173
(3) the term ‘‘child’’ means a person who is a
child for purposes of the criminal child abuse law of
a State;
(4) the term ‘‘child abuse’’ means the physical
or mental injury, sexual abuse or exploitation, ne-
glectful treatment, negligent treatment, or maltreat-
ment of a child by any person in violation of the
criminal child abuse laws of a State, but does not in-
clude discipline administered by a parent or legal
guardian to his or her child provided it is reasonable
in manner and moderate in degree and otherwise
does not constitute cruelty;
(5) the term ‘‘child abuse crime’’ means a crime
committed under any law of a State that establishes
criminal penalties for the commission of child abuse
by a parent or other family member of a child or by
any other person;
(6) the term ‘‘child abuse crime information’’
means the following facts concerning a person who
is under indictment for, or has been convicted of, a
child abuse crime: full name, social security number,
age, race, sex, date of birth, height, weight, hair and
eye color, legal residence address, a brief description
of the child abuse crime or offenses for which the
person is under indictment or has been convicted,
174
and any other information that the Attorney General
determines may be useful in identifying persons
under indictment for, or convicted of, a child abuse
crime;
(7) the term ‘‘child care’’ means the provision
of care, treatment, education, training, instruction,
supervision, or recreation to children;
(8) the term ‘‘domestic violence’’ means a fel-
ony or misdemeanor involving the use or threatened
use of force by—
(A) a present or former spouse of the vic-
tim;
(B) a person with whom the victim shares
a child in common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
(D) any person defined as a spouse of the
victim under the domestic or family violence
laws of a State;
(9) the term ‘‘exploitation’’ means child pornog-
raphy and child prostitution;
(10) the term ‘‘mental injury’’ means harm to
a child’s psychological or intellectual functioning,
which may be exhibited by severe anxiety, depres-
sion, withdrawal or outward aggressive behavior, or
175
a combination of those behaviors or by a change in
behavior, emotional response, or cognition;
(11) the term ‘‘national criminal background
check system’’ means the system of information and
identification relating to convicted and accused child
abuse offenders that is maintained by the Attorney
General under this subtitle;
(12) the term ‘‘negligent treatment’’ means the
failure to provide, for a reason other than poverty,
adequate food, clothing, shelter, or medical care so
as to seriously endanger the physical health of a
child;
(13) the term ‘‘physical injury’’ includes lacera-
tions, fractured bones, burns, internal injuries, se-
vere bruising, and serious bodily harm;
(14) the term ‘‘provider’’ means
(A) a person who—
(i) is employed by or volunteers with
a qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsuper-
vised access to a child to whom the quali-
fied entity provides child care; and
(B) a person who—
176
(i) seeks to be employed by or volun-
teer with a qualified entity;
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have unsu-
pervised access to a child to whom the
qualified entity provides child care;
(15) the term ‘‘qualified entity’’ means a busi-
ness or organization, whether public, private, for-
profit, not-for-profit, or voluntary, that provides
child care or child care placement services, including
a business or organization that licenses or certifies
others to provide child care or child care placement
services;
(16) the term ‘‘sex crime’’ means an act of sex-
ual abuse that is a criminal act;
(17) the term ‘‘sexual abuse’’ includes the em-
ployment, use, persuasion, inducement, enticement,
or coercion of a child to engage in, or assist another
person to engage in, sexually explicit conduct or the
rape, molestation, prostitution, or other form of sex-
ual exploitation of children or incest with children;
and
(18) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto
177
Rico, American Samoa, the Virgin Islands, Guam,
and the Trust Territories of the Pacific.
SEC. 644. REPORTING BY THE STATES.
(a) IN GENERAL.—An authorized agency of a State
shall report child abuse crime information to the national
criminal background check system.
(b) PROVISION
OF STATE CHILD ABUSE CRIME
RECORDS TO THE NATIONAL CRIMINAL BACKGROUND
CHECK SYSTEM.—(1) Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall—
(A) investigate the criminal records of each
State and determine for each State a timetable by
which the State should be able to provide child
abuse crime records on an on-line capacity basis to
the national criminal background check system;
(B) establish guidelines for the reporting of
child abuse crime information, including guidelines
relating to the format, content, and accuracy of child
abuse crime information and other procedures for
carrying out this subtitle; and
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State—
178
(A) achieve, by not later than the date that is
3 years after the date of enactment of this Act, at
least 80 percent currency of child abuse crime case
dispositions in computerized criminal history files for
all child abuse crime cases in which there has been
an entry of activity within the last 5 years; and
(B) continue to maintain such a system.
(c) EXCHANGE
OF INFORMATION.—An authorized
agency of a State shall maintain close liaison with the Na-
tional Center on Child Abuse and Neglect, the National
Center for Missing and Exploited Children, and the Na-
tional Center for the Prosecution of Child Abuse for the
exchange of information and technical assistance in cases
of child abuse.
(d) ANNUAL SUMMARY.—(1) The Attorney General
shall publish an annual statistical summary of the child
abuse crime information reported under this subtitle.
(2) The annual statistical summary described in
paragraph (1) shall not contain any information that may
reveal the identity of any particular victim of a crime.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in
reporting child abuse crime information to the national
criminal background check system.
179
(f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not
later than 180 days after the date of enactment of this
Act, the Administrator of the Office of Juvenile Justice
and Delinquency Prevention shall begin a study based on
a statistically significant sample of convicted child abuse
offenders and other relevant information to determine—
(A) the percentage of convicted child abuse of-
fenders who have more than 1 conviction for an of-
fense involving child abuse;
(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense in-
volving child abuse in more than 1 State;
(C) whether there are crimes or classes of
crimes, in addition to those defined as background
check crimes in section 643, that are indicative of a
potential to abuse children; and
(D) the extent to which and the manner in
which instances of child abuse form a basis for con-
victions for crimes other than child abuse crimes.
(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
Chairman of the Committee on the Judiciary of the Senate
and the Chairman of the Committee on the Judiciary of
the House of Representatives containing a description of
180
and a summary of the results of the study conducted pur-
suant to paragraph (1).
SEC. 645. BACKGROUND CHECKS.
(a) IN GENERAL.—(1) A State may have in effect
procedures (established by or under State statute or regu-
lation) to permit a qualified entity to contact an author-
ized agency of the State to request a nationwide back-
ground check for the purpose of determining whether
there is a report that a provider is under indictment for,
or has been convicted of, a background check crime.
(2) The authorized agency shall access and review
State and Federal records of background check crimes
through the national criminal background check system
and other criminal justice recordkeeping systems and shall
respond promptly to the inquiry.
(b) GUIDELINES.—(1) The Attorney General shall es-
tablish guidelines for State background check procedures
established under subsection (a), including procedures for
carrying out the purposes of this subtitle.
(2) The guidelines established under paragraph (1)
shall require—
(A) that no qualified entity may request a back-
ground check of a provider under subsection (a) un-
less the provider first completes and signs a state-
ment that—
181
(i) contains the name, address, and date of
birth appearing on a valid identification docu-
ment (as defined by section 1028(d)(1) of title
18, United States Code) of the provider;
(ii) the provider is not under indictment
for, and has not been convicted of, a back-
ground check crime and, if the provider is
under indictment for or has been convicted of
a background check crime, contains a descrip-
tion of the crime and the particulars of the in-
dictment or conviction;
(iii) notifies the provider that the entity
may request a background check under sub-
section (a);
(iv) notifies the provider of the provider’s
rights under subparagraph (B); and
(v) notifies the provider that prior to the
receipt of the background check the qualified
entity may choose to deny the provider unsuper-
vised access to a child to whom the qualified en-
tity provides child care;
(B) that each State establish procedures under
which a provider who is the subject of a background
check under subsection (a) is entitled—
182
(i) to obtain a copy of any background
check report and any record that forms the
basis for any such report; and
(ii) to challenge the accuracy and com-
pleteness of any information contained in any
such report or record and obtain a prompt de-
termination from an authorized agency as to
the validity of such challenge;
(C) that an authorized agency to which a quali-
fied entity has provided notice pursuant to sub-
section (a) make reasonable efforts to complete re-
search in whatever State and local recordkeeping
systems are available and in the national criminal
background check system and respond to the quali-
fied entity within 15 business days;
(D) that the response of an authorized agency
to an inquiry pursuant to subsection (a) inform the
qualified entity that the background check pursuant
to this section—
(i) may not reflect all indictments or con-
victions for a background check crime;
(ii) is not certain to include arrest infor-
mation; and
(iii) should not be the sole basis for deter-
mining the fitness of a provider;
183
(E) that the response of an authorized agency
to an inquiry pursuant to subsection (a)—
(i) at a minimum, state whether the back-
ground check information set forth in the iden-
tification document required under subpara-
graph (A) is complete and accurate; and
(ii) be limited to the information reason-
ably required to accomplish the purposes of this
subtitle;
(F) that no qualified entity may take action ad-
verse to a provider, except that the qualified entity
may choose to deny the provider unsupervised access
to a child to whom the qualified entity provides child
care, on the basis of a background check under sub-
section (a) until the provider has obtained a deter-
mination as to the validity of any challenge under
subparagraph (B) or waived the right to make such
challenge;
(G) that each State establish procedures to en-
sure that any background check under subsection
(a) and the results thereof shall be requested by and
provided only to—
(i) qualified entities identified by States;
184
(ii) authorized representatives of a quali-
fied entity who have a need to know such infor-
mation;
(iii) the providers;
(iv) law enforcement authorities; or
(v) pursuant to the direction of a court of
law;
(H) that background check information con-
veyed to a qualified entity pursuant to subsection (a)
shall not be conveyed to any person except as pro-
vided under subparagraph (G);
(I) that an authorized agency shall not be liable
in an action at law for damages for failure to pre-
vent a qualified entity from taking action adverse to
a provider on the basis of a background check; and
(J) that a State employee or a political subdivi-
sion of a State or employee thereof responsible for
providing information to the national criminal back-
ground check system shall not be liable in an action
at law for damages for failure to prevent a qualified
entity from taking action adverse to a provider on
the basis of a background check.
(c) EQUIVALENT PROCEDURES.—(1) Notwithstand-
ing anything to the contrary in this section, the Attorney
General may certify that a State licensing or certification
185
procedure that differs from the procedures described in
subsections (a) and (b) shall be deemed to be the equiva-
lent of such procedures for purposes of this subtitle, but
the procedures described in subsections (a) and (b) shall
continue to apply to those qualified entities, providers, and
background check crimes that are not governed by or in-
cluded within the State licensing or certification proce-
dure.
(2) The Attorney General shall by regulation estab-
lish criteria for certifications under this subsection. Such
criteria shall include a finding by the Attorney General
that the State licensing or certification procedure accom-
plishes the purposes of this subtitle and incorporates a na-
tionwide review of State and Federal records of back-
ground check offenses through the national criminal back-
ground check system.
(d) RECORDS EXCHANGE.—The Attorney General
may exchange Federal Bureau of Investigation identifica-
tion records with authorized agencies for purposes of back-
ground checks under subsection (a) and may by regulation
authorize further dissemination of such records by author-
ized agencies for such purposes.
(e) REGULATIONS.—(1) The Attorney General shall
by regulation prescribe such other measures as may be
required to carry out the purposes of this subtitle, includ-
186
ing measures relating to the security, confidentiality, accu-
racy, use, misuse, and dissemination of information, and
audits and recordkeeping.
(2) The Attorney General shall, to the maximum ex-
tent possible, encourage the use of the best technology
available in conducting background checks.
SEC. 646. FUNDING FOR IMPROVEMENT OF CHILD ABUSE
CRIME INFORMATION.
(a) USE OF FORMULA GRANTS FOR IMPROVEMENTS
IN STATE RECORDS AND SYSTEMS.—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) in paragraph (2) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (3) by striking the period 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 the Attorney General under section 744 of
the National Child Protection Act of 1993 with the
Attorney General for the purpose of implementing
the National Child Protection Act of 1993.’’.
187
(b) ADDITIONAL FUNDING GRANTS FOR THE IM-
PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—
(1) The Attorney General shall, subject to appropriations
and with preference to States that as of the date of enact-
ment of this Act have the lowest percent currency of case
dispositions in computerized criminal history files, make
a grant to each State to be used—
(A) for the computerization of criminal history
files for the purposes of this subtitle;
(B) for the improvement of existing computer-
ized criminal history files for the purposes of this
subtitle;
(C) to improve accessibility to the national
criminal background check system for the purposes
of this subtitle; and
(D) to assist the State in the transmittal of
criminal records to, or the indexing of criminal his-
tory records in, the national criminal background
check system for the purposes of this subtitle.
(2) There are authorized to be appropriated for
grants under paragraph (1) a total of $20,000,000 for fis-
cal years 1993, 1994, and 1995.
(c) WITHHOLDING STATE FUNDS.—Effective 1 year
after the date of enactment of this Act, the Attorney Gen-
eral may reduce by up to 10 percent the allocation to a
188
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 the timetable established for that
State under section 644 of this Act.
Subtitle 
E—Jacob 
Wetterling
Crimes Against Children Reg-
istration Act
SEC. 651. SHORT TITLE.
This subtitle may be cited as the ‘‘Jacob Wetterling
Crimes Against Children Registration Act’’.
SEC. 652. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General
shall establish guidelines for State programs requir-
ing any person who is convicted of a criminal offense
against a victim who is a minor to register a current
address with a designated State law enforcement
agency for 10 years after release from prison, being
placed on parole, or being placed on supervised re-
lease.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ includes—
(A) kidnapping of a minor, except by a
noncustodial parent;
189
(B) false imprisonment of a minor, except
by a noncustodial parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of minors to engage in sex-
ual conduct;
(E) use of minors in a sexual performance;
or
(F) solicitation of minors to practice pros-
titution.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—An approved State
registration program established by this section shall con-
tain the following requirements:
(1) NOTIFICATION.—If a person who is re-
quired to register under this section is released from
prison, paroled, or placed on supervised release, a
State prison officer shall—
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing within 10 days;
190
(C) obtain fingerprints and a photograph
of the person if these have not already been ob-
tained in connection with the offense that trig-
gers registration; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(2) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—The officer shall, within 3 days after re-
ceipt of information described in paragraph (1), for-
ward it to a designated State law enforcement agen-
cy. The State law enforcement agency shall imme-
diately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdic-
tion where the person expects to reside. The State
law enforcement agency shall also immediately
transmit the conviction data and fingerprints to the
Identification Division of the Federal Bureau of In-
vestigation.
(3) ANNUAL VERIFICATION.—On each anniver-
sary of a person’s initial registration date during the
period in which the person is required to register
under this section, the designated State law enforce-
ment agency shall mail a nonforwardable verification
191
form to the last reported address of the person. The
person shall mail the verification form to the officer
within 10 days after receipt of the form. The ver-
ification form shall be signed by the person, and
state that the person still resides at the address last
reported to the designated State law enforcement
agency. If the person fails to mail the verification
form to the designated State law enforcement agen-
cy within 10 days after receipt of the form, the per-
son shall be in violation of this section unless the
person proves that the person has not changed his
or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORCE-
MENT AGENCIES OF CHANGES IN ADDRESS.—Any
change of address by a person required to register
under this section reported to the designated State
law enforcement agency shall immediately be re-
ported to the appropriate law enforcement agency
having jurisdiction where the person is residing.
(c) REGISTRATION FOR 10 YEARS.—A person re-
quired to register under this section shall continue to com-
ply with this section until 10 years have elapsed since the
person was released from imprisonment, or placed on pa-
role or supervised release.
192
(d) PENALTY.—A person required to register under
a State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in such State.
It is the sense of Congress that such penalties should in-
clude at least 6 months’ imprisonment.
(e) PRIVATE DATA.—The information provided under
this section is private data on individuals and may be used
for law enforcement purposes and confidential background
checks conducted with fingerprints for child care services
providers.
SEC. 653. STATE COMPLIANCE.
(a) COMPLIANCE DATE.—Each State shall have 3
years from the date of the enactment of this Act in which
to implement this subtitle.
(b) INELIGIBILITY FOR FUNDS.—The allocation of
funds under section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756)
received by a State not complying with this subtitle 3
years after the date of enactment of this Act shall be re-
duced by 25 percent and the unallocated funds shall be
reallocated to the States in compliance with this section.
193
Subtitle F—Domestic Violence
SEC. 661. DOMESTIC VIOLENCE GRANTS.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 523(a), is amended—
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following new
part:
‘‘Part Q—Domestic Violence Intervention
‘‘SEC. 1701. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
may make grants to 10 States for the purpose of assisting
States in implementing a civil and criminal response to
domestic violence.
‘‘SEC. 1702. USE OF FUNDS.
‘‘Grants made by the Director under this part shall
be used—
‘‘(1) to encourage increased prosecutions for
domestic violence crimes;
‘‘(2) to report more accurately the incidences of
domestic violence;
‘‘(3) to facilitate arrests and aggressive pros-
ecution policies;
194
‘‘(4) to provide legal advocacy services for vic-
tims of domestic violence; and
‘‘(5) to improve the knowledge of health profes-
sionals regarding domestic violence and facilitate co-
operation between health professionals, social service
providers, and law enforcement personnel to better
assist victims of domestic violence.
‘‘SEC. 1703. APPLICATIONS.
‘‘(a) IN GENERAL.—In order to be eligible to receive
a grant under this part for any fiscal year, a State shall
submit an application to the Director in such form and
containing such information as the Director may reason-
ably require.
‘‘(b) REQUIREMENTS.—An application under sub-
section (a) shall include—
‘‘(1) a request for funds for the purposes de-
scribed in section 1702;
‘‘(2) a description of the programs already in
place to combat domestic violence;
‘‘(3) assurances that Federal funds received
under this part shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this part; and
‘‘(4) statistical information, if available, in such
form and containing such information that the Di-
195
rector may require regarding domestic violence with-
in that State.
‘‘(c) COMPREHENSIVE PLAN.—An application under
subsection (a) shall include a comprehensive plan that
shall contain—
‘‘(1) a description of the domestic violence prob-
lem within the State targeted for assistance;
‘‘(2) a description of the projects to be devel-
oped;
‘‘(3) a description of the resources available in
the State to implement the plan together with a de-
scription of the gaps in the plan that cannot be filled
with existing resources;
‘‘(4) an explanation of how the requested grant
will be used to fill those gaps; and
‘‘(5) a description of the system the applicant
will establish to prevent and reduce domestic vio-
lence.
‘‘SEC. 1704. ALLOCATION OF FUNDS; LIMITATIONS ON
GRANTS.
‘‘(a) STATE MAXIMUM.—No State shall receive more
than $2,500,000 under this part for any fiscal year.
‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di-
rector shall use not more than 5 percent of the funds avail-
196
able under this part for the purposes of administration
and technical assistance.
‘‘(c) RENEWAL OF GRANTS.—A grant under this part
may be renewed for up to 2 additional years after the first
fiscal year during which the recipient receives its initial
grant under this part, subject to the availability of funds,
if—
‘‘(1) the Director determines that the funds
made available to the recipient during the previous
year were used in a manner required under the ap-
proved application; and
‘‘(2) the Director determines that an additional
grant is necessary to implement the crime prevention
program described in the comprehensive plan as re-
quired by section 1703(c).
‘‘SEC. 1705. AWARD OF GRANTS.
‘‘The Director shall consider the following factors in
awarding grants to States and shall give preference to
States that have—
‘‘(1) a law or policy that requires the arrest of
a person who police have probable cause to believe
has committed an act of domestic violence or prob-
able cause to believe has violated a civil protection
order;
197
‘‘(2) a law or policy that discourages dual ar-
rests;
‘‘(3) laws or statewide prosecution policies that
authorize and encourage prosecutors to pursue do-
mestic violence cases in which a criminal case can be
proved, including proceeding without the active in-
volvement of the victim if necessary;
‘‘(4) statewide guidelines for judges that—
‘‘(A) reduce the automatic issuance of mu-
tual restraining or protective orders in cases
where only 1 spouse has sought a restraining or
protective order;
‘‘(B) require any history of abuse against
a child or against a parent to be considered
when making child custody determinations; and
‘‘(C) require judicial training on domestic
violence and related civil and criminal court is-
sues;
‘‘(5) policies that provide for the coordination of
court and legal victim advocacy services; and
‘‘(6) policies that make existing remedies to do-
mestic violence easily available to victims of domestic
violence, including elimination of court fees and the
provision of simple court forms.
198
‘‘SEC. 1706. REPORTS.
‘‘(a) REPORT TO DIRECTOR.—Each State that re-
ceives funds under this part shall submit to the Director
a report not later than March 1 of each year that describes
progress achieved in carrying out the plan required under
section 1703(c).
‘‘(b) REPORT
TO CONGRESS.—The Director shall
submit to the Congress a report by October 1 of each year
in which grants are made available under this part con-
taining—
‘‘(1) a detailed statement regarding grant
awards and activities of grant recipients;
‘‘(2) a compilation of statistical information
submitted by applicants under section 1703(b)(4);
and
‘‘(3) an evaluation of programs established
under this part.
‘‘SEC. 1707. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) The term ‘Director’ means the Director of
the Bureau of Justice Assistance.
‘‘(2) The term ‘domestic violence’ means any
act or threatened act of violence, including any
forceful detention of an individual, that—
‘‘(A) results or threatens to result in phys-
ical injury; and
199
‘‘(B) is committed by an individual against
another individual (including an elderly individ-
ual) to whom the individual is or was related by
blood or marriage or otherwise legally related or
with whom the individual is or was lawfully re-
siding.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec-
tion 523(b), is amended by striking the matter relating
to part Q and inserting the following:
‘‘PART Q—DOMESTIC VIOLENCE INTERVENTION
‘‘Sec. 1701. Grant authorization.
‘‘Sec. 1702. Use of funds.
‘‘Sec. 1703. Applications.
‘‘Sec. 1704. Allocation of funds; limitations on grants.
‘‘Sec. 1705. Award of grants.
‘‘Sec. 1706. Reports.
‘‘Sec. 1707. Definitions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)), as amended by
section 523(d), is amended by adding at the end the fol-
lowing new paragraph:
‘‘(11) There are authorized to be appropriated
$25,000,000 for fiscal year 1993 and such sums as may
be necessary for fiscal years 1994 and 1995 to carry out
projects under part Q.’’.
200
SEC. 662. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Sec-
retary of Health and Human Services shall transmit to
the Congress a report on the medical and psychological
basis of battered women’s syndrome and on the extent to
which evidence of the syndrome has been held to be admis-
sible as evidence of guilt or as a defense in a criminal
trial.
(b) COMPONENTS OF THE REPORT.—The report de-
scribed in subsection (a) shall include—
(1) medical and psychological testimony on the
validity of battered women’s syndrome as a psycho-
logical condition;
(2) a compilation of State and Federal court
cases that have admitted evidence of battered wom-
en’s syndrome as evidence of guilt or as a defense
in criminal trials; and
(3) an assessment by State and Federal judges,
prosecutors, and defense attorneys on the effects
that evidence of battered women’s syndrome may
have in criminal trials.
Subtitle G—Other Provisions
SEC. 671. INDUCEMENT OF MINOR TO COMMIT AN OF-
FENSE.
(a) FINDINGS.—The Congress finds that—
201
(1) children are our most important and yet
most fragile human resource;
(2) too many young people are induced or
forced into performing criminal acts by adults;
(3) the greatest effort must be taken to elimi-
nate crime in our neighborhoods and our schools;
(4) an equal resolve must be taken to punish in-
dividuals who attempt to use America’s youth as
pawns in their criminal enterprises; and
(5) adequate penalties can be implemented to
eradicate the exploitation of minors to commit of-
fenses.
(b) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Chapter 1 of title 18, United States Code, is
amended by adding at the end the following new section:
‘‘§ 21. Inducement of minor to commit an offense
‘‘(a) IN GENERAL.—Except to the extent that a
greater minimum sentence is provided by other law, a per-
son 18 years of age or older who, in any voluntary manner,
solicits, counsels, encourages, commands, intimidates, or
procures any minor with the intent that the minor shall
commit an offense against the United States shall be im-
prisoned not less than 3 and not more than 10 years, to
be served consecutively with any other sentences that are
imposed.
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‘‘(b) LIMITATION.—In the case of an offense under
subsection (a) involving a minor who is 16 years of age
or older at the time of the offense, subsection (a) shall
apply only when the offender is at least 5 years older than
the minor at the time the offense is committed.
‘‘(c) SENTENCING.—In imposing a sentence under
subsection (a), the court shall consider as a circumstance
in aggravation the severity of the offense sought by the
adult.
‘‘(d) DEFINITION.—For the purposes of this section
the term ‘minor’ means a person less than 18 years of
age.’’.
(c) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 1 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘21. Inducement of minor to commit an offense.’’.
SEC. 672. DISCLOSURE OF RECORDS OF ARRESTS BY CAM-
PUS POLICE.
Section 438(a)(4)(B)(ii) of the General Education
Provisions Act (20 U.S.C. 1232g(a)(4)(B)(ii)) is amended
to read as follows:
‘‘(ii) records maintained by a law enforcement
unit of the education agency or institution that were
created by that law enforcement unit for the purpose
of law enforcement.’’.
203
SEC. 673. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL
ASSAULT.
(a) IN GENERAL.—The Attorney General, in con-
sultation with the Secretary of Education, shall, by con-
tract with an appropriate entity with expertise in college
campus security, provide for a national baseline study to
research the effectiveness of campus sexual assault policies
for institutions of postsecondary education.
(b) COMPONENTS OF THE REPORT.—The report de-
scribed in subsection (a) shall include an analysis of—
(1) the number of reported allegations and esti-
mated number of unreported allegations of sexual
assault occurring on college and university cam-
puses, and to whom the allegations are reported (in-
cluding campus authorities, sexual assault victim
service entities, and local criminal authorities);
(2) the number of campus sexual assault allega-
tions reported to campus authorities which are re-
ported to criminal authorities;
(3) the percentage of campus sexual assault al-
legations compared to noncampus sexual assault al-
legations which result in eventual criminal prosecu-
tion;
(4) State laws or regulations pertaining specifi-
cally to campus sexual assaults;
204
(5) the adequacy of campus policies and prac-
tices in protecting the legal rights and interests of
sexual assault victims and the accused, including
consideration of—
(A) practices that might discourage the re-
porting of sexual assaults to local criminal au-
thorities, or result in any form of obstruction of
justice, and thus undermine the public interest
in prosecuting perpetrators of sexual assault;
and
(B) the ability of campus disciplinary hear-
ings to properly address allegations of sexual
assault;
(6) whether colleges and universities take ade-
quate measures to ensure that victims are free of
unwanted contact with alleged assailants;
(7) the grounds on which colleges and univer-
sities are sued in civil court regarding sexual as-
saults, the resolution of these cases, and measures
that can be taken to prevent future lawsuits;
(8) the ways in which colleges and universities
respond to allegations of sexual assault, including an
assessment of which programs work the best;
(9) recommendations to redress concerns raised
in the report; and
205
(10) any other issues or questions the Attorney
General, with the concurrence of the Secretary of
Education, deems to be appropriate to the study.
(c) REPORT.—The Secretary of Education shall re-
view the results of the research required by this section
and report to the Committee on Education and Labor of
the House of Representatives and the Committee on Labor
and Human Resources of the Senate by September 1,
1995, coordinating that report with the report and dis-
semination required under section 485(f)(4) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(4)).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $200,000 for the contract
required by subsection (a).
SEC. 674. SENSE OF CONGRESS CONCERNING CHILD CUS-
TODY AND VISITATION RIGHTS.
It is the sense of the Congress that in determining
child custody and visitation rights, the courts should take
into consideration the history of drunk driving that any
person involved in the determination may have.
TITLE VII—EQUAL JUSTICE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Equal Justice Act’’.
206
SEC. 702. PROHIBITION OF RACIALLY DISCRIMINATORY
POLICIES CONCERNING CAPITAL PUNISH-
MENT OR OTHER PENALTIES.
(a) GENERAL RULE.—The penalty of death and all
other penalties shall be administered by the United States
and by every State without regard to the race or color
of the defendant or victim. Neither the United States nor
any State shall prescribe any racial quota or statistical
test for the imposition or execution of the death penalty
or any other penalty.
(b) DEFINITIONS.—For purposes of this title—
(1) the action of the United States or of a State
includes the action of any legislative, judicial, execu-
tive, administrative, or other agency or instrumental-
ity of the United States or a State, or of any politi-
cal subdivision of the United States or a State;
(2) the term ‘‘State’’ has the meaning given in
section 513 of title 18, United States Code; and
(3) the term ‘‘racial quota or statistical test’’
includes any law, rule, presumption, goal, standard
for establishing a prima facie case, or mandatory or
permissive inference that—
(A) requires or authorizes the imposition
or execution of the death penalty or another
penalty so as to achieve a specified racial pro-
207
portion relating to offenders, convicts, defend-
ants, arrestees, or victims; or
(B) requires or authorizes the invalidation
of, or bars the execution of, sentences of death
or other penalties based on the failure of a ju-
risdiction to achieve a specified racial propor-
tion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execu-
tion of such sentences or penalties.
SEC. 703. GENERAL SAFEGUARDS AGAINST RACIAL PREJU-
DICE OR BIAS IN THE TRIBUNAL.
In a criminal trial in a court of the United States,
or of any State—
(1) on motion of the defense attorney or pros-
ecutor, the risk of racial prejudice or bias shall be
examined on voir dire if there is a substantial likeli-
hood in the circumstances of the case that such prej-
udice or bias will affect the jury either against or in
favor of the defendant;
(2) on motion of the defense attorney or pros-
ecutor, a change of venue shall be granted if an im-
partial jury cannot be obtained in the original venue
because of racial prejudice or bias; and
208
(3) neither the prosecutor nor the defense at-
torney shall make any appeal to racial prejudice or
bias in statements before the jury.
SEC. 704. FEDERAL CAPITAL CASES.
(a) JURY INSTRUCTIONS AND CERTIFICATION.—In a
prosecution for an offense against the United States in
which a sentence of death is sought, and in which the cap-
ital sentencing determination is to be made by a jury, the
judge shall instruct the jury that it is not to be influenced
by prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend
the imposition of a sentence of death unless it has con-
cluded that it would recommend the same sentence for
such a crime regardless of the race or color of the defend-
ant or victim. Upon the return of a recommendation of
a sentence of death, the jury shall also return a certificate,
signed by each juror, that the juror’s individual decision
was not affected by prejudice or bias relating to the race
or color of the defendant or victim, and that the individual
juror would have made the same recommendation regard-
less of the race or color of the defendant or victim.
(b) RACIALLY MOTIVATED KILLINGS.—In a prosecu-
tion for an offense against the United States for which
a sentence of death is authorized, the fact that the killing
209
of the victim was motivated by racial prejudice or bias
shall be deemed an aggravating factor whose existence
permits consideration of the death penalty, in addition to
any other aggravating factors that may be specified by law
as permitting consideration of the death penalty.
SEC. 705. EXTENSION OF PROTECTION OF CIVIL RIGHTS
STATUTES.
(a) SECTION 241.—Section 241 of title 18, United
States Code, is amended by striking ‘‘inhabitant of’’ and
inserting ‘‘person in’’.
(b) SECTION 242.—Section 242 of title 18, United
States Code, is amended by striking ‘‘inhabitant of’’ and
inserting ‘‘person in’’, and by striking ‘‘such inhabitant’’
and inserting ‘‘such person’’.
TITLE VIII—PUBLIC
CORRUPTION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Anti-Corruption Act
of 1993’’.
SEC. 802. PUBLIC CORRUPTION.
(a) OFFENSES.—Chapter 11 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 226. Public corruption
‘‘(a) STATE AND LOCAL GOVERNMENT.—
210
‘‘(1) HONEST
SERVICES.—Whoever, in a cir-
cumstance described in paragraph (3), deprives or
defrauds, or endeavors to deprive or to defraud, by
any scheme or artifice, the inhabitants of a State or
political subdivision of a State of the honest services
of an official or employee of the State or political
subdivision shall be fined under this title, imprisoned
not more than 10 years, or both.
‘‘(2) FAIR AND IMPARTIAL ELECTIONS.—Who-
ever, in a circumstance described in paragraph (3),
deprives or defrauds, or endeavors to deprive or to
defraud, by any scheme or artifice, the inhabitants
of a State or political subdivision of a State of a fair
and impartially conducted election process in any
primary, run-off, special, or general election—
‘‘(A) through the procurement, casting, or
tabulation of ballots that are materially false,
fictitious, or fraudulent or that are invalid,
under the laws of the State in which the elec-
tion is held;
‘‘(B) through paying or offering to pay any
person for voting;
‘‘(C) through the procurement or submis-
sion of voter registrations that contain false
211
material information, or omit material informa-
tion; or
‘‘(D) through the filing of any report re-
quired to be filed under State law regarding an
election campaign that contains false material
information or omits material information,
shall be fined under this title, imprisoned not more
than 10 years, or both.
‘‘(3) CIRCUMSTANCES IN WHICH OFFENSE OC-
CURS.—The circumstances referred to in paragraphs
(1) and (2) are that—
‘‘(A) for the purpose of executing or con-
cealing a scheme or artifice described in para-
graph (1) or (2) or attempting to do so, a per-
son—
‘‘(i) places in any post office or au-
thorized depository for mail matter, any
matter or thing to be sent or delivered by
the Postal Service, or takes or receives
therefrom any such matter or thing, or
knowingly causes to be delivered by mail
according to the direction thereon, or at
the place at which it is directed to be deliv-
ered by the person to whom it is ad-
dressed, any such matter or thing;
212
‘‘(ii) transmits or causes to be trans-
mitted by means of wire, radio, or tele-
vision communication in interstate or for-
eign commerce any writings, signs, signals,
pictures, or sounds;
‘‘(iii) transports or causes to be trans-
ported any person or thing, or induces any
person to travel in or to be transported in,
interstate or foreign commerce; or
‘‘(iv) uses or causes the use of any fa-
cility of interstate or foreign commerce;
‘‘(B) the scheme or artifice affects or con-
stitutes an attempt to affect in any manner or
degree, or would if executed or concealed affect,
interstate or foreign commerce; or
‘‘(C) in the case of an offense described in
paragraph (2), an objective of the scheme or ar-
tifice is to secure the election of an official who,
if elected, would have any authority over the
administration of funds derived from an Act of
Congress totaling $10,000 or more during the
12-month period immediately preceding or fol-
lowing the election or date of the offense.
‘‘(b) FEDERAL GOVERNMENT.—Whoever deprives or
defrauds, or endeavors to deprive or to defraud, by any
213
scheme or artifice, the inhabitants of the United States
of the honest services of a public official or a person who
has been selected to be a public official shall be fined
under this title, imprisoned not more than 10 years, or
both.
‘‘(c) OFFENSE BY AN OFFICIAL AGAINST AN EM-
PLOYEE OR OFFICIAL.—
‘‘(1) CRIMINAL OFFENSE.—Whoever, being an
official, public official, or person who has been se-
lected to be a public official, directly or indirectly
discharges, demotes, suspends, threatens, harasses,
or in any manner discriminates against an employee
or official of the United States or of a State or polit-
ical subdivision of a State, or endeavors to do so, in
order to carry out or to conceal a scheme or artifice
described in subsection (a) or (b), shall be fined
under this title, imprisoned not more than 5 years,
or both.
‘‘(2) CIVIL ACTION.—(A) Any employee or offi-
cial of the United States or of a State or political
subdivision of a State who is discharged, demoted,
suspended, threatened, harassed, or in any manner
discriminated against because of lawful acts done by
the employee or official as a result of a violation of
this section or because of actions by the employee on
214
behalf of himself or herself or others in furtherance
of a prosecution under this section (including inves-
tigation for, initiation of, testimony for, or assist-
ance in such a prosecution) may bring a civil action
and obtain all relief necessary to make the employee
or official whole, including—
‘‘(i) reinstatement with the same seniority
status that the employee or official would have
had but for the violation;
‘‘(ii) 3 times the amount of backpay;
‘‘(iii) interest on the backpay; and
‘‘(iv) compensation for any special dam-
ages sustained as a result of the violation, in-
cluding reasonable litigation costs and reason-
able attorney’s fees.
‘‘(B) An employee or official shall not be af-
forded relief under subparagraph (A) if the employee
or official participated in the violation of this section
with respect to which relief is sought.
‘‘(C)(i) A civil action or proceeding authorized
by this paragraph shall be stayed by a court upon
certification of an attorney for the Government that
prosecution of the action or proceeding may ad-
versely affect the interests of the Government in a
pending criminal investigation or proceeding.
215
‘‘(ii) The attorney for the Government shall
promptly notify the court when a stay may be lifted
without such adverse effects.
‘‘(d) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘official’ includes—
‘‘(A) any person employed by, exercising
any authority derived from, or holding any posi-
tion in the government of a State or any sub-
division of the executive, legislative, judicial, or
other branch of government thereof, including a
department, independent establishment, com-
mission, administration, authority, board, and
bureau, and a corporation or other legal entity
established and subject to control by a govern-
ment or governments for the execution of a gov-
ernmental or intergovernmental program;
‘‘(B) any person acting or pretending to
act under color of official authority; and
‘‘(C) any person who has been nominated,
appointed, or selected to be an official or who
has been officially informed that he or she will
be so nominated, appointed, or selected;
‘‘(2) the term ‘person acting or pretending to
act under color of official authority’ includes a per-
son who represents that he or she controls, is an
216
agent of, or otherwise acts on behalf of an official,
public official, and person who has been selected to
be a public official;
‘‘(3) the terms ‘public official’ and ‘person who
has been selected to be a public official’ have the
meanings stated in section 201 and also include any
person acting or pretending to act under color of of-
ficial authority;
‘‘(4) the term ‘State’ means a State of the
United States, the District of Columbia, Puerto
Rico, and any other commonwealth, territory, or
possession of the United States; and
‘‘(5) the term ‘uses any facility of interstate or
foreign commerce’ includes the intrastate use of any
facility that may also be used in interstate or foreign
commerce.’’.
(b) TECHNICAL AMENDMENTS.—(1) The chapter
analysis for chapter 11 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘226. Public corruption.’’.
(2) Section 1961(1) of title 18, United States Code,
is amended by inserting ‘‘section 226 (relating to public
corruption),’’ after ‘‘section 224 (relating to sports brib-
ery),’’.
(3) Section 2516(1)(c) of title 18, United States
Code, is amended by inserting ‘‘section 226 (relating to