H. R. 3355—227
if such act would constitute a violation of section 471, 473, or
474 if committed within the United States, shall be fined under
this title, imprisoned not more than 20 years, or both.’’.
(b) TECHNICAL AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The chapter analysis for chapter
25 of title 18, United States Code, is amended by adding before
section 471 the following new item:
‘‘470. Counterfeit acts committed outside the United States.’’.
(2) PART ANALYSIS.—The part analysis for part I of title
18, United States Code, is amended by amending the item
for chapter 25 to read as follows:
‘‘25. Counterfeiting and forgery ......................................................................
470’’.
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST
CRIMES.
The United States Sentencing Commission is directed to amend
its sentencing guidelines to provide an appropriate enhancement
for any felony, whether committed within or outside the United
States, that involves or is intended to promote international terror-
ism, unless such involvement or intent is itself an element of
the crime.
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE.—Chapter 113A of title 18, United States Code,
is amended by adding the following new section:
‘‘§ 2339A. Providing material support to terrorists
‘‘(a) DEFINITION.—In this section, ‘material support or resources’
means currency or other financial securities, financial services,
lodging, training, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical assets,
but does not include humanitarian assistance to persons not directly
involved in such violations.
‘‘(b) OFFENSE.—A person who, within the United States, pro-
vides material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in prepara-
tion for, or in carrying out, a violation of section 32, 36, 351,
844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281,
2331, or 2339 of this title or section 46502 of title 49, or in prepara-
tion for or carrying out the concealment of an escape from the
commission of any such violation, shall be fined under this title,
imprisoned not more than 10 years, or both.
‘‘(c) INVESTIGATIONS.—
‘‘(1) IN GENERAL.—Within the United States, an investiga-
tion may be initiated or continued under this section only
when facts reasonably indicate that—
‘‘(A) in the case of an individual, the individual know-
ingly or intentionally engages, has engaged, or is about
to engage in the violation of this or any other Federal
criminal law; and
‘‘(B) in the case of a group of individuals, the group
knowingly or intentionally engages, has engaged, or is
about to engage in the violation of this or any other Federal
criminal law.
H. R. 3355—228
‘‘(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.—
An investigation may not be initiated or continued under this
section based on activities protected by the First Amendment
to the Constitution, including expressions of support or the
provision of financial support for the nonviolent political, reli-
gious, philosophical, or ideological goals or beliefs of any person
or group.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
113A of title 18, United States Code, is amended by adding the
following new item:
‘‘2339A. Providing material support to terrorists.’’.
TITLE XIII—CRIMINAL ALIENS AND
IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART,
OR REENTERING, AFTER FINAL ORDER OF DEPORTA-
TION.
(a) FAILURE TO DEPART.—Section 242(e) of the Immigration
and Nationality Act (8 U.S.C. 1252(e)) is amended—
(1) by striking ‘‘paragraph (2), (3), or (4) of’’ the first time
it appears; and
(2) by striking ‘‘shall be imprisoned not more than ten
years’’ and inserting ‘‘shall be imprisoned not more than four
years, or shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in paragraph
(1)(E), (2), (3), or (4) of section 241(a).’’.
(b) REENTRY.—Section 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1)—
(A) by inserting after ‘‘commission of’’ the following:
‘‘three or more misdemeanors involving drugs, crimes
against the person, or both, or’’; and
(B) by striking ‘‘5’’ and inserting ‘‘10’’;
(2) in paragraph (2), by striking ‘‘15’’ and inserting ‘‘20’’;
and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘deportation’ includes
any agreement in which an alien stipulates to deportation during
a criminal trial under either Federal or State law.’’.
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(a) OPERATION.—The Attorney General shall, under the author-
ity of section 242(a)(3)(A) of the Immigration and Nationality Act
(8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $3,400,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,700,000 for fiscal year 1998;
(4) $3,800,000 for fiscal year 1999; and
(5) $3,900,000 for fiscal year 2000.
H. R. 3355—229
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR-
ISM INFORMATION.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION.—
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R)
and inserting ‘‘; or’’, and
(3) by adding at the end the following new subparagraph:
‘‘(S) subject to section 214(j), an alien—
‘‘(i) who the Attorney General determines—
‘‘(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
‘‘(II) is willing to supply or has supplied such
information to Federal or State law enforcement
authorities or a Federal or State court; and
‘‘(III) whose presence in the United States the
Attorney General determines is essential to the success
of an authorized criminal investigation or the success-
ful prosecution of an individual involved in the criminal
organization or enterprise; or
‘‘(ii) who the Secretary of State and the Attorney Gen-
eral jointly determine—
‘‘(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or oper-
ation;
‘‘(II) is willing to supply or has supplied such
information to Federal law enforcement authorities or
a Federal court;
‘‘(III) will be or has been placed in danger as
a result of providing such information; and
‘‘(IV) is eligible to receive a reward under section
36(a) of the State Department Basic Authorities Act
of 1956,
and, if the Attorney General (or with respect to clause (ii),
the Secretary of State and the Attorney General jointly) consid-
ers it to be appropriate, the spouse, married and unmarried
sons and daughters, and parents of an alien described in clause
(i) or (ii) if accompanying, or following to join, the alien.’’.
(b) CONDITIONS OF ENTRY.—
(1) WAIVER OF GROUNDS FOR EXCLUSION.—Section 212(d)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is
amended by inserting at the beginning the following new para-
graph:
‘‘(1) The Attorney General shall determine whether a ground
for exclusion exists with respect to a nonimmigrant described in
section 101(a)(15)(S). The Attorney General, in the Attorney Gen-
eral’s discretion, may waive the application of subsection (a) (other
than paragraph (3)(E)) in the case of a nonimmigrant described
in section 101(a)(15)(S), if the Attorney General considers it to
be in the national interest to do so. Nothing in this section shall
be regarded as prohibiting the Immigration and Naturalization
Service from instituting deportation proceedings against an alien
admitted as a nonimmigrant under section 101(a)(15)(S) for conduct
committed after the alien’s admission into the United States, or
for conduct or a condition that was not disclosed to the Attorney
H. R. 3355—230
General prior to the alien’s admission as a nonimmigrant under
section 101(a)(15)(S).’’.
(2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC.—
Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184) is amended by adding at the end the following new
subsection:
‘‘(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may
not exceed 100. The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal
year may not exceed 25.
‘‘(2) No alien may be admitted into the United States as such
a nonimmigrant more than 5 years after the date of the enactment
of this subsection.
‘‘(3) The period of admission of an alien as such a nonimmigrant
may not exceed 3 years. Such period may not be extended by
the Attorney General.
‘‘(4) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant—
‘‘(A) shall report not less often than quarterly to the Attor-
ney General such information concerning the alien’s where-
abouts and activities as the Attorney General may require;
‘‘(B) may not be convicted of any criminal offense punish-
able by a term of imprisonment of 1 year or more after the
date of such admission;
‘‘(C) must have executed a form that waives the
nonimmigrant’s right to contest, other than on the basis of
an application for withholding of deportation, any action for
deportation of the alien instituted before the alien obtains
lawful permanent resident status; and
‘‘(D) shall abide by any other condition, limitation, or
restriction imposed by the Attorney General.
‘‘(5) The Attorney General shall submit a report annually to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate concerning—
‘‘(A) the number of such nonimmigrants admitted;
‘‘(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such aliens;
‘‘(C) the number of terrorist acts prevented or frustrated
resulting from cooperation of such aliens;
‘‘(D) the number of such nonimmigrants whose admission
or cooperation has not resulted in successful criminal prosecu-
tion or investigation or the prevention or frustration of a terror-
ist act; and
‘‘(E) the number of such nonimmigrants who have failed
to report quarterly (as required under paragraph (4)) or who
have been convicted of crimes in the United States after the
date of their admission as such a nonimmigrant.’’.
(3) PROHIBITION
OF
CHANGE
OF
STATUS.—Section 248(1)
of the Immigration and Naturalization Act (8 U.S.C. 1258(1))
is amended by striking ‘‘or (K)’’ and inserting ‘‘(K), or (S)’’.
(c) ADJUSTMENT TO PERMANENT RESIDENT STATUS.—
(1) IN
GENERAL.—Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the
end the following new subsection:
‘‘(i)(1) If, in the opinion of the Attorney General—
H. R. 3355—231
‘‘(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(i) has supplied information described in
subclause (I) of such section; and
‘‘(B) the provision of such information has substantially
contributed to the success of an authorized criminal investiga-
tion or the prosecution of an individual described in subclause
(III) of that section,
the Attorney General may adjust the status of the alien (and
the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
‘‘(2) If, in the sole discretion of the Attorney General—
‘‘(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(ii) has supplied information described in
subclause (I) of such section, and
‘‘(B) the provision of such information has substantially
contributed to—
‘‘(i) the prevention or frustration of an act of terrorism
against a United States person or United States property,
or
‘‘(ii) the success of an authorized criminal investigation
of, or the prosecution of, an individual involved in such
an act of terrorism, and
‘‘(C) the nonimmigrant has received a reward under section
36(a) of the State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and
the spouse, married and unmarried sons and daughters, and parents
of the alien if admitted under such section) to that of an alien
lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
‘‘(3) Upon the approval of adjustment of status under para-
graphs (1) or (2), the Attorney General shall record the alien’s
lawful admission for permanent residence as of the date of such
approval and the Secretary of State shall reduce by one the number
of visas authorized to be issued under sections 201(d) and 203(b)(4)
for the fiscal year then current.’’.
(2) EXCLUSIVE MEANS OF ADJUSTMENT.—Section 245(c) of
the Immigration and Nationality Act (8 U.S.C. 1255(c)) is
amended by striking ‘‘or’’ before ‘‘(4)’’ and by inserting before
the period at the end the following: ‘‘; or (5) an alien who
was admitted as a nonimmigrant described in section
101(a)(15)(S)’’.
(d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION
OF
A CRIME.—Section 241(a)(2)(A)(i)(I) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting
‘‘(or 10 years in the case of an alien provided lawful permanent
resident status under section 245(i))’’ after ‘‘five years’’.
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL
ALIENS WHO ARE NOT PERMANENT RESIDENTS.
(a) ELIMINATION
OF ADMINISTRATIVE HEARING
FOR CERTAIN
CRIMINAL ALIENS.—Section 242A of the Immigration and National-
ity Act (8 U.S.C. 1252a) is amended by adding at the end the
following new subsection:
‘‘(b) DEPORTATION OF ALIENS WHO ARE NOT PERMANENT RESI-
DENTS.—
H. R. 3355—232
‘‘(1) The Attorney General may, in the case of an alien
described in paragraph (2), determine the deportability of such
alien under section 241(a)(2)(A)(iii) (relating to conviction of
an aggravated felony) and issue an order of deportation pursu-
ant to the procedures set forth in this subsection or section
242(b).
‘‘(2) An alien is described in this paragraph if the alien—
‘‘(A) was not lawfully admitted for permanent residence
at the time at which proceedings under this section com-
menced; and
‘‘(B) is not eligible for any relief from deportation under
this Act.
‘‘(3) The Attorney General may not execute any order
described in paragraph (1) until 30 calendar days have passed
from the date that such order was issued, unless waived by
the alien, in order that the alien has an opportunity to apply
for judicial review under section 106.
‘‘(4) Proceedings before the Attorney General under this
subsection shall be in accordance with such regulations as
the Attorney General shall prescribe. The Attorney General
shall provide that—
‘‘(A) the alien is given reasonable notice of the charges
and of the opportunity described in subparagraph (C);
‘‘(B) the alien shall have the privilege of being rep-
resented (at no expense to the government) by such counsel,
authorized to practice in such proccedings, as the alien
shall choose;
‘‘(C) the alien has a reasonable opportunity to inspect
the evidence and rebut the charges;
‘‘(D) the determination of deportability is supported
by clear, convincing, and unequivocal evidence and a record
is maintained for judicial review; and
‘‘(E) the final order of deportation is not entered by
the same person who issues the charges.’’.
(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 inserting
‘‘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 ‘‘aggra-
vated felony’’; and
(3) by adding at the end the following new subsection:
‘‘(d)(1) A petition for review or for habeas corpus on behalf
of an alien against whom a final order of deportation has been
issued pursuant to section 242A(b) may challenge only—
‘‘(A) whether the alien is in fact the alien described in
the order;
‘‘(B) whether the alien is in fact an alien described in
section 242A(b)(2);
‘‘(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
‘‘(D) whether the alien was afforded the procedures required
by section 242A(b)(5).
‘‘(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).’’.
(c) TECHNICAL AMENDMENTS.—Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended—
H. R. 3355—233
(1) by amending the heading to read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING
AGGRAVATED FELONIES’’;
(2) in subsection (a), as designated prior to enactment
of this Act, by striking ‘‘(a) IN GENERAL.—’’ and inserting the
following:
‘‘(a) DEPORTATION OF CRIMINAL ALIENS.—
‘‘(1) IN GENERAL.—’’;
(3) in subsection (b), as designated prior to enactment
of this Act, by striking ‘‘(b) IMPLEMENTATION.—’’ and inserting
‘‘(2) IMPLEMENTATION.—’’;
(4) by striking subsection (c);
(5) in subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PROCEEDINGS.—(1)’’ and
inserting ‘‘(3) EXPEDITED PROCEEDINGS.—(A)’’; and
(B) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; and
(6) 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)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to all aliens against whom deportation proceedings
are initiated after the date of enactment of this Act.
SEC. 130005. EXPEDITIOUS 
DEPORTATION 
FOR 
DENIED 
ASYLUM
APPLICANTS.
(a) IN GENERAL.—The Attorney General may provide for the
expeditious adjudication of asylum claims and the expeditious
deportation of asylum applicants whose applications have been
finally denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
(b) EMPLOYMENT AUTHORIZATION.—Section 208 of the Immigra-
tion and Nationality Act (8 U.S.C. 1158) is amended by adding
at the end the following new subsection:
‘‘(e) An applicant for asylum is not entitled to employment
authorization except as may be provided by regulation in the discre-
tion of the Attorney General.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $64,000,000 for fiscal year 1995;
(2) $90,000,000 for fiscal year 1996;
(3) $93,000,000 for fiscal year 1997; and
(4) $91,000,000 for fiscal year 1998.
SEC. 130006. IMPROVING BORDER CONTROLS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for the Immigration and Naturalization Service
to increase the resources for the Border Patrol, the Inspections
Program, and the Deportation Branch to apprehend illegal aliens
who attempt clandestine entry into the United States or entry
into the United States with fraudulent documents or who remain
in the country after their nonimmigrant visas expire—
(1) $228,000,000 for fiscal year 1995;
(2) $185,000,000 for fiscal year 1996;
(3) $204,000,000 for fiscal year 1997; and
H. R. 3355—234
(4) $58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds
shall, subject to the availability of appropriations, be allocated
to increase the number of agent positions (and necessary support
personnel positions) in the Border Patrol by not less than 1,000
full-time equivalent positions in each of fiscal years 1995, 1996,
1997, and 1998 beyond the number funded as of October 1, 1994.
(b) REPORT.—By September 30, 1996 and September 30, 1998,
the Attorney General shall report to the Congress on the programs
described in this section. The report shall include an evaluation
of the programs, an outcome-based measurement of performance,
and an analysis of the cost effectiveness of the additional resources
provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) IN GENERAL.—Subject to the availability of appropriations,
the Attorney General may expand the program authorized by sec-
tion 242A(d) and 242(i) of the Immigration and Nationality Act
to ensure that such aliens are immediately deportable upon their
release from incarceration.
(b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.—Subject
to the availability of appropriations, the Attorney General may—
(1) construct or contract for the construction of 2 Immigra-
tion and Naturalization Service Processing Centers to detain
criminal aliens; and
(2) provide for the detention and removal of such aliens.
(c) REPORT.—By September 30, 1996, and September 30, 1998
the Attorney General shall report to the Congress on the programs
referred to in subsections (a) and (b). The report shall include
an evaluation of the programs, an outcome-based measurement
of performance, and an analysis of the cost effectiveness of the
additional resources provided under this Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $55,000,000 for fiscal year 1995;
(2) $54,000,000 for fiscal year 1996;
(3) $49,000,000 for fiscal year 1997; and
(4) $2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) IN GENERAL.—Subject to subsection (b) and notwithstanding
any other provision of law, the Attorney General, in the discretion
of the Attorney General, may accept, hold, administer, and utilize
gifts of property and services (which may not include cash assist-
ance) from State and local governments for the purpose of assisting
the Immigration and Naturalization Service in the transportation
of deportable aliens who are arrested for misdemeanor or felony
crimes under State or Federal law and who are either unlawfully
within the United States or willing to submit to voluntary departure
under safeguards. Any property acquired pursuant to this section
shall be acquired in the name of the United States.
(b) LIMITATION.—The Attorney General shall terminate or
rescind the exercise of the authority under subsection (a) if the
Attorney General determines that the exercise of such authority
has resulted in discrimination by law enforcement officials on the
basis of race, color, or national origin.
H. R. 3355—235
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVE-
MENT.
(a) IN GENERAL.—Chapter 75 of title 18, United States Code,
is amended—
(1) in section 1541 by striking ‘‘not more than $500 or
imprisoned not more than one year’’ and inserting ‘‘under this
title, imprisoned not more than 10 years’’;
(2) in each of sections 1542, 1543, and 1544 by striking
‘‘not more than $2,000 or imprisoned not more than five years’’
and inserting ‘‘under this title, imprisoned not more than 10
years’’;
(3) in section 1545 by striking ‘‘not more than $2,000 or
imprisoned not more than three years’’ and inserting ‘‘under
this title, imprisoned not more than 10 years’’;
(4) in section 1546(a) by striking ‘‘five years’’ and inserting
‘‘10 years’’;
(5) in section 1546(b) by striking ‘‘in accordance with this
title, or imprisoned not more than two years’’ and inserting
‘‘under this title, imprisoned not more than 5 years’’; and
(6) by adding at the end the following new section:
‘‘§ 1547. Alternative imprisonment maximum for certain
offenses
‘‘Notwithstanding any other provision of this title, the maxi-
mum term of imprisonment that may be imposed for an offense
under this chapter (other than an offense under section 1545)—
‘‘(1) if committed to facilitate a drug trafficking crime (as
defined in 929(a)) is 15 years; and
‘‘(2) if committed to facilitate an act of international terror-
ism (as defined in section 2331) is 20 years.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
75 of title 18, United States Code, is amended by adding at the
end the following new item:
‘‘1547. Alternative imprisonment maximum for certain offenses.’’.
SEC. 130010. ASYLUM.
(a) FINDINGS.—The Senate finds that—
(1) in the last decade applications for asylum have greatly
exceeded the original 5,000 annual limit provided in the Refu-
gee Act of 1980, with more than 150,000 asylum applications
filed in fiscal year 1993, and the backlog of cases growing
to 340,000;
(2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to several
years;
(3) the delay in processing asylum claims due to the over-
whelming numbers has contributed to numerous problems,
including—
(A) an abuse of the asylum laws by fraudulent
applicants whose primary interest is obtaining work
authority in the United States while their claim languishes
in the backlogged asylum processing system;
(B) the growth of alien smuggling operations, often
involving organized crime;
(C) a drain on limited resources resulting from the
high cost of processing frivolous asylum claims through
our multilayered system; and
H. R. 3355—236
(D) an erosion of public support for asylum, which
is a treaty obligation.
(4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who
use asylum claims to circumvent our immigration and refugee
laws and procedures; and
(5) a comprehensive revision of our asylum law and proce-
dures is required to address these problems.
(b) POLICY.—It is the sense of the Senate that—
(1) asylum is a process intended to protect aliens in the
United States who cannot safely return home;
(2) persons outside their country of nationality who have
a well-founded fear of persecution if they return should apply
for refugee status at one of our refugee processing offices
abroad; and
(3) the immigration, refugee and asylum laws of the United
States should be reformed to provide—
(A) a procedure for the expeditious exclusion of any
asylum applicant who arrives at a port-of-entry with
fraudulent documents, or no documents, and makes a
noncredible claim of asylum; and
(B) the immigration, refugee and asylum laws of the
United States should be reformed to provide for a stream-
lined affirmative asylum processing system for asylum
applicants who make their application after they have
entered the United States.
TITLE XIV—YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR
CRIMES OF VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18,
United States Code, is amended by striking ‘‘; however’’ and insert-
ing ‘‘. In the application of the preceding sentence, if the crime
of violence is an offense under section 113(a), 113(b), 113(c), 1111,
1113, or, if the juvenile possessed a firearm during the offense,
section 2111, 2113, 2241(a), or 2241(c), ‘thirteen’ shall be substituted
for ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’. Not-
withstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to the preceding sentence for any offense the Federal jurisdiction
for which is predicated solely on Indian country (as defined in
section 1151), and which has occurred within the boundaries of
such Indian country, unless the governing body of the tribe has
elected that the preceding sentence have effect over land and per-
sons subject to its criminal jurisdiction. However’’.
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by
striking ‘‘Any proceedings against a juvenile under this chapter
or as an adult shall not be commenced until’’ and inserting ‘‘A
juvenile shall not be transferred to adult prosecution nor shall
a hearing be held under section 5037 (disposition after a finding
of juvenile delinquency) until’’.
H. R. 3355—237
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by
inserting ‘‘, whether pursuant to an adjudication of delinquency
or conviction for an offense,’’ after ‘‘committed’’ the first place it
appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by section
100003, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(23) programs that address the need for effective bindover
systems for the prosecution of violent 16- and 17-year-old juve-
niles in courts with jurisdiction over adults for the crimes
of—
‘‘(A) murder in the first degree;
‘‘(B) murder in the second degree;
‘‘(C) attempted murder;
‘‘(D) armed robbery when armed with a firearm;
‘‘(E) aggravated battery or assault when armed with
a firearm;
‘‘(F) criminal sexual penetration when armed with a
firearm; and
‘‘(G) drive-by shootings as described in section 36 of
title 18, United States Code.’’.
SEC. 140005. AMENDMENT 
CONCERNING 
RECORDS 
OF 
CRIMES
COMMITTED BY JUVENILES.
Section 5038 of title 18, United States Code, is amended in
subsection (f) by adding ‘‘or whenever a juvenille has been found
guilty of committing an act after his 13th birthday which if commit-
ted by an adult would be an offense described in the second sentence
of the fourth paragraph of section 5032 of this title,’’ after ‘‘title
21,’’.
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO
DISTRIBUTE 
DRUGS 
NEAR 
SCHOOLS 
AND 
PLAY-
GROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C. 860)
is amended—
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new sub-
section:
‘‘(c) Notwithstanding any other law, any person at least 21
years of age who knowingly and intentionally—
‘‘(1) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to violate this section;
or
‘‘(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding
detection or apprehension for any offense under this section
by any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to
triple those authorized by section 401.’’.
H. R. 3355—238
SEC. 140007. INCREASED 
PENALTIES 
FOR 
TRAVEL 
ACT 
CRIMES
INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT
CONTRACT KILLINGS.
(a) TRAVEL ACT PENALTIES.—Section 1952(a) of title 18, United
States Code, is amended by striking ‘‘and thereafter performs or
attempts to perform any of the acts specified in subparagraphs
(1), (2), and (3), shall be fined not more than $10,000 or imprisoned
for not more than five years, or both.’’ and inserting ‘‘and thereafter
performs or attempts to perform—
‘‘(A) an act described in paragraph (1) or (3) shall be
fined under this title, imprisoned not more than 5 years, or
both; or
‘‘(B) an act described in paragraph (2) shall be fined under
this title, imprisoned for not more than 20 years, or both,
and if death results shall be imprisoned for any term of years
or for life.’’.
(b) MURDER CONSPIRACY PENALTIES.—Section 1958(a) of title
18, United States Code, is amended by inserting ‘‘or who conspires
to do so’’ before ‘‘shall be fined’’ the first place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) DIRECTIVE TO SENTENCING COMMISSION.—(1) The United
States Sentencing Commission shall promulgate guidelines or
amend existing guidelines to provide that a defendant 21 years
of age or older who has been convicted of an offense shall receive
an appropriate sentence enhancement if the defendant involved
a minor in the commission of the offense.
(2) The Commission shall provide that the guideline enhance-
ment promulgated pursuant to paragraph (1) shall apply for any
offense in relation to which the defendant has solicited, procured,
recruited, counseled, encouraged, trained, directed, commanded,
intimidated, or otherwise used or attempted to use any person
less than 18 years of age with the intent that the minor would
commit a Federal offense.
(b) RELEVANT CONSIDERATIONS.—In implementing the directive
in subsection (a), the Sentencing Commission shall consider—
(1) the severity of the crime that the defendant intended
the minor to commit;
(2) the number of minors that the defendant used or
attempted to use in relation to the offense;
(3) the fact that involving a minor in a crime of violence
is frequently of even greater seriousness than involving a minor
in a drug trafficking offense, for which the guidelines already
provide a two-level enhancement; and
(4) the possible relevance of the proximity in age between
the offender and the minor(s) involved in the offense.
TITLE XV—CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Part I of title 18, United States Code, is
amended by inserting after chapter 25 the following new chapter:
H. R. 3355—239
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘§ 521. Criminal street gangs
‘‘(a) DEFINITIONS.—
‘‘ ‘conviction’ includes a finding, under State or Federal
law, that a person has committed an act of juvenile delinquency
involving a violent or controlled substances felony.
‘‘ ‘criminal street gang’ means an ongoing group, club,
organization, or association of 5 or more persons—
‘‘(A) that has as 1 of its primary purposes the commis-
sion of 1 or more of the criminal offenses described in
subsection (c);
‘‘(B) the members of which engage, or have engaged
within the past 5 years, in a continuing series of offenses
described in subsection (c); and
‘‘(C) the activities of which affect interstate or foreign
commerce.
‘‘(b) PENALTY.—The sentence of a person convicted of an offense
described in subsection (c) shall be increased by up to 10 years
if the offense is committed under the circumstances described in
subsection (d).
‘‘(c) OFFENSES.—The offenses described in this section are—
‘‘(1) a Federal felony involving a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not less than
5 years;
‘‘(2) a Federal felony crime of violence that has as an
element the use or attempted use of physical force against
the person of another; and
‘‘(3) a conspiracy to commit an offense described in para-
graph (1) or (2).
‘‘(d) CIRCUMSTANCES.—The circumstances described in this sec-
tion are that the offense described in subsection (c) was committed
by a person who—
‘‘(1) participates in a criminal street gang with knowledge
that its members engage in or have engaged in a continuing
series of offenses described in subsection (c);
‘‘(2) intends to promote or further the felonious activities
of the criminal street gang or maintain or increase his or
her position in the gang; and
‘‘(3) has been convicted within the past 5 years for—
‘‘(A) an offense described in subsection (c);
‘‘(B) a State offense—
‘‘(i) involving a controlled substance (as defined
in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not
less than 5 years’ imprisonment; or
‘‘(ii) that is a felony crime of violence that has
as an element the use or attempted use of physical
force against the person of another;
‘‘(C) any Federal or State felony offense that by its
nature involves a substantial risk that physical force
against the person of another may be used in the course
of committing the offense; or
‘‘(D) a conspiracy to commit an offense described in
subparagraph (A), (B), or (C).’’.
H. R. 3355—240
(b) TECHNICAL AMENDMENT.—The part analysis for part I of
title 18, United States Code, is amended by inserting after the
item relating to chapter 25 the following new item:
‘‘26. Criminal street gangs .....................................................................................
521’’.
SEC. 150002. ADULT 
PROSECUTION 
OF 
SERIOUS 
JUVENILE
OFFENDERS.
Section 5032 of title 18, United States Code, is amended—
(1) in the first undesignated paragraph by striking ‘‘922(p)’’
and inserting ‘‘924(b), (g), or (h)’’;
(2) in the fourth undesignated paragraph by inserting ‘‘or
in section 924(b), (g), or (h) of this title,’’ before ‘‘criminal
prosecution’’ the first place it appears; and
(3) in the fifth undesignated paragraph by adding at the
end the following: ‘‘In considering the nature of the offense,
as required by this paragraph, the court shall consider the
extent to which the juvenile played a leadership role in an
organization, or otherwise influenced other persons to take
part in criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor, if found
to exist, shall weigh in favor of a transfer to adult status,
but the absence of this factor shall not preclude such a trans-
fer.’’.
SEC. 150003. ADDITION 
OF 
ANTI-GANG 
BYRNE 
GRANT 
FUNDING
OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section
140004, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(24) law enforcement and prevention programs relating
to gangs, or to youth who are involved or at risk of involvement
in gangs.’’.
SEC. 150006. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 is amended to read as follows:
‘‘REGULATIONS AND GUIDELINES
‘‘SEC. 288C. (a) PROGRAM GUIDELINES.—The Administrator
shall issue program guidelines to implement this part. The program
guidelines shall be effective only after a period for public notice
and comment.
‘‘(b) MODEL SCREENING GUIDELINES.—The Administrator shall
develop and distribute to program participants specific model guide-
lines for the screening of prospective program mentors.’’.
SEC. 150007. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FED-
ERALLY ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile
drug and gang-related activity in ‘‘public housing’’ may be used
for such purposes in federally assisted, low-income housing.
H. R. 3355—241
SEC. 150008. GANG INVESTIGATION COORDINATION AND INFORMA-
TION COLLECTION.
(a) COORDINATION.—The Attorney General (or the Attorney
General’s designee), in consultation with the Secretary of the Treas-
ury (or the Secretary’s designee), shall develop a national strategy
to coordinate gang-related investigations by Federal law enforce-
ment agencies.
(b) DATA COLLECTION.—The Director of the Federal Bureau
of Investigation shall acquire and collect information on incidents
of gang violence for inclusion in an annual uniform crime report.
(c) REPORT.—The Attorney General shall prepare a report on
national gang violence outlining the strategy developed under sub-
section (a) to be submitted to the President and Congress by Janu-
ary 1, 1996.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $1,000,000 for fiscal
year 1996.
SEC. 150009. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by inserting ‘‘victims assistance
programs, or multijurisdictional gang task forces’’ after ‘‘drug task
forces’’.
TITLE XVI—CHILD PORNOGRAPHY
SEC. 160001. PENALTIES 
FOR 
INTERNATIONAL 
TRAFFICKING 
IN
CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of title 18, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 2258. Production of sexually explicit depictions of a minor
for importation into the United States
‘‘(a) USE OF MINOR.—A person who, outside the United States,
employs, uses, persuades, induces, entices, or coerces any minor
to engage in, or who has a minor assist any other person to
engage in, or who transports any minor with the intent that the
minor engage in any sexually explicit conduct for the purpose
of producing any visual depiction of such conduct, intending that
the visual depiction will be imported into the United States or
into waters within 12 miles of the coast of the United States,
shall be punished as provided in subsection (c).
‘‘(b) USE OF VISUAL DEPICTION.—A person who, outside the
United States, knowingly receives, transports, ships, distributes,
sells, or possesses with intent to transport, ship, sell, or distribute
any visual depiction of a minor engaging in sexually explicit conduct
(if the production of the visual depiction involved the use of a
minor engaging in sexually explicit conduct), intending that the
visual depiction will be imported into the United States or into
waters within a distance of 12 miles of the coast of the United
States, shall be punished as provided in subsection (c).
‘‘(c) PENALTIES.—A person who violates subsection (a) or (b),
or conspires or attempts to do so—
‘‘(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
H. R. 3355—242
‘‘(2) if the person has a prior conviction under this chapter
or chapter 109A, shall be fined under this title, imprisoned
not more than 20 years, or both.’’.
(b) TECHNICAL AMENDMENT.—
(1) CHAPTER ANALYSIS.—The chapter analysis for chapter
110 of title 18, United States Code, is amended by adding
at the end the following new item:
‘‘2258. Production of sexually explicit depictions of a minor for importation into the
United States.’’.
(2) FINE PROVISIONS.—Section 2251(d) of title 18, United
States Code, is amended—
(A) by striking ‘‘not more than $100,000, or’’ and insert-
ing ‘‘under this title,’’;
(B) by striking ‘‘not more than $200,000, or’’ and insert-
ing ‘‘under this title,’’; and
(C) by striking ‘‘not more than $250,000’’ and inserting
‘‘under this title’’.
(c) SECTION 2251 PENALTY ENHANCEMENT.—Section 2251(d) of
title 18, United States Code, is amended by striking ‘‘this section’’
the second place it appears and inserting ‘‘this chapter or chapter
109A’’.
(d) SECTION 2252 PENALTY ENHANCEMENT.—Section 2252(b)(1)
of title 18, United States Code, is amended by striking ‘‘this section’’
and inserting ‘‘this chapter or chapter 109A’’.
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and 2252(b)
of title 18, United States Code, are each amended by inserting
‘‘, or attempts or conspires to violate,’’ after ‘‘violates’’ each place
it appears.
(f) RICO AMENDMENT.—Section 1961(l) of title 18, United States
Code, is amended by striking ‘‘2251–2252’’ and inserting ‘‘2251,
2251A, 2252, and 2258’’.
(g) TRANSPORTATION
OF MINORS.—Section 2423 of title 18,
United States Code, is amended—
(1) by striking ‘‘(a) Whoever’’ and inserting ‘‘(a) TRANSPOR-
TATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIV-
ITY.—A person who’’; and
(2) by adding at the end the following new subsection:
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH
A JUVENILE.—A person who travels in interstate commerce, or
conspires to do so, or a United States citizen or an alien admitted
for permanent residence in the United States who travels in foreign
commerce, or conspires to do so, for the purpose of engaging in
any sexual act (as defined in section 2245) with a person under
18 years of age that would be in violation of chapter 109A if
the sexual act occurred in the special maritime and territorial
jurisdiction of the United States shall be fined under this title,
imprisoned not more than 10 years, or both.’’.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION
REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has not
yet done so should enact legislation prohibiting the production,
distribution, receipt, or simple possession of materials depicting
a person under 18 years of age engaging in sexually explicit conduct
(as defined in section 2256 of title 18, United States Code) and
providing for a maximum imprisonment of at least 1 year and
H. R. 3355—243
for the forfeiture of assets used in the commission or support
of, or gained from, such offenses.
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING
SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES
CODE.
(a) DECLARATION.—The Congress declares that in enacting sec-
tions 2252 and 2256 of title 18, United States Code, it was and
is the intent of Congress that—
(1) the scope of ‘‘exhibition of the genitals or pubic area’’
in section 2256(2)(E), in the definition of ‘‘sexually explicit
conduct’’, is not limited to nude exhibitions or exhibitions in
which the outlines of those areas were discernible through
clothing; and
(2) the requirements in section 2252(a) (1)(A), (2)(A),
(3)(B)(i), and (4)(B)(i) that the production of a visual depiction
involve the use of a minor engaging in ‘‘sexually explicit con-
duct’’ of the kind described in section 2256(2)(E) are satisfied
if a person photographs a minor in such a way as to exhibit
the child in a lascivious manner.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that in filing its brief in United States v. Knox, No. 92–1183,
and thereby depriving the United States Supreme Court of the
adverseness necessary for full and fair presentation of the issues
arising in the case, the Department of Justice did not accurately
reflect the intent of Congress in arguing that ‘‘the videotapes in
[the Knox case] constitute ‘lascivious exhibition[s] of the genitals
or pubic area’ only if those body parts are visible in the tapes
and the minors posed or acted lasciviously.’’.
TITLE XVII—CRIMES AGAINST
CHILDREN
Subtitle 
A—Jacob 
Wetterling 
Crimes
Against Children and Sexually Violent
Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General shall estab-
lish guidelines for State programs that require—
(A) a person who is convicted of a criminal offense
against a victim who is a minor or who is convicted of
a sexually violent offense to register a current address
with a designated State law enforcement agency for the
time period specified in subparagraph (A) of subsection
(b)(6); and
(B) a person who is a sexually violent predator to
register a current address with a designated State law
enforcement agency unless such requirement is terminated
under subparagraph (B) of subsection (b)(6).
(2) COURT DETERMINATION.—A determination that a person
is a sexually violent predator and a determination that a person
is no longer a sexually violent predator shall be made by
H. R. 3355—244
the sentencing court after receiving a report by a State board
composed of experts in the field of the behavior and treatment
of sexual offenders.
(3) DEFINITIONS.—For purposes of this section:
(A) The term ‘‘criminal offense against a victim who
is a minor’’ means any criminal offense that consists of—
(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a
parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual
conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual
offense against a minor; or
(viii) an attempt to commit an offense described
in any of clauses (i) through (vii), if the State—
(I) makes such an attempt a criminal offense;
and
(II) chooses to include such an offense in those
which are criminal offenses against a victim who
is a minor for the purposes of this section.
For purposes of this subparagraph conduct which is crimi-
nal only because of the age of the victim shall not be
considered a criminal offense if the perpetrator is 18 years
of age or younger.
(B) The term ‘‘sexually violent offense’’ means any
criminal offense that consists of aggravated sexual abuse
or sexual abuse (as described in sections 2241 and 2242
of title 18, United States Code, or as described in the
State criminal code) or an offense that has as its elements
engaging in physical contact with another person with
intent to commit aggravated sexual abuse or sexual abuse
(as described in such sections of title 18, United States
Code, or as described in the State criminal code).
(C) The term ‘‘sexually violent predator’’ means a per-
son who has been convicted of a sexually violent offense
and who suffers from a mental abnormality or personality
disorder that makes the person likely to engage in preda-
tory sexually violent offenses.
(D) The term ‘‘mental abnormality’’ means a congenital
or acquired condition of a person that affects the emotional
or volitional capacity of the person in a manner that pre-
disposes that person to the commission of criminal sexual
acts to a degree that makes the person a menace to the
health and safety of other persons.
(E) The term ‘‘predatory’’ means an act directed at
a stranger, or a person with whom a relationship has
been established or promoted for the primary purpose of
victimization.
(b) REGISTRATION
REQUIREMENT
UPON
RELEASE, PAROLE,
SUPERVISED RELEASE, OR PROBATION.—An approved State registra-
tion program established under this section shall contain the follow-
ing elements:
(1) DUTY OF STATE PRISON OFFICIAL OR COURT.—
H. R. 3355—245
(A) If a person who is required to register under this
section is released from prison, or placed on parole, super-
vised release, or probation, a State prison officer, or in
the case of probation, the court, shall—
(i) inform the person of the duty to register and
obtain the information required for such registration;
(ii) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency
in writing within 10 days;
(iii) inform the person that if the person changes
residence to another State, the person shall register
the new address with the law enforcement agency with
whom the person last registered, and the person is
also required to register with a designated law enforce-
ment agency in the new State not later than 10 days
after establishing residence in the new State, if the
new State has a registration requirement;
(iv) obtain fingerprints and a photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(v) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(B) In addition to the requirements of subparagraph
(A), for a person required to register under subparagraph
(B) of subsection (a)(1), the State prison officer or the
court, as the case may be, shall obtain the name of the
person, identifying factors, anticipated future residence,
offense history, and documentation of any treatment
received for the mental abnormality or personality disorder
of the person.
(2) TRANSFER OF INFORMATION TO STATE AND THE FBI.—
The officer, or in the case of a person placed on probation,
the court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency
shall immediately enter the information into the appropriate
State law enforcement record system and notify the appropriate
law enforcement agency having jurisdiction where the person
expects to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to
the Federal Bureau of Investigation.
(3) VERIFICATION.—
(A) For a person required to register under subpara-
graph (A) of subsection (a)(1), on each anniversary of the
person’s initial registration date during the period in which
the person is required to register under this section the
following applies:
(i) The designated State law enforcement agency
shall mail a nonforwardable verification form to the
last reported address of the person.
(ii) The person shall mail the verification form
to the designated State law enforcement agency within
10 days after receipt of the form.
H. R. 3355—246
(iii) The verification 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.
(iv) If the person fails to mail the verification
form to the designated State law enforcement agency
within 10 days after receipt of the form, the person
shall be in violation of this section unless the person
proves that the person has not changed the residence
address.
(B) The provisions of subparagraph (A) shall be applied
to a person required to register under subparagraph (B)
of subsection (a)(1), except that such person must verify
the registration every 90 days after the date of the initial
release or commencement of parole.
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES
OF CHANGES IN ADDRESS.—A change of address by a person
required to register under this section reported to the des-
ignated State law enforcement agency shall be immediately
reported to the appropriate law enforcement agency having
jurisdiction where the person is residing. The designated law
enforcement agency shall, if the person changes residence to
another State, notify the law enforcement agency with which
the person must register in the new State, if the new State
has a registration requirement.
(5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER
STATE.—A person who has been convicted of an offense which
requires registration under this section shall register the new
address with a designated law enforcement agency in another
State to which the person moves not later than 10 days after
such person establishes residence in the new State, if the
new State has a registration requirement.
(6) LENGTH OF REGISTRATION.—
(A) A person required to register under subparagraph
(A) of subsection (a)(1) shall continue to comply with this
section until 10 years have elapsed since the person was
released from prison, placed on parole, supervised release,
or probation.
(B) The requirement of a person to register under
subparagraph (B) of subsection (a)(1) shall terminate upon
a determination, made in accordance with paragraph (2)
of subsection (a), that the person no longer suffers from
a mental abnormality or personality disorder that would
make the person likely to engage in a predatory sexually
violent offense.
(c) PENALTY.—A person required to register under a State pro-
gram established pursuant to this section who knowingly fails to
so register and keep such registration current shall be subject
to criminal penalties in any State in which the person has so
failed.
(d) RELEASE OF INFORMATION.—The information collected under
a State registration program shall be treated as private data expect
that—
(1) such information may be disclosed to law enforcement
agencies for law enforcement purposes;
(2) such information may be disclosed to government agen-
cies conducting confidential background checks; and
H. R. 3355—247
(3) the designated State law enforcement agency and any
local law enforcement agency authorized by the State agency
may release relevant information that is necessary to protect
the public concerning a specific person required to register
under this section, except that the identity of a victim of an
offense that requires registration under this section shall not
be released.
(e) IMMUNITY FOR GOOD FAITH CONDUCT.—Law enforcement
agencies, employees of law enforcement agencies, and State officials
shall be immune from liability for good faith conduct under this
section.
(f) COMPLIANCE.—
(1) COMPLIANCE DATE.—Each State shall have not more
than 3 years from the date of enactment of this Act in which
to implement this section, except that the Attorney General
may grant an additional 2 years to a State that is making
good faith efforts to implement this section.
(2) INELIGIBILITY FOR FUNDS.—
(A) A State that fails to implement the program as
described in this section shall not receive 10 percent of
the funds that would otherwise be allocated to the State
under section 506 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3765).
(B) REALLOCATION OF FUNDS.—Any funds that are not
allocated for failure to comply with this section shall be
reallocated to States that comply with this section.
Subtitle B—Assaults Against Children
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) SIMPLE ASSAULT.—Section 113(e) of title 18, United States
Code, is amended by inserting ‘‘, or if the victim of the assault
is an individual who has not attained the age of 16 years, by
fine under this title or imprisonment for not more than 1 year,
or both’’ before the period.
(b) ASSAULTS RESULTING
IN SUBSTANTIAL BODILY INJURY.—
Section 113 of title 18, United States Code, is amended by adding
at the end the following:
‘‘(7) Assault resulting in substantial bodily injury to an
individual who has not attained the age of 16 years, by fine
under this title or imprisonment for not more than 5 years,
or both.’’.
(c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113.—Sec-
tion 113 of title 18, United States Code, is amended—
(1) in paragraph (b), by striking ‘‘of not more than $3,000’’
and inserting ‘‘under this title’’;
(2) in paragraph (c), by striking ‘‘of not more than $1,000’’
and inserting ‘‘under this title’’;
(3) in paragraph (d), by striking ‘‘of not more than $500’’
and inserting ‘‘under this title’’;
(4) by modifying the left margin of each of paragraphs
(a) through (f) so that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as para-
graphs (1) through (6); and
(6) by inserting ‘‘(a)’’ before ‘‘Whoever’’.
H. R. 3355—248
(d) DEFINITIONS.—Section 113 of title 18, United States Code,
is amended by adding at the end the following:
‘‘(b) As used in this subsection—
‘‘(1) the term ‘substantial bodily injury’ means bodily injury
which involves—
‘‘(A) a temporary but substantial disfigurement; or
‘‘(B) a temporary but substantial loss or impairment
of the function of any bodily member, organ, or mental
faculty; and
‘‘(2) the term ‘serious bodily injury’ has the meaning given
that term in section 1365 of this title.’’.
(e) ASSAULTS IN INDIAN COUNTRY.—Section 1153(a) of title 18,
United States Code, is amended by inserting ‘‘(as defined in section
1365 of this title), an assault against an individual who has not
attained the age of 16 years’’ after ‘‘serious bodily injury’’.
Subtitle C—Missing and Exploited
Children
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the ‘‘Morgan P. Hardiman Task
Force on Missing and Exploited Children Act’’.
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force com-
prised of law enforcement officers from pertinent Federal agencies
to work with the National Center for Missing and Exploited Chil-
dren (referred to as the ‘‘Center’’) and coordinate the provision
of Federal law enforcement resources to assist State and local
authorities in investigating the most difficult cases of missing and
exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5771 et seq.) is amended—
(1) by redesignating sections 407 and 408 as sections 408
and 409, respectively; and
(2) by inserting after section 406 the following new section:
‘‘TASK FORCE
‘‘SEC. 407. (a) ESTABLISHMENT.—There is established a Missing
and Exploited Children’s Task Force (referred to as the ‘‘Task
Force’’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Task Force shall include at least
2 members from each of—
‘‘(A) the Federal Bureau of Investigation;
‘‘(B) the Secret Service;
‘‘(C) the Bureau of Alcohol, Tobacco and Firearms;
‘‘(D) the United States Customs Service;
‘‘(E) the Postal Inspection Service;
‘‘(F) the United States Marshals Service; and
‘‘(G) the Drug Enforcement Administration.
‘‘(2) CHIEF.—A representative of the Federal Bureau of
Investigation (in addition to the members of the Task Force
H. R. 3355—249
selected under paragraph (1)(A)) shall act as chief of the Task
Force.
‘‘(3) SELECTION.—(A) The Director of the Federal Bureau
of Investigation shall select the chief of the Task Force.
‘‘(B) The heads of the agencies described in paragraph
(1) shall submit to the chief of the Task Force a list of at
least 5 prospective Task Force members, and the chief shall
select 2, or such greater number as may be agreeable to an
agency head, as Task Force members.
‘‘(4) PROFESSIONAL QUALIFICATIONS.—The members of the
Task Force shall be law enforcement personnel selected for
their expertise that would enable them to assist in the inves-
tigation of cases of missing and exploited children.
‘‘(5) STATUS.—A member of the Task Force shall remain
an employee of his or her respective agency for all purposes
(including the purpose of performance review), and his or her
service on the Task Force shall be without interruption or
loss of civil service privilege or status and shall be on a
nonreimbursable basis.
‘‘(6) PERIOD OF SERVICE.—(A) Subject to subparagraph (B),
1 member from each agency shall initially serve a 1-year term,
and the other member from the same agency shall serve a
1-year term, and may be selected to a renewal of service for
1 additional year; thereafter, each new member to serve on
the Task Force shall serve for a 2-year period with the member’s
term of service beginning and ending in alternate years with
the other member from the same agency; the period of service
for the chief of the Task Force shall be 3 years.
‘‘(B) The chief of the Task Force may at any time request
the head of an agency described in paragraph (1) to submit
a list of 5 prospective Task Force members to replace a member
of the Task Force, for the purpose of maintaining a Task
Force membership that will be able to meet the demands of
its caseload.
‘‘(c) SUPPORT.—
‘‘(1) IN GENERAL.—The Administrator of the General Serv-
ices Administration, in coordination with the heads of the agen-
cies described in subsection (b)(1), shall provide the Task Force
office space and administrative and support services, such office
space to be in close proximity to the office of the Center,
so as to enable the Task Force to coordinate its activities
with that of the Center on a day-to-day basis.
‘‘(2) LEGAL GUIDANCE.—The Attorney General shall assign
an attorney to provide legal guidance, as needed, to members
of the Task Force.
‘‘(d) PURPOSE.—
‘‘(1) IN GENERAL.—The purpose of the Task Force shall
be to make available the combined resources and expertise
of the agencies described in paragraph (1) to assist State and
local governments in the most difficult missing and exploited
child cases nationwide, as identified by the chief of the Task
Force from time to time, in consultation with the Center, and
as many additional cases as resources permit, including the
provision of assistance to State and local investigators on loca-
tion in the field.
‘‘(2) TECHNICAL ASSISTANCE.—The role of the Task Force
in any investigation shall be to provide advice and technical
H. R. 3355—250
assistance and to make available the resources of the agencies
described in subsection (b)(1); the Task Force shall not take
a leadership role in any such investigation.
‘‘(e) CROSS-DESIGNATION OF TASK FORCE MEMBERS.—The Attor-
ney General may cross-designate the members of the Task Force
with jurisdiction to enforce Federal law related to child abduction
to the extent necessary to accomplish the purposes of this section.’’.
TITLE XVIII—RURAL CRIME
Subtitle A—Drug Trafficking in Rural
Areas
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGEN-
CIES.
(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—
‘‘(A) $24,000,000 for fiscal year 1996;
‘‘(B) $40,000,000 for fiscal year 1997;
‘‘(C) $50,000,000 for fiscal year 1998;
‘‘(D) $60,000,000 for fiscal year 1999; and
‘‘(E) $66,000,000 for fiscal year 2000.’’.
(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’’.
(c) CLARIFICATION.—Section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3796bb(b))
is amended by inserting ‘‘, based on the decennial census of 1990
through fiscal year 1997’’ before the period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) ESTABLISHMENT.—The Attorney General, in consultation
with the Governors, mayors, and chief executive officers of State
and local law enforcement agencies, may establish a Rural Crime
and Drug Enforcement Task Force in judicial districts that encom-
pass significant rural lands. Assets seized as a result of investiga-
tions initiated by a Rural Crime and Drug Enforcement Task Force
and forfeited under Federal law shall be used, consistent with
the guidelines on equitable sharing established by the Attorney
General and of the Secretary of the Treasury, primarily to enhance
the operations of the task force and its participating State and
local law enforcement agencies.
(b) TASK FORCE MEMBERSHIP.—The Task Forces established
under subsection (a) shall be carried out under policies and proce-
dures established by the Attorney General. The Attorney General
may deputize State and local law enforcement officers and may
cross-designate up to 100 Federal law enforcement officers, when
necessary to undertake investigations pursuant to section 503(a)
of the Controlled Substances Act (21 U.S.C. 873(a)) or offenses
punishable by a term of imprisonment of 10 years or more under
title 18, United States Code. The task forces—
(1) shall include representatives from—
H. R. 3355—251
(A) State and local law enforcement agencies;
(B) the office of the United States Attorney for the
judicial district; and
(C) the Federal Bureau of Investigation, the Drug
Enforcement Administration, the Immigration and Natu-
ralization Service, and the United States Marshals Service;
and
(2) may include representatives of other Federal law
enforcement agencies, such as the United States Customs Serv-
ice, United States Park Police, United States Forest Service,
Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land
Management.
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—The Director
of the Federal Law Enforcement Training Center shall develop
a specialized course of instruction devoted to training law enforce-
ment 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) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS-
TRATION.
There are authorized to be appropriated for the hiring of addi-
tional Drug Enforcement Administration agents—
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.
Subtitle B—Drug Free Truck Stops and
Safety Rest Areas
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Drug
Free Truck Stop Act’’.
(b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.—
(1) IN GENERAL.—Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
‘‘TRANSPORTATION SAFETY OFFENSES
‘‘SEC. 409. (a) DEFINITIONS.—In this section—
‘‘ ‘safety rest area’ means a roadside facility with parking
facilities for the rest or other needs of motorists.
‘‘ ‘truck stop’ means a facility (including any parking lot
appurtenant thereto) that—
H. R. 3355—252
‘‘(A) has the capacity to provide fuel or service, or
both, to any commercial motor vehicle (as defined in section
31301 of title 49, United States Code), operating in com-
merce (as defined in that section); and
‘‘(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid
Primary System.
‘‘(b) FIRST OFFENSE.—A person who violates section 401(a)(1)
or section 416 by distributing or possessing with intent to distribute
a controlled substance in or on, or within 1,000 feet of, a truck
stop or safety rest area is (except as provided in subsection (b))
subject to—
‘‘(1) twice the maximum punishment authorized by section
401(b); and
‘‘(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
‘‘(c) SUBSEQUENT OFFENSE.—A person who violates section
401(a)(1) or section 416 by distributing or possessing with intent
to distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or a safety rest area after a prior conviction
or convictions under subsection (a) have become final is subject
to—
‘‘(1) 3 times the maximum punishment authorized by sec-
tion 401(b); and
‘‘(2) 3 times any term of supervised release authorized
by section 401(b) for a first offense.’’.
(2) TECHNICAL AMENDMENTS.—
(A) CROSS
REFERENCE.—Section 401(b) of the Con-
trolled Substances Act (21 U.S.C. 841(b)) is amended by
inserting ‘‘409,’’ before ‘‘418,’’ each place it appears.
(B) TABLE OF CONTENTS.—The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act
of 1970 is amended by striking the item relating to section
409 and inserting the following new item:
‘‘Sec. 409. Transportation safety offenses.’’.
(c) SENTENCING GUIDELINES.—Pursuant to its authority under
section 994 of title 28, United States Code, and section 21 of
the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States
Sentencing Commission shall promulgate guidelines, or shall amend
existing guidelines, to provide an appropriate enhancement of
punishment for a defendant convicted of violating section 409 of
the Controlled Substances Act, as added by subsection (b).
Subtitle C—Sense of Congress Regarding
Funding for Rural Areas
SEC. 180301. FUNDING FOR RURAL AREAS.
It is the sense of Congress that—
(1) the Attorney General should ensure that funding for
programs authorized by the provisions of this Act and amend-
ments made by this Act is distributed in such a manner that
rural areas continue to receive comparable support for their
broad-based crime fighting initiatives;
H. R. 3355—253
(2) rural communities should not receive less funding than
they received in fiscal year 1994 for anti-crime initiatives as
a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
TITLE XIX—FEDERAL LAW
ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
(a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
FEDERAL JUDICIARY.—
FEDERAL JUDICIARY.—There are authorized to be appro-
priated for the activities of the Federal Judiciary to help meet
the increased demands for judicial activities, including super-
vised release, pre-trial and probation services, that will result
from enactment into law of this Act—
(A) $30,000,000 for fiscal year 1996;
(B) $35,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $55,000,000 for fiscal year 2000.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
DEPARTMENT OF JUSTICE.—There is authorized to be appropriated
for the activities and agencies of the Department of Justice, in
addition to sums authorized elsewhere in this section, to help meet
the increased demands for Department of Justice activities that
will result from enactment into law of this Act—
(A) $40,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $39,000,000 for fiscal year 2000.
(c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
FEDERAL BUREAU OF INVESTIGATION.—There is authorized to be
appropriated for the activities of the Federal Bureau of Investiga-
tion, to help meet the increased demands for Federal Bureau of
Investigation activities that will result from enactment into law
of this Act—
(A) $35,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $60,000,000 for fiscal year 2000.
(d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED
STATES ATTORNEYS.—There is authorized to be appropriated for
the account Department of Justice, Legal Activities, ‘‘Salaries and
expenses, United States Attorneys’’, to help meet the increased
demands for litigation and related activities which will result from
enactment into law of this Act—
(A) $5,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $12,000,000 for fiscal year 1999; and
(E) $15,000,000 for fiscal year 2000.
H. R. 3355—254
(e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
DEPARTMENT OF THE TREASURY.—There is authorized to be appro-
priated for the activities of the Bureau of Alcohol, Tobacco, and
Firearms, the United States Customs Service, the Financial Crimes
Enforcement Network, the Federal Law Enforcement Training Cen-
ter, the Criminal Investigation Division of the Internal Revenue
Service, and the United States Secret Service to help meet the
increased demands for Department of the Treasury activities that
will result from enactment into law of this Act—
(A) $30,000,000 for fiscal year 1995;
(B) $70,000,000 for fiscal year 1996;
(C) $90,000,000 for fiscal year 1997;
(D) $110,000,000 for fiscal year 1998;
(E) $125,000,000 for fiscal year 1999; and
(F) $125,000,000 for fiscal year 2000.
TITLE XX—POLICE CORPS AND LAW EN-
FORCEMENT 
OFFICERS 
TRAINING
AND EDUCATION
Subtitle A—Police Corps
SEC. 200101. SHORT TITLE.
This subtitle may be cited as the ‘‘Police Corps Act’’.
SEC. 200102. PURPOSES.
The purposes of this subtitle are to—
(1) address violent crime by increasing the number of police
with advanced education and training on community patrol;
and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. 200103. DEFINITIONS.
In this subtitle—
‘‘academic year’’ means a traditional academic year begin-
ning in August or September and ending in the following May
or June.
‘‘dependent child’’ means a natural or adopted child or
stepchild of a law enforcement officer who at the time of the
officer’s death—
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent on
the child’s parents for at least one-half of the child’s support
(excluding educational expenses), as determined by the
Director.
‘‘Director’’ means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
200104.
‘‘educational expenses’’ means expenses that are directly
attributable to—
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
H. R. 3355—255
(B) a course of graduate study legal or criminal justice
studies following award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies, transpor-
tation, room and board and miscellaneous expenses.
‘‘institution of higher education’’ has the meaning stated
in the first sentence of section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)).
‘‘participant’’ means a participant in the Police Corps pro-
gram selected pursuant to section 200106.
‘‘State’’ means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
‘‘State Police Corps program’’ means a State police corps
program that meets the requirements of section 200110.
SEC. 200104. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND
LAW ENFORCEMENT EDUCATION.
There is established in the Department of Justice, under the
general authority of the Attorney General, an Office of the Police
Corps and Law Enforcement Education.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF
STATE PLAN.
(a) LEAD AGENCY.—A State that desires to participate in the
Police Corps program under this subtitle shall designate a lead
agency that will be responsible for—
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) STATE PLANS.—A State plan shall—
(1) contain assurances that the lead agency shall work
in cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police manage-
ment organizations, and other appropriate State and local agen-
cies to develop and implement interagency agreements designed
to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this subtitle;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the pro-
gram; and
(4) meet the requirements of section 200110.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED.—(1) The Director may award
scholarships to participants who agree to work in a State or local
police force in accordance with agreements entered into pursuant
to subsection (d).
(2)(A) Except as provided in subparagraph (B), each scholarship
payment made under this section for each academic year shall
not exceed—
(i) $7,500; or
(ii) the cost of the educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar year,
H. R. 3355—256
the amount of scholarship payments made during such year shall
not exceed $10,000.
(C) The total amount of scholarship assistance received by
any one student under this section shall not exceed $30,000.
(3) Recipients of scholarship assistance under this section shall
continue to receive such scholarship payments only during such
periods as the Director finds that the recipient is maintaining
satisfactory progress as determined by the institution of higher
education the recipient is attending.
(4)(A) The Director shall make scholarship payments under
this section directly to the institution of higher education that
the student is attending.
(B) Each institution of higher education receiving a payment
on behalf of a participant pursuant to subparagraph (A) shall remit
to such student any funds in excess of the costs of tuition, fees,
and room and board payable to the institution.
(b) REIMBURSEMENT AUTHORIZED.—(1) The Director may make
payments to a participant to reimburse such participant for the
costs of educational expenses if the student agrees to work in
a State or local police force in accordance with the agreement
entered into pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed—
(i) $7,500; or
(ii) the cost of educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course
of educational study during substantially an entire calendar year,
the amount of scholarship payments made during such year shall
not exceed $10,000.
(C) The total amount of payments made pursuant to subpara-
graph (A) to any 1 student shall not exceed $30,000.
(c) USE OF SCHOLARSHIP.—Scholarships awarded under this
subsection shall only be used to attend a 4-year institution of
higher education, except that—
(1) scholarships may be used for graduate and professional
study; and
(2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education, the
Director may reimburse the participant for the participant’s
prior educational expenses.
(d) AGREEMENT.—(1)(A) Each participant receiving a scholar-
ship or a payment under this section shall enter into an agreement
with the Director.
(B) An agreement under subparagraph (A) shall contain assur-
ances that the participant shall—
(i) after successful completion of a baccalaureate program
and training as prescribed in section 200108, work for 4 years
in a State or local police force without there having arisen
sufficient cause for the participant’s dismissal under the rules
applicable to members of the police force of which the partici-
pant is a member;
(ii) complete satisfactorily—
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study)
or the reward of credit to the participant for having com-
H. R. 3355—257
pleted one or more graduate courses (in the case of graduate
study); and
(II) Police Corps training and certification by the Direc-
tor that the participant has met such performance stand-
ards as may be established pursuant to section 200108;
and
(iii) repay all of the scholarship or payment received plus
interest at the rate of 10 percent if the conditions of clauses
(i) and (ii) are not complied with.
(2)(A) A recipient of a scholarship or payment under this section
shall not be considered to be in violation of the agreement entered
into pursuant to paragraph (1) if the recipient—
(i) dies; or
(ii) becomes permanently and totally disabled as estab-
lished by the sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because of
a physical or emotional disability or for good cause as determined
by the Director, the Director may substitute community service
in a form prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph (1).
(e) DEPENDENT CHILD.—A dependent child of a law enforcement
officer—
(1) who is a member of a State or local police force or
is a Federal criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program,
but
(3) who serves in a State for which the Director has
approved a Police Corps plan, and
(4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this
section for any course of study in any accredited institution of
higher education. Such dependent child shall not incur any repay-
ment obligation in exchange for the scholarship assistance provided
in this section.
(f) APPLICATION.—Each participant desiring a scholarship or
payment under this section shall submit an application as pre-
scribed by the Director in such manner and accompanied by such
information as the Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
(a) IN GENERAL.—Participants in State Police Corps programs
shall be selected on a competitive basis by each State under regula-
tions prescribed by the Director.
(b) SELECTION CRITERIA AND QUALIFICATIONS.—(1) In order to
participate in a State Police Corps program, a participant shall—
(A) be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of
the State or local police force to which the participant will
be assigned pursuant to section 200110(5), including achieve-
ment of satisfactory scores on any applicable examination,
except that failure to meet the age requirement for a trainee
of the State or local police shall not disqualify the applicant
if the applicant will be of sufficient age upon completing an
undergraduate course of study;
H. R. 3355—258
(C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the duties
of a law enforcement officer;
(D) be of good character and demonstrate sincere motiva-
tion and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study
leading to the award of a baccalaureate degree and will then
accept an appointment and complete 4 years of service as
an officer in the State police or in a local police department
within the State;
(F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the participant
will accept an appointment and complete 4 years of service
as an officer in the State police or in a local police department
within the State before undertaking or continuing graduate
study;
(G) contract, with the consent of the participant’s parent
or guardian if the participant is a minor, to serve for 4 years
as an officer in the State police or in a local police department,
if an appointment is offered; and
(H) except as provided in paragraph (2), be without pre-
vious law enforcement experience.
(2)(A) Until the date that is 5 years after the date of enactment
of this Act, up to 10 percent of the applicants accepted into the
Police Corps program may be persons who—
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted toward
satisfaction of the participant’s 4-year service obligation under sec-
tion 200109, and such a participant shall be subject to the same
benefits and obligations under this subtitle as other participants,
including those stated in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a
participant’s previous period of law enforcement experience for pur-
poses other than satisfaction of the requirements of section 200109,
such as for purposes of determining such a participant’s pay and
other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be no
more than 20,000 participants in each graduating class. The Direc-
tor shall approve State plans providing in the aggregate for such
enrollment of applicants as shall assure, as nearly as possible,
annual graduating classes of 20,000. In a year in which applications
are received in a number greater than that which will produce,
in the judgment of the Director, a graduating class of more than
20,000, the Director shall, in deciding which applications to grant,
give preference to those who will be participating in State plans
that provide law enforcement personnel to areas of greatest need.
(c) RECRUITMENT OF MINORITIES.—Each State participating in
the Police Corps program shall make special efforts to seek and
recruit applicants from among members of all racial, ethnic or
gender groups. This subsection does not authorize an exception
from the competitive standards for admission established pursuant
to subsections (a) and (b).
H. R. 3355—259
(d) ENROLLMENT
OF APPLICANT.—(1) An applicant shall be
accepted into a State Police Corps program on the condition that
the applicant will be matriculated in, or accepted for admission
at, a 4-year institution of higher education—
(A) as a full-time student in an undergraduate program;
or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set
forth in paragraph (1), the applicant’s acceptance in the program
shall be revoked.
(e) LEAVE OF ABSENCE.—(1) A participant in a State Police
Corps program who requests a leave of absence from educational
study, training or service for a period not to exceed 1 year (or
18 months in the aggregate in the event of multiple requests)
due to temporary physical or emotional disability shall be granted
such leave of absence by the State.
(2) A participant who requests a leave of absence from edu-
cational study, training or service for a period not to exceed 1
year (or 18 months in the aggregate in the event of multiple
requests) for any reason other than those listed in paragraph (1)
may be granted such leave of absence by the State.
(3) A participant who requests a leave of absence from edu-
cational study or training for a period not to exceed 30 months
to serve on an official church mission may be granted such leave
of absence.
(f) ADMISSION OF APPLICANTS.—An applicant may be admitted
into a State Police Corps program either before commencement
of or during the applicant’s course of educational study.
SEC. 200108. POLICE CORPS TRAINING.
(a) IN GENERAL.—(1) The Director shall establish programs
of training for Police Corps participants. Such programs may be
carried out at up to 3 training centers established for this purpose
and administered by the Director, or by contracting with existing
State training facilities. The Director shall contract with a State
training facility upon request of such facility if the Director deter-
mines that such facility offers a course of training substantially
equivalent to the Police Corps training program described in this
subtitle.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including State
and local police forces) to obtain the services of persons qualified
to participate in and contribute to the training process.
(3) The Director may enter into agreements with agencies of
the Federal Government to utilize on a reimbursable basis space
in Federal buildings and other resources.
(4) The Director may authorize such expenditures as are nec-
essary for the effective maintenance of the training centers, includ-
ing purchases of supplies, uniforms, and educational materials,
and the provision of subsistence, quarters, and medical care to
participants.
(b) TRAINING SESSIONS.—A participant in a State Police Corps
program shall attend two 8-week training sessions at a training
center, one during the summer following completion of sophomore
year and one during the summer following completion of junior
year. If a participant enters the program after sophomore year,
H. R. 3355—260
the participant shall complete 16 weeks of training at times deter-
mined by the Director.
(c) FURTHER TRAINING.—The 16 weeks of Police Corps training
authorized in this section is intended to serve as basic law enforce-
ment training but not to exclude further training of participants
by the State and local authorities to which they will be assigned.
Each State plan approved by the Director under section 10 shall
include assurances that following completion of a participant’s
course of education each participant shall receive appropriate addi-
tional training by the State or local authority to which the partici-
pant is assigned. The time spent by a participant in such additional
training, but not the time spent in Police Corps training, shall
be counted toward fulfillment of the participant’s 4-year service
obligation.
(d) COURSE OF TRAINING.—The training sessions at training
centers established under this section shall be designed to provide
basic law enforcement training, including vigorous physical and
mental training to teach participants self-discipline and organiza-
tional loyalty and to impart knowledge and understanding of legal
processes and law enforcement.
(e) EVALUATION OF PARTICIPANTS.—A participant shall be evalu-
ated during training for mental, physical, and emotional fitness,
and shall be required to meet performance standards prescribed
by the Director at the conclusion of each training session in order
to remain in the Police Corps program.
(f) STIPEND.—The Director shall pay participants in training
sessions a stipend of $250 a week during training.
SEC. 200109. SERVICE OBLIGATION.
(a) SWEARING IN.—Upon satisfactory completion of the partici-
pant’s course of education and training program established in
section 200108 and meeting the requirements of the police force
to which the participant is assigned, a participant shall be sworn
in as a member of the police force to which the participant is
assigned pursuant to the State Police Corps plan, and shall serve
for 4 years as a member of that police force.
(b) RIGHTS AND RESPONSIBILITIES.—A participant shall have
all of the rights and responsibilities of and shall be subject to
all rules and regulations applicable to other members of the police
force of which the participant is a member, including those con-
tained in applicable agreements with labor organizations and those
provided by State and local law.
(c) DISCIPLINE.—If the police force of which the participant
is a member subjects the participant to discipline such as would
preclude the participant’s completing 4 years of service, and result
in denial of educational assistance under section 200106, the Direc-
tor may, upon a showing of good cause, permit the participant
to complete the service obligation in an equivalent alternative law
enforcement service and, if such service is satisfactorily completed,
section 200106(d)(1)(B)(iii) shall not apply.
(d) LAYOFFS.—If the police force of which the participant is
a member lays off the participant such as would preclude the
participant’s completing 4 years of service, and result in denial
of educational assistance under section 200106, the Director may
permit the participant to complete the service obligation in an
equivalent alternative law enforcement service and, if such service