by imprisonment for a term ex-
ceeding 1 year within the meaning of section
921(a)(20) of title 18, United States Code.
(2) The term ‘‘handgun’’ has the meaning given
such term in section 921(a)(30) of title 18, United
States Code.
(3) The term ‘‘licensee’’ means a licensed im-
porter, licensed manufacturer, or licensed dealer, as
defined in paragraphs (9), (10), and (11), respec-
tively, of section 921(a) of title 18, United States
Code.
(4) The term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, Guam,
and the Trust Territories of the Pacific.
156
SEC. 902. STATE INSTANT CRIMINAL CHECK SYSTEMS FOR
HANDGUN PURCHASES.
(a) IN GENERAL.—Not later than the date that is
12 months after the date of the enactment of this chapter,
each State shall establish and maintain a system that, on
receipt of an inquiry from a licensee pursuant to section
922(v)(1)(A) of title 18, United States Code, immediately
researches the criminal history of a prospective handgun
transferee, advises the licensee whether its records dem-
onstrate that such transferee is prohibited from receiving
a handgun by reason of subsection (g) or (n) of section
922 of such title, and, if such transferee is not so prohib-
ited, provides the licensee a unique identification number
with respect to the transfer.
(b) ADDITIONAL REQUIREMENTS.—A State instant
criminal check system shall—
(1) provide for the privacy and security of the
information contained in the system at least to the
extent of the protections and remedies provided in
section 552a(g) of title 5, United States Code;
(2) ensure that information provided to the
system 
by 
a 
licensee 
pursuant 
to 
section
922(v)(1)(B)(i) of title 18, United States Code, is
not retained in any form whatsoever, is not conveyed
to any person except a person who has a need to
know to carry out the purpose of that section, and
157
is not used for any purpose other than to carry out
that section; and
(3) provide to a prospective handgun transferee
who is denied receipt of a handgun on the basis of
information provided by the system a procedure for
the correction of erroneous information as otherwise
set forth in this chapter.
(c) PROHIBITIONS ON USES OF INFORMATION.—
(1) RECORDATION BY THE GOVERNMENT.—No
record or portion thereof generated by an inquiry
concerning or a search of the criminal history of a
prospective transferee under a State instant criminal
check system established under subsection (a) shall
be recorded at or transferred to a facility owned,
managed, or controlled by the United States or any
State or political subdivision thereof.
(2) REGISTRATION
OF
OWNERSHIP.—Neither
the United States, nor a State, nor any political sub-
division thereof may use information provided by a
licensee pursuant to a State instant criminal check
system established under subsection (a) of this sec-
tion to establish any system for the registration of
handguns, handgun owners, or handgun transactions
or dispositions, except with respect to persons who
are prohibited from receiving a handgun by reason
158
of subsection (g) or (n) of section 922 of title 18,
United States Code.
SEC. 903. AMENDMENT OF CHAPTER 44 OF TITLE 18,
UNITED STATES CODE.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(30) The term ‘handgun’ means—
‘‘(A) a firearm (other than a firearm that is a
curio or relic under criteria established by the Sec-
retary by regulation) that has a short stock and is
designed to be held and fired by the use of a single
hand; and
‘‘(B) any combination of parts designed and in-
tended to be assembled into such a firearm and from
which such a firearm can be readily assembled.’’.
(b) IDENTIFICATION PROCEDURE.—Section 922 of
such title is amended by adding at the end the following:
‘‘(v)(1) Upon a State instant criminal check system
becoming operational pursuant to chapter 1 of subtitle C
of title VII of the Crime Control Act of 1993, and notice
by an appropriate State official by certified mail to each
licensee in the State that such system is operational, a
licensed importer, licensed manufacturer, or licensed deal-
er shall not knowingly transfer a handgun from the busi-
159
ness inventory of such licensee to any other person who
is not licensed under this chapter before the completion
of the transfer unless—
‘‘(A) the licensee contacts the State instant
criminal check system; and
‘‘(B)(i) the State system notifies the licensee
that the system has not located any record that
demonstrates that the receipt of a handgun by such
other person would violate subsection (g) or (n); or
‘‘(ii) at least 2 hours have elapsed since the li-
censee first contacted the system with respect to the
transfer, and the system has not notified the licensee
that the information available to the system dem-
onstrates that the receipt of a handgun by the per-
son would violate subsection (g) or (n).
‘‘(2) Paragraph (1) shall not apply to a handgun
transfer between a licensee and another person if—
‘‘(A) the other person presents to the licensee
a valid permit or license issued by the State or a po-
litical subdivision of the State in which the transfer
is to occur that authorizes the person to purchase,
possess, or carry a firearm;
‘‘(B) the Secretary has, under section 5812 of
the Internal Revenue Code of 1986, approved the
transfer;
160
‘‘(C) the ability of the licensee to exchange in-
formation with the system described in paragraph
(1) is impaired for a period of more than 8 hours
due to natural or human disaster, insurrection, riot,
hurricane, other act of God, or other circumstance
beyond the control of the licensee; or
‘‘(D) on application of the licensee, the State
instant criminal check system has certified that com-
pliance with paragraph (1)(B)(i) is impracticable be-
cause of the inability of the licensee to communicate
with the system due to the remote location of the li-
censed premises.
‘‘(3) If the State instant criminal check system noti-
fies the licensee that the information available to the sys-
tem does not demonstrate that the receipt of a handgun
by the person would violate subsection (g) or (n), and the
licensee transfers a handgun to the person, the licensee
shall include in the record of the transfer the unique iden-
tification number provided by the system with respect to
the transfer.
‘‘(4)(A) If the licensee knowingly transfers a handgun
to a person and willfully fails to comply with paragraph
(1) with respect to the transfer and, at the time of the
transfer, the State instant criminal check system was op-
erating and information was available to the system dem-
161
onstrating that receipt of a handgun by the person would
violate subsection (g) or (n), the Secretary may, after no-
tice and opportunity for a hearing, suspend for not more
than 12 months or revoke any license issued to the licensee
under section 923, and may impose on the licensee a civil
fine of not more than $10,000.
‘‘(B) Any action by the Secretary under subpara-
graph (A) of this paragraph shall be subject to the proce-
dures and remedies provided in subsections (e) and (f) of
section 923.
‘‘(5) A State employee responsible for providing infor-
mation through a State instant criminal check system
shall not be liable in an action at law for damages for
failure to prevent the sale or transfer of a handgun to
a person whose receipt or possession of a handgun is un-
lawful.
‘‘(6) Notwithstanding any law, rule, or regulation of
a State or political subdivision of a State that requires
a waiting period prior to the receipt or sale of a handgun,
after a State instant criminal check system has been
placed in operation, a licensee may transfer, and a person
may receive, a handgun immediately upon notification of
the licensee pursuant to subparagraph (1)(B)(i). No per-
mit or license shall be required by any State or political
subdivision of a State for such transfer or receipt.’’.
162
(c) PENALTIES.—Section 924(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(6) A person who willfully violates section 922(v)
shall be fined not more than $2,000, imprisoned not more
than 1 year, or both.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this chapter.
SEC. 904. ESTABLISHMENT AND OPERATION OF CRIMINAL
HISTORY SYSTEM.
(a) ESTABLISHMENT OF THE SYSTEM.—Each State
shall establish a system accessible by telephone, and may
establish other electronic means in addition to telephonic
communication, that any licensee, law enforcement officer,
or court of law may contact for criminal history informa-
tion. Information available to a licensee shall be limited
to information concerning a background check crime or
other information concerning whether receipt of a hand-
gun by a prospective transferee would violate subsection
(g) or (n) of section 922 of title 18, United States Code.
Information available to law enforcement officers and to
courts of law shall include information concerning any ar-
rest or conviction for any crime.
163
(b) CONTINUOUS OPERATION.—Each State shall
take such steps as are necessary to ensure that the system
operates continuously and without closing, at all times and
days of each year for purposes of inquiries from law en-
forcement officers, licensees, and courts.
SEC. 905. OPERATION OF SYSTEM FOR PURPOSE OF
SCREENING HANDGUN PURCHASERS.
(a) ACCURACY OF RESPONSES.—Each State shall
take such steps as are necessary to ensure that not more
than 2 percent of initial telephone responses of the system
contain erroneous determinations that receipt of a hand-
gun by a prospective handgun transferee would violate
subsection (g) or (n) of section 922 of title 18, United
States Code.
(b) NOTIFICATION
OF LICENSEES.—On establish-
ment of a system under this section, each respective State
shall notify the Secretary of the Treasury, and the Sec-
retary shall notify each licensee, of the existence and pur-
pose of the system and the telephone number and other
electronic means that may be used to contact the system.
(c) OPERATION OF THE SYSTEM.—
(1) REQUIREMENTS FOR PROVISION OF INFOR-
MATION.—The system established under this section
shall not provide information to any person who
164
places a telephone call to the system with respect to
a person unless—
(A) the system verifies that the caller is a
licensee; and
(B) the licensee—
(i) states that a person seeks to pur-
chase a handgun from the licensee; and
(ii) provides the name, birth date, and
social security account number (or if the
transferee does not have a social security
account number, other identifying informa-
tion about the proposed transferee as re-
quired to make a valid identification).
(2) INFORMATION TO BE PROVIDED.—
(A) IN GENERAL.—If the system receives a
telephone call with respect to the transfer of a
handgun to a person and the requirements of
paragraph (1) of this subsection are met, the
system shall, in accordance with subparagraph
(B) of this paragraph—
(i) if the receipt of a handgun by the
person would violate subsection (g) or (n)
of section 922 of title 18, United States
Code, inform the licensee that the transfer
is disapproved; and
165
(ii) if such a receipt would not be
such a violation—
(I) assign a unique identification
number to the transfer;
(II) provide the licensee with the
number; and
(III) destroy all records of the
system with respect to the call (other
than the identifying number and the
date the number was assigned) and all
records of the system relating to the
person or the transfer.
(B) TIMING.—
(i) PROMPT RESPONSE REQUIRED.—
The system shall make every effort to pro-
vide to the caller the information required
by subparagraph (A) immediately or by re-
turn telephone call without delay.
(ii) RULES GOVERNING DELAYED RE-
SPONSES.—If the system is unable to re-
spond immediately to the inquiry due to
circumstances beyond the control of the
system, the system shall—
(I) advise the caller that the re-
sponse of the system will be delayed
166
and state the reasons for the delay
and the estimated length of the delay;
and
(II) make every effort to provide
the information required by subpara-
graph (A) within 2 hours after the li-
censee first contacted the system with
respect to the transfer.
(d) CORRECTION OF ERRONEOUS SYSTEM.—
(1) ADMINISTRATIVE PROCEDURES.—If the sys-
tem established under this section informs a licensee
that receipt of a handgun by a person would violate
subsection (g) or (n) of section 922 of title 18, Unit-
ed States Code, the person may request the system
to provide the person with a detailed explanation, in
writing, of the reasons therefor. Within 5 days after
receipt of such a request, the system shall comply
with the request. The requestor may submit to the
system information to correct, clarify, or supplement
records of the system with respect to the requestor.
Within 5 days after receipt of such information, the
system shall consider such information, investigate
the matter further, correct all erroneous records re-
lating to the requestor, and notify any department
or agency of the United States or of any State or
167
political subdivision of a State that was the source
of the erroneous records or such errors.
(2) PRIVATE COURSE OF ACTION.—After all ad-
ministrative remedies are exhausted and such
records are not corrected, a person disapproved for
the purchase or receipt of a handgun because the
system established under this section provided erro-
neous information relating to the person may bring
an action in any court of competent jurisdiction
against the United States, or any State or political
subdivision of a State that is the source of the erro-
neous information, for damages (including con-
sequential damages), injunctive relief, mandamus,
and such other relief as the court may deem appro-
priate. If the person prevails in the action, the court
shall allow the person a reasonable attorney’s fee as
part of the costs.
SEC. 906. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
The Attorney General shall expedite—
(1) the incorporation of the remaining State
criminal history records into the Federal criminal
records systems maintained by the Federal Bureau
of Investigation; and
168
(2) the development of hardware and software
systems to link State criminal history check systems
into the National Crime Information Center.
SEC. 907. ACCESS TO STATE CRIMINAL RECORDS.
(a) MEANS OF COMMUNICATION.—Not later than 60
days after the date of the enactment of this chapter, the
Attorney General shall—
(1) determine the type of computer hardware
and software that shall be used to operate the Fed-
eral criminal records system and the means by which
State criminal records system shall communicate
with the Federal system;
(2) investigate the criminal records system of
each State and determine for each State the extent
of such accessible criminal records that each State
shall be able to provide thereafter to the Federal
system by the effective date of section 902; and
(3) notify each State of the determination made
pursuant to paragraphs (1) and (2).
(b) FEDERAL SYSTEM.—Not later than the effective
date of section 902, the Attorney General shall provide
to each State access to the Federal Crime Information
Center, including the records of other States through a
network, for the purpose of permitting the State to con-
169
duct instant criminal background checks required by that
section.
SEC. 908. IMPROVEMENTS IN STATE RECORDS.
(a) IN GENERAL.—Section 509(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3759(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
paragraphs (1), (2), and (3) and the records re-
quired by this Act with the Attorney General for the
purpose of implementing this Act.’’.
(b) ADDITIONAL FUNDING.—Section 509 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by adding at the end the
following:
‘‘(e) In addition to other funds authorized in this Act,
there are authorized to be appropriated for fiscal year
1994, to be available until expended, $21,000,000 for the
purpose of implementing subsection (b)(4).’’.
170
(c) WITHHOLDING FUNDS.—
(1) Effective on the effective date of section
902 of this Act, the Attorney General may refuse to
make grants under title I of the Omnibus Crime
Control and Safe Streets Act of 1968 to a State that
does not establish and operate a State criminal
background check system in compliance with this
chapter.
(2) Effective 1 year after the date of the enact-
ment of this chapter, the Attorney General may re-
duce by up to 10 percent the allocation to a State
for a fiscal year under title I of the Omnibus Crime
Control and Safe Streets Act of 1968 of a State that
is not in compliance with this chapter, and the por-
tion of the amounts that are appropriated for alloca-
tion to the States under such title for the fiscal year
that is equal to the amount of the reduction shall
thereby be rescinded.
SEC. 909. FUNDING OF STATE CRIMINAL RECORDS SYS-
TEMS AND DEDICATION OF FUNDS.
(a) INCREASE IN SPECIAL ASSESSMENTS.—Section
3013(a) of title 18, United States Code, is amended—
(1) in paragraph (1)(A)(iii), by striking ‘‘$25’’
and inserting ‘‘$30’’;
171
(2) in paragraph (2)(A), by striking ‘‘$50’’ and
inserting ‘‘$75’’; and
(3) in paragraph (2)(B), by striking ‘‘$200’’
and inserting ‘‘$250’’.
(b) SYSTEMS
FOR
SCREENING
HANDGUN
PUR-
CHASERS AND FOR CRIMINAL JUSTICE PURPOSES.—Not-
withstanding any other law, $5 of each assessment col-
lected under section 3013(a)(1)(A)(iii) of title 18, United
States Code, $25 of each assessment collected under sub-
section (a)(2)(A) of that section, and $50 of each assess-
ment collected under subsection (a)(2)(B) of that section
shall be paid to the States, in proportion to the respective
populations thereof, for the purposes of carrying out this
chapter.
SEC. 910. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as are necessary to carry out this
chapter.
(b) LIMITATION ON USE.—No appropriation, grant,
or fund authorized under this chapter shall be used for
any purpose other than the creation, maintenance, and op-
eration of systems for access to criminal history records
and screening systems for handgun purchasers as provided
in this chapter.
172
Subtitle B—Drug Trafficking in
Rural Areas
SEC. 911. 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’’.
SEC. 912. 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 ex-
ecutive officers of State and local law enforcement agen-
cies, shall establish a Rural Crime and Drug Enforcement
Task Force in each of the Federal judicial districts which
encompass significant rural lands. Assets seized as a re-
sult of investigations initiated by a Rural Drug Enforce-
ment Task Force shall be used primarily to enhance the
173
operations of the task force and its participating State and
local law enforcement agencies.
(b) TASK FORCE MEMBERSHIP.—The task forces es-
tablished 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 law enforcement agencies as the Attorney
General may direct.
SEC. 913. 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
Omnibus Crime Control and Safe Streets Act of 1968 with
jurisdiction to enforce the provisions of the Controlled
Substances Act on non-Federal lands and title 18 of the
174
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. 914. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED
TRAINING
FOR
RURAL
OFFI-
CERS.—The Director of the Federal Law Enforcement
Training Center shall develop a specialized course of in-
struction devoted to training law enforcement officers
from rural agencies in the investigation of drug trafficking
and related crimes.
(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. 915. MORE AGENTS FOR THE DRUG ENFORCEMENT
ADMINISTRATION.
There are authorized to be appropriated for the hir-
ing of additional Drug Enforcement Administration
agents $20,000,000 for each of fiscal years 1994, 1995,
1996, 1997, and 1998.
176
amended by striking ‘‘5 kilograms’’ and inserting
‘‘50 grams’’.
(b) 5 GRAM TRAFFICKING PENALTY.—
(1) Section 401(b)(1)(B) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(B)) is amended by
striking clause (iii).
(2) Section 401(b)(1)(B)(ii) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(B)(ii)) is
amended by striking ‘‘500 grams’’ and inserting ‘‘5
grams’’.
(c) 50 GRAM PENALTY IMPORT PENALTY.—
(1) Section 1010(b)(1) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(1)) is amended by striking out subparagraph
(C).
(2) Section 1010(b)(1)(B) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)(1)(B)) is amended by striking ‘‘5 kilograms’’
and inserting ‘‘50 grams’’.
(d) 5 GRAM PENALTY IMPORT PENALTY.—
(1) Section 1010(b)(2) of the Controlled Sub-
stances Import and Export Act (21 U.S.C.
960(b)(2)) is amended by striking out subparagraph
(C).
177
(2) Section 1010(b)(2)(B) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)(2)(B)) is amended by striking ‘‘500 grams’’
and inserting ‘‘5 grams’’.
(e) POSSESSION PENALTY.—Section 404(a) of the
Controlled Substances Act (21 U.S.C. 844(a)) is amended
in the sentence that begins ‘‘Notwithstanding the preced-
ing sentence’’ by striking ‘‘cocaine base’’ and inserting
‘‘cocaine’’.
(f) SENTENCING GUIDELINES.—The United States
Sentencing Commission shall promulgate such amend-
ments to the Sentencing Guidelines as are necessary to
conform those Guidelines to the amendments made by this
section.
TITLE X—MISCELLANEOUS
SEC. 1001. AWARDS OF PELL GRANTS TO PRISONERS PRO-
HIBITED.
(a) IN GENERAL.—Section 401(b)(8) the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amend-
ed to read as follows:
‘‘(8) No basic grant shall be awarded under this sub-
part to any individual who is incarcerated in any Federal
or State penal institution.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to periods of enroll-
178
ment beginning on or after the date of enactment of this
Act.
SEC. 1002. PROFESSIONAL AND COMMERICAL LICENCES.
A person who is incarcerated in a Federal or State
penal institution shall be ineligible for any professional or
commercial licence provided by any agency or authority
of the United States.
SEC. 1003. LIMITATIONS ON PAYMENT OF OASDI BENEFITS
TO PRISONERS.
Section 202(x) of the Social Security Act (42 U.S.C.
402(x)) is amended—
(1) in paragraph (1), by striking ‘‘pursuant to’’
and all that follows and inserting the following:
‘‘pursuant to his conviction of a criminal offense
under applicable law.’’; and
(2) in paragraph (3), by striking ‘‘pursuant to
his conviction of an offense which constituted a fel-
ony under applicable law’’ and inserting ‘‘pursuant
to his conviction of a criminal offense under applica-
ble law’’.
SEC. 1004. LIMITATION ON USE OF VETERANS’ EDU-
CATIONAL ASSISTANCE BY PRISONERS.
(a) IN GENERAL.—Chapter 53 of title 38, United
States Code, is amended by inserting after section 5313
the following new section:
179
‘‘§ 5313A. Limitation on use of veterans’ educational
assistance by prisoners
‘‘(a)(1) To the extent provided in subsection (c) of
this section, any person who is entitled to educational as-
sistance under chapters 30, 32, 32, 35, or 36 of this title
and who is incarcerated in a Federal, State, or local penal
institution for a period in excess of sixty days for convic-
tion of a felony shall not be entitled to use such assistance
at any time during the period beginning on the sixty-first
day of such incarceration and ending on the day such in-
carceration ends.
‘‘(2) The provisions of paragraph (1) of this sub-
section shall not apply with respect to any period during
which a person is participating in a work-release program
or is residing in a halfway house.
‘‘(b) The period of entitlement to veterans edu-
cational assistance under chapters 30, 32, 32, 35, or 36
of this title does not include the period of incarceration
described in subsection (a)(1).
‘‘(c) The provisions of subsection (a) of this section
shall apply—
‘‘(1) with respect to any period of incarceration
of a person for conviction of a felony committed
after the date of the enactment of this section, and
‘‘(2) with respect to any period of incarceration
on or after the date of enactment of this section for
180
conviction of a felony of a person who on such the
date is incarcerated for conviction of such felony and
with respect to whom an approved course of edu-
cation begins after such date.’’.
(b) CLERICAL AMENDMENT.—The table of contents
at the beginning of chapter 53 of title 38, United States
Code, is amended by inserting after the item relating to
section 5313 the following:
‘‘5313A. Limitation on use of veterans’ educational assistance by pris-
oners.’’.
TITLE XI—PENALTIES FOR HAR-
ASSMENT OR OBSTRUCTION
OF LAWFUL HUNTING
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Recreational Hunting
Safety and Preservation Act of 1994’’.
SEC. 1102. FINDINGS.
Congress finds that—
(1) recreational hunting, when carried out pur-
suant to law (as implemented by the regulations of
Federal and State wildlife management agencies) is
a necessary and beneficial element in the proper con-
servation and management of healthy, abundant,
and biologically diverse wildlife resources;
(2) recreational hunters (because of a generally
demonstrated concern with the conservation of wild-
181
life resources and preservation of habitat necessary
for the breeding and maintenance of healthy wildlife
populations, and through a familiarity with the re-
sources gained from experience in the field) are a
valuable asset in ensuring enlightened public input
into decisions regarding management and mainte-
nance programs for wildlife resources and habitat;
(3)(A) recreational hunting supports industries
highly significant to the national economy through
sales in interstate commerce of sporting goods; and
(B) the Federal excise taxes imposed on the
sales provide a major source of funding for vital pro-
grams of wildlife conservation and management;
(4) various persons are engaging in (and have
announced an intent to continue to engage in) a va-
riety of disruptive activities with the premeditated
purpose of preventing and interfering with the con-
duct of lawful recreational hunting on Federal lands,
which activities—
(A) place both recreational hunters and the
disruptive persons in imminent jeopardy of
grave physical injury or death;
(B) disrupt the peaceful, lawful, and pru-
dent conduct of wildlife population and habitat
182
management programs by Federal and State
wildlife management agencies; and
(C) ultimately may alter the planned pro-
gram objectives, resulting in—
(i) undesirable patterns of activity
within populations of wildlife;
(ii) the endangerment of the future vi-
ability of wildlife species; and
(iii) damage to habitat values;
(5) Federal lands comprise important wildlife
habitat resources that—
(A) support many large, diverse, and vital
populations of wildlife; and
(B) offer significant opportunities for legal
recreational hunting as an important manage-
ment tool to ensure the future viability of the
wildlife populations;
(6) it is the right of citizens of the United
States freely to enjoy lawful recreational hunting on
Federal lands in accordance with regulations pro-
mulgated by Federal and State wildlife management
agencies; and
(7) in many instances under current law, vague-
ness and ambiguity exist regarding the application
183
of State laws and enforcement activities relating
to—
(A) the safety of hunters; and
(B) the legal rights of recreational hunters
to participate peacefully in lawful hunts on
Federal lands.
SEC. 1103. DEFINITIONS.
As used in this title:
(1) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) LAWFUL HUNT.—The term ‘‘lawful hunt’’
means an occasion when an individual is engaged in
the taking or harvesting (or attempted taking or
harvesting) through a legal means and during a
specified legal season of a wildlife or fish, on Federal
lands, which activity—
(A)(i) is authorized by or licensed under
the law of the State in which it takes place; or
(ii) is regulated by game or fishing seasons
established by the State in which it takes place;
184
(B) is not prohibited by a law of the Unit-
ed States; and
(C) does not infringe upon a right of an
owner of private property.
(3) NATIONAL
FOREST.—The term ‘‘national
forest’’ means lands included in the National Forest
System (as defined in section 11(a) of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1609(a))).
(4) NATIONAL
PARK.—The term ‘‘national
park’’ means lands and waters included in the na-
tional park system (as defined in section 2(a) of the
Act entitled ‘‘An Act to facilitate the management of
the National Park System and miscellaneous areas
administered in connection with that system, and for
other purposes’’, approved August 8, 1953 (16
U.S.C. 1c(a))).
(5) PUBLIC LANDS.—The term ‘‘public lands’’
has the same meaning as is provided in section
103(e) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702(e)).
(6) 
SECRETARY.—The 
term 
‘‘Secretary’’
means—
(A) the Secretary of Agriculture with re-
spect to national forests; and
185
(B) the Secretary of the Interior with re-
spect to—
(i) public lands;
(ii) national parks; and
(iii) wildlife refuges.
(7) WILDLIFE
REFUGE.—The term ‘‘wildlife
refuge’’ means lands and waters included in the Na-
tional Wildlife Refuge System (as established by sec-
tion 4 of the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd)).
SEC. 1104. OBSTRUCTION OF A LAWFUL HUNT.
(a) VIOLATION.—It is unlawful for a person know-
ingly and with the intent of obstructing, impeding, or
interfering with a lawful hunt by an individual to—
(1) obstruct, impede, or otherwise interfere with
a lawful hunt by an individual;
(2) engage in activities that prevent or impede
the reasonable and usual means of access by those
individuals who intend to participate in a lawful
hunt, whether the activities occur on Federal lands
or upon a public or private road, highway, path,
trail, or other normal route of access to Federal
lands;
186
(3) take or abuse property, equipment, or hunt-
ing dogs being used in conjunction with a lawful
hunt; or
(4) enter onto Federal lands or travel in inter-
state commerce to further—
(A) a scheme or effort to obstruct, impede,
or otherwise interfere with a lawful hunt; or
(B) the efforts of another person to ob-
struct, impede, or interfere with a lawful hunt.
(b) MULTIPLE VIOLATIONS.—The Secretary may
consider participation by a person in more than one of
the activities described in this section to constitute mul-
tiple violations.
SEC. 1105. CIVIL PENALTIES.
(a) IN GENERAL.—A person who engages in an activ-
ity described in section 1104 shall be assessed a civil pen-
alty of not less than $500, and not more than $5,000,
for each violation.
(b) VIOLATION INVOLVING FORCE OR VIOLENCE.—
Upon a determination by a court that the activity involved
the use of force or violence, or the threatened use of force
or violence, against the person or property of another per-
son, a person who engages in an activity described in sec-
tion 1104 shall be assessed a civil penalty of not less than
$1,000, and not more than $10,000, for each violation.
187
(c) RELATIONSHIP
TO OTHER PENALTIES.—The
penalties established by this section shall be in addition
to other criminal or civil penalties that may be levied
against the person as a result of an activity in violation
of section 1104.
(d) PROCEDURE.—
(1) 
COMPLAINTS
FROM
GOVERNMENT
AGENTS.—Upon receipt of a written complaint from
an officer, employee, or agent of the Forest Service,
Bureau of Land Management, National Park Serv-
ice, United States Fish and Wildlife Service, or
other Federal agency that a person violated section
1104, the Secretary shall—
(A) forward the complaint to the United
States Attorney for the Federal judicial district
in which the violation is alleged to have oc-
curred; and
(B) request the Attorney General of the
United States to institute a civil action for the
imposition and collection of the civil penalty
specified in subsection (a) or (b).
(2) COMPLAINTS
FROM
INDIVIDUALS.—Upon
receipt of a sworn affidavit from an individual and
a determination by the Secretary that the statement
contains sufficient factual data to create a reason-
188
able belief that a violation of section 1104 has oc-
curred, the Secretary shall—
(A) forward a complaint to the United
States Attorney for the Federal judicial district
in which the violation is alleged to have oc-
curred; and
(B) request the Attorney General of the
United States to institute a civil action for the
imposition and collection of the civil penalty
specified in subsection (a) or (b).
(e) USE OF PENALTY MONEY COLLECTED.—After
deduction of costs attributable to collection, money col-
lected from penalties shall be—
(1) deposited into the trust fund established
pursuant to the Act entitled ‘‘An Act to provide that
the United States shall aid the States in wildlife-res-
toration projects, and for other purposes’’, approved
September 2, 1937 (16 U.S.C. 669) (commonly
known as the ‘‘Pitman-Robertson Wildlife Restora-
tion Act’’), to support the activities authorized by
such Act and undertaken by State wildlife manage-
ment agencies; or
(2) used in such other manner as the Secretary
determines will enhance the funding and implemen-
tation of—
189
(A) the North American Waterfowl Man-
agement Plan signed by the Secretary of the In-
terior and the Minister of Environment for
Canada in May 1986; or
(B) a similar program that the Secretary
determines will enhance wildlife management—
(i) on Federal lands; or
(ii) on private or State-owned lands
when the efforts will also provide a benefit
to wildlife management objectives on Fed-
eral lands.
SEC. 1106. OTHER RELIEF.
(a) INJUNCTIVE RELIEF.—Injunctive relief against a
violation of section 1104 may be sought by—
(1) the head of a State agency with jurisdiction
over fish or wildlife management;
(2) the Attorney General of the United States;
or
(3) any person who is or would be adversely af-
fected by the violation, or a hunting or sportsman’s
organization to which the person belongs.
(b) DAMAGES AND ATTORNEY’S FEES.—Any person
who is or would be adversely affected by a violation of
section 1104, or a hunting or sportsman’s organization to
190
which the person belongs, may bring a civil action to
recover—
(1) actual and punitive damages; and
(2) reasonable attorney’s fees.
SEC. 1107. RELATIONSHIP TO STATE AND LOCAL LAW AND
CIVIL ACTIONS.
(a) LAW OR ORDINANCE.—This title is not intended
to preempt a State law or local ordinance that provides
for civil or criminal penalties for a person who obstructs
or otherwise interferes with a lawful hunt.
(b) CIVIL ACTION.—The bringing of an action pursu-
ant to this title shall not prevent an independent action
against a person under a State law or local ordinance.
SEC. 1108. REGULATIONS.
The Secretary may issue such regulations as are nec-
essary to carry out this title.
TITLE XII—VIOLENT CRIME
REDUCTION TRUST FUND
SEC. 1201. PURPOSES.
The Congress declares it essential—
(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
191
by the Report of the National Performance Review,
conducted 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. 1202. 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 include the General Accounting Office.
(b) LIMITATIONS ON FULL-TIME EQUIVALENT POSI-
TIONS.—The President, through the Office of Manage-
ment and Budget (in consultation with the Office of Per-
sonnel 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;
(4) 1,963,593 during fiscal year 1997; and
(5) 1,923,339 during fiscal year 1998.
192
(c) MONITORING AND NOTIFICATION.—The Office of
Management and Budget, after consultation with the Of-
fice 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 fis-
cal 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 em-
ployee for any position is such agency until the Office of
Management and Budget notifies the President and the
Congress that the total number of full-time equivalent po-
sitions 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—
(1) a determination by the President of the ex-
istence of war or a national security requirement; or
193
(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. 1203. 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 1202 of the People’s Protection Crime
Control Act of 1994 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
following 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
‘‘(5) for fiscal year 1998, $8,545,000,000.
‘‘(c) Notwithstanding any other provision of law—
194
‘‘(1) the amounts in the Violent Crime Reduc-
tion Trust Fund may be appropriated exclusively for
the purposes authorized in the People’s Protection
Crime Control Act of 1994;
‘‘(2) the amounts in the Violent Crime Reduc-
tion Trust Fund and appropriations under para-
graph (1) of this section shall be excluded from, and
shall not be taken into account for purposes of, any
budget enforcement procedures under the Congres-
sional 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 out-
lays that flow from budget authority actually appro-
priated.’’.
(b) LISTING OF THE VIOLENT CRIME REDUCTION
TRUST FUND AMONG GOVERNMENT TRUST FUNDS.—
Section 1321(a) of title 31, United States Code, is amend-
ed by inserting at the end thereof the following new para-
graph:
‘‘(91) Violent Crime Reduction Trust Fund.’’.
(c) REQUIREMENT FOR THE PRESIDENT TO REPORT
ANNUALLY ON THE STATUS OF THE ACCOUNT.—Section
195
1105(a) of title 31, United States Code, is amended by
adding 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 pro-
posed reductions in full-time equivalent positions
compared to the current year’s level in order to com-
ply with section 1202 of the People’s Protection
Crime Control Act of 1994.’’.
SEC. 1204. CONFORMING REDUCTION IN DISCRETIONARY
SPENDING LIMITS.
The Director of the Office of Management and Budg-
et shall, upon enactment of this Act, reduce the discre-
tionary spending limits set forth in section 601(a)(2) of
the Congressional 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.
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