Crime Control Act of 1990
PL 101-647 (S.3266), enacted 11/29/1990

PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4789 
Public Law 101-647 
101st Congress 
An Act 
To control crime. 
Be it enacted by the Senate and House of Representatives of the 
Nov. 29, 1990 
[S. 3266] 
United States of America in Congress assembled. 
Crime Control 
' 
^ 
Act of 1990. 
SECTION 1. SHORT TITLE. 
18 USC 1 note. 
This Act may be cited £is the "Crime Control Act of 1990". 
TITLE I—INTERNATIONAL MONEY 
LAUNDERING 
SEC. 101. REPORTS ON USES MADE OF CURRENCY TRANSACTION RE- 
31 USC 5311 
PORTS. 
^°^-
Not later than 180 days after the effective date of this section, and 
every 2 years for 4 years, the Secretary of the Treasury shall report 
to the Congress the following: 
(1) the number of each type of report filed pursuant to sub-
chapter II of chapter 53 of title 31, United States Code (or 
regulations promulgated thereunder) in the previous fiscal year; 
(2) the number of reports filed pursuant to section 60501 of the 
Internal Revenue Code of 1986 (regarding transactions involv-
ing currency) in the previous fiscal year; 
(3) an estimate of the rate of compliance with the reporting 
requirements by persons required to file the reports referred to 
in paragraphs (1) and (2); 
(4) the manner in which the Department of the Treasury and 
other agencies of the United States collect, organize, analyze 
and use the reports referred to in paragraphs (1) and (2) to 
support investigations and prosecutions of (A) violations of the 
criminal laws of the United States, (B) violations of the laws of 
foreign countries, and (C) civil enforcement of the laws of the 
United States including the provisions regarding asset forfeit-
ure; 
(5) a summary of sanctions imposed in the previous fiscal year 
against persons who failed to comply with the reporting require-
ments referred to in paragraphs (1) and (2), and other steps 
taken to ensure maximum compliance; 
(6) a summary of criminal indictments filed in the previous 
fiscal year which resulted, in large part, from investigations 
initiated by analysis of the reports referred to in paragraphs (1) 
and (2); and 
(7) a summary of criminal indictments filed in the previous 
fiscal year which resulted, in large part, from investigations 
initiated by information regarding suspicious financial trans-
actions provided voluntarily by financial institutions. 
104 STAT. 4790 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 102. ELECTRONIC SCANNING OF CERTAIN UNITED STATES CUR-
RENCY NOTES. 
Establishment. 
(a) ELECTRONIC SCANNING TASK FORCE.—(1) Not more than thirty 
days after the date of enactment of this section, the Secretary of the 
Treasury (hereafter in this section referred to as the "Secretary") 
shall appoint an Electronic Scanning Task Force (hereafter in this 
section referred to as the "Task Force") to— 
(A) study methods of printing on United States currency notes 
issued under section 51115 of title 31, United States Code, in 
denominations of $10 or more a serial number on each such 
United States currency note that may be read by electronic 
scanning; 
(B) make an assessment of the cost of implementing such 
electronic scanning of such United States currency notes; and 
(C) make recommendations abput the amount of time needed 
to implement such electronic scanning. 
(2) In appointing members to the Task Force described in subsec-
tion (a), the Secretary shall appoint such number of members as the 
Secretary determines to be appropriate. The Secretary, shall, at a 
minimum appoint to the Task Force— 
(A) the Assistant Secretary for Enforcement in the Depart-
ment of the Treasury (who shall serve as a nonvoting, ex officio 
member); 
(B) at least one recognized expert from each of the following 
fields relating to electronic scanning technology: 
(i) coding, 
(ii) symbology, 
(iii) scanning systems, 
(iv) computer data compilation, and 
(v) printing technology, and 
(C) Representatives from each of the following: 
(i) the Bureau of Engraving and Printing, 
(ii) the Federal Reserve Board, and 
(iii) the United States Secret Service. 
(3) Except as provided in paragraph (2)(A), no individual who is a 
full-time employee of the Federal Government may serve as a 
member of the Task Force. 
(4) The provisions of the Federal Advisory Committee Act shall 
not apply with respect to the Task Force. 
(5) Members of the Task Force shall, while attending meetings 
and conferences of the Task Force or otherwise engaging in the 
business of the Task Force (including travel time), be entitled to 
receive compensation at a rate fixed by the Secretary, but not 
exceeding the rate specified at the time of such service under GS-18 
of the General Schedule established under section 5332 of title 5, 
United States Code. 
(6) While away from their homes or regular places of business on 
the business of the Task Force, such members may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for persons employed 
intermittently in the Government service. 
(7) Upon the issuance of the report by the Secretary under subsec-
tion (b), the Task Force shall cease to exist. 
(b) REPORT TO THE CONGRESS.—Not later than one hundred and 
eighty days after the date of enactment of this section, the Secretary 
shall issue a report to the appropriate committees of the Congress 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4791 
that summarizes the findings and recommendations of the Task 
Force under subsection (a)(1), and includes any additional rec-
ommendations by the Secretary, 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated such sums as may be necessary to carry out the 
purposes of this section. 
SEC. 103. CONFORMING AMENDMENT RELATING TO THE EQUITABLE 
TRANSFER OF FORFEITED PROPERTY TO A PARTICIPATING 
FOREIGN NATION. 
Section 981(i) of title 18, United States Code, is amended— 
(1) by striking out the matter before paragraph (1); 
(2) by realigning paragraphs (1) through (5) 2 ems to the left, 
so that the left margins of such paragraphs are flush; 
(3) by striking out "(1) Notwithstanding" in paragraph (1) and 
all that follows through the end of the second sentence of that 
parsigraph and inserting in lieu thereof the following: 
"(i)(l) Whenever property is civilly or criminally forfeited under 
this chapter, the Attorney General or the Secretary of the Treasury, 
as the case may be, may transfer the forfeited personal property or 
the proceeds of the sale of any forfeited personal or real property to 
any foreign country which participated directly or indirectly in the 
seizure or forfeiture of the property, if such a transfer— 
"(A) has been agreed to by the Secretary of State; 
"(B) is authorized in an international agreement between the 
United States and the foreign country; and 
"(C) is made to a country which, if applicable, has been 
certified under section 481(h) of the Foreign Assistance Act of 
1961."; 
(4) by inserting after "Attorney General" in the third and 
fifth sentences of paragraph (1) the following: "or the Secretary 
of the Treasury"; and 
(5) by striking out the last sentence of paragraph (1). 
SEC. 104. ADDITION OF CONFORMING PREDICATE MONEY LAUNDERING 
REFERENCES TO "INSIDER" EXEMPTION FROM THE RIGHT TO 
FINANCIAL PRIVACY ACT. 
Section 1113(1)(2) of the Right to Financial Privacy Act of 1978 (12 
U.S.C. 3413(1)(2)) is amended by inserting "or of section 1956 or 1957 
of title 18, United States Code" after "any provision of subchapter II 
of chapter 53 of title 31, United States Code". 
SEC. 105. CLARIFICATION 
OF 
DEFINITION 
OF 
"MONETARY 
IN-
STRUMENTS". 
Section 1956(c)(5) of title 18, United States Code, is amended to 
read as follows: 
"(5) the term 'monetary instruments' means (i) coin or cur-
rency of the United States or of any other country, travelers' 
checks, personal checks, bank checks, and money orders, or (ii) 
investment securities or negotiable instruments, in bearer form 
or otherwise in such form that title thereto passes upon 
delivery;". 
SEC. 106. MONEY LAUNDERING AMENDMENTS. 
Section 1956(c)(1) of title 18, United States Code, is amended by 
striking "State or Federal" and inserting "State, Federal, or for-
eign". 
, 
104 STAT. 4792 
PUBLIC LAW 101-647—NOV. 29, 1990 
Victims of Child 
Abuse Act of 
1990. 
Courts. 
Legal services. 
42 u s e 13001 
note. 
Grant programs. 
SEC. 107. CORRECTION 
OF ERRONEOUS 
PREDICATE 
OFFENSE 
REF-
ERENCE UNDER 18 U.S.C. 1956. 
Section 1956(c)(7)(D) of title 18, United States Code, is amended by 
striking out "section 310 of the Controlled Substances Act (21 U.S.C. 
830) (relating to precursor and essential chemicals)" and inserting in 
lieu thereof "a felony violation of the Chemical Diversion and 
Trafficking Act of 1988 (relating to precursor and essential 
chemicals)". 
SEC. 108. KNOWLEDGE REQUIREMENT FOR INTERNATIONAL 
MONEY 
LAUNDERING. 
Section 1956(a) of title 18, United States Code, is amended— 
(1) in paragraph (2) by inserting at the end the following: "For 
the purpose of the offense described in subparagraph (B), the 
defendant's knowledge may be established by proof that a law 
enforcement 
officer 
represented 
the matter specified 
in 
subparagraph (B) £is true, and the defendant's subsequent state-
ments or actions indicate that the defendant believed such 
representations to be true."; and 
(2) in paragraph (3) by striking "For purposes of this para-
graph" and inserting "For purposes of this paragraph and 
paragraph (2)". 
. 
TITLE II—VICTIMS OF CHILD ABUSE ACT 
OF 1990 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Victims of Child Abuse Act of 
1990". 
Subtitle A—Improving Investigation and 
Prosecution of Child Abuse Cases 
42 u s e 13001. 
SEC. 211. FINDINGS. 
The Congress finds that— 
(1) over 2,000,000 reports of suspected child abuse and neglect 
are made each year, and drug abuse is associated with a signifi-
cant portion of these; 
(2) the investigation and prosecution of child abuse cases is 
extremely complex, involving numerous agencies and dozens of 
personnel; 
(3) in such cases, too often the system does not pay sufficient 
attention to the needs and welfare of the child victim, aggravat-
ing the trauma that the child victim has already experienced; 
(4) multidisciplinary child abuse investigation and prosecu-
tion programs have been developed that increase the reporting 
of child abuse cases, reduce the trauma to the child victim, and 
increase the successful prosecution of child abuse offenders; and 
(5) such programs have proven effective, and with targeted 
Federal assistance, could be duplicated in many jurisdictions 
throughout the country. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4793 
SEC. 212. AUTHORITY OF THE DIRECTOR TO MAKE GRANTS. 
42 USC 13002. 
(a) IN GENERAL.—The Director of the Office of Victims of Crime 
(hereinafter in this subtitle referred to as the "Director"), in con-
sultation with officials of the Department of Health eind Human 
Services, shall make grants to develop and implement multidisci-
plinary child abuse investigation and prosecution programs. 
(b) GRANT CRITERIA.—(1) The Director shall establish the criteria 
to be used in evaluating applications for grants under this section 
consistent with sections 262, 293, and 296 of subpart II of title II of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5665 et seq.). 
(2) In general, the grant criteria established pursuant to para-
graph (1) may require that a program include any of the following 
elements: 
(A) A written agreement between local law enforcement, 
social service, health, and other related agencies to coordinate 
child abuse investigation, prosecution, treatment, and counsel-
ing services. 
(B) An appropriate site for referring, interviewing, treating, 
and counseling child victims of sexual and serious physical 
abuse and neglect (referred to as the "counseling center"). 
(C) Referral of all sexual and serious physical abuse and 
neglect cases to the counseling center not later than 24 hours 
after notification of an incident of abuse. 
(D) Joint initial investigative interviews of child victims by 
personnel from law enforcement, health, and social service 
agencies. 
(E) A requirement that, to the extent practicable, the same 
agency representative who conducts an initial interview con-
duct all subsequent interviews. 
(F) A requirement that, to the extent practicable, all inter-
views and meetings with a child victim occur at the counseling 
center. 
(G) Coordination of each step of the investigation process to 
minimize the number of interviews that a child victim must 
attend, 
(H) Designation of a director for the multidisciplinary pro-
gram. 
(I) Assignment of a volunteer or staff advocate to each child in 
order to Eissist the child and, when appropriate, the child's 
family, throughout each step of judicial proceedings. 
(J) Such other criteria as the Director shall establish by 
regulation. 
(c) DISTRIBUTION OF GRANTS.—In awarding grants under this sec-
tion, the Director shall ensure that grants are distributed to both 
large and small States and to rural, suburban, and urban jurisdic-
tions. 
SEC. 213. GRANTS FOR SPECIALIZED TECHNICAL ASSISTANCE AND 
42 USC 13003. 
TRAINING PROGRAMS. 
(a) IN GENERAL.—The Director shall make grants to national 
organizations to provide techniceil assistance and training to attor-
neys and others instrumental to the criminal prosecution of child 
abuse cases in State or Federal courts, for the purpose of improving 
the quality of criminal prosecution of such cases. 
(b) GRANTEE ORGANIZATIONS.—An organization to which a grant is 
made pursuant to subsection (a) shall l^ one that has, or is affiliated 
104 STAT. 4794 
PUBLIC LAW 101-647—NOV. 29, 1990 
42 u s e 13004. 
with one that has, broad membership among attorneys who pros-
ecute criminal cases in State courts and has demonstrated experi-
ence in providing training and technical assistance for prosecutors, 
(c) GRANT CRITERIA.— 
(1) The Director shall establish the criteria to be used for 
evaluating applications for grants under this section, consistent 
with sections 262, 293, and 296 of subpart II of title II of the 
Juvenile Justice and Delinquency Act of 1974 (42 U.S.C. 5665 et 
seq.). 
(2) The grant criteria established pursuant to paragraph (1) 
shall require that a program provide training and technical 
assistance that includes information regarding improved child 
interview techniques, thorough investigative methods, inter-
agency coordination and effective presentation of evidence in 
court, including the use of alternative courtroom procedures 
described in this title. 
SEC. 214. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to carry 
out this chapter— 
(1) $20,000,000 in fiscal year 1991; and 
(2) such sums as may be necessary to carry out this chapter in 
each of fiscal years 1992 and 1993. 
(b) USE OF FUNDS.—Of the amounts appropriated under subsection 
(a), not less than 90 percent shall be used for grants under section 
212. 
Grant programs. Subtitle B—Court-Appointed Special Advocate 
Program 
42 u s e 13011. 
SEC. 215. FINDINGS. 
The Congress finds that— 
(1) the National Court-Appointed Special Advocate provides 
training and technical assistance to a network of 13,000 volun-
teers in 377 programs operating in 47 States; and 
(2) in 1988, these volunteers represented 40,000 children, 
representing approximately 15 percent of the estimated 270,000 
cases of child abuse and neglect in juvenile and family courts. 
42 u s e 13012. 
SEC. 216. PURPOSE. 
The purpose of this chapter is to ensure that by January 1, 1995, a 
court-appointed special advocate shall be available to every victim of 
child abuse or neglect in the United States that needs such an 
advocate. 
42 u s e 13013. 
SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVO-
CATE PROGRAM. 
(a) IN GENERAL.—The Administrator of the Office of Juvenile 
Justice and Delinquency Prevention shall make grants to expand 
the court-appointed special advocate program. 
(b) GRANTEE ORGANIZATIONS.— 
(1) An organization to which a grant is made pursuant to 
subsection (a) shall be a national organization that has broad 
membership among court-appointed special advocates and has 
demonstrated experience in grant administration of court-ap-
pointed special advocate programs and in providing training 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4795 
and technical assistance to court-appointed special advocate 
(.[ 
program; or (2) may be a local public or not-for-profit agency 
that has demonstrated the willingness to initiate or expand a 
court-appointed special advocate program. 
(2) An organization described in pargigraph (IXa) that receives 
a grant may be authorized to make subgrants and enter into 
contracts with public and not-for-profit agencies to initiate and 
to expand the court-appointed special advocate program. Should 
a grant be made to a national organization for this purpose, the 
^ 
Administrator shall specify an amount not exceeding 5 percent 
that can be used for administrative purposes by the national 
organization. 
(c) GRANT CRITERIA.—(1) The Administrator shall establish cri-
teria to be used in evaluating applications for grants under this 
section, consistent with sections 262, 293, and 296 of subpart II of 
title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5665 et seq.). 
(2) In general, the grant criteria established pursuant to para-
graph (1) shall require that a court-appointed special advocate pro- 
^ 
gram provide screening, training, and supervision of court-appointed 
special advocates in accordance with standards developed by the 
National Court-Appointed Special Advocate Association. Such cri-
teria may include the requirements that— 
(A) a court-appointed special advocate association program 
have a mission and purpose in keeping with the mission and 
purpose of the National Court-Appointed Special Advocate 
Association and that it abide by the National Court-Appointed 
Special Advocate Association Code of Ethics; 
(B) a court-appointed special advocate association program 
operate with access to legal counsel; 
(C) the management and operation of a court-appointed spe-
cial advocate program assure adequate supervision of court-
appointed special advocate volunteers; 
(D) a court-appointed special advocate program keep written 
records on the operation of the program in general and on each 
applicant, volunteer, and case; 
(E) a court-appointed special advocate program have written 
management and personnel policies and procedures, screening 
requirements, and training curriculum; 
(F) a court-appointed special advocate program not accept 
volunteers who have been convicted of, have charges pending 
for, or have in the past been charged with, a felony or mis-
demeanor involving a sex offense, violent act, child abuse or 
neglect, or related acts that would pose risks to children or to 
the court-appointed special advocate program's credibility; 
(G) a court-appointed special advocate program have an estab-
lished procedure to allow the immediate reporting to a court or 
appropriate agency of a situation in which a court-appointed 
special advocate volunteer has reason to believe that a child is 
in imminent danger; 
" 
(H) a court-appointed special advocate volunteer be an 
individual who has been screened and trained by a recognized 
court-appointed special advocate program and appointed by the 
court to advocate for children who come into the court system 
primarily as a result of abuse or neglect; and 
(I) a court-appointed special advocate volunteer serve the 
function.of reviewing records, facilitating prompt, thorough 
: 
104 STAT. 4796 
PUBLIC LAW 101-647—NOV. 29, 1990 
42 use 13014. 
Grant programs. 
' review of cases, and interviewing appropriate parties in order to 
make recommendations on what would be in the best interests 
of the child. 
(3) In awarding grants under this section, the Administrator shall 
ensure that grants are distributed to localities that have no existing 
court-appointed special advocate program and to programs in need 
of expansion. 
SEC. 218. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—There are authorized to be appropriated to 
carry out this chapter— 
(1) $5,000,000 in fiscal year 1991; and 
(2) such sums as may be necessary to carry out this subtitle in 
each of fiscal years 1992,1993, and 1994. 
(b) LIMITATION.—No funds are authorized to be appropriated for a 
fiscal year to carry out this subtitle unless the aggregate amount 
appropriated to carry out title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.Q. 5611 et seq.) for such fiscal 
year is not less than the aggregate amount appropriated to carry out 
such title for the preceding fiscal year. 
Subtitle C—Child Abuse Training Programs 
for Judicial Personnel and Practitioners 
42 u s e 13021. 
SEC. 221. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) a large number of juvenile and family courts are inun-
dated with increasing numbers of cases due to increased reports 
of abuse and neglect, increasing drug-related maltreatment, and 
insufficient court resources; 
(2) the amendments made to the Social Security Act by the 
Adoption Assistance and Child Welfare Act of 1980 make 
substantial demands on the courts handling abuse and neglect 
cases, but provide no assistance to the courts to meet those 
demands; 
(3) the Adoption and Child Welfare Act of 1980 requires courts 
to— 
(A) determine whether the agency made reasonable ef-
forts to prevent foster care placement; 
(B) approve voluntary nonjudicial placement; and 
(C) provide procedural safeguards for parents when their 
parent-child relationship is affected; 
(4) social welfare agencies press the courts to meet such 
requirements, yet scarce resources often dictate that courts 
comply pro forma without undertaking the meaningful judicial 
inquiry contemplated by Congress in the Adoption and Child 
Welfare Act of 1980; 
(5) compliance with the Adoption and Child Welfare Act of 
1980 and overall improvements in the judicial response to abuse 
and neglect cases can best come about through action by top 
level court administrators and judges with administrative func-
tions who understand the unique aspects of decisions required 
in child abuse and neglect cases; and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4797 
(6) the Adoption and Child Welfare Act of 1980 provides 
y 
financial incentives to train welfare agency staff to meet the 
requirements, but provides no resources to train judges, 
(b) PURPOSE.—The purpose of this chapter is to provide expanded 
technical assistance and training to judicial personnel and attor-
neys, particularly personnel and practitioners in juvenile and family 
courts, to improve the judicial system's handling of child abuse and 
v 
neglect cases with specific emphasis on the role of the courts in 
addressing reasonable efforts that can safely avoid unnecessary and 
unnecessarily prolonged foster care placement. 
SEC. 222. GRANTS FOR JUVENILE AND FAMILY COURT PERSONNEL. 
42 USC 13022. 
In order to improve the judicial system's handling of child abuse 
and neglect cases, the Administrator of the Office of Juvenile Jus-
tice and Delinquency Prevention shall make grants for the purpose 
of providing— 
(1) technical assistance and training to judicial personnel and 
attorneys, particularly personnel and practitioners in juvenile 
and family courts; and 
(2) administrative reform in juvenile and family courts. 
SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PRO- 
42 USC 13023. 
GRAMS. 
(a) GRANTS TO DEVELOP MODEL PROGRAMS.—(1) The Administrator 
shall make grants to national organizations to develop 1 or more 
model technical assistance and training programs to improve the 
judicial system's handling of child abuse and neglect cases. 
(2) An organization to which a grant is made pursuant to para-
graph (1) shall be one that has broad membership among juvenile 
and family court judges and has demonstrated experience in provid-
ing training and technical assistance for judges, attorneys, child 
welfare personnel, and lay child advocates. 
(b) GRANTS TO JUVENILE AND FAMILY COURTS.—(1) In order to 
improve the judicial system's handling of child abuse and neglect 
cases, the Administrator shall make grants to State courts or ju-
dicial administrators for programs that provide or contract for, the 
implementation o
f
— 
(A) training and technical assistance to judicial personnel and 
attorneys in juvenile and family courts; and 
(B) administrative reform in juvenile and family courts. 
(2) The criteria established for the making of grants pursuant to 
paragraph (1) shall give priority to programs that improve— 
(A) procedures for determining whether child service sigencies 
have made reasonable efforts to prevent placement of children 
in foster care; 
(B) procedures for determining whether child service agencies 
have, after placement of children in foster care, made reason-
able efforts to reunite the family; and 
(C) procedures for coordinating information and services 
among health professionals, social workers, law enforcement 
professionals, prosecutors, defense attorneys, and juvenile and 
family court personnel, consistent with subtitle A. 
(c) GRANT CRITERIA.—The Administrator shall make grants under 
subsections (a) and (h) consistent with section 262, 293, and 296 of 
title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5665 et seq.). 
104 STAT. 4798 
PUBLIC LAW 101-647—NOV. 29, 1990 
42 u s e 13024. 
SEC. 224. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to carry 
out this chapter— 
(1) $10,000,000 in fiscal year 1991; and 
(2) such sums as may be necessary to carry out this chapter in 
each of fiscal years 1992,1993, and 1994. 
(b) USE OF FUNDS.—Of the amounts appropriated in subsection (a), 
not less than 80 percent shall be used for grants under section 
223(b). 
(c) LIMITATION.—No funds are authorized to be appropriated for a 
fiscal year to carry out this subtitle unless the aggregsite amount 
appropriated to carry out title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) for such fiscal 
year is not less than the aggregate amount appropriated to carry out 
such title for the preceding fiscal year. 
, 
Subtitle D—Federal Victims' Protections and 
Rights 
• 
SEC. 225. CHILD VICTIMS'RIGHTS. 
« ^ 
^ 
(a) IN GENERAL.—Chapter 223 of title 18, United States Code, is 
amended by adding at the end the following new rule: 
"§ 3509. Child victims* and child witnesses' rights 
"(a) DEFINITIONS.—For purposes of this section— 
"(1) the term 'adult attendant' means an adult described in 
subsection (i) who accompanies a child throughout the judicial 
process for the purpose of providing emotional support; 
"(2) the term 'child' means a person who is under the age of 
18, who is or is alleged to be— 
"(A) a victim of a crime of physical abuse, sexual abuse, 
or exploitation; or 
" 
"(B) a witness to a crime committed against another 
?»«>« 
person; 
"(3) the term 'child abuse' means the physical or mental 
injury, sexual abuse or exploitation, or negligent treatment of a 
child; 
"(4) the term 'physical injury' includes lacerations, fractured 
bones, burns, internal injuries, severe bruising or serious bodily 
harm; 
"(5) the term 'mental injury' means harm to a child's psycho-
logical or intellectual functioning which may be exhibited by 
) 
severe anxiety, depression, withdrawal or outward aggressive 
behavior, or a combination of those behaviors, which may be 
demonstrated by a change in behavior, emotional response, or 
cognition; 
(6) the term 'exploitation' means child pornography or child 
prostitution; 
"(7) the term 'multidisciplinary child abuse team' means a 
professional unit composed of representatives from health, 
/ 
social service, law enforcement, and legal service agencies to 
- 
coordinate the assistance needed to handle cases of child abuse; 
"(8) the term 'sexual abuse' includes the employment, use, 
persuasion, inducement, enticement, or coercion of a child to 
' 
engage in, or assist another person to engage in, sexually 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4799 
explicit conduct or the rape, molestation, prostitution, or other 
form of sexual exploitation of children, or incest with children; 
"(9) the term 'sexually explicit conduct' means actual or 
simulated— 
"(A) sexuEil intercourse, including sexual contact in the 
manner of genital-genital, oral-genital, anal-genital, or oral-
anal contact, whether between persons of the same or of 
opposite sex; sexual contact means the intentional touch-
ing, either directly or through clothing, of the genitalia, 
anus, groin, breast, inner thigh, or buttocks of any person 
with an intent to abuse, humiliate, harass, degrade, or 
arouse or gratify sexusil desire of any person; 
"(B) bestiality; 
"(C) masturbation; 
"(D) lascivious exhibition of the genitals or pubic area of 
a person or animal; or 
"(E) sadistic or masochistic abuse; 
"(10) the term 'sex crime' means an act of sexual abuse that is 
a criminal act; 
"(11) the term 'exploitation' means child pornography or child 
prostitution; 
"(12) the term 'negligent treatment' means the failure to 
provide, for reasons other than poverty, adequate food, clothing, 
shelter, or medical care so as to seriously endanger the physical 
health of the child; and 
"(13) the term 'child abuse' does not include discipline 
administered by a parent or legal guardian to his or her child 
provided it is reasonable in manner and moderate in degree and 
otherwise does not constitute cruelty. 
'(b) ALTERNATIVES TO LIVE IN-COURT TESTIMONY.— 
"(1) CHILD'S LIVE TESTIMONY BY 2-WAY CLOSED CIRCUIT TELE-
VISION.— 
"(A) In a proceeding involving an alleged offense against 
a child, the attorney for the government, the child's attor-
ney, or a guardian ad litem appointed under subdivision (h) 
may apply for an order that the child's testimony be taken 
in a room outside the courtroom and be televised by 2-way 
closed circuit television. The person seeking such an order 
shall apply for such an order at least 5 days before the trial 
date, unless the court finds on the record that the need for 
such an order was not reasonably foreseeable. 
"(B) The court may order that the testimony of the child 
be taken by closed-circuit television as provided in subpara-
graph (A) if the court finds that the child is unable to testify 
in open court in the presence of the defendant, for any of 
the following reasons: 
"(i) The child is unable to testify because of fear, 
"(ii) There is a substantial likelihood, established by 
expert testimony, that the child would suffer emotional 
trauma from testifying. 
"(iii) The child suffers a mental or other infirmity. 
"(iv) Conduct by defendant or defense counsel causes 
the child to be unable to continue testifying. 
"(C) The court shall support a ruling on the child's inabil-
ity to testify with findings on the record. In determining 
whether the impact on an individual child of one or more of 
the factors described in subparagraph (B) is so substantial 
104 STAT. 4800 
PUBLIC LAW 101-647—NOV. 29, 1990 
as to justify an order under subparagraph (A), the court 
may question the minor in chambers, or at some other 
comfortable place other than the courtroom, on the record 
for a reasonable period of time with the child attendant, the 
prosecutor, the child's attorney, the guardian ad litem, and 
the defense counsel present. 
"(D) If the court orders the taking of testimony by tele-
vision, the attorney for the government and the attorney 
for the defendant not including an attorney pro se for a 
party shall be present in a room outside the courtroom with 
the child and the child shall be subjected to direct and 
cross-examination. The only other persons who may be 
permitted in the room with the child during the child's 
testimony are— 
"(i) the child's attorney or guardian ad litem 
appointed under subdivision (h); 
"(ii) persons necessary to operate the closed-circuit 
television equipment; 
"(iii) a judicial officer, appointed by the court; and 
"(iv) other persons whose presence is determined by 
the court to be necessary to the welfare and well-being 
of the child, including an adult attendant. 
The child's testimony shall be transmitted by closed circuit 
television into the courtroom for viewing and hearing by the 
defendant, jury, judge, and public. The defendant shall be pro-
vided with the means of private, contemporaneous communica-
tion with the defendant's attorney during the testimony. The 
closed circuit television transmission shall relay into the room 
in which the child is testifying the defendant's image, and the 
voice of the judge. 
"(2) VIDEOTAPED DEPOSITION OF CHILD.—(A) In a proceeding 
involving an alleged offense against a child, the attorney for the 
government, the child's attorney, the child's parent or legal 
guardian, or the guardian ad litem appointed under subdivision 
(h) may apply for an order that a deposition be taken of the 
child's testimony and that the deposition be recorded and pre-
served on videotape. 
"(B)(i) Upon timely receipt of an application described in 
subparagraph (A), the court shall make a preliminary finding 
regarding whether at the time of trial the child is likely to be 
unable to testify in open court in the physical presence of the 
defendant, jury, judge, and public for any of the following 
reasons: 
"(I) The child will be unable to testify because of fear. 
"(II) There is a substantial likelihood, established by 
expert testimony, that the child would suffer emotional 
trauma from testifying in open court. 
"(ni) The child suffers a mental or other infirmity. 
"(IV) Conduct by defendant or defense counsel causes the 
child to be unable to continue testifying, 
"(ii) If the court finds that the child is likely to be unable to 
testify in open court for any of the reasons stated in clause (i), 
the court shall order that the child's deposition be taken and 
preserved by videotape. 
"(iii) The trial judge shall preside at the videotape deposition 
of a child and shall rule on all questions as if at trial. The only 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4801 
other persons who may be permitted to be present at the 
proceeding are— 
"(I) the attorney for the Government; 
"(II) the attorney for the defendant; 
"(III) the child's attorney or guardian ad Utem appointed 
under subdivision (h); 
"(IV) persons necessary to operate the videotape equip-
ment; 
"(V) subject to clause (iv), the defendant; and 
"(VI) other persons whose presence is determined by the 
court to be necessary to the welfare and well-being of the 
child. 
The defendant shall be afforded the rights applicable to defend-
ants during trial, including the right to an attorney, the right to 
be confronted with the witness against the defendant, and the 
right to cross-examine the child. 
"(iv) If the preliminary finding of inability under clause (i) is 
based on evidence that the child is unable to testify in the 
physical presence of the defendant, the court may order that the 
defendant, including a defendant represented pro se, be ex-
cluded from the room in which the deposition is conducted. If 
the court orders that the defendant be excluded from the deposi-
tion room, the court shall order that 2-way closed circuit tele-
vision equipment relay the defendant's image into the room in 
which the child is testifying, and the child's testimony into the 
room in which the defendant is viewing the proceeding, and 
that the defendant be provided with a means of private, contem-
poraneous communication with the defendant's attorney during 
the deposition. 
"(v) HANDLING OF VIDEOTAPE.—The complete record of the Records, 
examination of the child, including the image and voices of all 
persons who in any way participate in the examination, shall be 
made and preserved on video tape in addition to being steno-
graphically recorded. The videotape shall be transmitted to the 
clerk of the court in which the action is pending and shall be 
made available for viewing to the prosecuting attorney, the 
defendant, and the defendant's attorney during ordinary busi-
ness hours. 
"(C) If at the time of trial the court finds that the child is 
unable to testify as for a reason described in subparagraph 
(B)(i), the court may admit into evidence the child's videotaped 
deposition in lieu of the child's testifying at the trial. The court 
shall support a ruling under this subparagraph with findings on 
the record. 
"(D) Upon timely receipt of notice that new evidence has been 
discovered after the original videotaping and before or during 
trial, the court, for good cause shown, may order an additional 
videotaped deposition. The testimony of the child shall be re-
stricted to the matters specified by the court as the basis for 
granting the order. 
"(E) In connection with the taking of a videotaped deposition 
under this paragraph, the court may enter a protective order for 
the purpose of protecting the privacy of the child. 
"(F) The videotape of a deposition taken under this paragraph 
shall be destroyed 5 years after the date on which the trial court 
entered its judgment, but not before a final judgment is entered 
on appeal including Supreme Court review. The videotape shall Records. 
104 STAT. 4802 
PUBLIC LAW 101-647—NOV. 29, 1990 
become part of the court record and be kept by the court until it 
is destroyed. 
"(c) COMPETENCY EXAMINATIONS.— 
"(1) EFFECT OF FEDERAL RULES OF EVIDENCE.—Nothing in this 
subdivision shall be construed to abrogate rule 601 of the Fed-
eral Rules of Evidence. 
"(2) PRESUMPTION.—A child is presumed to be competent. 
"(3) REQUIREMENT OF WRITTEN MOTION.—A competency exam-
ination regarding a child witness may be conducted by the court 
only upon written motion and offer of proof of incompetency by 
a party. 
"(4) REQUIREMENT OF COMPELLING REASONS.—A competency 
examination regarding a child may be conducted only if the 
court determines, on the record, that compelling reasons exist. 
A child's age alone is not a compelling reason. 
"(5) PERSONS PERMITTED TO BE PRESENT.—The only persons 
who may be permitted to be present at a competency examina-
tion are— 
"(A) the judge; 
"(B) the attorney for the government; 
"(C) the attorney for the defendant; 
"(D) a court reporter; and 
"(E) persons whose presence, in the opinion of the court, 
is necessary to the welfare and well-being of the child, 
including the child's attorney, guardian ad litem, or adult 
attendant. 
"(6) NOT BEFORE JURY.—A competency examination regarding 
a child witness shall be conducted out of the sight and hearing 
of a jury. 
"(7) DIRECT EXAMINATION OF CHILD,—Examination of a child 
related to competency shall normally be conducted by the court 
on the basis of questions submitted by the attorney for the 
Government and the attorney for the defendant including a 
party acting as an attorney pro se. The court may permit an 
attorney but not a party acting as an attorney pro se to examine 
a child directly on competency if the court is satisfied that the 
child will not suffer emotional trauma as a result of the exam-
ination. 
"(8) APPROPRIATE QUESTIONS.—The questions asked at the 
competency examination of a child shall be appropriate to the 
age and developmental level of the child, shall not be related to 
the issues at trial, and shall focus on determining the child's 
ability to understand and answer simple questions. 
"(9) PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATIONS.—Psycho-
logical and psychiatric examinations to assess the competency 
of a child witness shall not be ordered without a showing of 
compelling need. 
"(d) PRIVACY PROTECTION.— 
"(1) CoNFiDENTiAUTY OF INFORMATION.—(A) A person acting 
in a capacity described in subparagraph (B) in connection with a 
criminal proceeding shall— 
"(i) keep all documents that disclose the name or any 
other information concerning a child in a secure place to 
which no person who does not have reason to know their 
contents has access; and 
"(ii) disclose documents described in clause (i) or the 
information in them that concerns a child only to persons 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4803 
who, by reason of their participation in the proceeding, 
have reason to know such information. 
"(B) Subparagraph (A) applies to— 
"(i) all employees of the Government connected with the 
case, including employees of the Department of Justice, any 
law enforcement agency involved in the case, and any 
person hired by the government to provide assistance in the 
proceeding; 
"(ii) employees of the court; 
"(iii) the defendant and employees of the defendant, 
^ 
including the attorney for the defendant and persons hired 
^ 
by the defendant or the attorney for the defendant to 
provide assistance in the proceeding; and 
"(iv) members of the jury. 
"(2) FiUNG UNDER SEAL.—All papers to be filed in court that 
disclose the name of or any other information concerning a 
child shall be filed under seal without necessity of obtaining a 
court order. The person who makes the filing shall submit to 
the clerk of the court— 
"(A) the complete paper to be kept under seal; and 
"(B) the paper with the portions of it that disclose the Public 
name of or other information concerning a child redacted, information, 
to be placed in the public record. 
"(3) PROTECTIVE ORDERS.—(A) On motion by any person the 
court may issue an order protecting a child from public disclo-
sure of the ngmie of or any other information concerning the 
child in the course of the proceedings, if the court determines 
that there is a significant possibility that such disclosure would 
be detrimental to the child. 
"(B) A protective order issued under subparagraph (A) may— 
"(i) provide that the testimony of a child witness, and the 
testimony of any other witness, when the attorney who 
^- 
calls the witness has reason to anticipate that the name of 
or any other information concerning a child may be di-
vulged in the testimony, be taken in a closed courtroom; 
/ 
and 
"(ii) provide for any other measures that may be nec-
essary to protect the privacy of the child. 
"(4) DISCLOSURE OF INFORMATION.—This subdivision does not 
prohibit disclosure of the name of or other information concern-
ing a child to the defendant, the attorney for the defendant, a 
multidisciplinary child abuse team, a guardian ad litem, or an 
( 
adult attendant, or to anyone to whom, in the opinion of the 
court, disclosure is necessary to the welfare and well-being of 
the child. 
"(e) CLOSING THE COURTROOM.—When a child testifies the court 
may order the exclusion from the courtroom of all persons, includ-
ing members of the press, who do not have a direct interest in the 
case. Such an order may be made if the court determines on the 
record that requiring the child to testify in open court would cause 
substantial psychological harm to the child or would result in the , 
child's inability to effectively communicate. Such an order shall be 
narrowly tailored to serve the government's specific compelling 
interest. 
"(f) VICTIM IMPACT STATEMENT.—In preparing the presentence 
report pursuant to rule 32(c) of the Federal Rules of Criminal 
Procedure, the probation officer shall request information from the 
104 STAT. 4804 
PUBLIC LAW 101-647—NOV. 29, 1990 
multidisciplinary child abuse team and other appropriate sources to 
' 
determine the impact of the offense on the child victim and any 
other children who may have been affected. A guardian ad litem 
appointed under subdivision (h) shall make every effort to obtain 
and report information that accurately expresses the child's and the 
family s views concerning the child's victimization. A guardian ad 
litem shall use forms that permit the child to express the child's 
views concerning the personal consequences of the child's victimiza-
tion, at a level and in a form of communication commensurate with 
the child's age and ability. 
"(g) USE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS.— 
InteiTgovemmental 
"(1) IN GENERAL.—A multidisciplinary child abuse team shall 
relations. 
be used when it is feasible to do so. The court shall work with 
State and local governments that have established multidisci-
plinary child abuse teams designed to assist child victims and 
child witnesses, and the court and the attorney for the govern-
ment shall consult with the multidisciplinary child abuse team 
as appropriate. 
"(2) ROLE OF MULTIDISCIPLINARY CHILD ABUSE TEAMS.—The role 
of the multidisciplinary child abuse team shall be to provide for 
a child services that the members of the team in their profes-
sional roles are capable of providing, including— 
"(A) medical diagnoses and evaluation services, including 
provision or interpretation of x-rays, laboratory tests, and 
related services, as needed, and documentation of findings; 
"(B) telephone consultation services in emergencies and 
in other situations; 
"(C) medical evaluations related to abuse or neglect; 
"(D) psychological and psychiatric diagnoses and evalua-
tion services for the child, parent or parents, guardian or 
guardians, or other caregivers, or any other individual 
involved in a child victim or child witness case; 
"(E) expert medical, psychological, and related profes-
sional testimony; 
"(F) case service coordination and assistance, including 
the location of services available from public and private 
agencies in the community; and 
"(G) training services for judges, litigators, court officers 
and others that are involved in child victim and child 
witness cases, in handling child victims and child witnesses. 
"(h) GUARDIAN AD LITEM.— 
"(1) IN GENERAL.—The court may appoint a guardian ad litem 
for a child who was a victim of, or a witness to, a crime 
involving abuse or exploitation to protect the best interests of 
the child. In making the appointment, the court shall consider a 
prospective guardian's background in, and familiarity with, the 
judicial process, social service programs, and child abuse issues. 
The guardian ad litem shall not be a person who is or may be a 
witness in a proceeding involving the child for whom the guard-
ian is appointed. 
"(2) DUTIES OF GUARDIAN AD LITEM.—A guardian ad litem may 
^ 
attend all the depositions, hearings, and trial proceedings in 
which a child participates, and make recommendations to the 
court concerning the welfare of the child. The guardian ad litem 
may have access to all reports, evaluations and records, except 
^ 
attorney's work product, necessary to effectively advocate for 
the child. (The extent of access to grand jury materials is 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4805 
limited to the access routinely provided to victims and their 
representatives.) A guardian ad litem shall marshal and coordi-
nate the delivery of resources and special services to the child. 
A guardian ad litem shall not be compelled to testify in any 
court action or proceeding concerning any information or opin-
ion received from the child in the course of serving as a guard-
ian ad litem. 
"(3) IMMUNITIES.—A guardian ad litem shall be presumed to 
be acting in good faith and shall be immune from civil £md 
criminal liability for complying with the guardian's lawful 
duties described in subpart (2), 
"(i) ADULT ATTENDANT.—A child testifying at or attending a ju-
dicial proceeding shall have the right to be accompanied by an adult 
attendant to provide emotional support to the child. The court, at its 
discretion, may allow the adult attendant to remain in close phys-
ical proximity to or in contact with the child while the child 
testifies. The court may allow the adult attendant to hold the child's 
hand or allow the child to sit on the adult attendant's lap through-
out the course of the proceeding. An adult attendant shall not 
provide the child with an gmswer to any question directed to the 
child during the course of the child's testimony or otherwise prompt 
the child. The image of the child attendant, for the time the child is 
testifying or being deposed, shall be recorded on videotape. 
"(j) SPEEDY TRIAL.—In a proceeding in which a child is called to 
give testimony, on motion by the attorney for the Government or a 
guardian ad litem, or on its own motion, the court may designate the 
case as being of special public importance. In cases so designated, 
the court shall, consistent with these rules, expedite the proceeding 
and ensure that it takes precedence over any other. The court shall 
ensure a speedy trial in order to minimize the length of time the 
child must endure the stress of involvement with the criminal 
process. When deciding whether to grant a continuance, the court 
shall take into consideration the age of the child and the potential 
adverse impact the delay may have on the child's well-being. The 
court shall make written findings of fact and conclusions of law 
when granting a continuance in cases involving a child. 
"(k) EXTENSION OF CHILD STATUTE OF LIMITATIONS.—No statute of 
limitation that would otherwise preclude prosecution for an offense 
involving the sexual or physical abuse of a child under the age of 18 
years shall preclude such prosecution before the child reaches the 
age of 25 years. If, at any time that a cause of action for recovery of 
compensation for damage or injury to the person of a child exists, a 
criminal action is pending which arises out of the same occurrence 
and in which the child is the victim, the civil action shall be stayed 
until the end of all phases of the criminal action and any mention of 
the civil action during the criminal proceeding is prohibited. As used 
in this subsection, a criminal action is pending until its final adju-
dication in the trial court. 
"(1) TESTIMONIAL AIDS.—The court may permit a child to use 
anatomical dolls, puppets, drawings, mannequins, or any other 
demonstrative device the court deems appropriate for the purpose of 
assisting a child in testifying.", 
(b) VIOLATION OF RULE REGARDING DISCLOSURE.— 
(1) PUNISHMENT AS CONTEMPT.—Chapter 21 of title 18, United 
States Code, is amended by adding at the end thereof the 
following new section: 
104 STAT. 4806 
PUBLIC LAW 101-647—NOV. 29, 1990 
"§ 403. Protection of the privacy of child victims and child wit-
nesses 
"A knowing or intentional violation of the privacy protection 
accorded by section 3509 of this title is a criminal contempt punish-
able by not more than one year's imprisonment, or a fine under this 
title, or both.". 
(2) TECHNICAL AMENDMENT.—The table of sections at the 
J 
beginning of chapter 21 of title 18, United States Code, is 
amended by adding at the end thereof the following new item: 
"403. Protection of the privacy of child victims and child witnesses.". 
42 use 13031. 
SEC. 226. CHILD ABUSE REPORTING. 
(a) IN GENERAL.—A person who, while engaged in a professional 
capacity or activity described in subsection O
t
>
) on Federal land or in 
a federally operated (or contracted) facility, learns of facts that give 
reason to suspect that a child has suffered an incident of child 
abuse, shall as soon as possible make a report of the suspected abuse 
to the agency designated under subsection (d). 
, 
(b) COVERED PROFESSIONALS.—Persons engaged in the following 
professions and activities are subject to the requirements of subsec-
, tion (a): 
(1) Physicians, dentists, medical residents or interns, hospital 
personnel and administrators, nurses, health care practitioners, 
chiropractors, osteopaths, pharmacists, optometrists, podia-
trists, emergency medical technicians, ambulance drivers, 
undertakers, coroners, medical examiners, alcohol or drug treat-
ment personnel, and persons performing a healing role or 
? 
practicing the healing arts. 
(2) Psychologists, psychiatrists, and mental health profes-
sionals. 
j 
(3) Social workers, licensed or unlicensed marriage, family, 
and individual counselors. 
(4) Teachers, teacher's aides or assistants, school counselors 
and guidance personnel, school officials, and school administra-
tors. 
(5) Child care workers and administrators. 
(6) Law enforcement personnel, probation officers, criminal 
prosecutors, and juvenile rehabilitation or detention facility 
employees. 
(7) Foster parents. 
(8) Commercial film and photo processors. 
(c) DEFINITIONS.—For the purposes of this section— 
(1) the term "child abuse" means the physical or mental 
injury, sexual abuse or exploitation, or negligent treatment of a 
child; 
(2) the term "physical injury" includes but is not limited to 
' 
lacerations, fractured bones, burns, internal injuries, severe 
bruising or serious bodily harm; 
' 
(3) the term "mental injury" means harm to a child's psycho-
logical or intellectual functioning which may be exhibited by 
severe anxiety, depression, withdrawal or outward aggressive 
behavior, or a combination of those behaviors, which may be 
demonstrated by a change in behavior, emotional response or 
r 
cognition; 
(4) the term "sexual abuse" includes the employment, use, 
persuasion, inducement, enticement, or coercion of a child to 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4807 
engage in, or assist another person to engage in, sexually 
explicit conduct or the rape, molestation, prostitution, or other 
form of sexual exploitation of children, or incest with children; 
(5) the term 
sexually explicit conduct" means actual or 
simulated— 
(A) sexual intercourse, including sexual contact in the 
manner of genital-genital, oral-genital, anal-genital, or oral-
anal contact, whether between persons of the same or of 
opposite sex; sexual contact means the intentional touch-
ing, either directly or through clothing, of the genitalia, 
anus, groin, breast, inner thigh, or buttocks of any person 
with an intent to abuse, humiliate, harass, degrade, or 
arouse or gratify sexual desire of any person; 
(B) bestiality; 
(C) masturbation; 
(D) lascivious exhibition of the genitals or pubic area of a 
person or animal; or 
(E) sadistic or masochistic abuse; 
(6) the term "exploitation" means child pornography or child 
prostitution; 
(7) the term "negligent treatment" means the failure to pro-
vide, for reasons other than poverty, adequate food, clothing, 
shelter, or medical care so as to seriously endanger the physical 
health of the child; and 
(8) the term "child abuse" shall not include discipline 
administered by a parent or legal guardian to his or her child 
provided it is reasonable in manner and moderate in degree and 
otherwise does not constitute cruelty. 
(d) AGENCY DESIGNATED TO RECEIVE REPORT AND ACTION TO BE 
TAKEN.—For all Federal lands and all federally operated (or con-
tracted) facilities in which children are cared for or reside, the 
Attorney General shall designate an agency to receive and inves-
tigate the reports described in subsection (a). By formal written 
agreement, the designated agency may be a non-Federsd agency. 
When such reports are received by social services or health care 
agencies, and involve allegations of sexual abuse, serious physical 
injury, or life-threatening neglect of a child, there shall be an 
immediate referral of the report to a law enforcement agency with 
authority to take emergency action to protect the child. AH reports 
received shall be promptly investigated, and whenever appropriate, 
investigations shall be conducted jointly by social services and law 
enforcement personnel, with a view toward avoiding unnecessary 
multiple interviews with the child. 
(e) REPORTING FORM.—In every federally operated (or contracted) 
facility, and on all Federal lands, a standard written reporting form, 
with instructions, shall be disseminated to all mandated reporter 
groups. Use of the form shall be encouraged, but its use shall not 
take the place of the immediate making of oral reports, tele-
phonically or otherwise, when circumstances dictate. 
(f) IMMUNITY FOR GOOD FAITH REPORTING AND ASSOCIATED AC-
TIONS.—All persons who, acting in good faith, make a report by 
subsection (a), or otherwise provide information or assistance in 
connection with a report, investigation, or legal intervention pursu-
ant to a report, shall be immune from civil and criminal liability 
arising out of such actions. There shall be a presumption that any 
such persons acted in good faith. If a person is sued because of the 
person's performance of one of the above functions, and the defend-
Federal 
buildings and 
facilities. 
Federal 
buildings and 
facilities. 
-194 O - 91 - 14 : QL 3 Part 6 
104 STAT. 4808 
PUBLIC LAW 101-647—NOV. 29, 1990 
ant prevails in the litigation, the court may order that the plaintiff 
pay the defendant's legal expenses. Immunity shall not be accorded 
to persons acting in bad faith. 
(g) CRIMINAL PENALTY FOR FAILURE TO REPORT.—(1) Chapter 110 of 
title 18, United States Code, is amended by adding at the end thereof 
the following new section: 
*'§ 2258. Failure to report child abuse 
"A person who, while engaged in a professional capacity or activ-
ity described in subsection (b) of section 226 of the Victims of Child 
Abuse Act of 1990 on Federal land or in a federally operated (or 
contracted) facility, learns of facts that give reason to suspect that a 
child has suffered an incident of child abuse, as defined in subsec-
tion (c) of that section, and fails to make a timely report as required 
by subsection (a) of that section, shall be guilty of a Class B 
misdemeanor.". 
(2) The chapter analysis for chapter 110, United States Code, is 
amended— 
(A) by amending the catchline to read as follows: 
"CHAPTER 110—SEXUAL EXPLOITATION AND OTHER 
ABUSE OF CHILDREN"; 
, 
and 
(B) by adding at the end thereof the following new item: 
"2258. Failure to report child abuse.". 
(3) The item relating to chapter 110 in the part analysis for part 1 
J 
of title 18, United States Code, is amended to read as follows: 
- 
"110. Sexual exploitation and other abuse of children 
2251". 
(h) TRAINING OF PROSPECTIVE REPORTERS.—All individuals in the 
occupations listed in subsection (bXD who work on Federal lands, or 
are employed in federally operated (or contracted) facilities, shall 
receive periodic training in the obligation to report, as well as in the 
identification of abused and neglected children. 
Subtitle E—Child Care Worker Employee 
Background Checks 
• ' • • ' • ' 
, 
•
>
•
• 
'• 
v
.
; 
' • ' • 
, 
• 
'
^
' 
' 
-
42USC1304i. 
SEC. 231. REQUIREMENT FOR BACKGROUND CHECKS. 
^ 
(a) IN GENERAL.—(1) Each agency of the Federal Government, and 
every facility operated by the Federal Government (or operated 
under contract with the Federal Government), that hires (or con-
tracts for hire) individuals involved with the provision to children 
under the age of 18 of child care services shall assure that all 
existing and newly-hired employees undergo a criminal history 
background check. All existing staff shedl receive such checks not 
later than 6 months after the date of enactment of this chapter, and 
no additional staff shall be hired without a check having been 
completed. 
(2) For the purposes of this section, the term "child care services" 
means child protective services (including the investigation of child 
abuse and neglect reports), social services, health and mental health 
care, child (day) care, education (whether or not directly involved in 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4809 
teaching), foster care, residential care, recreational or rehabilitative 
programs, and detention, correctional, or treatment services. 
(b) CRIMINAL HISTORY CHECK.—(1) A background check required 
by subsection (a) shall be— 
(A) based on a set of the employee's fingerprints obtained by a 
law enforcement officer and on other identifying information; 
(B) conducted through the Identification Division of the Fed-
eral Bureau of Investigation and through the State criminal 
history repositories of all States that an employee or prospective 
employee lists as current and former residences in an employ-
ment application; and 
(C) initiated through the personnel programs of the applicable 
Federal agencies. 
(2) The results of the background check shall be communicated to 
the employing agency. 
(c) APPLICABLE CRIMINAL HISTORIES.—Any conviction for a sex 
crime, an offense involving a child victim, or a drug felony, may be 
ground for denying employment or for dismissal of an employee in 
any of the positions listed in subsection (a)(2). In the case of an 
incident in which an individual has been charged with one of those 
offenses, when the charge has not yet been disposed of, an employer 
may suspend an employee from having any contact with children 
while on the job until the case is resolved. Conviction of a crime 
other than a sex crime may be considered if it bears on an individ-
ual's fitness to have responsibility for the safety and well-being of 
children. 
(d) EMPLOYMENT APPLICATIONS.—(1) Employment applications for 
individuals who are seeking work for an agency of the Federal 
Government, or for a facility or program operated by (or through 
contract with) the Federal Government, in any of the positions listed 
in subsection (a)(1), shall contain a question asking whether the 
individual has ever been arrested for or charged with a crime 
involving a child, and if so requiring a description of the disposition 
of the arrest or charge. An application shall state that it is being 
signed under penalty of perjury, with the applicable Federal punish-
ment for perjury stated on the application. 
(2) A Federal agency seeking a criminal history record check shall 
first obtain the signature of the employee or prospective employee 
indicating that the employee or prospective employee has been 
notified of the employer's obligation to require a record check as a 
condition of employment and the employee's right to obtain a copy 
of the criminal history report made available to the employing 
Federal agency and the right to challenge the accuracy and 
completeness of any information contained in the report. 
(e) ENCOURAGEMENT OF VOLUNTARY CRIMINAL HISTORY CHECKS 
FOR OTHERS WHO MAY HAVE CONTACT WITH CHILDREN.—Federal 
agencies and facilities are encouraged to submit identifying informa-
tion for criminal history checks on volunteers working in any of the 
positions listed in subsection (a) and on adult household members in 
places where child care or foster care services are being provided in 
a home. 
104 STAT. 4810 
PUBLIC LAW 101-647—NOV. 29, 1990 
Subtitle F—Grants for Televised Testimony 
Intergovernmental 
relations. 
SEC. 241. GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF 
CHILDREN WHO ARE VICTIMS OF ABUSE. 
(a) EsTABUSHMENT OF GRANT PROGRAM.—Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
amended— 
100 Stat. 
(1) in part N— 
3207-41. 
O
S . 
(A) in the heading by striking "PART N " and inserting 
"PART O", and 
42 use 3797. 
kfc-j 
(B) by redesignating section 1401 as 1501, and 
(2) by inserting after part M the following: 
' 
"PART N—GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY 
A 
OF CHILDREN WHO ARE VICTIMS OF ABUSE 
42 u s e 3796aa. 
42 use 
3796aa-l. 
42 use 
3796aa-2. 
FUNCTION OF THE DIRECTOR 
"SEC. 1401. The Director shall provide funds to eligible States and 
units of local government pursuant to this part. 
"DESCRIPTION OF GRANT PROGRAM 
' 
' , 
"SEC. 1402. The Director is authorized to make grants to States, 
for the use of States and units of local government in the States to 
provide equipment and personnel training for the closed-circuit 
televising and video taping of the testimony of children in criminal 
proceedings for the violation of laws relating to the abuse of 
children. 
"APPUCATIONS TO RECEIVE GRANTS 
"SEC. 1403. To request a grant under section 1402, the chief 
executive officer of a State shall submit to the Director an applica-
tion at such time and in such form as the Director may require. 
Such application shall include— 
"(1) a certification that Federal funds made available under 
section 1402 of this title will not be used to supplant State or 
^
f 
local funds, but will be used to increase the amounts of such 
I 
funds that would, in the absence of such funds, be made avail-
able for criminal proceedings for the violation of laws relating 
to the abuse of children; 
"(2) a certification that funds required to pay the non-Federal 
portion of the cost of equipment and personnel training for 
which such grant is made shall be in addition to funds that 
gj 
would otherwise be made available by the recipients of grant 
funds for criminal proceedings for the violation of laws relating 
to the abuse of children; 
"(3) an assurance that the State application described in this 
section, and any amendment to such application, has been 
f 
submitted for review to the State legislature or its designated 
body (for purposes of this section, such application or amend-
ment shall be deemed to be reviewed if the State legislature or 
such body does not review such application or amendment 
within the 60-day period beginning on the date such application 
or amendment is so submitted); and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4811 
"(4) an assurance that the State appHcation and any amend-
ment thereto was made public before submission to the Bureau 
and, to the extent provided under State law or established 
procedure, an opportunity to comment thereon was provided to 
citizens and to neighborhood and community groups. 
^ 
, 
-5, 
REVIEW OF APPUCATIONS 
«? , 
"SEC. 1404. (a) The Bureau shall provide financial assistance to 42USC 
each State applicant under section 1402 of this title to provide 3796aa-3. 
equipment and personnel training for the closed-circuit televising 
and video taping of the testimony of children in criminal proceed-
ings for the violation of laws relating to the abuse of children, upon 
determining that— 
"(1) there is in effect in such State a law that permits the 
closed-circuit televising and video taping of testimony of chil-
dren in criminal proceedings for the violation of laws relating to 
the abuse of children; 
; 
"(2) such State law shall meet the following criteria: 
^ 
"(A) the judges determination that a child witness will be 
traumatized by the presence of the defendant must be made 
; on a case-by-case basis; 
"(B) the trauma suffered must be more than de minimis; 
"(C) the child witness must give his/her statements under 
oath; 
"(D) the child witness must submit to cross-examination; 
and 
"(E) the finder of fact must be permitted to observe the 
demeanor of the child witness in making his or her state-
ment and the defendant must be able to contemporaneously 
communicate with his defense attorney; 
"(3) the application submitted under section 1402 or amend-
ment to such application is consistent with the requirements of 
this title; and 
"(4) before the approval of such application and any amend-
ment thereto the Bureau has made an affirmative finding in 
writing that such equipment and personnel training has been 
reviewed in accordance with section 1403 of this title. 
Each application or amendment made and submitted for approval to 
the Bureau pursuant to section 1403 shall be deemed approved, in 
whole or in part, by the Bureau not later than 60 days after first 
received unless the Bureau informs the applicant of specific reasons 
for disapproval. 
"(b) The Bureau shall not finally disapprove any application, or 
any amendment thereto, submitted to the Director under this sec-
tion without first affording the applicant reasonable notice and 
opportunity for reconsideration. 
"ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS 
"SEC. 1405. (a) The total amount appropriated for this part in any 42 USC 
fiscal year shall be set aside for section 1402 and allocated to States 3796aa-4. 
as follows: 
"(1) $50,000 shall be allocated to each of the participating 
States. 
"(2) Of the total funds remaining after the allocation under 
paragraph (1), there shall be allocated to each participating 
104 STAT. 4812 
PUBLIC LAW 101-647—NOV. 29, 1990 
State an amount which bears the same ratio to the smaount of 
remaining funds described in this paragraph as the population 
of such State bears to the population of all the States. 
"0)X1) Each State which receives funds under subsection (a) in a 
fiscal year shall distribute among units of local government, in such 
State for the purpose specified in section 1402 of this title that 
portion of such funds which bears the same ratio to the aggregate 
amount of such funds as the amount of funds expended by £dl units 
of local government in the preceding fiscal year for prosecution of 
child abuse offenses bears to the aggregate amount of funds ex-
pended by the State and all units of local government in such State 
in such preceding fiscal year for prosecution of child abuse offenses. 
"(2) Any funds not distributed to units of local government under 
paragraph (1) shall be available for expenditure by the State 
involved. 
"(3) For purposes of determining the distribution of funds under 
paragraph (1), the most accurate and complete data available for the 
fiscal year involved shall be used. If data for such fiscal year are not 
available, then the most accurate and complete data available for 
the most recent fiscal year preceding such fiscal year shall be used. 
"(c) No funds allocated to a State under subsection (a) or received 
by a State for distribution under subsection (b) may be distributed 
by the Director or by the State involved for any use other than a use 
specified in an approved application. 
"(d) If the Director determines, on the basis information available 
to the Director during any fiscal year, that a portion of the funds 
allocated to a State for that fiscal year will not be required or that a 
State will be unable to qualify or receive funds under section 1402 of 
this title, or that a State chooses not to participate in the program 
established under such section, then such portion shall be awarded 
by the Director to^ 
units of local government or combinations thereof 
within such State giving priority to those jurisdictions with greatest 
need. 
"REPORTS 
42 use 
"SEC. 1406. (a) Each State which receives a grant under this title 
3796aa-5. 
shall submit to the Director, for each year in which any part of such 
grant is expended by a State or unit of local government, a report 
which contains— 
"(1) a summary of the activities carried out with such grant 
and an assessment of the impact of such activities on meeting 
the needs identified in the State application submitted under 
section 1403 of this title; and 
"(2) such other information as the Director may require by 
rule. 
Such report shall be submitted in such form and by such time as the 
Director may require by rule. 
"(b) Not later than 90 days after the end of each fiscal year for 
which grants are made under this part, the Director shall submit to 
the Speaker of the House of Representatives and the President pro 
tempore of the Senate a report that includes with respect to each 
State— 
"(1) the aggregate amount of grants made under this title to 
such State for such fiscal year; and 
"(2) a summary of the information provided in compliance 
with subsection (a)(1). 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4813 
EXPENDITURE OF GRANTS; RECORDS 
"SEC. 1407. (a) A grant made under this part may not be expended 
for more than 75 percent of the cost of the identified uses, in the 
aggregate, for which such grant is received to carry out section 1402, 
except that in the case of ftinds distributed to an Indian tribe which 
performs law enforcement functions (as determined by the Sec-
retary of the Interior) for any such program or project, the amount 
of such grant shall be equal to 100 percent of such cost. The non-
Federal portion of the expenditures for such uses shall be paid in 
cash. 
"(b) Not more than 10 percent of a grant made under this part 
may be used for costs incurred to administer such grant. 
"(c)(1) Each State which receives a grant under this title shall 
keep, and shall require units of local government which receive any 
part of such grant to keep, such records as the Director may require 
by rule to facilitate an effective audit. 
"(2) The Director and the Comptroller General of the United 
States shall have access, for the purpose of audit and examination, 
to any books, documents, and records of States which receive grants, 
and of units of local government which receive any part of a grant 
made under this part if, in the opinion of the Director or the 
Comptroller General, such books, documents, and records are re-
lated to the receipt or use of any such grant. 
Indians. 
42 use 
3796aa-6. 
STATE OFFICE 
"SEC. 1408. (a) The chief executive of each participating State 
shall designate a State office for purposes o
f
— 
"(1) preparing an application to obtain funds under section 
1402 of this title; and 
"(2) administering funds received under this part from the 
Director, including receipt, review, processing, monitoring, 
progress and financial report review, technical assistance, grant 
adjustments, accounting, auditing, and fund disbursements. 
"(b) An office or agency performing other functions within the 
executive branch of a State may be designated to carry out the 
functions specified in subsection (a). 
42 use 
3796aa-7. 
DEFINITIONS 
"SEC. 1409. For purposes of this part— 
"(1) the term 'child' means an individual under the age of 18 
years; and 
"(2) the term 'abuse' means physical or mental injury, sexual 
abuse or exploitation, or negligent treatment of a child.'. 
(b) TECHNICAL AMENDMENTS.—(1) Section 402(1) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 is amended by 
striking "part E" and inserting "parts E and N". 
(2) Section 801(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 378203)) is amended by striking "and 
M" and inserting "M, and N". 
(3) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 37830))) is amended by striking "or M" 
and inserting ", M, or N". 
(4) Section 808 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3789) is amended by striking "or 1308" 
and inserting ", 1308, or 1408". 
i 
42 use 
3796aa-8. 
42 use 3742. 
104 STAT. 4814 
PUBLIC LAW 101-647—NOV. 29, 1990 
(5) The table of contents of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended— 
(A) by striking the items relating to part M and sections 1301 
through 1312, as added by section 1552(b)(5) of the State and 
Local Law Enforcement Assistance Act of 1986 (Public Law 
99-570; 100 Stat. 3207-46), and 
(B) by striking the items relating to part N and section 1401, 
and inserting the following new items: 
"PART N—GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO 
ARE VICTIMS OF ABUSE 
"Sec. 1401. Function of Director. 
"Sec. 1402. Description of grant program. 
"Sec. 1403. Application to receive grants. 
"Sec. 1404. Review of applications. 
"Sec. 1405. Allocation and distribution of funds under formula grants. 
"Sec. 1406. Reports. 
"Sec. 1407. Expenditure of grants; records. 
"Sec. 1408. State office. 
"Sec. 1409. Definitions. 
"PART O—TRANSITION—EFFECTIVE DATE—REPEALER 
"Sec. 1501. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3) by striking "and M" and inserting 
"M, and N"; 
(B) by redesignating paragraph (6) as paragraph (7); and 
(C) by inserting after paragraph (5) the following: 
"(6) There is authorized to be appropriated $25,000,000 for each of 
the fiscal years 1991,1992, and 1993 to carry out the programs under 
part N of this title."; and 
(2) in subsection (b) by striking "and M" and inserting "M, 
and N". 
Subtitle G—Treatment for Juvenile Offenders 
Who Are Victims of Child Abuse Or Neglect 
AUTHORITY TO MAKE GRANTS 
42 use 13051. 
SEC. 251. The Administrator, in consultation with the Secretary of 
Health and Human Services, shall make grants to public and non-
profit private organizations to develop, establish, and support 
projects which— 
(1) provide treatment to juvenile offenders who are victims of 
child abuse or neglect, and to their families so as to reduce the 
likelihood that such juvenile offenders will commit subsequent 
violations of law; 
(2) based upon the best interests of juvenile offenders who 
receive treatment for abuse or neglect, provide transitional 
services (including individual, group, and family counseling) to 
such juvenile offenders— 
(A) to strengthen the relationships of such juvenile 
offenders with their families and to encourage the resolu-
tion of intrafamily problems related to the abuse or neglect; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4815 
(B) to facilitate their alternative placement; or 
(C) to prepare juveniles aged 16 years of age and older to 
live independently; or 
(3) carry out research, including surveys of existing transi-
tional services, identification of exemplary treatment modali-
ties, and evaluation of treatment and transitional services 
provided with grants made under this section. 
ADMINISTRATIVE REQUIREMENTS 
SEC. 252. The Administrator shall administer this subtitle subject 42 USC 13052. 
to the requirements of sections 262, 293, and 296 of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665a, 
5673, 5676). 
PRIORITY 
SEC. 253. In making grants under section 690, the Administrator— 42 USC 13053. 
(1) shall give priority to applicants that have experience in 
treating juveniles who are the victims of abuse or neglect; and 
(2) may not disapprove an application solely because the 
applicant proposes to provide treatment or transitional services 
to juveniles who are adjudicated delinquent for having commit-
ted offenses which are not serious crimes. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 254. (a) Subject to subsection (b), there are authorized to be 42 USC 13054. 
appropriated to carry out this subtitle— 
(1) $15,000,000 for fiscal year 1991; and 
(2) such sums as may be necessary for fiscal years 1992 and 
1993. 
(b) No amount is authorized to be appropriated for a fiscal year to 
carry out this subtitle unless the aggregate amount appropriated to 
carry out title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5611-5676) for such fiscal year is not less than 
the aggregate amount appropriated to carry out such title for the 
preceding fiscal year. 
(c) From the amount appropriated to carry out this subtitle in any 
fiscal year, the Administrator shall use— 
(1) not less than 85 percent to make grants under section 731 
for treatment and transitional services; 
(2) not to exceed 10 percent for grants under section 731 for 
research; and 
(3) not to exceed 5 percent for salaries and expenses of the 
Office of Juvenile Justice and Delinquency Prevention related 
to administering this subtitle. 
DEFINITIONS 
SEC. 255. For the purpose of this subtitle— 
42 USC 13055. 
(1) the term "Administrator" means the Administrator of the 
Office of Juvenile Justice and Delinquency Prevention; and 
(2) the term "juvenile" means an individual who is less than 
18 years of age. 
104 STAT. 4816 
PUBLIC LAW 101-647—NOV. 29, 1990 
Krati^^d TITLE III—CHILD PROTECTION RESTORA-
Enh^Snent 
TION AND PENALTIES ENHANCEMENT 
Act of 1990. 
ACT OF 1990. 
SEC. 301. SHORT TITLE. 
18 use 2251 
(a) SHORT TITLE.—This title may be cited as the "Child Protection 
note. 
Restoration and Penalties Enhancement Act of 1990". 
(b) EFFECTIVE DATE.—Section 2257(aXl) of title 18, United States 
. . . ..,. '. 
Code, is amended by striking "February 6, 1978" and inserting 
"November 1,1990". 
Subtitle A—Restoration of Recordkeeping 
Requirement 
SEC. 311. RECORDKEEPING REQUIREMENTS. 
Section 2257 of title 18, United States Code, is amended by strik-
ing subsections (d) and (e) and inserting the following: 
'(dXl) No information or evidence obtained from records required 
to be created or maintained by this section shall, except as provided 
in this section, directly or indirectly, be used as evidence against any 
person with respect to any violation of law. 
"(2) Paragraph (1) of this subsection shall not preclude the use of 
such information or evidence in a prosecution or other action for a 
violation of this section or for a violation of any applicable provision 
of law with respect to the furnishing of false information. 
Regulations. 
"(eXD Any person to whom subsection (a) applies shall cause to be 
affixed to every copy of any matter described in paragraph (1) of 
subsection (a) of this section, in such manner and in such form as 
the Attorney General shall by regulations prescribe, a statement 
describing where the records required by this section with respect to 
all performers depicted in that copy of the matter may be located. 
"(2) If the person to whom subsection (a) of this section applies is 
an organization the statement required by this subsection shall 
include the name, title, and business address of the individual 
employed by such organization responsible for maintaining the 
records required by this section, 
"(f) It shall be unlawful— 
"(1) for any person to whom subsection (a) applies to fail to 
create or maintain the records as required by subsections (a) 
and (c) or by any regulation promulgated under this section; 
"(2) for any person to whom subsection (a) applies knowingly 
to make any false entry in or knowingly to fail to make an 
appropriate entry in, any record required by subsection (b) of 
this section or any regulation promulgated under this section; 
"(3) for any person to whom subsection (a) applies knowingly 
to fail to comply with the provisions of subsection (e) or any 
•: P 
regulation promulgated pursuant to that subsection; and 
'(4) for any person knowingly to sell or otherwise transfer, or 
offer for sale or transfer, any book, magazine, periodical, film, 
video, or other matter, produce in whole or in part with mate-
rials which have been mailed or shipped in interstate or foreign 
commerce or which is intended for shipment in interstate or 
foreign commerce, which— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4817 
"(A) contains one or more visual depictions made after 
the effective date of this subsection of actual sexually ex-
plicit conduct; and 
"(B) is produced in whole or in part with materigils which 
have been mailed or shipped in interstate or foreign com-
merce, or is shipped or transported or is intended for 
shipment 
or transportation 
in interstate 
or 
foreign 
commerce; 
which does not have affixed thereto, in a manner prescribed as 
set forth in subsection (e)(1), a statement describing where the 
records required by this section may be located, but such person 
shall have no duty to determine the accuracy of the contents of 
the statement or the records required to be kept. 
"(g) The Attorney General shall issue appropriate regulations to Regulations, 
carry out this section. 
"(h) As used in this section— 
"(1) the term 'actual sexually explicit conduct' means actual 
but not simulated conduct as defined in subparagraphs (A) 
through (D) of paragraph (2) of section 2256 of this title; 
"(2) 'identification document' has the meaning given that 
term in section 1028(d) of this title; 
"(3) the term 'produces' means to produce, manufacture, or 
publish any book, magazine, periodical, film, video tape or other 
similar matter and includes the duplication, reproduction, or 
reissuing of any such matter, but does not include mere dis-
tribution or any other activity which does not involve hiring, 
contracting for managing, or otherwise arranging for the 
participation of the performers depicted; and 
"(4) the term 'performer' includes any person portrayed in a 
visual depiction engaging in, or assisting another person to 
engage in, actual sexually explicit conduct, 
"(i) Whoever violates this section shall be imprisoned for not more Law 
than 2 years, and fined in accordance with the provisions of this 
title, or both. Whoever violates this section after having been con-
victed of a violation punishable under this section shall be impris-
oned for any period of years not more than 5 years but not less than 
2 years, and fined in accordance with the provisions of this title, or 
both.". 
enforcement. 
Penalties. 
SEC. 312. EFFECTIVE DATE. 
Subsections (d), (f), (g), (h), and (i) of section 2257 of title 18, United 
States Code, £is added by this title shall take effect 90 days after the 
date of the enactment of this Act except— 
(1) the Attorney General shall prepare the initial set of 
regulations required or authorized by subsections (d), (f), (g), (h), 
and (i) of section 2257 within 60 days of the date of the enact-
ment of this Act; and 
(2) subsection (e) of section 2257 and of any regulation issued 
pursuant thereto shall take effect 90 days after the date of the 
enactment of this Act. 
18 use 2257 
note. 
Subtitle B—Sexual Abuse Penalties 
SEC. 321. SENTENCING COMMISSION GUIDELINES. 
The United States Sentencing Commission shall amend existing 
guidelines for sentences involving sexual crimes against children. 
28 use 994 note. 
104 STAT. 4818 
PUBLIC LAW 101-647—NOV. 29, 1990 
including offenses contained in chapter 109A of title 18, so that more 
substantial penalties may be imposed if the Commission determines 
^ 
current penalties are inadequate. 
SEC. 
3
2
2
. SEXUAL 
ABUSE 
OF 
A 
MINOR. 
Section 2243(a) of title 18, United States Code, is amended by 
striking "five years" and inserting "15 years". 
SEC. 323. CERTAIN ACTIVITIES RELATING TO VISUAL DEPICTIONS. 
(a) Section 2252 of title 18, United States Code, is amended— 
(1) by striking out "or" at the end of subsection (a)(1); and 
(2) by striking out "shall be punished as provided in subsec-
tion (b) of this section" in subsection (a)(2) and all that follows 
. -i 
f 
through the end of subsection (b) and inserting the following: 
"(3) either— 
"(A) in the special maritime and territorial jurisdiction of 
^ 
the United States, or on any land or building owned by, 
\ 
•- r 
leased to, or otherwise used by or under the control of the 
Government of the United States, or in the Indian country 
as defined in section 1151 of this title, knowingly sells or 
possesses with intent to sell any visual depiction; or 
"(B) knowingly sells or possesses with intent to sell any 
visual depiction that has been mailed, or has been shipped 
or transported in interstate or foreign commerce, or which 
was produced using materails which have been mailed or so 
shipped or transported, by any means, including by com-
.*rj 
puter, i
f
— 
"(i) the producing of such visual depiction involves 
T 
•> 
the use of a minor engaging in sexually explicit con-
duct; and 
"(ii) such visual depiction is of such conduct; or 
"(4) either— 
•' - 
"(A) in the special maritime and territorial jurisdiction of 
the United States, or on any land or building owned by, 
leased to, or otherwise used by or under the control of the 
Government of the United States, or in the Indian country 
as defined in section 1151 of this title, knowingly possesses 3 
or more books, magazines, periodicals, films, video tapes, or 
other matter which contain any visual depiction; or 
"(B) knowingly possesses 3 or more books, magazines, 
periodicals, films, video tapes, or other matter which con-
tain any visual depiction that has been mailed, or has been 
shipped or transported in interstate or foreign commerce, 
or which was produced using materials which have been 
mailed or so shipped or transported, by any means includ-
ing by computer, i
f
— 
;, , 
"(i) the producing of such visual depiction involves 
the use of a minor engaging in sexually explicit con-
duct; and 
"(ii) such visual depiction is of such conduct; 
shall be punished as provided in subsection (b) of this section. 
"(bXD Whoever violates paragraph (1), (2), or (3) of subsection (a) 
shall be fined under this title or imprisoned not more than ten 
* V f 
years, or both, but, if such person has a prior conviction under this 
section, such person shall be fined under this title and imprisoned 
for not less than five years nor more than fifteen years. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4819 
"(2) Whoever violates paragraph (4) of subsection (a) shall be fined 
under this title or imprisoned for not more than five years, or 
both.". 
(b) Paragraph (2) of subsection 2252(a) of title 18, United States 
Code, is amended by striking "that has been transported or shipped 
in interstate or foreign commerce by any means including by com-
puter or mailed" and inserting "that has been mailed, or has been 
shipped or transported in interstate or foreign commerce, or which 
contains materials which have been mailed or so shipped or trans-
ported, by any means including by computer,". 
(c) Section 1460 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking "or a visual depiction of a 
minor engaging in or assisting another person to engage in 
sexually explicit conduct," and 
(2) so that subsection (b) reads as follows: 
"(b) For the purposes of this section, the term 'visual depiction' 
includes undeveloped film and videotape but does not include mere 
words.". 
TITLE IV—OFFENSES INVOLVING 
CHILDREN 
SEC. 401. SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN. 
Section 1201 of title 18, United States Code, is amended by adding 
at the end the following new subsection: 
"(g) SPECIAL RULE FOR CERTAIN OFFENSES INVOLVING CHILDREN.— 
"(1) To WHOM APPLICABLE.—If— 
"(A) the victim of an offense under this section has not 
attained the age of eighteen years; and 
"(B) the offender— 
y 
"(i) has attained such £ige; and 
"(ii) is not— 
"(I) a parent; 
"(II) a grandparent; 
-
- 
* 
"(III) a brother; 
> 
"(IV) a sister; 
. 
-^ ,; , 
"(V) an aunt; 
"(VI) an uncle; or 
"(VII) an individual having legal custody of the 
victim; 
the sentence under this section for such offense shall be subject 
^ to paragraph (2) of this subsection. 
"(2) GUIDELINES.—The United States Sentencing Commission 
is directed to amend the existing guidelines for the offense of 
'kidnapping, abduction, or unlawful restraint,' by including the 
following additional specific offense characteristics: If the 
. victim was intentionally maltreated (i.e., denied either food or 
medical care) to a life-threatening degree, increase by 4 levels; if 
the victim was sexually exploited (i.e., abused, used involuntar-
ily for pornographic purposes) increase by 3 levels; if the victim 
was placed in the care or custody of another person who does 
not have a legal right to such care or custody of the child either 
in exchange for money or other consideration, increase by 3 
levels; if the defendant allowed the child to be subjected to any 
104 STAT. 4820 
PUBLIC LAW 101-647—NOV. 29, 1990 
Victims' Rights 
and Restitution 
Act of 1990. 
of the conduct specified in this section by another person, then 
increase by 2 levels,". 
TITLE V—PROTECTION OF CRIME 
VICTIMS 
42 u s e 10601 
note. 
42 use 10606. 
42 use 10607. 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Victims' Rights and Restitution Act 
of 1990". 
SEC. 502. VICTIMS* RIGHTS. 
(a) BEST EFFORTS TO ACCORD RIGHTS.—Officers and employees of 
the Department of Justice and other departments and agencies of 
the United States engaged in the detection, investigation, or 
prosecution of crime shall make their best efforts to see that victims 
of crime are accorded the rights described in subsection (b). 
(b) RIGHTS OF CRIME VICTIMS.—A crime victim has the following 
rights: 
(1) The right to be treated with fairness and with respect for 
the victim's dignity and privacy. 
(2) The right to be reasonably protected from the accused 
offender. 
(3) The right to be notified of court proceedings. 
(4) The right to be present at all public court proceedings 
related to the offense, unless the court determines that testi-
mony by the victim would be materially affected if the victim 
heard other testimony at trial. 
(5) The right to confer with attorney for the Government in 
the case. 
(6) The right to restitution. 
(7) The right to information about the conviction, sentencing, 
imprisonment, and release of the offender. 
(c) No CAUSE OF ACTION OR DEFENSE.—This section does not create 
a cause of action or defense in favor of any person arising out of the 
failure to accord to a victim the rights enumerated in subsection (b). 
SEC. 503. SERVICES TO VICTIMS. 
(a) DESIGNATION OF RESPONSIBLE OFFICIALS.—The head of each 
department and agency of the United States engaged in the detec-
tion, investigation, or prosecution of crime shall designate by names 
and office titles the persons who will be responsible for identifying 
the victims of crime and performing the services described in subsec-
tion (c) at each stage of a criminal case. 
(b) IDENTIFICATION OF VICTIMS.—At the earliest opportunity after 
the detection of a crime at which it may be done without interfering 
with an investigation, a responsible official shall— 
(1) identify the victim or victims of a crime; 
(2) inform the victims of their right to receive, on request, the 
services described in subsection (c); and 
(3) inform each victim of the name, title, and business address 
and telephone number of the responsible official to whom the 
victim should address a request for each of the services de-
scribed in subsection (c). 
(c) DESCRIPTION OF SERVICES.—(1) A responsible official shall— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4821 
(A) inform a victim of the place where the victim may receive 
emergency medical and social services; 
(B) inform a victim of any restitution or other relief to which 
the victim may be entitled under this or any other law and 
manner in which such relief may be obtained; 
(C) inform a victim of public and private programs that are 
available to provide counseling, treatment, and other support to 
the victim; and 
(D) assist a victim in contacting the persons who are respon-
sible for providing the services and relief described in subpara-
graphs (A), (B), and (C). 
(2) A responsible official shall arrange for a victim to receive 
reasonable protection from a suspected offender and persons acting 
in concert with or at the behest of the suspected offender. 
(3) During the investigation and prosecution of a crime, a respon-
sible official shall provide a victim the earliest possible notice o
f
— 
(A) the status of the investigation of the crime, to the extent it 
is appropriate to inform the victim and to the extent that it will 
not interfere with the investigation; 
(B) the arrest of a suspected offender; 
(C) the filing of charges against a suspected offender; 
(D) the scheduling of each court proceeding that the witness is 
either required to attend or, under section 1102(b)(4), is entitled 
to attend; 
(E) the release or detention status of an offender or suspected 
offender; 
(F) the acceptance of a plea of guilty or nolo contendere or the 
rendering of a verdict after trial; and 
(G) the sentence imposed on an offender, including the date 
on which the offender will be eligible for parole. 
(4) During court proceedings, a responsible official shall ensure 
that a victim is provided a waiting area removed from and out of the 
sight and hearing of the defendant and defense witnesses. 
(5) After trial, a responsible official shall provide a victim the 
earliest possible notice o
f
— 
(A) the scheduling of a parole hearing for the offender; 
(B) the escape, work release, furlough, or any other form of 
release from custody of the offender; and 
(C) the death of the offender, if the offender dies while in 
custody. 
(6) At all times, a responsible official shall ensure that any 
property of a victim that is being held for evidentiary purposes be 
maintained in good condition and returned to the victim as soon as 
it is no longer needed for evidentiary purposes. 
(7) The Attorney General or the head of another department or 
agency that conducts an investigation of a sexual assault shall pay, 
either directly or by reimbursement of payment by the victim, the 
cost of a physical examination of the victim which an investigating 
officer determines was necessary or useful for evidentiary purposes. 
(8) A responsible official shall provide the victim with general 
information regarding the corrections process, including informa-
tion about work release, furlough, probation, and eligibility for each. 
(d) No CAUSE OF ACTION OR DEFENSE.—This section does not create 
a cause of action or defense in favor of any person arising out of the 
failure of a responsible person to provide information as required by 
subsection (b) or (c). 
(e) DEFINITIONS.—For the purposes of this section— 
104 STAT. 4822 
PUBLIC LAW 101-647—NOV. 29, 1990 
(1) the term "responsible official" means a person designated 
pursuant to subsection (a) to perform the functions of a respon-
sible official under that section; and 
(2) the term "victim" means a person that has suffered direct 
physical, emotional, or pecuniary harm as a result of the 
commission of a crime, including— 
(A) in the case of a victim that is an institutional entity, 
an authorized representative of the entity; and 
(B) in the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, one of the follow-
ing (in order of preference): 
(i) a spouse; 
(ii) a legal guardian; 
(iii) a parent; 
(iv) a child; 
(v) a sibling; 
(vi) another family member; or 
(vii) another person designated by the court. 
SEC. 504. VICTIMS OF CRIME. 
42 use 10601. 
Section 1402(c)(l)(B)(i) of the Victims of Crime Act of 1984 is 
amended by striking "1991" and inserting "1990". 
SEC. 505. EXTENSION OF DEADLINE FOR CERTAIN PROVISIONS IN VIC-
TIMS OF CRIME ACT. 
Section 7129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 10601 
note) is amended by striking "1990" and inserting "1991". 
42 u s e 10606 
SEC. 506. SENSE OF CONGRESS WITH RESPECT TO VICTIMS OF CRIME. 
It is the sense of Congress that the States should make every 
effort to adopt the following goals of the Victims of Crime Bill of 
Rights: 
(1) Victims of crime should be treated with compassion, re-
spect and dignity throughout the criminal justice process. 
(2) Victims of crime should be reasonably protected from the 
accused throughout the criminal justice process. 
(3) Victims of crime should have a statutorily designated 
advisory role in decisions involving prosecutorial discretion, 
such as the decision to plea-bargain. 
(4) Victims of crime should have the right to a reasonable 
assurance that the accused will be tried in an expeditious 
manner. 
(5) A victim of crime should have the right to be present at all 
proceedings related to the offense against him, unless the victim 
is to testify and the court determines that the victim's testi-
mony would be materially prejudiced by hearing other testi-
mony at the trial. 
(6) Victims of crime should have the right to information 
about the conviction, sentencing and imprisonment of the 
person who committed the crime against them. 
(7) Victims of crime should be compensated for the damage 
resulting from the crime to the fullest extent possible by the 
person convicted of the crime. 
(8) Victims of crime should have a statutorily designated 
advisory role in deciding the early release status of the person 
convicted of the crime against them. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4823 
(9) A victim of crime should never be forced to endure again 
the emotional and physical consequences of the original crime. 
TITLE VI—LAW ENFORCEMENT 
AGENCIES 
Subtitle A—Maintaining Funding for State and 
Local Law Enforcement Agencies 
SEC. 601. MAINTAINING FUNDING FOR STATE AND LOCAL LAW ENFORCE-
MENT AGENCIES. 
(a) Section 504(a)(1) of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended by section 211 of 
the Department of Justice Appropriations Act, 1990 (Public Law 
101-162), is amended by striking "1990" and inserting in lieu thereof 42 USC 3754. 
"1991". 
(b) IMPROVING THE EFFECTIVENESS OF COURT PROCESS.—Paragraph 
(10) of section 501 of part D of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is amended to read as follows: 
42 USC 3751. 
"(10) improving the operational effectiveness of the court 
process, by expanding prosecutorial, defender and judicial re-
sources, and implementing court delay reduction programs;". 
Subtitle B—National Crime Information 
Kcemenr 
Center Project 2000 
on§?o^*'°''^'* 
28 u s e 534 note. 
SEC. 61L SHORT TITLE. 
This section may be cited as the "National Law Enforcement 
Cooperation Act of 1990". 
SEC. 612. FINDINGS. 
The Congress finds that— 
(1) cooperation among Federal, State and local law enforce-
ment agencies is critical to an effective national response to the 
problems of violent crime and drug trafficking in the United 
States; 
(2) the National Crime Information Center, which links more 
than 16,000 Federal, State and local law enforcement agencies, 
is the single most important avenue of cooperation among law 
enforcement agencies; 
(3) major improvements to the National Crime Information 
Center are needed because the current system is more than 
twenty years old; carries much greater volumes of enforcement 
information; and at this time is unable to incorporate techno-
logical advances that would significantly improve its perform-
ance; and 
(4) the Federal Bureau of Investigation, working with State 
and local law enforcement sigencies and private organizations, 
has developed a promising plan, "NCIC 2000", to make the 
necessary upgrades to the National Crime Information Center 
that should meet the needs of United States law enforcement 
agencies into the next century. 
104 STAT. 4824 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 613. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated the following sums to 
implement the "NCIC 2000" project: 
(1) $17,000,000 for fiscal year 1991; 
(2) $25,000,000 for fiscal year 1992; 
(3) $22,000,000 for fiscal year 1993; 
(4) $9,000,000 for fiscal year 1994; and 
(5) such sums as may be necessary for fiscal year 1995. 
SEC. 614. REPORT. 
By February 1 of each fiscal year for which funds for NCIC 2000 
are requested, the Director of the Federal Bureau of Investigation 
shall submit a report to the Committees on the Judiciary of the 
Senate and House of Representatives that details the progress that 
has been made in implementing NCIC 2000 and a complete justifica-
tion for the funds requested in the following fiscal year for NCIC 
2000. 
TITLE VII—FEDERAL LAW ENFORCE-
MENT AND JUDICIAL ASSISTANCE 
SEC. 701. ADDITIONAL AUTHORIZATIONS. 
There are authorized to be appropriated for the fiscal year ending 
September 30, 1991, the following sums (which shall be in addition 
to any other appropriations): 
(1) For the Federal Bureau of Investigation, $98,000,000 for 
the hiring of additional agents and support personnel to be 
dedicated to the investigation of drug trafficking organizations; 
(2) For the Drug Enforcement Administration, $100,500,000 
which shall include— 
(A) not to exceed $10,000,000 for enforcing provisions of 
Federal law regarding precursor and essential chemicals; 
(B) not to exceed $37,500,000 for assigning not fewer than 
250 agents and necessary support personnel to rural areas 
where State and local law enforcement agencies have 
identified the distribution of "crack" cocaine and/or the 
manufacture and distribution of methamphetamine to be a 
serious law enforcement problem that exceeds the resources 
of local law enforcement, and involves trafficking across 
State or national boundaries; and 
(C) not to exceed $15,000,000 to expand DEA State and 
local task forces, including payment of State and local 
overtime equipment and personnel costs; 
(3) For the United States courts, $9,000,000 for additional 
probation officers, judges, magistrates and other personnel 
including not to exceed $2,000,000 for training, document 
production, and other expenses related to the implementation of 
the Federal sentencing guidelines; 
(4) For the United States attorneys, $24,000,000 for additional 
prosecutors and staff to implement a program of prosecuting in 
Federal court drug offenses arising out of arrests and investiga-
tions conducted by State and local law enforcement agencies; 
(5) For defender services, $8,000,000 for the defense of persons 
prosecuted in Federal court for drug offenses arising out of 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4825 
arrests and investigations conducted by State and local law 
enforcement agencies; 
(6) For the United States marshals, $9,000,000; and 
(7) For the Immigration and Naturalization Service United 
States Border Patrol, $45,000,000 to be allocated as follows: 
(A) $15,000,000 for the hiring, training, and equipping of 
no fewer than 500 full-time equivalent Border Patrol officer 
positions; 
(B) $25,000,000 for INS criminal investigations and the 
expeditious deportation of criminal aliens from detention; 
and 
(C) $5,000,000 for the procurement of low-level light tele-
vision systems, portable and permanent sensor systems, 
and 4-wheel drive law enforcement vehicles for the United 
States Border Patrol. 
TITLE VIII—RURAL DRUG ENFORCEMENT 
SEC. 801. RURAL DRUG ENFORCEMENT ASSISTANCE. 
(a) IN GENERAL.—Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended by section 241 
of this Act, is amended— 
(1) by redesignating part O as part P; 
(2) by redesignating section 1501 as section 1601; and 
(3) by inserting after part N the following: 
"Part O—Rural Drug Enforcement Assistance 
"RURAL DRUG ENFORCEMENT ASSISTANCE 
"SEC. 1501. (a) Of the total amount appropriated for this section in 
42 USC 3796bb. 
any fiscal year: 
"(1) 50 percent shall be allocated to and shared equally among 
rural States as described in subsection (b); and 
"(2) 50 percent shall be allocated to the remaining States for 
use in nonmetropolitan areas within those States, as follows: 
"(A) $100,000 to each nonrural State; and 
"(B) of the total funds remaining after the allocation in 
subparagraph (A), there shall be allocated to each State an 
amount which bears the same ratio to the amount of 
remaining funds described as the population of such State 
bears to the population of all States. 
"(b) For the purpose of this section, the term 'rural State' means a 
State that has a population density of fifty-two or fewer persons per 
square mile or a State in which the largest county has fewer than 
one hundred and fifty thousand people. 
42 USC 3797. 
OTHER REQUIREMENTS 
"SEC. 1502. Subparts 1 and 3 of part E of this title shall apply with 
respect to funds appropriated to carry out this part, in the same 
manner as such subparts apply to funds appropriated to carry out 
part E, except that— 
"(1) section 506(a) of this title shall not apply with respect to 
this part; and 
42 USC 
3796bb-l. 
104 STAT. 4826 
PUBLIC LAW 101-647—NOV. 29, 1990 
Mandatory 
Detention for 
Offenders 
Convicted of 
Serious Crimes 
Act. 
18 u s e 3141 
note. 
"(2) in addition to satisfying the requirements of section 
503(a), each application for a grant under this part shall include 
in its application a statement specifying how such grant will be 
coordinated with a grant received under section 506 of this title 
for the same fiscal year.". 
0?) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3793(a)) is amended by adding at the end the following: 
"(7) There are authorized to be appropriated $20,000,000 for fiscal 
year 1991, and such sums as may be necessary for fiscal years 1992 
and 1993, to carry out part O". 
(c) TECHNICAL AMENDMENTS.—(1) Section 801(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3782(b)) is amended by striking "and N" and inserting "N, and O". 
(2) Section 802(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3783(b)) as amended by section 241 of 
this Act, is amended by striking "or N" and inserting ", N, or O". 
(3) The table of contents of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended by 
section 241 of this Act, is amended by striking the matter relating to 
part O and inserting the following: 
"PART O—RURAL DRUG ENFORCEMENT ASSISTANCE 
"Sec. 1401. Rural drug enforcement assistance. 
"Sec. 1402. Other Requirements. 
"PART P—TRANSITION; EFFECTIVE DATE; REPEALER 
"Sec. 1501. Continuation of rules, authorities, and proceedings.". 
TITLE IX—MANDATORY DETENTION 
SEC. 901. SHORT TITLE. 
This title may be cited as the "Mandatory Detention for Offenders 
Convicted of Serious Crimes Act". 
SEC. 902. MANDATORY DETENTION. 
(a) PENDING SENTENCE.—Subsection (a) of section 3143 of title 18, 
United States Code, is amended by— 
(1) striking "The judicial officer" and inserting: 
"(1) Except as provided in paragraph (2), the judicial officer"; and 
(2) inserting at the end thereof the following: 
"(2) The judicial officer shall order that a person who has been 
found guilty of an offense in a case described in subparagraph (A), 
(B), or (C) of subsection (fKl) of section 3142 and is awaiting imposi-
tion or execution of sentence be detained unless— 
"(AXi) the judicial officer finds there is a substantial likeli-
hood that a motion for acquittal or new trial will be granted; or 
"(ii) an attorney for the Government has recommended that 
no sentence of imprisonment be imposed on the person; and 
"(B) the judicial officer finds by clear and convincing evidence 
that the person is not likely to flee or pose a danger to any other 
person or the community. . 
(b) PENDING APPEAL.—Subsection (b) of section 3143 of title 18, 
United States Code, is amended by— 
(1) striking "The judicial officer" and inserting: 
"(1) Except as provided in paragraph (2), the judicial officer"; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4827 
(2) redesignating subparagraphs (A), (B), (C), and (D) of para-
graph (2) as clauses (i), (ii), (iii), and (iv), respectively; 
(3) redesignating paragraphs (1) and (2) as subparagraphs (A) 
and (B); and 
(4) adding at the end thereof the following: 
"(2) The judicial officer shall order that a person who has been 
found guilty of an offense in a case described in subparagraph (A), 
(B), or (C) of subsection (f)(1) of section 3142 and sentenced to a term 
of imprisonment, and who has filed an appeal or a petition for a writ 
of certiorari, be detained.''. 
(c) EXCEPTIONAL CASES.—Subsection (c) of section 3145 of title 18, 
United States Code, is amended by adding at the end the following: 
"A person subject to detention pursuant to section 3143(a)(2) or 
(b)(2), and who meets the conditions of release set forth in section 
3143(a)(1) or (b)(1), may be ordered released, under appropriate 
conditions, by the judicial officer, if it is clearly shown that there are 
exceptional reasons why such person's detention would not be 
appropriate.". 
TITLE X—JUVENILE JUSTICE 
SEC. 1001. TECHNICAL AMENDMENTS. 
(a) CORRECTION OF MISSPELLED WORD.—Subsection (a) of section 
3143 of title 18, United States Code, is amended by striking "wait-
ing" and inserting "awaiting". 
(b) CORRECTION OF REFERENCE TO REPEALED PROVISION.—Subsec-
tions (e) and (f) of section 3142 of title 18, United States Code, are 
each amended by striking "section 1 of the Act of September 15, 
1980 (21 U.S.C. 955a)" and inserting "the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et seq.)". 
y 
SEC. 1002. REDESIGNATION OF CONFUSING SECTIONS IN THE CON-
TROLLED SUBSTANCES ACT PERTAINING TO CHILDREN. 
(a) SECTION 405—NEW SECTION 418.—(1) Section 405 of the Con-
trolled Substances Act is redesignated as section 418. 
21 USC 845,859. 
(2) Section 418 of such Act (as redesignated by paragraph (1)) is 21 USC 859. 
amended— 
(A) in subsection (a), by striking "section 405A" and inserting 
"section 419"; and 
(B) in subsection (b) by striking "section 405A" and inserting 
"section 419". 
, 
0)) SECTION 405A—NEW SECTION 419.—Section 405A of the Con-
trolled Substances Act is redesignated as section 419. 
21 USC 845a, 
(c) SECTION 405B—NEW SECTION 420.—Section 405B of the Con- ^^^ 
trolled Substances Act is redesignated as section 420. 
21 USC 845b, 
(d) TRANSFER OF SECTION 5301 OF THE ANTI-DRUG ABUSE ACT OF ^^^• 
1988—NEW SECTION 421.—(1) Section 5301 of the Anti-Drug Abuse 
Act of 1988 is— 
21 USC 853a, 
(A) transferred to the Controlled Substances Act; and 
^^^• 
(B) redesignated as section 421 of the Controlled Substances 
Act. 
(2) Section 421(aXl) of the Controlled Substances Act, as amended 
by paragraph (1) of this subsection, is amended by striking "(as such 
21 USC 862. 
terms are defined for purposes of the Controlled Substances Act)". 
104 STAT. 4828 
PUBLIC LAW 101-647—NOV. 29, 1990 
(e) CONFORMING AMENDMENTS TO OTHER SECTIONS.—(1) Section 
21 use 841. 
401(b) of the Controlled Substances Act is amended by striking 
"section 405, 405A, or 405B" and inserting "section 418, 419, or 420". 
(2) Section 401(c) of the Controlled Substances Act is amended by 
striking "section 405, 405A, or 405B" and inserting "section 418, 419, 
or 420". 
(f) AMENDMENT TO TABLE OF CONTENTS.—The table of contents of 
^ 
the Comprehensive Drug Abuse Prevention and Control Act of 1970 
is amended in part D of title II by striking the items for sections 405, 
405A and 405B and inserting at the end thereof the following: 
J 
"418. Distribution to persons under age twenty-one. 
"419. Distribution or manufacturing in or near schools and colleges. 
"420. Employment of persons under 18 years of age. 
"421. Denial of Federal benefits to drug traffickers and possessors.". 
(g) TRANSFER OF SECTION 6486 OF THE ANTI-DRUG ABUSE ACT OF 
1988—NEW SECTION 405.—(1) Section 6486 of the Anti-Drug Abuse 
21 use 844a. 
Act of 1988 is— 
(A) transferred to the Controlled Substances Act; and 
(B) redesignated as section 405 of the Controlled Substances 
Act. 
(2) Section 405 of the Controlled Substances Act, as amended by 
21 use 844a. 
paragraph (1) of this subsection, is amended— 
(A) in subsection (a), by— 
^ 
(i) striking "of the Controlled Substances Act (21 U.S.C. 
841(b)(1)(A))"; and 
(ii) striking "of that Act (21 U.S.C. 841(b)(1)(A))"; 
• (B) in subsection (c), by striking "as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802)"; 
^ 
(C) in subsection (j)(4), by striking "as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802)". 
(3) The table of contents of the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (as amended by subsection (c) of 
this section) is amended in part D of title II by inserting after the 
item for section 404 the following: 
"405. Civil penalty for possession of small amounts of certain controlled sub-
stances.". 
(h) PART E OF THE CONTROLLED SUBSTANCES ACT.— 
(1) SECTION 511A—NEW SECTION 518.—Section 511A of the 
21 use 881-1, 
Controlled Substances Act is redesignated as section 518. 
^^^- 
(2) TRANSFER OF SECTION 1764 OF THE FOOD SECURITY ACT OF 
21 use 881a, 
1985.—Section 1764 of the Food Security Act of 1985 is— 
^^- 
( -,r js. 
(A) transferred to the Controlled Substances Act; and 
(B) redesignated as section 519 of the Controlled Sub-
stances Act. 
> 
: 
(3) AMENDMENT TO TABLE OF CONTENTS.—The table of contents 
of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 is amended in part E of title II by striking the items for 
section 511A and inserting at the end thereof the following: 
"518. Expedited procedures for seized conveyances. 
"519. Production control of controlled substances.". 
SEC. 1003. CLARIFICATION OF ENHANCED PENALTIES UNDER CON-
TROLLED SUBSTANCES ACT. 
(a) SECTION 418 (OLD SECTION 405).—Section 418 of the Controlled 
Ante, p. 4827. 
Substances Act (as redesignated by this Act) is amended— 
(1) in subsection (a), by striking "punishable by (1) a term of 
imprisonment, or a fine, or both, up to twice that authorized by 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4829 
section 401(b)" and inserting "subject to (1) twice the maximum 
punishment authorized by section 401(b)"; and 
(2) in subsection (b), by striking "punishable by (1) a term of 
imprisonment, or a fine, or both, up to three times that au-
thorized by section 401(b)" and inserting "subject to (1) three 
^ 
times the maximum punishment authorized by section 401(b)". 
(b) SECTION 419 (OLD SECTION 405A).—Section 419 of the Con-
trolled Substances Act (as redesignated by this Act) is amended— Ante, p. 4827. 
(1) in subsection (a), by striking "punishable (1) by a term of 
imprisonment, or a fine, or both, up to twice that authorized by 
section 401(b)" and inserting "subject to (1) twice the maximum 
punishment authorized by section 401(b)"; and 
(2) in subsection (bXl), by striking subparsigraph (B) and 
inserting "(B) three times the maximum punishment authorized 
by section 401(b) for a first offense". 
(c) SECTION 420 (OLD SECTION 405B).—Section 420 of the Controlled 
Substances Act (as redesignated by this Act) is amended— 
Ante, p. 4827. 
(1) in subsection (b), by striking "is punishable by a term of 
imprisonment up to twice that authorized, or up to twice the 
fine authorized, or both," and inserting "is subject to twice the 
maximum punishment otherwise authorized"; and 
(2) in subsection (c), by striking "is punishable by a term of 
imprisonment up to three times that authorized, or up to three 
times the fine authorized, or both," and inserting "is subject to 
three times the maximum punishment otherwise authorized". 
TITLE XI—SHORT-BARRELED SHOTGUNS 
• \ 
• 
• 
SEC. 1101. MINIMUM PENALTY RELATING TO SHORT-BARRELED SHOT-
GUNS AND OTHER FIREARMS. 
Section 924(cXl) of title 18, United States Code, is amended in the 
first sentence by— 
(1) inserting "and if the firearm is a short-barreled rifle, 
short-barreled shotgun to imprisonment for ten years," after 
"sentenced to imprisonment for five years,"; and 
(2) by inserting "or a destructive device," after "a machine-
gun,", wherever the term "machine gun" appears in section 
924(cXl). 
: 
TITLE XII—MISCELLANEOUS CRIMINAL 
LAW IMPROVEMENTS 
SEC. 1201. CLARIFICATION OF MANDATORY MINIMUM PENALTY FOR 
SERIOUS CRACK POSSESSION. 
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is 
emiended in the third sentence by striking out "shall be fined under 
title 18, United States Code, or imprisoned not less than 5 years and 
not more than 20 years, or both," and inserting in lieu thereof "shall 
^ 
be imprisoned not less than 5 years and not more than 20 years, and 
fined a minimum of $1,000,". 
104 STAT. 4830 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 1202. CORRECTION OF AN ERROR RELATING TO THE QUANTITY OF 
METHAMPHETAMINE NECESSARY TO TRIGGER A MANDA-
TORY MINIMUM PENALTY. 
Section 401(b)(l)(AXviii) of the Controlled Substances Act (21 
U.S.C. 841(b)(l)(AXviii)) is amended by striking out "or 100 grams or 
more of a mixture or substance containing a detectable amount of 
methamphetamine" and inserting in lieu thereof "or 1 kilogram or 
more of a mixture or substance containing a detectable amount of 
methamphetamine". 
SEC. 1203. CONFORMING AMENDMENT TO CONSPIRACY AND ATTEMPT 
PENALTY UNDER THE MARITIME DRUG LAW ENFORCEMENT 
ACT. 
Section 3(j) of the Maritime Drug Law Enforcement Act (46 U.S.C. 
App. 1903(j)) is amended by striking out "is punishable by imprison-
ment or fine, or both, which may not exceed the maximum punish-
' 
' 
ment" and inserting in lieu thereof "shall be subject to the same 
penalties as those". 
SEC. 1204. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES 
IMPORT AND EXPORT ACT RELATING TO METHAMPHET-
AMINE. 
(a) LARGE AMOUNTS.—Section 1010(bXl) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(bXl)) is amended by— 
(1) striking out "or" at the end of subparagraph (F); 
(2) inserting "or" at the end of subparagraph (G); and 
y i 
(3) adding a new subparagraph (H), as follows: 
, 
"(H) 100 grams or more of methamphetamine, its salts, iso-
„ 
mers, and salts of its isomers or 1 kilogram or more of a mixture 
or substance containing a detectable amount of methamphet-
amine, its salts, isomers, or salts of its isomers.". 
O
t
>
) SMALL AMOUNTS.—Section 1010(bX2) of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960(bX2)) is amended by— 
(1) striking out "or" at the end of subparagraph (F); 
r 
(2) inserting "or" at the end of subparagraph (G); and 
(3) adding a new subparagraph (H), as follows: 
"(H) 10 grams or more of methamphetamine, its salts, iso-
mers, and salts of its isomers or 100 grams or more of a mixture 
or substance containing a detectable amount of methamphet-
amine, its salts, isomers, or salts of its isomers.". 
SEC. 1205. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND 
TERRITORIES. 
(a) Section 232 of title 18, United States Code, is amended by 
adding a new paragraph, as follows: 
"(8) The term 'State' includes a State of the United States, 
and any commonwealth, territory, or possession of the United 
States.". 
(b) Section 245 of title 18, United States Code, is amended by 
adding a new subsection, as follows: 
"(d) For purposes of this section, the term'State'includes a State 
of the United States, the District of Columbia, and any common-
wealth, territory, or possession of the United States.". 
(c) Section 402 of title 18, United States Code, is amended by 
adding a new undesignated paragraph, as follows: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4831 
"For purposes of this section, the term 'State' includes a State of 
the United States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.". 
(d) Section 666(d) of title 18, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof '; and"; and 
(3) by adding a new paragraph, as follows: 
"(4) the term 'State' includes a State of the United States, the 
District of Columbia, and any commonwealth, territory, or 
possession of the United States.". 
(e) Sections 1028(d)(5) and 1030(e)(3) of title 18, United States Code, 
are each amended by inserting "commonwealth," before "possession 
or territory of the United States". 
(f) Section 1029(f) of title 18, United States Code, is amended by 
adding at the end the following: "For purposes of this subsection, the 
term 'State' includes a State of the United States, the District of 
Columbia, and any commonwealth, territory, or possession of the 
United States.". 
(g) Section 1084(e) of title 18, United States Code, is amended by 
inserting "commonwealth," before "territory or possession of the 
United States". 
(h) Section 1114 of title 18, United States Code, is amended by 
inserting "or any other commonwealth, territory, or possession" 
after "the Virgin Islands". 
(i) Section 1952(b) of title 18, United States Code, is amended— 
(1) by inserting "(i)" after "As used in this section"; and 
(2) by inserting "and (ii) the term 'State' includes a State of 
the United States, the District of Columbia, and any common-
wealth, territory, or possession of the United States" before the 
period. 
(j) Section 1956(c) of title 18, United States Code, is amended by 
adding at the end the following new paragraph: 
"(8) the term 'State' includes a State of the United States, the 
District of Columbia, and any commonwealth, territory, or 
possession of the United States.", 
(k) Section 19580t)) of title 18, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by striking out the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; and 
(3) by adding a new pareigraph (3), as follows: 
"(3) 'State' includes a State of the United States, the District 
of Columbia, and any commonwealth, territory, or possession of 
the United States.". 
(1) Section 2313 of title 18, United States Code, is amended— 
(1) by inserting "(a)" before "Whoever"; and 
(2) by adding a new subsection, as follows: 
"(b) For purposes of this section, the term 'State' includes a State 
of the United States, the District of Columbia, and any common-
wealth, territory, or possession of the United States.". 
(m) Section 2315 of title 18, United States Code, is amended by 
adding at the end the following undesignated paragraph: 
"For purposes of this section, the term 'State' includes a State of 
the United States, the District of Columbia, and any commonwealth, 
territory, or possession of the United States.". 
(n) Section 5032 of title 18, United States Code, is amended— 
104 STAT. 4832 
PUBLIC LAW 101-647—NOV. 29, 1990 
(1) in the second undesignated paragraph, by adding at the 
end the following: "For purposes of this section, the term 'State' 
includes a State of the United States, the District of Columbia, 
and any commonwealth, territory, or possession of the United 
States."; and 
(2) in the third undesignated paragraph, by striking out "to 
the authorities of a State or the District of Columbia" and 
inserting in lieu thereof "to the authorities of a State". 
SEC. 1
2
0
6
. 
REPEAL 
OF 
ANTIQUATED 
OFFENSE 
AND 
DELETION 
OF 
TABLE 
REFERENCES 
TO 
REPEALED 
OFFENSES. 
(a) Section 45 of title 18, United States Code, is repealed. 
O
b
) The table of sections for chapter 3 of title 18, United States 
Code, is amended by striking out the items relating to sections 43, 
44, and 45. 
SEC. 1207. REPEAL OF OTHER OUTMODED OFFENSES AND RELATED 
PROVISIONS. 
(a) Section 969 of title 18, United States Code, is repealed and the 
table of sections for chapter 45 of title 18, United States Code, is 
amended by striking out the items relating to sections 968 and 969. 
(b) Sections 2198 and 3286 of title 18, United States Code, are 
repealed and the respective tables of sections in chapter 107 and 213 
are amended by striking out the items relating to sections 2198 and 
3286. 
SEC. 1208. CONFORMING JURISDICTIONAL AMENDMENT FOR SECTION 
2314 TO COVER FRAUDULENT SCHEMES INVOLVING FOREIGN 
AS WELL AS INTERSTATE TRAVEL. 
The second paragraph of section 2314 of title 18, United States 
Code, is amended by inserting "or foreign" after "interstate". 
SEC. 1209. CLARIFICATION OF ONE-YEAR PERIOD. 
Section 666(d) of title 18, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof "; and"; and 
(3) by adding a new paragraph, as follows: 
"(4) the term 'in any one-year period' means a continuous 
period that commences no earlier than twelve months before 
the commission of the offense or that ends no later than twelve 
months after the commission of the offense. Such period may 
include time both before and after the commission of the 
offense.". 
SEC. 1210. REPEAL OF PROVISIONS JUDICIALLY DETERMINED TO BE IN-
VALID. 
(a) Section 1730 of title 18, United States Code, is amended by 
striking out ", if the portrayal does not tend to discredit that 
service". 
OJ) Section 1714 of title 18, United States Code, is repealed and the 
item for such section in the table of sections at the beginning of 
chapter 83 of title 18 is repealed. 
(c) Section 1718 of title 18, United States Code, is repealed and the 
item for such section in the table of sections at the beginning of 
chapter 83 of title 18 is likewise repealed. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4833 
SEC. 1
2
1
1
. 
DELETION OF REQUIREMENT OF PERSONAL APPROVAL OF 
ATTORNEY GENERAL FOR PROSECUTIONS UNDER THE 
ATOMIC 
ENERGY 
ACT. 
Section 221(c) of the Atomic Energy Act of 1954 (42 U.S.C. 2271(c)) 
is amended by striking out "That no action shall be brought under 
section 222, 223, 224, 225, or 226 except by the express direction of 
the Attorney General: And provided 
further,". 
SEC. 1212. TECHNICAL CORRECTION TO PROVISION FOR COMPUTING 
MARSHAL'S COMMISSION. 
Section 1921(c)(1) of title 28, United States Code, is amended in the 
second sentence by striking out "If the property is to be disposed of 
by marshal's sale ' and inserting in lieu thereof "if the property is 
not disposed of by marshal's sale'. 
SEC. 1213. CORRECTION OF MISPLACED PHRASE IN 18 U.S.C. 3289. 
Section 3289 of title 18, United States Code, is amended by strik-
ing out "or, in the event of an appeal, within 60 days of the date the 
dismissal of the indictment or information becomes final," and 
inserting that same stricken language after "within six months of 
the expiration of the statute of limitations,". 
SEC. 1214. MANDATORY MINIMUM SENTENCES FOR DRUG OFFENSES 
INVOLVING MINORS. 
DISTRIBUTION OR MANUFACTURING IN OR NEAR SCHOOLS AND COL-
LEGES.—(1) Section 405A(a) of the Controlled Substances Act (21 
U.S.C. 845a(a)) as redesignated by this Act, is amended— 
Ante, p. 4827. 
(A) in paragraph (1) of the first sentence by striking ", or a 
fine, or both,"; 
(B) by adding after the first sentence the following: "A fine up 
to twice that authorized by section 401(b) may be imposed in 
addition to any term of imprisonment authorized by this subsec-
tion."; and 
(C) in the second sentence by striking beginning with "a term 
o f through the end of the sentence and inserting "a person 
shall be sentenced under this subsection to a term of imprison-
ment of not less than one year.". 
(2) Section 405A(b) of the Controlled Substances Act (21 U.S.C. 
845a(b)) as redesignated by this Act, is amended— 
(A) in paragraph (1)(B) by striking ", or a fine up to three 
times that" through "or both"; and 
(B) by inserting after the first sentence the following: "A fine 
up to three times that authorized by section 401(b) may be 
imposed in addition to any term of imprisonment authorized by 
this subsection. Except to the extent a greater minimum sen-
tence is otherwise provided by section 401(b), a person shall be 
sentenced under this subsection to a term of imprisonment of 
not less than three years". 
(3) Section 419(c) of the Controlled Substances Act (21 U.S.C. 
845a(c)) as redesignated by this Act, is amended— 
Ante, p. 4827. 
(A) in the first sentence by inserting "mandatory minimum" 
after "any"; 
(B) in the first sentence by striking "subsection (b) of; and 
(C) by striking the second sentence and inserting "An individ-
ual convicted under this section shall not be eligible for parole 
until the individual has served the mandatory minimum term 
of imprisonment as provided by this section.". 
104 STAT. 4834 
PUBLIC LAW 101-647—NOV. 29, 1990 
TITLE XIII—PUBLIC SAFETY OFFICERS' 
DISABILITY BENEFITS 
SEC. 1301. PUBLIC SAFETY OFFICERS' DISABILITY BENEFITS. 
(a) PAYMENT.—Section 1201 of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended— 
(1) in subsections (c) and (d) by striking "(b)" each place it 
appears and inserting "(c)", 
(2) by redesignating subsections (b), (c), (d), (e), (f), (g), and (h) 
as subsections (c), (d), (e), (f), (g), (h), and (i), respectively, 
(3) by inserting after subsection (a) the following: 
"(b) In accordance with regulations issued pursuant to this part, 
in any case in which the Bureau determines that a public safety 
officer has become permanently and totally disabled as the direct 
result of a catastrophic personal injury sustained in the line of duty, 
the Bureau shall pay, to the extent that appropriations are pro-
vided, a benefit of up to $100,000, adjusted in accordance with 
subsection (g), to such officer: Provided, That the total annual 
benefits paid under this section may not exceed $5,000,000. For the 
purposes of making these benefit payments, there are authorized to 
be appropriated for each fiscal year such sums as may be necessary: 
Provided further. That these benefit pajonents are subject to the 
availability of appropriations and that each beneficiary's payment 
shall be reduced by a proportionate share to the extent that suffi-
cient funds are not appropriated.", and 
(4) by adding at the end thereof the following: 
"(j)(l) No benefit is payable under this part with respect to the 
death of a public safety officer if a benefit is paid under this part 
with respect to the disability of such officer. 
"(2) No benefit is payable under this part with respect to the 
disability of a public safety officer if a benefit is payable under this 
part with respect to the death of such public safety officer.". 
(b) LIMITATIONS.—Paragraphs (1), (2), (3), and (4) of section 1202 of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796a) are each amended by inserting "or catastrophic injury" after 
"death". 
(c) DEFINITION.—Section 1204 of the Omnibus Crime Control and 
42 use 3796b. 
Safe Streets Act of 1968 (42 U.S.C. 3796c) is amended— 
(1) by redesignating paragraphs (1) through (6) as paragraphs 
(2) through (7), respectively, and 
(2) by inserting before paragraph (2),. as so redesignated, the 
following: 
"(1) 'catastrophic injury' means consequences of an injury 
that permanently prevent an individual from performing any 
gainful work;".. 
SEC. 1302. RESCUE SQUAD AND AMBULANCE PERSONNEL. 
Section 1204 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796b) is amended in paragraph (2) 
(relating to the definition of firefighter) by— 
(1) adding "." after "ambulance crew"; and 
(2) striking "who was responding to a fire, rescue or police 
emergency.". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4835 
SEC. 1303. EFFECTIVE DATE. 
42 USC 3796 
EFFECTIVE DATE.—The amendments made by this title shall take 
effect upon enactment and shall not apply with respect to injuries 
occurring before the effective date of such amendments. 
TITLE XIV—MONEY LAUNDERING 
SEC. 1401. CRIMINAL FORFEITURE IN CASES INVOLVING CMIR VIOLA-
TIONS. 
Section 982(a) of title 18, United States Code, is amended by 
inserting ", 5316" after "5313(a)". 
SEC. 1402. DEFINITION OF "FINANCIAL TRANSACTION". 
Section 1956(c)(4) of title 18, United States Code, is amended by— 
(1) inserting "(A)" before "a transaction" the first place it 
appears and inserting "(B)" before "a transaction" the second 
place it appears; and 
(2) inserting "(i)" before "involving" the first place it appears 
and inserting "(ii)" before "involving" the second place it 
appears. 
SEC. 1403. MONEY LAUNDERING FORFEITURES. 
Section 982(b)(2) of title 18, United States Code, is amended by 
inserting the following before the period: "unless the defendant, in 
committing the offense or offenses giving rise to the forfeiture, 
< 
conducted three or more separate transactions involving a total of 
$100,000 or more in any twelve month period". 
SEC. 1404. ENVIRONMENTAL CRIMES AS MONEY LAUNDERING PREDI-
CATES. 
(a) Section 1956(cX7) of title 18, United States Code, is amended 
b y -
(1) striking "or" before "(D)"; and 
(2) inserting "; or" and the following before the period: 
"ENVIRONMENTAL CRIMES 
"(E) a felony violation of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act 
(33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act 
(42 U.S.C. 300f et seq.), or the Resources C!onservation and 
Recovery Act (42 U.S.C. 6901 et seq.)". 
O
t
>
) Section 1956(e) of title 18, United States Code, is amended by 
' 
adding at the end the following sentence: "Violations of this section 
involving offenses described in paragraph (cX'7)(E) may be inves-
tigated by such components of the Department of Justice £is the 
Attorney General may direct, and the National Enforcement Inves- 
, 
,
4 -
tigations Center of the Evironmental Protection Agency. 
104 STAT. 4836 
PUBLIC LAW 101-647—NOV. 29, 1990 
TITLE XV—DRUG-FREE SCHOOL ZONES 
20 use 3192 
SEC. 1501. DEVELOPMENT OF MODEL PROGRAM OF STRATEGIES AND 
note. 
TACTICS. 
(a) IN GENERAL.—The Attorney General shall develop a model 
program of strategies and tactics for establishing and maintaining 
drug-free school zones. 
(b) ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT AGEN-
CIES.—The program required by subsection (a) shall be designed to 
provide State and local law enforcement agencies with materials, 
training, and other assistance to establish, enforce, and evaluate the 
effectiveness of drug-free school zone enforcement efforts. 
(c) PROGRAM CRITERIA.—The program required by subsection (a) 
shall— 
(1) define the criminal justice community's role in creating 
and maintaining drug-free school zones; 
(2) develop a framework for law enforcement collaboration 
with the school system and community resource network; 
(3) identify a core law enforcement drug demand reduction 
program plan; 
(4) provide materials and technical assistance for demarcating 
and establishing drug-free school zones; 
(5) create a coordinated publicity plan with the school system 
and community resource network; 
(6) identify and develop model drug-free school zone law 
enforcement strategies and tactics; 
(7) develop a model coordinated strategy for prosecuting viola-
tions within the zones; 
(8) create a uniform framework for monitoring and evaluating 
the effectiveness of drug-free school zones to determine which 
strategies and tactics succeed under various conditions and 
constraints; and 
(9) provide support materials and exemplary 
program 
overviews. 
(d) 
PREFERRED 
APPROACHES.—In 
establishing 
the 
program 
required by subsection (a), the Attorney General shall prefer ap-
proaches to drug-free school zone enforcement that unite the crimi-
nal justice community, the education community, and the network 
of community resources in meaningful collaboration to reduce the 
availability of and demand for drugs in a drug-free school zone. 
(e) REPORT.—At the conclusion of the program required by subsec-
tion (a), the Attorney General shall submit a report to Congress 
describing the strategies and tactics that are found to be successful 
in establishing, enforcing, and maintaining drug-free school zones. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated to carry out this section $1,500,000 for fiscal year 1991. 
SEC. 1502. AMENDMENT TO THE CONTROLLED SUBSTANCES ACT. 
Section 405A of the Controlled Substances Act (21 U.S.C. 845a) as 
Ante, p. 4827. 
redesignated by this Act, is amended— 
V 
(1) in subsection (a) by— 
- 
" 
(A) striking "playground,"; and 
(B) inserting "or a playground," after "university,"; and 
(2) in subsection Qo) by— 
(A) striking "playground,"; and 
(B) inserting or a playground," after "university,". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4837 
SEC. 1503. STRENGTHENING OF DRUG-FREE SCHOOL ZONES. 
(a) GENERAL AUTHORITY.—Paragraph (8) of section 5122(a) of the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3192(a)) 
is amended by striking the period and inserting the following: ", 
which shall include— 
"(A) the determination, with the assistance of municipal 
authorities and local law enforcement agencies, as appro-
priate, of the geographical boundaries of schools within the 
State and the posting of signs identifying school properties 
^ 
as drug-free school zones; 
f 
"(B) drug-abuse education and prevention programs and 
enforcement policies designed to eliminate the illicit use of 
alcohol and drugs in such zones; 
"(C) assisting teachers, administrators, athletic directors, 
and other school personnel in cooperating fully with law 
enforcement officials to punish violations of laws relating to 
illegal drugs; 
"(D) informing the community— 
"(i) of the content and intent of laws relating to 
school safety and laws relating to illegal drugs as they 
t 
affect schoolchildren; gind 
"(ii) of the perimeters of the drug-free school zones; 
"(E) emplo)dng the services of the local or substate re-
gional advisory council on drug abuse education and 
prevention established or designated by the local applica-
tion submitted under section 5126(a) as a resource for 
advice and support with respect to implementation of such 
zones; and 
v 
"(F) communication to students, teachers, athletic direc-
tors, £uid other school personnel by administrators that 
^ 
activities that are illicit and harmful to the health and well-
being of the students will not be tolerated within schools 
- 
' 
and their surrounding environments.". 
(b) CONFORMING AMENDMENT.—Subsection (a) of section 5137 of 
the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3217) 
is amended by inserting before the period at the end of the first 
sentence the following: BS, described in section 5122(aX8)". 
SEC. 1504. DRUG ABUSE RESISTANCE EDUCATION AND REPLICATION OF 
SUCCESSFUL DRUG EDUCATION PROGRAMS. 
Section 5122 of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3192) is amended— 
(1) in subsection (a), by striking "50 percent" and inserting 
"42.5 percent"; 
(2) in paragraph (1) of subsection (b), by striking "50 percent" 
and inserting "42.5 percent"; and 
(3) by adding at the end the following: 
"(c) DRUG ABUSE RESISTANCE EDUCATION PROGRAMS.—(1) Not less 
than 10 percent of the funds available for each fiscal year under 
section 5121(a) to the chief executive officer of a State shall be used 
for grants to local educational agencies in consortium with entities 
which have experience in assisting school districts to provide 
instruction to students grades kindergarten through 6 to recognize 
and resist pressures that influence such students to use controlled 
substances, as defined in Schedules I and II of section 202 of the 
Controlled Substances Act the possession or distribution of which is 
unlawful under such Act, or beverage alcohol, such as Project Drug 
104 STAT. 4838 
PUBLIC LAW 101-647—NOV. 29, 1990 
Abuse Resistance Education, that meet the requirements of para-
graph (2). 
"(2) A local educational agency in consortium with an entity shall 
not be eligible for a grant under paragraph (1) unless such local 
educational agency in consortium with an entity will use assistance 
provided under such grant to provide or arrange for the provisions 
of services that shall include— 
"(A) drug abuse resistance education instruction for students 
grades kindergarten through 6 that is designed to teach stu-
dents to recognize and resist pressures to experiment that 
influence such children to use controlled substances, as defined 
under paragraph (1), or beverage alcohol, including instruction 
in the following areas— 
"(i) drug use and misuse; 
"(ii) understanding the consequences of drug abuse; 
"(iii) resistance techniques; 
"(iv) assertive response styles; 
"(v) managing stress without taking drugs; 
"(vi) decisionmaking and risk taking; 
"(vii) media influences on drug use; 
"(viii) positive alternatives to drug abuse behavior; 
"(ix) interpersonal and communication skills; 
"(x) self-esteem building activities; and 
"(xi) resistance to peer pressure and gang pressure; 
"(B) provisions for parental involvement; 
"(C) classroom instruction by uniformed law enforcement 
officials; 
"(D) the use of positive student leaders to influence younger 
students not to use drugs; 
"(E) an emphasis on activity-oriented techniques designed to 
encourage student-generated 
responses to 
problem-solving 
situations; and 
"(F) the awarding of a certificate of achievement to each 
student who participates in a drug abuse resistance education 
program. 
"(3) Amounts received under paragraph (1) by any local edu-
cational agency or entity shall be used only to supplement, not to 
supplant, the amount of Federal, State, and local funds expended for 
the support of projects of the t3T)e described in paragraph (2). 
"(d) REPUCATION OF SUCCESSFUL DRUG EDUCATION PROGRAMS.— 
Not less than 5 percent of the funds available for each fiscal year 
under section 5121(a) to the chief executive officer of a State shall be 
used for grants to local educational agencies or consortia of local 
educational sigencies and private nonprofit entities to provide drug 
abuse education, prevention, or counseling services to students in 
kindergarten through grade 12. 
"(e) EuGiBiUTY.—A local educational agency or consortium de-
scribed in subsection (a) shall not be eligible for a grant under this 
section unless such agency or consortium agrees— 
"(1) to use assistance provided under such grant to provide or 
arrange for the provision of programs offering drug abuse edu-
-
^ 
cation, prevention, or counseling to students of compulsory 
school age, including— 
"(A) programs to provide drug abuse counseling in the 
schools by trained personnel; 
"(B) programs that stress the use of peers to combat 
- 
student abuse of drugs and alcohol; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4839 
"(C) programs that stress parental and community 
involvement in combating student abuse of drugs and alco-
hol; and 
"(D) other appropriate programs; 
"(2) that programs provided with assistance under the grant 
shall be designed to prevent or eliminate student abuse of drugs 
or alcohol; 
"(3) to use assistance provided under the grant to expand or 
replicate a program that has a demonstrated record of success 
at either the State or local level in preventing or eliminating 
student abuse of drugs or alcohol; and 
"(4) to ensure that the program to be expanded or replicated 
is appropriate for the students to be served, based on an assess-
ment of their most important needs. 
"(f) APPUCATION.—A local educational agency or consortium de-
scribed in subsection (a) that desires to receive a grant under this 
section shall submit an application to the chief executive office of 
the State at such time, in such manner, and containing or accom-
panied by such information and assurances as such officer may 
reasonably require. Each such application shall contain— 
"(1) a discussion of why the particular program to be assisted 
under the grant is appropriate for and responds to the particu-
lar needs of the students to be served; 
"(2) a complete description of the success of the program to be 
assisted under the grant in reducing or eliminating drug or 
alcohol abuse among students of compulsory school age; 
"(3) an assurance that the consortium concerned will provide 
assistance, in cash or in kind, for the program assisted under 
the grant in an amount equal to not less than 10 percent of the 
amount provided under the grant; and 
"(4) an assurance that funds received under the grant shall be 
used to supplement, not supplant, the amount of other Federal, 
State, and local funds expended for support of programs of the 
type described in subsection (b).". 
SEC. 1505. SUPPORT OF SCHOOL-BASED RECREATIONAL ACTIVITIES. 
Section 5125(a) of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3195(a)) is amended— 
(1) by redesignating paragraph (14) as paragraph (16); 
(2) by redesignating paragraph (13) the second place it ap-
pears as paragraph (14); 
(3) by striking "and" at the end of paragraph (14) (as redesig-
nated by paragraph (2) of this section); and 
(4) by inserting after paragraph (14) the following: 
"(15) in the case of a local educational agency that determines 
that it provides sufficient drug and alcohol abuse education 
during regular school hours, after-school programs that provide 
drug and alcohol abuse education for school-aged children, 
including children who are unsupervised after school, and that 
may include school-sponsored sports, recreational, educational, 
or instructional activities (local educational agency may make 
grants or contracts with nonprofit community-based organiza-
tions that offer sports, recreation, education, or child care pro-
grams); and". 
9-194 O - 91 - 15 : QL 3 Part 6 
104 STAT. 4840 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 1506. SUPPORT OF SCHOOL-BASED DRUG ABUSE COUNSELING PRO-
GRAMS. 
(a) GENERAL AUTHORITY.—Part C of the Drug-Free Schools and 
Communities Act of 1986 (20 U.S.C. 3201) is amended to read as 
follows: 
"PART 
C—TRAINING 
OF 
TEACHERS, 
COUNSELORS, 
AND 
SCHOOL 
PERSONNEL 
20 use 3201. 
"SEC. 5128. GRANTS FOR TRAINING OF TEACHERS. 
"(a) IN GENERAL.—From amounts appropriated pursuant to the 
authorization contained in section 5111(aX2), the Secretary shall 
make grants to State educational agencies, local educationed agen-
cies, and institutions of higher education for teachers training pro-
grams in accordance with this section. 
"(b) USE OF FUNDS.—Amounts made available under grants under 
this section shall be used to establish, expand, or enhance programs 
and activities for the training of elementary and secondary school 
teachers and administrators, and other elementary and secondary 
school personnel concerning drug and alcohol abuse education and 
prevention. 
20 use 3202. 
"SEC. 5129. GRANTS FOR TRAINING OF COUNSELORS. 
"(a) IN GENERAL.— 
"(1) From amounts appropriated pursuant to the authoriza-
tion contained in section 5111(aX2), the Secretary shall give 
priority to making a substantial number of grants to qualified 
State educational agencies, local educational agencies, and 
institutions of higher education for programs to train coun-
selors, social workers, psychologists, or nurses in accordance 
with this section. 
"(2) The Secretary may also make a grant under this part to 
any private nonprofit agency that has an agreement with a 
local educational agency to provide training in drug abuse 
counseling for individuals who will provide such counseling in 
the schools of such local educational agency. 
"(b) USE OF FUNDS.—Amounts made available under grants under 
this section shall be used to establish, expand, or enhance programs 
and activities for the training of counselors, social workers, 
psychologists, or nurses who are providing or will provide drug 
abuse prevention, counseling, or referral services in elementary and 
secondary schools. 
20 use 3203. 
"SEC. 5130. APPLICATIONS. 
"(a) IN GENERAL.—Any State or local educational agency, institu-
tion of higher education, or consortium of such agencies or institu-
tions that desires to receive a grant under this part in any fiscal 
year submit an application to the Secretary at such time and in such 
manner as the Secretary may prescribe. 
"(b) CoNTENTS.^Each application submitted under this section 
shall— 
"(1) set forth the activities and programs to be carried out 
with funds paid under this part; 
"(2) contain an estimate of the cost for the establishment and 
operation to such activities and programs; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4841 
"(3) provide £issurances that the Federal funds made available 
under this section shall be used to supplement, and, to the 
extent practical, to increase the level of funds that would, in the 
absence of such Federal funds, be made available by the ap-
plicant for the purpose described in this part, and in no case to 
supplant such funds; 
"(4) provide assurances of compliance with this part; 
"(5) in the case of a grant under section 5129, contain a 
discussion of how the training to be Eissisted under the grant 
will assist the applicant to— 
"(A) increase the number of school personnel who are 
trained to provide drug abuse counseling services; and 
"(B) improve the quality of drug abuse counseling serv-
ices offered by the applicant or the local educational agency 
concerned; and 
"(6) include such other information and assurances as the 
Secretary reasonably determines to be necessary.", 
(b) AUTHORIZATION OF APPROPRIATIONS.—Subparagraph (A) of sec-
tion 5111(aX2) of the Drug-Free Schools and Communities Act of 
1986 (20 U.S.C. 3181(a)(2)) is amended by striking "$35,000,000" and 
inserting "$50,000,000". 
SEC. 1507. ADDITIONAL REQUIREMENTS FOR LOCAL APPLICATIONS. 
Section 5126(aX2) of the Drug-Free Schools and Communities Act 
of 1986 (20 U.S.C. 3196(a)(2)) is amended— 
(1) by redesignating subparagraphs (N) and (O) as subpara-
graphs (P) and (Q), respectively; and 
(2) by inserting after subparagraph (M) the following: 
"(N) describe how, to the extent practicable, assistance pro-
vided under the grant will be used to provide drug abuse 
counseling services to children of all ages, including students in 
the elementary schools; 
"(O) describe how, to the extent practicable, activities assisted 
under the grant will be coordinated with local law enforcement 
agencies in order to improve security on school grounds and in 
the surrounding community and to educate students about— 
"(i) the dangers of drug use and drug-related violence; 
"(ii) the penalties for possession of or trafficking in illegal 
drugs; 
"(iii) techniques for resisting drug abuse; and 
"(iv) the importance of cooperating with law enforcement 
officials in eliminating drug abuse and identifying individ-
uals who supply drugs to students;". 
SEC. 1508. IDENTIFICATION OF FEDERALLY ASSISTED PROGRAMS. 
Part G of the Drug-Free Schools and (Hommunities Act of 1986 (20 
U.S.C. 3231 et seq.) is amended by adding at the end the following: 
"SEC. 5193. IDENTIFICATION OF FEDERALLY ASSISTED PROGRAMS. 
20 USC 3233. 
"Every local recipient of funds under this title shall, in any 
publication or public announcement, clearly identify any program 
assisted under this title as a Federal program funded under the 
Drug-Free Schools and Communities Act of 1986.". 
104 STAT. 4842 
PUBLIC LAW 101-647—NOV. 29,1990 
SEC. 1509. TECHNICAL AMENDMENTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of section 
2 of the Drug-Free Schools and Communities Act Amendments of 
20 use 3181. 
1989 is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by stri^ng paragraph (1) and inserting the following: 
"(1) in pars^aph (1), by inserting after "part C" the follow-
ing: "and section 5136"; and 
^'(2) in paragraph (2)— 
"(A) in subparagraph (A), by striking 'and $20,000,000' 
and all that follows and inserting the following: '$20,000,000 
for the fiscal year 1990, and $35,000,000 for each of the 
fiscal years 1991,1992, and 1993."; and 
"(B) in subparagraph (B), by striking '$230,000,000' and 
inserting '$215,000,000'; and". 
(b) RESERVATIONS AND STATE ALLOTMENTS.—Subsection (a) of sec-
tion 5112 of the Drug-Free Schools and Communities Act of 1986 (20 
U.S.C. 3182) is amended in the matter preceding par£igraph (1) by 
inserting ", from" after "subsection (c)". 
(c) RESPONSIBILITIES OP STATE EDUCATIONAL AGENCIES.— 
(1) (CORRECTION OF PUNCTUATION.—Section 5124(aX4XB) of the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 
3194(aX4XB)) is amended by striking the comma at the end of 
clause (ii) and inserting a period. 
(2) CORRECTION OF REFERENCE.—Section 7(2) of the Drug-Free 
20 use 3194. 
Schools and (Dommunities Act Amendments of 1989 is amended 
in subparagraph (A) by inserting "the first place it appears" 
before "the following". 
(d) FEDERAL ACTIYITIES.—Section 5132(b) of the Drug-Free Schools 
and Communities Act of 1986 (20 U.S.C. 3212) is amended by striking 
"and" at the end of paragraph (5). 
(e) EMERGENCY (JRANTS.—The heading for section 5136 of the 
Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3216) is 
amended to read as follows: 
"SEC. 5136. EMERGENCY GRANTS.". 
(f) CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION PRO-
GRAMS.—Section 22(b) of the Drug-Free Schools and Clommunities 
Act Amendments of 1989 is £miended— 
20 use 3224a. 
(1) in paragraph (1), by striking "Part D" and inserting "Part 
E";and 
20 use 3196. 
(2) in paragraph (2), by striking "5126(e)" and inserting 
"5126(a)". 
(g) DISSEMINATION OF INFORMATION AND TECHNICAL ASSISTANCE.— 
Section 18 of the Drug-Free Schools and (Dommunities Act Amend-
20 use 3224b. 
ments of 1989 is amended by striking "Part D" and inserting 
"PartE". 
TITLE XVI—MISCELLANEOUS 
SEC. 1601. ENLARGEMENT OF FORFEITURE AWARD AUTHORITY. 
Section 524(cXlXC) of title 28, United States Code, is amended by 
striking out "the pajmient of awards for information or assistance 
leading to civil or criminal forfeiture under the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 800 et 
seq.) or a criminal forfeiture under the Racketeer Infiuenced and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4843 
Corrupt Organizations statute (18 U.S.C. 1961 et seq.)" and inserting 
in lieu thereof "the pajnnent of awards for information or assistance 
leading to a civil or criminal forfeiture under any law enforced or 
administered by the Department of Justice.". 
SEC. 1602. AMENDMENT TO CLARIFY APPLICATION OF SENTENCING 
REFORM ACT TO ASSIMILATIVE CRIMES. 
Section 3551(a) of title 18, United States Code, is amended by 
inserting "including sections 13 and 1153 of this title," after "any 
Federal statute,". 
SEC. 1603. CONFORMING AMENDMENTS TO SUBSTITUTE A REFERENCE TO 
THE FDIC FOR THE NOW ABOLISHED FSLIC IN TWO BANKING 
OFFENSES. 
Sections 657 and 1006 of title 18, United States Code, are each 
amended by striking out "the Federal Savings and Loan Insurance 
Corporation" and inserting in lieu thereof "the Federal Deposit 
Insurance Corporation". 
SEC. 1604. CLARIFICATION OF APPLICABILITY OF 18 U.S.C. 1952 TO ALL 
MAILINGS IN FURTHERANCE OF UNLAWFUL ACTIVITY. 
Section 1952(a) of title 18, United States Code, is amended— 
(1) by inserting "the mail or" after "uses"; and 
(2) by striking out "including the mail,". 
SEC. 1605. ARREST OF FUGITIVE ABOUT TO ENTER UNITED STATES. 
Section 3184 of title 18, United States Code, is amended by insert-
ing "or, if there is reason to believe the person will shortly enter the 
United States" after "if the whereabouts within the United States of 
the person charged are not known". 
SEC. 1606. CORRECTION TO REFERENCE TO NONEXISTENT AGENCIES IN 
18 U.S.C. 1114. 
Section 1114 of title 18, United States Code, is amended— 
(1) by striking "secret service" and inserting "Secret Service"; 
(2) by striking "any officer or employee of the Department of 
Health, Education, and Welfare," and inserting "any officer or 
employee of the Department of Education, the Department of 
Health and Human Services,"; and 
(3) by striking "the Federal Savings and Loan Insurance 
Corporation,". 
TITLE XVII—GENERAL PROVISIONS 
SEC. 1701. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITU-
TIONS. 
Section 4013 of title 18, United States Code, is amended by adding 
at the end thereof the following new subsection: 
"(b)(1) The United States Marshals Service may designate districts 
that need additional support from private detention entities under 
subsection (a)(3) based on— 
"(A) the number of Federal detainees in the district; and 
"(B) the availability of appropriate Federal, State, and local 
government detention facilities. 
"(2) In order to be eligible for a contract for the housing, care, and 
security of persons held in custody of the United States Marshals 
104 STAT. 4844 
PUBLIC LAW 101-647—NOV. 29, 1990 
pursuant to Federal law and funding under subsection (a)(3), a 
private entity shall— 
"(A) be located in a district that has been designated as 
needing additional Federal detention facilities pursuant to para-
graph (1); 
"(B) meet the standards of the American Correctional 
Association; 
"(C) comply with all applicable State and local laws and 
regulations; 
'(D) have approved fire, security, escape, and riot plans; and 
"(E) comply with any other regulations that the Marshals 
Service deems appropriate. 
"(3) The United States Marshals Service shall provide an oppor-
tunity for public comment on a contract under subsection (aX3).". 
Gun-Free School 
SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990. 
1990. 
(a) SHORT TITLE.—This section may be cited as the "Gun-Free 
18 use 921 note. School Zones Act of 1990". 
(b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM 
IN A SCHOOL ZONE.— 
(1) IN GENERAL.—Section 922 of title 18, United States Code, is 
amended by adding at the end the following new subsection: 
"(qXlXA) It shall be unlawful for any individual knowingly to 
possess a firearm at a place that the individual knows, or has 
reasonable cause to believe, is a school zone. 
"(B) Subparagraph (A) shall not apply to the possession of a 
firearm— 
"(i) on private property not part of school grounds; 
"(ii) if the individual possessing the firearm is licensed to do 
so by the State in which the school zone is located or a political 
subdivision of the State, and the law of the State or political 
subdivision requires that, before an individual obtain such a 
license, the law enforcement authorities of the State or political 
subdivision verify that the individual is qualified under law to 
receive the license; 
"(iii) which is— 
"(I) not loaded; and 
"(II) in a locked container, or a locked firearms rack 
which is on a motor vehicle; 
"(iv) by an individual for use in a program approved by a 
school in the school zone; 
"(v) by an individual in accordance with a contract entered 
into between a school in the school zone and the individual or 
an employer of the individual; 
"(vi) by a law enforcement officer acting in his or her official 
capacity; or 
(vii) that is unloaded and is possessed by an individual while 
traversing school premises for the purpose of gaining access to 
public or private lands open to hunting, if the entry on school 
premises is authorized by school authorities. 
"(2XA) Except as provided in subparagraph (B), it shall be unlaw-
ful for any person, knowingly or with reckless disregard for the 
safety of another, to discharge or attempt to discharge a firearm at a 
place that the person knows is a school zone. 
"(B) Subparagraph (A) shall not apply to the discharge of a 
firearm— 
"(i) on private property not part of school grounds; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4845 
"(ii) as part of a program approved by a school in the school 
zone, by an individual who is participating in the program; 
"(iii) by an individual in accordance with a contract entered 
into between a school in a school zone and the individual or an 
employer of the individual; or 
"(iv) by a law enforcement officer acting in his or her official 
capacity. 
"(3) Nothing in this subsection shall be construed as preempting 
or preventing a State or local government from enacting a statute 
establishing gun-free school zones as provided in this subsection.". 
(2) DEFINITIONS.—Section 921(a) of such title is amended by 
adding at the end thereof the following new paragraphs: 
"(25) The term 'school zone' means— 
"(A) in, or on the grounds of, a public, parochial or 
private school; or 
"(B) within a distance of 1,000 feet from the grounds of a 
public, parochial or private school. 
"(26) The term 'school' means a school which provides ele-
mentary or secondary education, as determined under State 
law. 
"(27) The term 'motor vehicle' has the meaning given such 
term in section 10102 of title 49, United States Code.". 
(3) PENALTY.—Section 924(a) of such title is amended by 
adding at the end thereof the following new paragraph: 
"(4) Whoever violates section 922(q) shall be fined not more than 
$5,000, imprisoned for not more than 5 years, or both. Notwithstand-
ing any other provision of law, the term of imprisonment imposed 
under this paragraph shall not run concurrently with any other 
term of imprisonment imposed under any other provision of law. 
Except for the authorization of a term of imprisonment of not more 
than 5 years made in this paragraph, for the purpose of any other 
law a violation of section 922(q) shall be deemed to be a mis-
demeanor.". 
(4) EFFECTIVE DATE.—The amendments made by this section 18 USC 921 note, 
shall apply to conduct engaged in after the end of the 60-day 
period beginning on the date of the enactment of this Act. 
(5) GUN-FREE ZONE SIGNS.—Federal, State, and local authori- 18 USC 922 note, 
ties are encouraged to cause signs to be posted around school 
zones giving warning of prohibition of the possession of firearms 
in a school zone. 
SEC. 1703. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS. 
(a) REPORT.—Not less than six months after the date of enactment 
of this Act, the United States Sentencing Commission shall transmit 
to the respective Judiciary Committees of the Senate and House of 
Representatives a report on mandatory minimum sentencing provi-
sions in Federal law. 
(b) COMPONENTS OF REPORT.—The report mandated by subsection 
(a) shall include: 
(1) a compilation of all mandatory minimum sentencing provi-
sions in Federal law; 
(2) an assessment of the effect of mandatory minimum 
sentencing provisions on the goal of eliminating unwarranted 
sentencing disparity; 
(3) a projection of the impact of mandatory minimum sentenc-
ing provisions on the Federal prison population; 
104 STAT. 4846 
PUBLIC LAW 101-647—NOV. 29, 1990 
(4) an assessment of the compatibility of mandatory minimum 
sentencing provisions and the sentencing guidelines system 
established by the Sentencing Reform Act of 1984; 
(5) a description of the interaction between mandatory mini-
mum sentencing provisions and plea agreements; 
(6) a detailed empirical research study of the effect of msmda-
tory minimum penalties in the Federal system; 
(7) a discussion of mechanisms other than mandatory mini-
mum sentencing laws by which Congress can express itself with 
respect to sentencing policy, such as: 
(A) specific statutory instructions to the Sentencing 
Commission; 
(B) general statutory instructions to the Sentencing 
Commission; 
(C) increasing or decreasing the maximum sentence au-
thorized for particular crimes; 
(D) Sense of Congress resolutions; and 
(8) any other information that the Commission would contrib-
ute to a thorough assessment of mandatory minimum sentenc-
ing provisions. 
(c) AMENDMENT OF REPORT.—The Commission may amend or 
update the report mandated by subsection (a) at any time after its 
transmittal. 
45 use 446. 
SEC. 1704. RAILROAD POLICE OFFICERS. 
A railroad police officer who is employed by a rail carrier and 
certified or commissioned as a police officer under the laws of any 
State shall, in accordance with regulations issued by the Secretary 
of Transportation, be authorized to enforce the laws of any jurisdic-
tion in which the rail carrier owns property, for the purpose of 
protecting— 
(1) the employees, passengers, or patrons of the rail carrier; 
(2) the property, equipment, and facilities owned, leased, oper-
ated, or maintained by the rail carrier; 
(3) property moving in interstate or foreign commerce in the 
possession of the rail carrier; and 
(4) personnel, equipment, and materials moving via railroad 
that are vital to the national defense, to the extent of the 
authority of a police officer properly certified or commissioned 
under the laws of that jurisdiction. 
TITLE XVIII—CORRECTIONAL OPTIONS 
INCENTIVES AMENDMENTS 
SEC. 1801. CORRECTIONAL OPTIONS GRANTS. 
(a) AUTHORITY TO MAKE GRANTS.—Subpart 2 of part E of title I of 
the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3760 et 
seq.) is amended— 
(1) by inserting after the heading relating to subpart 2 the 
following: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4847 
•CHAPTER A—GRANTS TO PUBLIC AND PRIVATE 
ENTITIES". 
(2) in section 510 by striking "subpart" each place it appears 42 USC 3760. 
and inserting "chapter", 
(3) in section 511— 
42 USC 3761. 
(A) in the heading by striking "DISCRETIONARY", and 
(B) by inserting "(other than chapter B of this subpart)" 
after "this part", 
(4) in section 513— 
42 USC 3763. 
(A) in subsection (aXl) by inserting "or 515" after "511", 
and 
(B) in subsection 0)) by inserting "applicable" after "all 
the" each place it appears, 
(5) in section 514(2) by striking "public agency or private 42 USC 3764. 
nonprofit organization within which the program or project has 
been conducted" and inserting "applicant that conducts such 
program or project", 
(6) by redesignating sections 513 and 514 as sections 517 and 
518, respectively, and 
(7) by inserting after section 512 the following: 
"CHAPTER B—GRANTS TO PUBLIC AGENCIES 
CORRECTIONAL OPTIONS GRANTS 
"SEC. 515. (a) The Director, in consultation with the Director of 42 USC 3762a. 
the National Institute of Corrections, may make— 
"(1) 4 grants in each fiscal year, in various geographical areas 
throughout the United States, to public agencies for correc-
tional options (including the cost of construction) that provide 
alternatives to traditional modes of incarceration and offender 
release programs— 
"(A) to provide more appropriate intervention for youth- Juvenile 
ful offenders who are not career criminals, but who, with- delinquency, 
out such intervention, are likely to become career criminals 
or more serious offenders; 
"(B) to provide a degree of security and discipline appro-
priate for the offender involved; 
"(C) to provide diagnosis, and treatment and services 
(including counseling, substance abuse treatment, edu-
cation, job training and placement assistance while under 
correctional supervision, and linkage to similar outside 
services), to increase the success rate of offenders who 
decide to pursue a course of lawful and productive conduct 
after release from legal restraint; 
"(D) to reduce criminal recidivism by offenders who re-
ceive punishment through such alternatives; 
"(E) to reduce the cost of correctional services and facili-
ties by reducing criminal recidivism; and 
"(F) to provide work that promotes development of indus-
trial and service skills in connection with a correctional 
option; 
"(2) grants to private nonprofit organizations— 
"(A) for any of the purposes specified in subparagraphs 
(A) through (F) of paragraph (1); 
104 STAT. 4848 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(B) to undertake educationsd and training pr(^rams for 
criminal justice personnel; 
"(C) to provide technical assistance to States and local 
units of government; and 
"(D) to carry out demonstration projects which, in view of 
previous research or experience, are likely to be a success in 
more than one jurisdiction; 
in connection with a correctional option (excluding the cost of 
construction); and 
"(3) grants to public agencies to establish, operate, and sup-
port boot camp prisons. 
"(b) The selection of applicants to receive grants under subsection 
(aXl) and (2) shall be based on their potential for developing or 
testing various innovative alternatives to traditional modes of incar-
ceration and offender release programs. In selecting the applicants 
to receive grants under subsection (aX3), the Director shall— 
"(1) consider the overall quality of an applicant's shock incar-
ceration program, including the existence of substance abuse 
treatment, drug testing, counseling literacy education, voca-
tional education, and job training programs during incarcer-
ation or after release; and 
"(2) give priority to States that clearly demonstrate that the 
capacity of their correctional facilities is inadequate to 
accommodate the number of individuals who are convicted of 
offenses punishable by a term of imprisonment exceeding 1 
year. 
"(c) The Director shall consult with the Commission on Alter-
native Utilization of Military Facilities created by Public Law 
100-456 in order to identify military facilities that may be used as 
sites for correctional programs receiving assistance under this 
chapter. 
"ALLOCATION OF FUNDS; ADMINISTRATIVE PROVISIONS 
42 use 3762b. 
"SEC. 516. (a) Of the total amount appropriated for this chapter in 
any fiscal year, 80 percent shall be used to make grants under 
section 515(aXl), 10 percent for section 515(aX2), and 10 percent for 
section 515(aX3). 
"(b) A grant made under section 515(aXl) or (aX3) may be made for 
an amount up to 75 percent of the cost of the correctional option 
contained in the approved application. 
"(c) The Director shall— 
Regulations. 
"(1) not later than 90 days after funds are first appropriated 
to carry out this chapter, issue rules to carry out this chapter; 
and 
"(2) not later than 180 days after funds are first appropriated 
to carnr out this chapter— 
Reports. 
(A) submit to the Speaker of the House of Representa-
tives and the President pro tempore of the Senate, a report 
describing such rules; and 
"(B) request applications for grants under this chapter. 
"CHAPTER C—GENERAL REQUIREMENTS". 
(b) EVALUATION.—Section 520(aX2) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3766(aX2)) is amended 
by striking "section 511" and inserting "sections 511 and 515". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4849 
(c) DEFINITION.—Section 901(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended— 
(1) in paragraph (20) by striking "and" at the end, 
(2) in paragraph (21) by striking the period at the end, and 
(3) by adding at the end the following: 
"(22) 'correctional option' includes community-based incar-
ceration, weekend incarceration, boot camp prison, electronic 
monitoring of offenders, intensive probation, and any other 
innovative punishment designed to have the greatest impact on 
offenders who can be punished more effectively in an environ-
ment other than a traditional correctional facility; and 
"(23) 'boot camp prison' includes a correctional facility in 
which inmates are required to participate in a highly 
regimented program that provides strict discipline, physical 
training, and hard labor, together with extensive rehabilitative 
activities and with educational, job training, and drug treat-
ment support.". 
(d) TECHNICAL AMENDMENTS.—The table of contents of title I of 
the Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended— 
(1) by inserting after the heading relating to subpart 2 of part 
E the following: 
"Chapter A—Grants to Public and Private Entities", 
(2) in the item relating to section 511 by striking "discre-
tionary", and 
(3) by striking the items relating to sections 513 and 514, and 
inserting the following: 
"CHAPTER B—GRANTS TO PUBUC AGENCIES 
"Sec. 515. Correctional options grants. 
< 
"Sec. 516. Allocation of funds; administrative provisions. 
"CHAPTER C—GENERAL REQUIREMENTS 
"Sec. 517. Application requirements. 
"Sec. 518. Period of award.". 
(e) CONFORMING AMENDMENTS.—Section 1001(a) of title I of the 
Omnibus Crime and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is 
amended by inserting after paragraph (5) the following: 
"(6) There are authorized to be appropriated $220,000,000 for fiscal Appropriation 
year 1991 and such sums as may be necessary for fiscal year 1992 to authorization, 
carry out chapter B of subpart 2 of part E of this title.". 
SEC. 1802. CONVEYANCE OF PROPERTY AND FACILITIES AT MILITARY 
INSTALLATIONS. 
(a) IN GENERAL.—Chapter 159 of title 10, United States Code, is 
amended by adding at the end the following: 
"§ 2693. Conveyance of certain property 
"(a) Except as provided in subsection (b), before any real property 
or facility of the United States that is under the jurisdiction of any 
department, agency, or instrumentality of the Department of De-
fense is determined to be excess to the needs of such department, 
agency, or instrumentality, the Secretary shall— 
"(1) provide adequate notification of the availability of such 
real property or facility within the Department of Defense; 
104 STAT. 4850 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(2) if the real property or facility remains available after 
such notification, notify the Attorney Greneral of its availability; 
and 
"(3) if the Attorney Greneral certifies that a determination has 
been made by the Director of the Bureau of Justice Assistance 
within the Department of Justice to utilize the real property or 
facility under the correctional options program carried out 
under section 515 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, convey the real property or facility, 
without reimbursement, to the public agencies referred to in 
section 515(aXl) or 515(aX3) of title I of such Act for such 
utilization. 
"(b) The provisions of this section shall not apply— 
"(1) to real property and facilities to which title II of the 
Defense Authorization Amendments and Base Closure and Re-
alignment Act (Public Law 100-526) is applicable; and 
' (2) during any portion of a fiscal year after four conveyances 
have been made under this section in such fiscal year.", 
(b) CLERICAL AMENDMENT,—The table of sections at the beginning 
of such chapter is amended by adding at the end the following: 
"2693. Conveyance of certain property.". 
SEC. 1803. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS. 
(a) AMENDMENT.—Subpart 1 of part E of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
amended by adding at the end the following: 
"IMPROVEMENT OF CRIMINAL JUSTICE RECORDS 
42 use 3759. 
"SEC. 509. (a) Subject to subsection (d), each State which receives 
funds under section 506 in a fiscal year shall allocate not less than 5 
percent of such funds to the improvement of criminal justice 
records. 
"(b) The improvement referred to in subsection (a) shall include— 
"(1) the completion of criminal histories to include the final 
dispositions of all arrests for felony offenses; 
(2) the full automation of all criminal justice histories and 
fingerprint records; and 
Reports. 
(S) the frequency and quality of criminal history reports to 
the Federal Bureau of Investigation. 
"(c) The Director, in consultation with the Director of the Bureau 
of Justice Statistics, shall establish guidelines for the fulfillment of 
the requirements specified in subsections (a) and (b) of this section. 
"(d) In accordance with such guidelines as the Director shall issue 
and on the request of a State, the Director may— 
"(1) waive compliance with subsection (a) by such State; or 
"(2) authorize such State to reduce the minimum amount 
such State is required to allocate under subsection (a); 
if the Director, in the discretion of the Director, finds that the 
quality of the State's criminal justice records does not warrant 
expending the amount allocated under subsection (a).". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 
et seq.) is amended by inserting after the item relating to section 508 
the following: 
"Sec. 509. Improvement of criminal justice records.". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4851 
(c) APPUCATION OF AMENDMENTS.—The amendments made by this 42 USC 3759 
section shall not apply with respect to any fiscal year beginning ^° " 
before the date of the enactment of this Act. 
SEC. 1804. TESTING 
CERTAIN 
SEX 
OFFENDERS 
FOR 
H
U
M
A
N 
IMMUNODEFICIENCY VIRUS. 
Section 506 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756) is amended— 
(1) in subsection (aXD by striking "subsection (e)" and insert-
ing "subsections (e) and (f)", 
(2) by redesignating subsection (f) as subsection (g), and 
(3) by inserting after subsection (e) the following: 
"(f)(1) For any fiscal year beginning more than 2 years after the 
effective date of this subsection— 
"(A) 90 percent of the funds allocated under subsection (a), 
taking into consideration subsection (e) but without regard to 
this subsection, to a State described in paragraph (2) shall be 
distributed by the Director to such State; and 
"(B) 10 percent of such amount shall be allocated equally 
among States that are not affected by the operation of subpara-
graph (A). 
"(2) Paragraph (1)(A) refers to a State that does not have in effect, 
and does not enforce, in such fiscal year, a law that requires the 
State at the request of the victim of a sexual act— 
"(A) to administer, to the defendant convicted under State 
law of such sexual act, a test to detect in such defendant the 
presence of the etiologic agent for acquired immune deficiency 
syndrome; 
"(B) to disclose the results of such test to such defendant and 
to the victim of such sexual act; and 
"(C) to provide to the victim of such sexual act counseling 
regarding HIV disease, HIV testing, in accordance with ap-
plicable law, and referral for appropriate health care and sup-
port services. 
"(3) For purposes of this subsection— 
"(A) the term 'convicted' includes adjudicated under juvenile 
proceedings; and 
"(B) the term 'sexual act' has the meaning given such term in 
subparagraph (A) or (B) of section 2245(1) of title 18, United 
States Code.". 
TITLE XIX-ANABOLIC STEROIDS 
I^JS'rcontroi 
CONTROL ACT OF 1990 
Actofi99o 
SEC. 1901. SHORT TITLE. 
This Act may be cited as the "Anabolic Steroids Control Act of 21USC 801 note. 
1990". 
SEC. 1902. ANABOLIC STEROID PENALTIES. 
(a) ADDITION OF ANABOLIC STEROIDS TO SCHEDULE III.—Schedule III 
of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is 
amended by adding at the end the following: 
"(e) Anabolic steroids.". 
104 STAT. 4852 
PUBLIC LAW 101-647—NOV. 29, 1990 
21 u s e 829 note. 
21 u s e 802 note. 
(b) DEFINITION OF ANABOUC STEROID.—Section 102 of the C!on-
trolled Substances Act (21 U.S.C. 802) is amended by adding at the 
end the following: 
"(41XA) The term 'anabolic steroid' means any drug or hor-
monal substance, chemically and pharmacologically related to 
testosterone 
(other 
than 
estrogens, 
progestins, 
and 
corticosteroids) that promotes muscle growth, and includes— 
*(i) boldenone, 
'(ii) chlorotestosterone, 
*(iii) clostebol, 
'(iv) dehydrochlormethyltestosterone, 
*(v) dihydrotestosterone, 
'(vi) drostanolone, 
'(vii) ethylestrenol, 
'(viii) fluoxymesterone, 
'(ix) formebulone, 
'(x) mesterolone, 
*(xi) methandienone, 
'(xii) methandranone, 
'(xiii) methandriol, 
'(xiv) methandrostenolone, 
'(xv) methenolone, 
'(xvi) methyltestosterone, 
'(xvii) mibolerone, 
'(xviii) nandrolone, 
'(xix) norethandrolone, 
'(xx) oxandrolone, 
'(xxi) oxymesterone, 
'(xxii) oxymetholone, 
'(xxiii) stanolone, 
'(xxiv) stanozolol, 
'(xxv) testolactone, 
'(xxvi) testosterone, 
'(xxvii) trenbolone, and 
'(xxviii) any salt, ester, or isomer of a drug or substance 
described or listed in this paragraph, if that salt, ester, or 
isomer promotes muscle growth. 
"(BXi) Except as provided in clause (ii), such term does not 
include an smabolic steroid which is expressly intended for 
administration through implants to cattle or other nonhuman 
species and which has been approved by the Secretary of Health 
and Human Services for such administration. 
"(ii) If any person prescribes, dispenses, or distributes such 
steroid for human use, such person shall be considered to have 
prescribed, dispensed, or distributed an anabolic steroid within 
the meaning of subparagraph (A).". 
(c) EFFECT OF SCHEDUUNG ON PRESCRIPTIONS.—Any prescription 
for anabolic steroids subject to refill on or after the date of enact-
ment of the amendments made by this section may be refilled 
without restriction under section 309(a) of the Controlled Substances 
Act (21 U.S.C. 829(a)). 
(d) EFFECTIVE DATE.—This section and the amendment made by 
this section shall take effect 90 days after the date of enactment of 
this Act. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4853 
SEC. 1903. REGULATIONS BY ATTORNEY GENERAL. 
21 USC 802 note. 
(a) ABUSE POTENTIAL.—The Attorney General, upon the rec-
ommendation of the Secretary of Health and Human Services, may, 
by regulation, exempt any compound, mixture, or preparation 
containing a substance in paragraph (41) of section 102 of the 
Controlled Substances Act (as added by section 2 of this Act) from 
the application of all or any part of the Controlled Substances Act if, 
because of its concentration, preparation, mixture or delivery 
y-
system, it has no significant potential for abuse. 
(b) DRUGS FOR TREATMENT OF RARE DISEASES.—If the Attorney 
General finds that a drug listed in paragraph (41) of section 102 of 
the Controlled Substances Act (as added by section 2 of this Act) is— 
(1) approved by the Food and Drug Administration £is an 
accepted treatment for a rare disease or condition, as defined in 
section 526 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 360bb); and 
(2) does not have a significant potential for abuse, the Attor-
ney General may exempt such drug from any production regula-
tions otherwise issued under the Controlled Substances Act as 
may be necessary to ensure adequate supplies of such drug for 
medical purposes. 
(c) DATE OF ISSUANCE OF REGULATIONS.—The Attorney General 
shall issue regulations implementing this section not later than 45 
days after the date of enactment of this Act, except that the 
regulations required under section 3(a) shall be issued not later than \ 
180 days after the date of enactment of this Act. 
SEC. 1904. AMENDMENT TO THE FOOD, DRUG, AND COSMETIC ACT. 
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
333) is amended by inserting a new subsection (e) as follows: 
"(e)(1) Except as provided in paragraph (2), whoever knowingly 
distributes, or possesses with intent to distribute, human growth 
hormone for any use in humans other than the treatment of a 
disease or other recognized medical condition, where such use has 
been authorized by the Secretary of Health and Human Services 
under section 505 and pursuant to the order of a physician, is guilty 
of an offense punishable by not more than 5 years in prison, such 
fines as are authorized by title 18, United States Code, or both. 
"(2) Whoever commits any offense set forth in paragraph (1) and 
such offense involves an individual under 18 years of age is punish-
able by not more than 10 years imprisonment, such fines as are 
authorized by title 18, United States Code, or both. 
"(3) Any conviction for a violation of paragraphs (1) and (2) of this 
subsection shall be considered a felony violation of the Controlled 
Substances Act for the purposes of forfeiture under section 413 of 
such Act. 
"(4) As used in this subsection the term 'human growth hormone' 
means somatrem, somatropin, or an anedogue of either of them. 
"(5) The Drug Enforcement Administration is authorized to inves-
tigate offenses punishable by this subsection.". 
SEC. 1905. CONVICTION FOR VIOLATION OF SECTION 303(e) OF THE FED-
ERAL FOOD, DRUG, AND COSMETIC ACT. 
Section 2401 of the Anti-Drug Abuse Act of 1988 (Public Law Repeal. 
100-690; 102 Stat. 4181) is repealed. 
21 USC 333a. 
104 STAT. 4854 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 
1906. DEMONSTRATION 
PROGRAMS 
REGARDING 
ANABOLIC 
STEROIDS. 
Section 508(b) of the Public Health Service Act (42 U.S.C. 
290aa-6(b)) is amended— 
(1) in paragraph (lOXB), by striking "and" after the semicolon 
at the end; 
(2) in paragraph (IIXB), by striking the period at the end and 
inserting "; and ; and 
(3) by adding at the end the following new paragraph: 
"(12) develop and support innovative demonstration programs 
designed to identify and deter the improper use or abuse of 
anabolic steroids by students, especially students in secondary 
schools.". 
SEC. 1907. CLERICAL CORRECTION. 
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended by inserting "(a)" before "It shall be unlawful" in the first 
undesignated paragraph. 
TITLE XX—ASSET FORFEITURE 
SEC. 2001. AMENDMENTS RELATING TO THE SPECIAL FORFEITURE FUND. 
(a) ASSETS FORFEITURE FUND AMENDMENT.—Section 524(c)(9) of 
title 28, United States Code, is amended— 
(1) in the first sentence, by striking out "(9) There" and 
inserting in lieu thereof "(9)(A) There"; and 
(2) by striking out the second sentence and inserting in lieu 
thereof the following: 
"(B) Subject to subparagraph (C), in each of fiscal years 1990,1991, 
1992, and 1993, the Attorney General may transfer from the Fund 
not more than $150,000,000 to the Special Forfeiture Fund estab-
lished by section 6073 of the Anti-Drug Abuse Act of 1988. Such 
transfers shall be made at the end of each quarter of the fiscal year 
involved and on a quarterly pro rata basis. 
"(C) Transfers under subparsigraph (B) may be made only from 
excess unobligated amounts and only to the extent that, as deter-
mined by the Attorney General, such transfers will not impair the 
future availability of amounts for the purposes under paragraph (1). 
"(D) At the end of each of fiscal years 1990, 1991, 1992, and 1993, 
the Attorney General may retain in the Fund not more than 
$15,000,000, or, if determined by the Attorney General to be nec-
essary for asset-specific expenses, a greater amount equal to not 
more than one-tenth of the total of obligations from the Fund in 
preceding fiscal year.". 
(b) SPECIAL FORFEITURE FUND AMENDMENT.—Section 6073(b) of the 
Anti-Drug Abuse Act of 1988 (21 U.S.C. 1509(b)) is amended to read 
as follows: 
"(b) DEPOSITS.—Deposits in the Fund shall be made by transfer 
from the Department of Justice Assets Forfeiture Fund in the 
manner provided in section 524(cX9) of title 28, United States Code.". 
SEC. 2002. CLARIFICATION OF ATTORNEY GENERAL'S AUTHORITY TO 
WARRANT CLEAR TITLE UPON TRANSFER OF FORFEITED 
PROPERTY. 
Section 524(c) of title 28, United States Code, is amended— 
(1) by redesignating pargigraph (10) as paragraph (11); and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4855 
(2) by inserting Eifter paragraph (9) the following new 
paragraph: 
"(10) Following the completion of procedures for the forfeiture of 
property pursuant to any law enforced or administered by the 
Department, the Attorney General is authorized, at his discretion, 
to warrant clear title to any subsequent purchaser or transferee of 
such forfeited property.". 
SEC. 2003. CLARIFICATION OF ATTORNEY GENERAL'S FORFEITURE SALE 
AUTHORITY. 
Section 511(e)(1)(B) of the Controlled Substances Act (21 U.S.C. 
881(e)(1)(B)) and section 2254(f)(2) of title 18, United States Code, are 
each amended by inserting after "sell" the following: ", by public 
sale or any other commercially feasible means,". 
SEC. 2004. FORFEITURE AND DESTRUCTION OF DANGEROUS, TOXIC, AND 
HAZARDOUS MATERIALS. 
Section 511(f) of the Controlled Substances Act (21 U.S.C. 881(f)) is 
amended by inserting after "this title" each place it appears the 
following: "; all dangerous, toxic, or hazardous raw materials or 
products subject to forfeiture under subsection (a)(2) of this section; 
and any equipment or container subject to forfeiture under subsec-
tion (aX2) or (3) which cannot be separated safely from such raw 
materials or products". 
SEC. 2005. ADDITIONAL FORFEITURE AWARD AUTHORITY. 
Section 524(c)(1)(C) of title 28, United States Code, is amended to 
read as follows: 
"(C) at the discretion of the Attorney General, the payment of 
awards for information or assistance leading to— 
"(i) a civil or criminal forfeiture under the (Controlled 
Substances Act or the C!ontroUed Substances Import and 
Export Act; 
"(ii) a criminal forfeiture under chapter 96 of title 18; 
"(iii) a civil forfeiture under section 981 of title 18; or 
"(iv) a criminal forfeiture under section 982 of title 18.". 
SEC. 2006. REPORT TO CONGRESS. 
Section 524(c)(6) of title 28, United States Code, is amended— 
(1) in the matter before subparagraph (A), by striking out 
"two"; 
(2) by striking out "and" at the end of subparagraph (A); 
(3) by striking out the period at the end of subparagraph (B) 
and inserting in lieu thereof "; and"; and 
(4) by adding at the end the following new subparagraph: 
"(C) a report for such fiscal year, containing audited financial 
statements, in the form prescribed by the Attorney Genersil, in 
consultation with the Comptroller (Jeneral, including profit and 
loss information with respect to forfeited property (by category), 
and financial information on forfeited property transactions (by 
type of disposition).". 
SEC. 2007. FORFEITURE OF DRUG PARAPHERNALIA. 
Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is 
amended by adding at the end the following new paragraph: 
"(10) Any drug paraphernalia (as defined in section 1822 of 
the Mail Order Drug Paraphernalia Control Act).". 
104 STAT. 4856 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 2008. FORFEITURE OF A FIREARM USED TO FACILITATE A DRUG 
OFFENSE. 
Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)) is 
amended by adding at the end the following new paragraph: 
"(11) Any firearm (as defined in section 921 of title 18, United 
States Code) used or intended to be used to facilitate the 
transportation, sale, receipt, possession, or concealment of prop-
erty described in paragraph (1) or (2) and any proceeds traceable 
to such property.". 
TITLE XXI—PERKINS GRANT EXPANSION 
SEC. 2101. POLICE RECRUITMENT EDUCATION PROGRAM. 
(a) AMENDMENT,—Section 465(a)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1087ee(a)(2)) is amended— 
(1) by striking "or" at the end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) and 
inserting "; or"; and 
(3) by adding at the end the following new subparagraph: 
"(F) as a full-time law enforcement officer or corrections 
officer for service to local. State, or Federal law enforce-
ment or corrections agencies.". 
(b) CONFORMING AMENDMENT.—Section 465(a)(3)(i) of such Act (20 
U.S.C. 1087ee(a)(3)(i)) is amended by striking "(A) or (C)" and insert-
ing "(A), (C), or (F)". 
20 u s e I087ee 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
°°*®- 
apply only to loans made on or after the date of enactment of this 
Act under part E of title IV of the Higher Education Act of 1965. 
TITLE XXII—FIREARMS PROVISIONS 
SEC. 2201. PROHIBITION AGAINST TRANSFERRING FIREARMS TO NON-
RESIDENTS. 
Section 922(aX5) of title 18, United States Code, is amended by 
striking "resides" the first place such term appears and all that 
follows through "(or other than that in which its place of business is 
located if the transferor is a corporation or other business entity);" 
and inserting "does not reside in (or if the person is a corporation or 
other business entity, does not maintain a place of business in) the 
State in which the transferor resides;". 
SEC. 2202. COMMERCE NEXUS FOR TRAFFICKING IN STOLEN FIREARMS. 
(a) IN GENERAL.—Section 922(j) of title 18, United States Code, is 
amended by striking "or which constitutes," and inserting "which 
constitutes, or which has been shipped or transported in,". 
(b) ALTERATION OF SERIAL NUMBER OF FIREARM.—Section 922(k) of 
title 18, United States Code, is amended by inserting "or to possess 
or receive any firearm which has had the importer's or manufactur-
er's serial number removed, obliterated, or altered and has, at any 
time, been shipped or transported in interstate or foreign com-
merce" after "altered". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4857 
SEC. 2203. TECHNICAL AMENDMENTS. 
(a) AMENDMENT TO SECTION 923(dXlXB).—Section 923(dXl)(B) of 
title 18, United States Code, is amended by striking "(h)" and 
inserting "(n)". 
(b) AMENDMENT TO SECTION 925(aXl).—Section 925(aXl) of title 18, 
United States Code, is amended by inserting "possession," before "or 
importation". 
(c) AMENDMENTS TO SECTION 925(C).—Section 925(c) of title 18, 
United States Code, is amended— 
(1) by striking "conviction" the first and third places such 
term appears and inserting "disability"; and 
(2) by striking "by reason of such a conviction". 
(d) AMENDMENTS TO SECTION 924(a).—Section 924(a) of title 18, 
United States Code, is amended by striking ", and shall become 
eligible for parole as the Parole Commission shall determine" each 
place such term appears. This amendment shall be effective with Effective date, 
respect to any offense committed after November 1,1987. 
18 USC 924 note. 
SEC. 2204. AMENDMENTS RELATING TO THE DOMESTIC ASSEMBLY OF 
NONIMPORTABLE FIREARMS. 
(a) SEMIAUTOMATIC RIFLE DEFINED.—Section 921(a) of title 18, 
United States Code, is amended by adding at the end the following: 
"(28) The term 'semiautomatic rifle' means any repeating rifle 
which utilizes a portion of the energy of a firing cartridge to extract 
the fired cartridge case and chamber the next round, and which 
requires a separate pull of the trigger to fire each cartridge.". 
(b) PROHIBITIONS.—Section 922 of title 18, United States Code, is 
amended by adding at the end the following: 
"(r) It shall be unlawful for any person to assemble from imported 
parts any semiautomatic rifle or any shot^n which is identical to 
any rifle or shotgun prohibited from importation under section 
925(dX3) of this chapter as not being particularly suitable for or 
readily adaptable to sporting purposes except that this subsection 
shall not apply to— 
"(1) the assembly of any such rifle or shotgun for sale or 
distribution by a licensed manufacturer to the United States or 
any department or agency thereof or to any State or any 
department, agency, or political subdivision thereof; or 
"(2) the assembly of any such rifle or shotgun for the purposes 
of testing or experimentation authorized by the Secretary.". 
(c) PENALTY.—Section 924(aXlXB) of title 18, United States Code, is 
amended by striking "or (k)" and inserting "(k), or (q)". 
SEC. 2205. PROHIBITION AGAINST POSSESSION OF FIREARMS IN FED-
ERAL COURT FACILITIES. 
(a) PROHIBITION.—Section 930 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by inserting "(other than a Federal court 
facility)" before the second comma; 
(2) by redesignating subsections (d), (e), and (f) as subsections 
(e), (f), and (g), respectively; 
(3) by inserting after subjection (c) the following: 
"(dXl) Except as provided in paragraph (2), whoever knowingly 
possesses or causes to be present a firearm in a Federed court 
facility, or attempts to do so, shall be fined under this title, impris-
oned not more than 2 years, or both. 
104 STAT. 4858 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(2) Paragraph (1) shall not apply to conduct which is described in 
paragraph (1) or (2) of subsection (c)."; 
(4) in subsection (f) (as so redesignated by paragraph (2) of this 
subsection), by adding at the end the following: 
"(3) The term 'Federal court facility' means the courtroom, 
judges' chambers, witness rooms, jury deliberation rooms, attor-
ney conference rooms, prisoner holding cells, offices of the court 
clerks, the United States attorney, and the United States mar-
shal, probation and parole offices, and adjoining corridors of any 
court of the United States."; and 
(5) in subsection (g) (as so redesignated by paragraph (2) of this 
subsection)— 
(A) by inserting "and notice of subsection (d) shall be 
posted conspicuously at each public entrance to each Fed-
eral court facility," after the first comma; 
(B) by inserting "or (d)" before "with respect to"; and 
(C) by inserting "or (d), as the case may be" before the 
period. 
18 use 930 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall apply to conduct engaged in after the date of the enactment of 
this Act. 
TITLE XXIII—CHEMICAL DIVERSION AND 
TRAFFICKING 
SEC. 2301. CHEMICAL DIVERSION AND TRAFFICKING. 
(a) NEW LISTED PRECURSOR CHEMICALS.—Section 102(34) of the 
Controlled Substances Act (21 U.S.C. 802(34)) is amended by adding 
at the end the following: 
"(M) Methylamine. 
"(N) Ethylamine. 
"(O) D-lysergic acid. 
"(P) Propionic anhydride. 
"(Q) Insosafrole. 
"(R) Safrole. 
"(S) Piperonal. 
"(T) N-Methylepherdrine. 
"(U) N-ethylephedrine. 
"(V) N-methylpseudoephedrine. 
"(W) N-ethylpseudoephedrine. 
"(X) Hydriotic acid. 
"(Y) Any salt, optical isomer, or salt of an optical isomer of 
the chemicals listed in subparagraphs (M) through (X) of this 
paragraph.". 
(b) CONFORMING REPEAL.—Section 102(35) of the Controlled Sub-
stances Act (21 U.S.C. 802(35)) is amended by striking subparagraph 
(E). 
TITLE XXIV—DRUG PARAPHERNALIA 
SEC. 2401. DRUG PARAPHERNALIA. 
(a) IN GENERAL.—The Controlled Substances Act is amended by 
adding at the end of part D the following: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4859 
DRUG PARAPHERNALIA 
"SEC. 422. (a) It is unlawful for any person— 
21USC 863. 
"(1) to sell or offer for sale drug paraphernalia; 
"(2) to use the mails or any other facility of interstate com-
merce to transport drug paraphernalia; or 
"(3) to import or export drug paraphernalia.". 
(b) TRANSFER OP REMAINING EXISTING PROVISIONS RELATING TO 21 use 857,863. 
DRUG PARAPHERNALIA.—Subsections (b) through (f) of section 1822 of 
the Anti-Drug Abuse Act of 1986 (21 U.S.C. 857) are transferred to 
appear as subsections (b) through (f) of the section 422 added to the 
Controlled Substances Act by this section. 
(c) TECHNICAL CORRECTIONS TO TRANSFERRED PROVISIONS.—The 21 use 863. 
provisions of law transferred by subsection (b) are amended— 
(1) in subsection (b), by striking "not more than $100,000" and 
inserting "under title 18, United States Code"; and 
(2) in subsection (f), by striking "This subtitle" and inserting 
"This section". 
(d) CONFORMING REPEAL.—Subtitle O of title I of the Anti-Drug 
Abuse Act of 1986 is repealed. 
21 USC 801 note, 
857 and note. 
TITLE XXV—BANKING LAW 
ENFORCEMENT 
SEC. 2500. SHORT TITLE. 
This title may be cited as the "Comprehensive Thrift and Bank 
Fraud Prosecution and Taxpayer Recovery Act of 1990". 
Comprehensive 
Thrift and Bank 
Fraud 
Prosecution and 
Taxpayer 
Recovery Act of 
1990. 
18 use 1001 
note. 
Subtitle A—Enhanced Criminal Penalties 
SEC. 2501. CONCEALMENT OF ASSETS FROM FDIC, RTC, OR NCUA ESTAB-
LISHED AS CRIMINAL OFFENSE. 
(a) IN GENERAL.—Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following new section: 
"§ 1032. Concealment of assets from conservator, receiver, or liq-
uidating agent of flnancial institution 
"Whoever— 
"(1) knowingly conceals or endeavors to conceal an asset or 
property from the Federal Deposit Insurance Corporation, 
acting as conservator or receiver or in the Corporation's cor-
porate capacity with respect to any asset acquired or liability 
assumed by the Corporation under section 11, 12, or 13, of the 
Federal Deposit Insurance Act, the Resolution Trust Corpora-
tion, any conservator appointed by the Comptroller of the Cur-
rency or the Director of the Office of Thrift Supervision, or the 
National Credit Union Administration Board, acting as con-
servator or liquidating agent; 
"(2) corruptly impedes or endeavors to impede the functions of 
such Corporation, Board, or conservator; or 
"(3) corruptly places or endeavors to place an asset or prop-
erty beyond the reach of such Corporation, Board, or 
conservator. 
104 STAT. 4860 
PUBLIC LAW 101-647—NOV. 29, 1990 
shall be fined under this title or imprisoned not more than 5 years, 
or both.". 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 47 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1031 the following new item: 
"1032. Concealment of assets from conservator, receiver, or liquidating agent of 
financial institution.". 
SEC. 2502. PROHIBITION ON CONTROL OF OR PARTICIPATION IN DEPOSI-
TORY INSTITUTION BY CERTAIN CONVICTED PERSONS. 
(a) FDIC INSURED DEPOSITORY INSTITUTIONS.—Section 19(a) of the 
Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended to read 
as follows: 
"(a) PROHIBITION.— 
"(1) IN GENERAL.—Except with the prior written consent of 
the Corporation— 
"(A) any person who has been convicted of any criminal 
offense involving dishonesty or a breach of trust, or has 
agreed to enter into a pretrial diversion or similar program 
in connection with a prosecution for such offense, may 
not— 
"(i) become, or continue as, an institution-affiliated 
party with respect to any insured depository institu-
tion; 
"(ii) own or control, directly or indirectly, any in-
sured depository institution; or 
"(iii) otherwise participate, directly or indirectly, in 
the conduct of the affairs of any insured depository 
institution; and 
"(B) any insured depository institution may not permit 
any person referred to in subparagraph (A) to engage in any 
conduct or continue any relationship prohibited under such 
subparagraph. 
"(2) 
MINIMUM 
IO-YEAR PROHIBITION PERIOD FOR CERTAIN 
OFFENSES.— 
"(A) IN GENERAL.—If the offense referred to in paragraph 
(1)(A) in connection with any person referred to in such 
paragraph is— 
"(i) an offense under— 
"(I) section 215, 656, 657, 1005, 1006, 1007, 1008, 
1014, 1032, 1344, or 1956 of title 18, United States 
Code; or 
"(II) section 1341 or 1343 of such title which 
affects any financial institution (as defined in sec-
tion 20 of such title); or 
"(ii) the offense of conspiring to commit any such 
offense, 
the Corporation may not consent to any exception to the 
application of paragraph (1) to such person during the 10-
year period beginning on the date the conviction or the 
agreement of the person becomes final. 
"(B) EXCEPTION BY ORDER OF SENTENCING COURT.— 
"(i) IN GENERAL.—On motion of the Corporation, the 
court in which the conviction or the agreement of a 
person referred to in subparagraph (A) has been en-
tered may grant an exception to the application of 
PUBLIC LAW 101-647—NOV. 29,1990 
104 STAT. 4861 
paragraph (1) to such person if granting the exception 
is in the interest of justice. 
"(ii) PERIOD FOR FILING.—A motion may be filed 
under clause (i) at any time during the 10-year period 
described in subparagraph (A) with regard to the 
person on whose behsdf such motion is made.". 
SEC. 2503. CRIME OF OBSTRUCTING AN EXAMINER. 
(a) IN GENERAL.—Chapter 73 of title 18, United States Code 
(relating to obstruction of justice) is amended by inserting after 
section 1516 the following new section: 
*'§ 1517. Obstructing examination of financial institution 
"Whoever corruptly obstructs or attempts to obstruct any exsun-
ination of a financial institution by an agency of the United States 
with jurisdiction to conduct an examination of such 
financial 
institution shall be fined under this title, imprisoned not more than 
5 years, or both.". 
0)) CLERICAL AMENDMENT.—The table of sections for chapter 73 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 1516 the following new item: 
"1517. Obstructing examination of financial institution.". 
SEC. 2504. INCREASING BANK FRAUD AND EMBEZZLEMENT PENALTIES. 
(a) RECEIPT OF COMMISSIONS OR GIFTS FOR PROCURING LOANS.— 
Section 215(a) of title 18, United States CJode, is amended by striking 
"20" and inserting "30". 
(b) THEFT, EMBEZZLEMENT, OR MISAPPUCATION BY BANK OFFICER 
O
R EMPLOYEE.—Section 656 of title 18, United States (Dode, is 
amended by striking "20" and inserting "30". 
(c) LENDING, CREDIT, AND INSURANCE INSTITUTIONS.—Section 657 of 
title 18, United States Code, is amended by striking "20" and 
inserting "30". 
(d) BANK ENTRIES, REPORTS, AND TRANSACTIONS.—Section 1005 of 
title 18, United States Code, is amended by striking "20" and 
inserting "30". 
(e) FEDERAL CREDIT INSTITUTION ENTRIES, REPORTS, AND TRANS-
ACTIONS.—Section 1006 of title 18, United States Code, is amended 
by striking "20" and inserting "30". 
(f) FEDERAL DEPOSIT INSURANCE CORPORATION TRANSACTIONS.— 
Section 1007 of title 18, United States Code, is amended by striking 
"20" and inserting "30". 
(g) FALSE STATEMENTS IN LOAN, CREDIT, AND CROP INSURANCE 
APPLICATIONS.—Section 1014 of title 18, United States Code, is 
amended by striking "20" and inserting "30". 
(h) FRAUDS AND SWINDLES AFFECTING FINANCIAL INSTITUTIONS.— 
The last sentence of section 1341 of title 18, United States Code, is 
amended by striking "20" and inserting "30". 
(i) WIRE FRAUDS AFFECTING FINANCIAL INSTITUTIONS.—The last 
sentence of section 1343 of title 18, United States Code, is amended 
by striking "20" and inserting "30". 
(j) BANK FRAUD.—Section 1344 of title 18, United States Code, is 
amended by striking "20" and inserting "30". 
104 STAT. 4862 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 2505. STATUTE OF LIMITATIONS FOR RICO OFFENSES INVOLVING 
FINANCIAL INSTITUTIONS. 
(a) IN GENERAL.—Section 3293 of title 18, United States Code, is 
amended— 
(1) by striking "or" at the end of paragraph (1); 
(2) by inserting "or" at the end of paragraph (2); and 
(3) by inserting after paragraph (2) the following new 
paragraph: 
"(3) section 1963, to the extent that the racketeering activity 
involves a violation of section 1344;". 
18 use 3293 
(b) SCOPE OF APPLICATION.—The amendments made by subsection 
^°^- 
(a) shall apply to any offense committed before the date of the 
enactment of this section, if the statute of limitations applicable to 
that offense had not run as of such date. 
SEC. 2506. MONEY LAUNDERING INVOLVING BANK CRIMES. 
Section 1956(c)(7)(D) of title 18, United States Code, is amended— 
(1) by inserting "section 1005 (relating to fraudulent bank 
entries), 1006 (relating to fraudulent Federal credit institution 
entries), 1007 (relating to Federal Deposit Insurance trans-
actions), 1014 (relating to fraudulent loan or credit applica-
tions), 1032 (relating to concealment of assets from conservator, 
receiver, or liquidating agent of financial institution), " after 
"section 875 (relating to interstate communications),"; and 
(2) by inserting "section 1341 (relating to mail fraud) or 
section 1343 (relating to wire fraud) affecting a financial institu-
tion," after "section 1203 (relating to hostage taking),". 
18 u s e 994 note. 
SEC. 2507. INCREASED PENALTIES IN MAJOR BANK CRIME CASES. 
(a) INCREASED PENALTIES.—Pursuant to section 994 of title 28, 
United States Code, and section 21 of the Sentencing Act of 1987, the 
United States Sentencing C!ommission shall promulgate guidelines, 
or amend existing guidelines, to provide that a defendant convicted 
of violating, or conspiring to violate, section 215, 656, 657,1005,1006, 
1007, 1014, 1032, or 1344 of title 18, United States Code, or section 
1341 or 1343 affecting a financial institution (as defined in section 20 
of title 18, United States Code), shall be assigned not less than 
offense level 24 under chapter 2 of the sentencing guidelines if the 
defendant derives more than $1,000,000 in gross receipts from the 
offense. 
(b) AMENDMENTS TO SENTENCING GUIDEUNES.—If the sentencing 
guidelines are amended after the effective date of this section, the 
Sentencing (Commission shall implement the instruction set forth in 
subsection (a) so as to achieve a comparable result. 
SEC. 2508. RESTORATION OF PROPERTY FOR VICTIMS OF BANK CRIMES. 
Section 981(e) of title 18, United States Code, is amended— 
(1) by striking out "or" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting a semicolon; and 
(3) by adding after paragraph (5) the following new para-
graph: 
"(6) in the case of property referred to in subsection (a)(1)(C), 
restore forfeited property to any victim of an offense described 
in subsection (aXl)(C); or". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4863 
SEC. 2509. ENHANCEMENT OF ABILITY TO ORDER RESTITUTION IN CER-
TAIN FRAUD CASES. 
Section 3663(a) of title 18, United States Code, is amended— 
(1) by inserting'W after "(a)"; and 
(2) by adding at the end the following: 
"(2) For the purposes of restitution, a victim of an offense that 
involves as £in element a scheme, a conspiracy, or a pattern of 
criminal activity means any person directly harmed by the defend-
ant's criminal conduct in the course of the scheme, conspiracy, or 
pattern. 
"(3) The court may also order restitution in any criminal case to 
the extent agreed to by the parties in a plea agreement.". 
SEC. 2510. FINANCIAL CRIME KINGPIN STATUTE. 
(a) CONTINUING FINANCIAL CRIME ENTERPRISES.—Chapter 11 of 
title 18, United States Code, is amended by adding at the end thereof 
the following new section: 
"§ 225. Continuing flnancial crimes enterprise 
Penalties. 
"(a) Whoever— 
"(1) organizes, manages, or supervises a continuing financial 
crimes enterprise; and 
"(2) receives $5,000,000 or more in gross receipts from such 
enterprise during any 24-month period, 
shall be fined not more than $10,000,000 if an individual, or 
$20,000,000 if an organization, and imprisoned for a term of not less 
than 10 years and which may be life. 
"(b) For purposes of subsection (a), the term 'continuing financial 
crimes enterprise' means a series of violations under section 215, 
656, 657, 1005, 1006, 1007, 1014, 1032, or 1344 of this title, or section 
1341 or 1343 affecting a financial institution, committed by at least 4 
persons acting in concert.". 
(b) CLERICAL AMENDMENT.—The table of sections for chapter 11 of 
title 18, United States Code, is amended by adding at the end the 
following new item: 
"225. Continuing financial crimes enterprise.". 
Subtitle B—Protecting Assets From Wrongful 
Disposition 
SEC. 2521. INJUNCTIVE RELIEF; PREJUDGMENT ATTACHMENTS. 
(a) INJUNCTIVE REUEF.— 
(1) APPUCATION BY CONSERVATOR OR RECEIVER FOR INSURED 
DEPOSITORY INSTITUTIONS.—Section 11(d) of the Federal Deposit 
Insurance Act (12 U.S.C. 1821(d)) is amended by inserting after 
paragraph (17) (as added by section 2511 of this title) the 
following new paragraphs: 
"(18) ATTACHMENT OF ASSETS AND OTHER INJUNCTIVE REUEF.— 
Subject to paragraph (19), any court of competent jurisdiction 
may, at the request of— 
"(A) the Corporation (in the Corporation's capacity as 
conservator or receiver for any insured depository institu-
tion or in the Corporation's corporate capacity with respect 
to any asset acquired or liability assumed by the Corpora-
tion under section 11,12, or 13); or 
104 STAT. 4864 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(B) any conservator appointed by the Comptroller of the 
Currency or the Director of the Office of Thrift Supervision, 
issue an order in accordance with Rule 65 of the Federal Rules 
of Civil Procedure, including an order placing the assets of any 
person designated by the Corporation or such conservator under 
the control of the court and appointing a trustee to hold such 
assets. 
"(19) STANDARDS.— 
"(A) SHOWING.—Rule 65 of the Federal Rules of Civil 
Procedure shall apply with respect to any proceeding under 
paragraph (18) without regard to the requirement of such 
rule that the applicEuit show that the injury, loss, or 
damage is irreparable and immediate. 
"(B) STATE PROCEEDING.—If, in the case of any proceeding 
in a State court, the court determines that rules of civil 
procedure available under the laws of such State provide 
substantially similar protections to such party's right to 
due process £is Rule 65 (as modified with respect to such 
proceeding by subparagraph (A)), the relief sought by the 
Corporation or a conservator pursuant to paragraph (18) 
may be requested under the laws of such State.". 
(2) APPLICATION BY CONSERVATOR OR UQUIDATING AGENT FOR 
INSURED CREDIT UNION.—Section 207(b)(2) of the Federal Credit 
Union Act (12 U.S.C. 1787GD)(2)) is amended by redesignating 
subparagraph (G) as subparagraph (I) and by inserting after 
subparagraph (F) the following new subparagraphs: 
"(G) ATTACHMENT OF ASSETS AND INJUNCTIVE RELIEF.— 
Subject to subparagraph (H), any court of competent juris-
diction may, at the request of the Board (in the Board's 
capacity as conservator or liquidating agent for any insured 
credit union or in the Board's corporate capacity in the 
exercise of any authority under section 207), issue an order 
in accordance with Rule 65 of the Federal Rules of Civil 
Procedure, including an order placing the assets of any 
person designated by the Board under the control of the 
court and appointing a trustee to hold such assets. 
"(H) STANDARDS.— 
"(i) SHOWING.—Rule 65 of the Federal Rules of Civil 
Procedure shall apply with respect to any proceeding 
under subparagraph (G) without regard to the require-
ment of such rule that the applicant show that the 
injury, loss, or damage is irreparable and immediate, 
"(ii) STATE PROCEEDING.—If, in the case of any 
proceeding in a State court, the court determines that 
rules of civil procedure available under the laws of such 
State provide substantially similar protections to such 
party's right to due process as Rule 65 (as modified with 
respect to such proceeding by clause (i)), the relief 
sought by the Board pursuant to subparagraph (G) may 
be requested under the laws of such State.", 
(b) PREJUDGMENT ATTACHMENTS.— 
(1) APPROPRIATE FEDERAL BANKING AGENCIES.—Section 8(i) of 
" the Federal Deposit Insurance Act (12 U.S.C. 1818(i)) is amended 
by adding at the end the following new paragraph: 
"(4) PREJUDGMENT ATTACHMENT.— 
"(A) IN GENERAL.—In any action brought by an appro-
priate Federal banking agency (excluding the Corporation 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4865 
when acting in a manner described in section ll(dX18)) 
pursuant to this section, or in actions brought in aid of, or 
to enforce an order in, any administrative or other civil 
action for money damages, restitution, or civil money pen-
alties brought by such agency, the court may, upon applica-
tion of the agency, issue a restraining order that— 
"(i) prohibits any person subject to the proceeding 
from withdrawing, transferring, removing, dissipating, 
or disposing of any funds, assets or other property; and 
"(ii) appoints a temporary receiver to administer the 
restraining order. 
"(B) STANDARD.—A permanent or temporary injunction 
or restraining order shall be granted without bond upon a 
prima facie showing that money damages, restitution, or 
civil money penalties, as sought by such agency, is 
appropriate.". 
(2) ATTORNEY GENERAL.—Section 1345 of title 18, United 
States Code, is amended— 
(1) by striking the 1st sentence and inserting the following: 
"(aXl) If a person is— 
"(A) violating or about to violate this chapter or section 287, 
371 (insofar as such violation involves a conspiracy to defraud 
the United States or any agency thereof), or 1001 of this title; or 
"(B) committing or about to commit a banking law violation 
(as defined in section 3322(d) of this title), 
the Attorney (Jeneral may commence a civil action in any Federal 
court to enjoin such violation. 
"(2) If a person is alienating or disposing of property, or intends to 
alienate or dispose of property, obtained as a result of a banking law 
violation (as defined in section 3322(d) of this title) or property which 
is traceable to such violation, the Attorney General may commence 
a civil action in any Federal court— 
"(A) to enjoin such alienation or disposition of property; or 
"(B) for a restraining order to— 
"(i) prohibit any person from withdrawing, transferring, 
removing, dissipating, or disposing of any such property or 
property of equivalent value; and 
"(ii) appoint a temporary receiver to administer such 
restraining order. 
(3) A permanent or temporary injunction or restraining order 
shall be granted without bond."; and 
(2) by redesignating the material remaining in such section as 
subsection (b). 
SEC. 2522. NONDISCHARGE OF DEBTS IN FEDERAL BANKRUPTCY INVOLV-
ING OBLIGATIONS ARISING FROM A BREACH OF FIDUCIARY 
DUTY; DISALLOWING USE OF BANKRUPTCY TO EVADE 
COMMITMENTS TO MAINTAIN THE CAPITAL OF A FEDERALLY 
INSURED DEPOSITORY INSTITUTION OR TO EVADE CIVIL OR 
CRIMINAL LIABILITY. 
(a) EXCEPTION TO DISCHARGE IN GENERAL.—Section 523 of title 11, 
United States Code, is amended— 
(1) in subsection (a) by— 
(A) striking "or" at the end of paragraph (9); 
(B) striking the period at the end of paragraph (10) and 
inserting a semicolon; and 
104 STAT. 4866 
PUBLIC LAW 101-647—NOV. 29, 1990 
(C) adding at the end thereof the following new para-
graphs: 
"(11) provided in any final judgment, unreviewable order, or 
consent order or decree entered in any court of the United 
States or of any State, issued by a Federal depository institu-
tions regulatory agency, or contained in any settlement agree-
ment entered into by the debtor, arising from any act of fraud 
or defalcation while acting in a fiduciary capacity committed 
with respect to any depository institution or insured credit 
union; or 
"(12) for malicious or reckless failure to fulfill any commit-
ment by the debtor to a Federal depository institutions regu-
latory agency to maintain the capital of an insured depository 
institution, except that this paragraph shall not extend any 
such commitment which would otherwise be terminated due to 
any act of such agency;"; and 
(2) by adding at the end thereof the following new subsections: 
"(e) Any institution-affiliated party of a depository institution or 
insured credit union shall be considered to be acting in a fiduciarv 
capacity with respect to the purposes of subsection (a) (4) or (11). ; 
and 
(3) in subsection (c)— 
(A) by inserting "(1)" after "(c)"; and 
(B) by adding at the end the following: 
"(2) Paragraph (1) shall not apply in the case of a Federal deposi-
tory institutions regulatory agency seeking, in its capacity as con-
servator, receiver, or liquidating agent for an insured depository 
institution, to recover a debt described in subsection (a)(2), (aX4), 
(a)(6), or (a)(ll) owed to such institution by an institution-affiliated 
party unless the receiver, conservator, or liquidating agent was 
appointed in time to reasonably comply, or for a Federal depository 
institutions regulatory agency acting in its corporate capacity as a 
successor to such receiver, conservator, or liquidating agent to 
reasonably comply, with subsection (a)(3)(B) as a creditor of such 
institution-affiliated party with respect to such debt.". 
(b) EXCEPTION TO EXEMPTIONS,—Section 522(c) of title 11, United 
States Code, is amended— 
(1) in paragraph (1) by striking "or" at the end; 
(2) in paragraph (2) by striking the period and inserting "; or"; 
and 
(3) by adding at the end the following: 
"(3) a debt of a kind specified in section 523(a)(4) or 523(a)(6) of 
this title owed by an institution-affiliated party of an insured 
depository institution to a Federal depository institutions regu-
latory agency acting in its capacity as conservator, receiver, or 
liquidating agent for such institution.". 
(c) ASSUMPTION OF COMMITMENTS AS EXECUTORY CONTRACTS.—Sec-
tion 365 of title 11, United States Code, is amended by adding at the 
end thereof the following: 
"(o) In a case under chapter 11 of this title, the trustee shall be 
deemed to have assumed (consistent with the debtor's other obliga-
tions under section 507), and shall immediately cure any deficit 
under, any commitment by the debtor to the Federal Deposit Insur-
ance (Corporation, the Resolution Trust Corporation, the Director of 
the Office of Thrift Supervision, the Comptroller of the Currency, or 
the Board of Governors of the Federal Reserve System, or its 
predecessors or successors, to maintain the capital of an insured 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4867 
depository institution, and any claim for a subsequent breach of the 
obligations thereunder shall be entitled to priority under section 
507. This subsection shall not extend any commitment that would 
otherwise be terminated by any act of such an agency.". 
(d) COMMITMENTS TO MAINTAIN THE CAPITAL OF FEDERALLY IN-
SURED DEPOSITORY INSTITUTIONS.—Section 507(a) of title 11, United 
States Code, is amended by adding at the end the following new 
paragraph: 
"(8) Eighth, allowed unsecured claims based upon any 
commitment by the debtor to the Federal Deposit Insurance 
Corporation, the Resolution Trust Corporation, the Director of 
the Office of Thrift Supervision, the Comptroller of the Cur-
rency, or the Board of Governors of the Federal Reserve System, 
or their predecessors or successors, to maintain the capital of an 
insured depository institution.". 
(e) DEFINITIONS.—Section 101 of title 11, United States Code, is 
amended— 
(1) by redesignating paragraphs (32) through (53) as para-
. 
graphs (36) through (57), respectively; 
(2) by inserting before paragraph (36), as so redesignated, the 
following: 
"(33)'institution-affiliated party'— 
"(A) with respect to an insured depository institution (as 
defined in section 3(cX2) of the Federal Deposit Insurance 
Act), has the meaning given it in section 3(u) of the Federal 
Deposit Insurance Act (12 U.S.C. 1813(u)); and 
*(B) with respect to an insured credit union, has the 
meaning given it in section 206(r) of the Federal Credit 
Union Act (12 U.S.C. 1786(r)); 
"(34) 'insured credit union' has the meaning given it in 
section 101(7) of the Federal Credit Union Act (12 U.S.C. 
1752(7)); 
"(35) 'insured depository institution'— 
"(A) has the meaning given it in section 3(cX2) of the 
Federal Deposit Insurance Act (12 U.S.C. 1813(cX2)); and 
"(B) includes an insured credit union (except in the case 
of paragraphs (3) and (33XA) of this subsection);''; 
(3) by redesignating paragraphs (3) through (31) as paragraphs 
(4) throi^h (32), respectively; and 
(4) by inserting after paragraph (2) the following: 
"(3) 'Federal depository institutions regulatory 
agency' 
means— 
"(A) with respect to an insured depository institution (as 
defined in section 3(cX2) of the Federal Deposit Insurance 
Act) for which no conservator or receiver has been ap-
pointed, the appropriate Federal banking agency (as de-
fined in section 3(q) of such Act); 
"(B) with respect to an insured credit union (including an 
insured credit union for which the National Credit Union 
Administration has been appointed conservator or liquidat-
ing agent), the National Credit Union Administration; 
'(C) with respect to any insured depository institution for 
which the Resolution Trust Corporation has been appointed 
conservator or receiver, the R^lution Trust CJorporation; 
and 
"(D) with respect to any insured depository institution for 
which the Federal Deposit Insurance CJorporation has been 
104 STAT. 4868 
PUBLIC LAW 101-647—NOV. 29, 1990 
appointed conservator or receiver, the Federal Deposit 
Insurance Corporation;". 
SEC. 2523. REGULATION OF GOLDEN PARACHUTES AND OTHER BENEFITS 
WHICH ARE SUBJECT TO MISUSE. 
(a) FDIC INSURED DEPOSITORY INSTITUTIONS.—Section 18 of the 
Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by 
inserting after subsection (j) the following new subsection: 
"(k) AUTHORITY TO REGULATE OR PROHIBIT CERTAIN FORMS OF 
BENEFITS TO INSTITUTION-AFFIUATED PARTIES.— 
"(1) GOLDEN PARACHUTES AND INDEMNIFICATION PAYMENTS.— 
The Corporation may prohibit or limit, by regulation or order, 
any golden parachute pajonent or indemnification payment. 
"(2) FACTORS TO BE TAKEN INTO ACCOUNT.—The Corporation 
shall prescribe, by regulation, the factors to be considered by 
the Corporation in taking any action pursuant to paragraph (1) 
which may include such factors as the following: 
"(A) Whether there is a reasonable basis to believe that 
the institution-affiliated party has committed any fraudu-
lent act or omission, breach of trust or fiduciary duty, or 
insider abuse with regard to the depository institution or 
depository institution holding company that has had a 
material affect on the financial condition of the institution. 
"(B) Whether there is a reasonable basis to believe that 
the institution-affiliated party is substantially responsible 
for the insolvency of the depository institution or depository 
institution holding company, the appointment of a con-
servator or receiver for the depository institution, or the 
depository institution's troubled condition (as defined in the 
regulations prescribed pursuant to section 32(f)). 
"(C) Whether there is a reasonable basis to believe that 
the institution-affiliated party has materially violated any 
applicable Federal or State banking law or regulation that 
has had a material affect on the financial condition of the 
institution. 
"(D) Whether there is a reasonable basis to believe that 
the institution-affiliated party has violated or conspired to 
violate— 
"(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, 
or 1344 of title 18, United States Code; or 
"(ii) section 1341 or 1343 of such title affecting a 
federally insured financial institution. 
"(E) Whether the institution-affiliated party was in a 
position of managerial or fiduciary responsibility. 
"(F) The length of time the party was affiliated with the 
insured depository institution or depository institution 
holding company and the degree to which— 
"(i) the payment reasonably reflects compensation 
earned over the period of employment; and 
"(ii) the compensation involved represents a reason-
able payment for services rendered. 
"(3) CERTAIN PAYMENTS PROHIBITED.—No insured depository 
institution or depository institution holding company may 
prepay the salary or any liability or legal expense of any 
institution-affiliated party if such payment is made— 
PUBLIC LAW 101-647—NOV. 29,1990 
104 STAT. 4869 
"(A) in contemplation of the insolvency of such institu-
tion or holding company or after the commission of an act 
of insolvency; and 
"(B) with a view to, or has the result of— 
"(i) preventing the proper application of the assets of 
the institution to creditors; or 
"(ii) preferring one creditor over another. 
"(4) GOLDEN PARACHUTE PAYMENT DEFINED.—For purposes of 
this subsection— 
"(A) IN GENERAL.—The term 'golden parachute payment' 
means any payment (or any agreement to make any pay-
ment) in the nature of compensation by any insured deposi-
tory institution or depository institution holding company 
for the benefit of any institution-affiliated party pursuant 
to an obligation of such institution or holding company 
t h a t -
'll) is contingent on the termination of such party's 
affiliation with the institution or holding company; and 
"(ii) is received on or after the date on which— 
"(I) the insured depository institution or deposi-
tory institution holding company, or any insured 
depository institution subsidiary of such holding 
company, is insolvent; 
"(II) any conservator or receiver is appointed for 
such institution; or 
"(III) the institution's appropriate Federal bank-
ing agency determines that the insured depository 
institution is in a troubled condition (as defined in 
the regulations prescribed pursuant to section 
32(f)); 
"(IV) the insured depository institution has been 
assigned a composite rating by the appropriate 
Federal banking agency or the Corporation of 4 or 
5 under the Uniform Financial Institutions Rating 
System; or 
"(V) the insured depository institution is subject 
to a proceeding initiated by the Corporation to 
terminate or suspend deposit insurance for such 
institution. 
"(B) 
CERTAIN 
PAYMENTS IN 
CONTEMPLATION OF AN 
EVENT.—Any payment which would be a golden parachute 
payment but for the fact that such payment was made 
before the date referred to in subparagraph (AXii) shall be 
treated as a golden parachute payment if the payment was 
made in contemplation of the occurrence of an event de-
scribed in any subclause of such subparagraph. 
"(C) CERTAIN PAYMENTS NOT INCLUDED.—1116 term 'golden 
parachute payment' shall not include— 
"(i) any payment made pursuant to a retirement plan 
which is qualified (or is intended to be qualified) under 
section 401 of the Internal Revenue Code of 1986 or 
other nondiscriminatory benefit plan; 
"(ii) any pajonent made pursuant to a bona fide 
deferred compensation plan or arrangement which the 
Board determines, by regulation or order, to be permis-
sible; or 
104 STAT. 4870 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(iii) any payment made by reason of the death or 
disability of an institution-afflUated party. 
"(5) OTHER DEFINITIONS.—For purposes of this subsection— 
"(A) INDEMNIFICATION PAYMENT.—Subject to paragraph 
(6), the term 'indemnification payment means any pay-
ment (or any agreement to make any pa5mient) by any 
insured depository institution or depository institution 
holding company for the benefit of any person who is or was 
an institution-affiliated party, to pay or reimburse such 
person for any liability or legal expense with regard to any 
administrative proceeding or civil action instituted by the 
appropriate Federal banking agency which results in a 
final order under which such person— 
"(i) is assessed a civil money penalty; 
"(ii) is removed or prohibited from participating in 
conduct of the affairs of the insured depository institu-
tion; or 
"(iii) is required to take any affirmative action de-
scribed in section 8(bX6) with respect to such institu-
tion. 
"(B) LIABILITY OR LEGAL EXPENSE.—The term 'liability or 
legal expense' means— 
"(i) any legal or other professional expense incurred 
in connection with any claim, proceeding, or action; 
"(ii) the amount of, and any cost incurred in connec-
tion with, any settlement of any claim, proceeding, or 
: 
action; and 
"(iii) the amount of, and any cost incurred in connec-
tion with, any judgment or penalty imposed with re-
spect to any claim, proceeding, or action. 
"(C) PAYMENT.—The term 'payment' includes— 
"(i) any direct or indirect transfer of any funds or any 
asset; and 
"(ii) any segregation of any funds or assets for the 
purpose of making, or pursuant to an agreement to 
make, any payment after the date on which such funds 
or assets are segregated, without regard to whether the 
obligation to make such payment is contingent on— 
"(I) the determination, after such date, of the 
liability for the payment of such amount; or 
"(II) the liquidation, after such date, of the 
amount of such payment. 
"(6) CERTAIN COMMERCIAL INSURANCE COVERAGE NOT TREATED 
AS COVERED BENEFIT PAYMENT.—No provision of this subsection 
shall be construed as prohibiting any insured depository institu-
tion or depository institution holding company from purchasing 
any commercial insurance policy or fidelity bond, except that, 
subject to any requirement described in paragraph (5)(A)(iii), 
such insurance policy or bond shall not cover any legal or 
liability expense of the institution or holding company which is 
described in paragraph (5)(A).". 
(b) NCUA INSURED CREDIT UNIONS DEPOSITORY INSTITUTIONS.— 
Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is 
amended by adding at the end the following new subsection: 
"(t) REGULATION OF CERTAIN FORMS OF BENEFITS TO INSTITUTION-
AFFIUATED PARTIES.— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4871 
"(1) GOLDEN PARACHUTES AND INDEMNIFICATION PAYMENTS.— 
The Board may prohibit or limit, by regulation or order, any 
golden parachute pajonent or indemnification payment. 
"(2) FACTORS TO BE TAKEN INTO ACCOUNT.—The Board shall Regulations, 
prescribe, by regulation, the factors to be considered by the 
Board in taking any action pursuant to paragraph (1) which 
may include such factors as the following: 
"(A) Whether there is a reasonable basis to believe that 
the institution-affiliated party has committed any fraudu-
lent act or omission, breach of trust or fiduciary duty, or 
insider abuse with regard to the credit union that has had a 
material siffect on the financial condition of the credit 
union. 
"(B) Whether there is a reasonable basis to believe that 
the institution-affiliated party is substantially responsible 
for the insolvency of the credit union, the appointment of a 
conservator or liquidating agent for the credit union, or the 
credit union's troubled condition (as defined in prescribed 
by the Board pursuant to paragraph (4)(A)(ii)(III)). 
"(C) Whether there is a reasonable basis to believe that 
the institution-affiliated party has materially violated any 
applicable Federal or State banking law or regulation that 
has had a material affect on the financial condition of the 
credit union. 
"(D) Whether there is a reasonable basis to believe that 
the institution-affiliated party has violated or conspired to 
violate— 
"(i) section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, 
or 1344 of title 18, United States Code; or 
"(ii) section 1341 or 1343 of such title affecting a 
financial institution. 
"(E) Whether the institution-affiliated party was in a 
; position of managerial or fiduciary responsibility. 
"(F) The length of time the party was affiliated with the 
, credit union and the degree to which— 
"(i) the payment reasonably reflects compensation 
earned over the period of emplojmaent; and 
"(ii) the compensation involved represents a reason-
able payment for services rendered. 
"(3) CERTAIN PAYMENTS PROHIBITED.—No credit union may 
prepay the salary or any liability or legal expense of any 
institution-afQliated party if such payment is made— 
"(A) in contemplation of the insolvency of such credit 
union or after the commission of an act of insolvency; and 
"(B) with a view to, or has the result of— 
"(i) preventing the proper application of the assets of 
the credit union; or 
"(ii) preferring one creditor over another. 
"(4) GOLDEN PARACHUTE PAYMENT DEFINED.—For purposes of 
this subsection— 
"(A) IN GENERAL.—The term 'golden parachute payment' 
means any payment (or any agreement to make any pay-
ment) in the nature of compensation by any credit union for 
the benefit of any institution-affiliated party pursuant to an 
obligation of such credit union that— 
"(i) is contingent on the termination of such party's 
affiliation with the credit union; and 
39-194 O - 91 - 16 : QL 3 Part 6 
104 STAT. 4872 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(ii) is received on or after the date on which— 
"(I) the credit union is insolvent; 
"(II) any conservator or Uquidating agent is ap-
pointed for such credit union; or 
"(III) the Board determines that the credit union 
is in a troubled condition (as defined in regulations 
which the Board shall prescribe); 
"(IV) the credit union has been assigned a 
composite rating by the Board of 4 or 5 under the 
Uniform Financial Institutions Rating System (as 
applicable with respect to credit unions); or 
(V) the credit union is subject to a proceeding 
initiated by the Board to terminate or suspend 
deposit insurance for such credit union. 
"(B) 
CERTAIN 
PAYMENTS IN 
CONTEMPLATION OF AN 
EVENT.—Any pa3anent which would be a golden parachute 
pajrment but for the fact that such pajmient was made 
before the date referred to in subparagraph (AXii) shall be 
treated as a golden parachute payment if the payment was 
made in contemplation of the occurrence of an event de-
scribed in any subclause of such subparagraph. 
"(C) CERTAIN PAYMENTS NOT INCLUDED,—Tlie term 'golden 
parachute payment' shall not include— 
"(i) any payment made pursuant to a retirement plan 
which is qualified (or is intended to be qualified) under 
section 401 of the Internal Revenue Code of 1986 or 
other nondiscriminatory retirement or severance bene-
fit plan; 
(ii) any pajonent made pursuant to a bona fide 
deferred compensation plan or arrangement which the 
Board determines, by regulation or order, to be permis-
sible; or 
"(iii) any payment made by reason of the death or 
disability of an institution-affiliated party. 
"(5) OTHER DEFINITIONS.—For purposes of this subsection— 
"(A) INDEMNIFICATION PAYMENT.—Subiect to paragraph 
(6), the term 'indemnification pajonent means any pay-
ment (or any agreement to make any payment) by any 
credit union for the benefit of any person who is or was an 
institution-affiliated party, to pay or reimburse such person 
for any liability or legal expense with regard to any 
administrative proceeding or civil action instituted by the 
Board which results in a final order under which such 
person— 
"(i) is assessed a civil money penalty; 
"(ii) is removed or prohibited from participating in 
conduct of the £iffairs of the credit union; or 
"(iii) is required to take any affirmative action de-
scribed in section 206(eX3) with respect to such credit 
union. 
"(B) LIABILITY OR LEGAL EXPENSE.—The term 'liability or 
legal expense'means— 
"(i) any legal or other professional expense incurred 
in connection with any claim, proceeding, or action; 
"(ii) the amount of, and any cost incurred in connec-
tion with, any settlement of any claim, proceeding, or 
action; and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4873 
"(iii) the amount of, and any cost incurred in connec-
tion with, any judgment or penalty imposed with re-
spect to any claim, proceeding, or action. 
"(C) PAYMENT.—The term 'payment' includes— 
"(i) any direct or indirect transfer of any funds or any 
asset; and 
"(ii) any segregation of any funds or assets for the 
purpose of making, or pursuant to an agreement to 
make, any payment after the date on which such funds 
or assets are segregated, without regard to whether the 
obligation to make such payment is contingent on— 
"(I) the determination, after such date, of the 
liability for the payment of such amount; or 
"(11) the liquidation, after such date, of the 
amount of such payment. 
"(6) CERTAIN COMMERCIAL INSURANCE COVERAGE NOT TREATED 
AS COVERED BENEFIT PAYMENT.—No provision of this subsection 
shall be construed as prohibiting any credit union from purchas-
ing any commercial insurance policy or fidelity bond, except 
that, subject to any requirement described in paragraph 
(5)(A)(iii), such insurance policy or bond shall not cover any 
legal or liability expense of the credit union which is described 
in paragraph (5)(A).". 
SEC. 2524. AMENDMENTS RELATING TO CIVIL FORFEITURE. 
Section 981 of title 18, United States Code, is amended— 
(1) in subsection (a)(1)(C)— 
(A) by inserting "1032," after "1014,"; and 
(B) by inserting "or a violation of section 1341 or 1343 of 
such title affecting a financial institution" before the 
period; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; and 
(B) by striking all that appears before subparagraph (A) 
(as so redesignated by subparagraph (A) of this paragraph) 
and inserting the following: 
"G)X1) Any property— 
"(A) subject to forfeiture to the United States under subpara-
graph (A) or (B) of subsection (a)(1) of this section— 
"(i) may be seized by the Attorney General; or 
"(ii) in the case of property involved in a violation of 
section 5313(a) or 5324 of title 31, United States Code, or 
section 1956 or 1957 of this title investigated by the Sec-
retary of the Treasury or the United States Postal Service, 
may be seized by the Secretary of the Treasury or the 
Postal Service; and 
"(B) subject to forfeiture to the United States under subpara-
graph (C) of subsection (a)(1) of this section may be seized by the 
Attorney General, the Secretary of the Treasury, or the Postal 
Service. 
"(2) Property shall be seized under paragraph (1) of this subsection 
upon process issued pursuant to the Supplemental Rules for certain 
Admiralty and Maritime Claims by any district court of the United 
States having jurisdiction over the property, except that seizure 
without such process may be made when—"; 
104 STAT. 4874 
PUBLIC LAW 101-647—NOV. 29, 1990 
(3) in subsection (eX3), by striking "(if the affected financial 
institution is in receivership or liquidation)"; and 
(4) in subsection (eX4), by striking "(if the affected Jjnancial 
institution is not in receivership or liquidation)". 
SEC. 2525. CIVIL AND CRIMINAL FORFEITURE FOR FRAUD IN THE SALE 
OF ASSETS BY THE RESOLUTION TRUST CORPORATION, FDIC, 
ORNCUA. 
(a) CIVIL FORFEITURE.— 
(1) IN GENERAL.—Section 981(aXl) of title 18, United States 
Code, is amended by adding the following new subparagraphs: 
"(D) Any property, real or personal, which represents or is 
traceable to the gross receipts obtained, directly or indirectly, 
from a violation of— 
"(i) section 666(aXl) (relating to Federal program fraud); 
"(ii) section 1001 (relating to fraud and false statements); 
"(iii) section 1031 (relating to major fraud eigainst the 
United States); 
"(iv) section 1032 (relating to concealment of assets from 
conservator or receiver of insured financial institution); 
"(v) section 1341 (relating to mail fraud); or 
"(vi) section 1343 (relating to wire fraud), 
if such violation relates to the sale of assets acquired or held by 
the Resolution Trust Corporation, the Federal Deposit Insur-
ance Corporation, as conservator or receiver for a financial 
institution, or any other conservator for a financial institution 
appointed by the Office of the Comptroller of the Currency or 
the Office of Thrift Supervision or the National Credit Union 
Administration, as conservator or liquidating agent for a finan-
cial institution. 
"(E) With respect to an offense listed in subsection (aXlXD) 
committed for the purpose of executing or attempting to execute 
any scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent statements, pretenses, 
representations or promises, the gross receipts of such an of-
fense shall include all property, real or personal, tangible or 
intangible, which thereby is obtained, directly or indirectly.". 
(2) TECHNICAL AND CONFORMING AMENDMENT.—Section 981(e) 
of title 18, United States Code, is amended by inserting after 
paragraph (6) (as added by section 108(3) of this Act) the follow-
ing new paragraph: 
"(7) In the case of property referred to in subsection 
(aXlXD), to the Resolution Trust Corporation, the Federal 
Depc^it Insurance Corporation, or any other Federal finan-
cial institution regulatory agency (as defined in section 
8(eX7XD) of the Federal Deposit Insurance Act)v". 
(b) CRIMINAL FORFEITURE.—Section 982(a) of title 18, Uhited States 
Code, is amended by adding the following new paragraphs: 
"(3) The court, in imposing a sentence on a person convicted 
of an offense under— 
"(A) section 666(aXl) (relating to Federal program fraud); 
"(B) section 1001 (relating to fraud and false statements); 
"(C) section 1031 (relating to major fraud against the 
United States); 
"(D) section 1032 (relating to concealment of assets from 
conservator, receiver, or liquidating agent of insured finan-
cial institution); 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4875 
"(E) section 1341 (relating to mail fraud); or 
"(F) section 1343 (relating to wire fraud), 
involving the sale of assets acquired or held by the Resolution 
Trust Corporation, the Federal Deposit Insurance Corporation, 
as conservator or receiver for a financial institution or any 
other conservator for a financial institution appointed by the 
Office of the Comptroller of the Currency or the Office of Thrift 
Supervision, or the National Credit Union Administration, as 
conservator or liquidating Eigent for a financial institution, shall 
order that the person forfeit to the United States any property, 
real or personal, which represents or is traceable to the gross 
receipts obtained, directly or indirectly, as a result of such 
violation. 
"(4) With respect to an offense listed in subsection (aX3) 
committed for the purpose of executing or attempting to execute 
any scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent statements, pretenses, 
representations, or promises, the gross receipts of such an of-
fense shall include any property, real or personal, tangible or 
intangible, which is obtained, directly or indirectly, as a result 
of such offense.". 
SEC. 2526. PROHIBITION ON ACQUISITIONS FROM CONSERVATORS AND 
RECEIVERS OF DEPOSITORY INSTITUTIONS BY CONVICTED 
FELONS. 
(a) FDIC INSURED DEPOSITORY INSTITUTIONS.—Section 11 of the 
Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by 
adding at the end the following new subsection: 
"(p) CERTAIN CONVICTED DEBTORS PROHIBITED FROM PURCHASING 
ASSETS.— 
"(1) CONVICTED DEBTORS.—Except as provided in paragraph 
(2), any individual who— 
"(A) has been convicted of an offense under section 215, 
656, 657, 1005, 1006, 1007, 1008, 1014, 1032, 1341, 1343, or 
1344 of title 18, United States Code, or of conspiring to 
commit such an offense, affecting any insured depository 
institution for which any conservator or receiver has been 
appointed; and 
"(B) is in default on any loan or other extension of credit 
from such insured depository institution which, if not paid, 
will cause substantial loss to the institution, any deposit 
insurance fund, the Corporation, the FSLIC Resolution 
Fund, or the Resolution Trust Corporation, 
may not purchase any asset of such institution from the con-
servator or receiver. 
"(2) SETTLEMENT OF CLAIMS.—Paragraph (1) shgill not apply to 
the sale or transfer by the Corporation of any asset of any 
insured depository institution to any individual if the sale or 
transfer of the asset resolves or settles, or is part of the resolu-
tion or settlement, of— 
"(A) 1 or more claims that have been, or could have been, 
asserted by the Corporation against the individual; or 
"(B) obligations owed by the individual to any insured 
depository institution, the FSLIC Resolution Fund, the 
Resolution Trust Corporation, or the Corporation.". 
104 STAT. 4876 
PUBLIC LAW 101-647—NOV. 29, 1990 
(b) INSURED CREDIT UNIONS.—Section 207 of the Federal Credit 
Union Act (12 U.S.C. 1787) is amended by adding at the end the 
following new subsection: 
"(q) PROHIBITION ON CERTAIN ACQUISITIONS OF ASSETS.— 
"(1) CONVICTED DEBTORS.—Except as provided in paragraph 
(2), any individual who— 
"(A) has been convicted of an offense under section 215, 
657, 1006, 1014, 1032, 1341, 1343, or 1344 of title 18, United 
States Code, or of conspiring to commit any such offense, 
affecting any insured credit union for which the Board is 
appointed conservator or liquidating agent; and 
(B) is in default on any loan or other extension of credit 
from such insured credit union which, if not paid, will cause 
substantial loss to the credit union, the National Credit 
Union Share Insurance Fund, or the Board, 
may not purchase any asset of such credit union from the 
conservator or liquidating agent. 
"(2) SETTLEMENT OP CLAIMS.—Paragraph (1) shall not apply to 
the sale or transfer by the Board of any asset of any insured 
credit union to any individual if the sale or transfer of the asset 
resolves or settles, or is part of the resolution or settlement, of— 
"(A) 1 or more claims that have been, or could have been, 
asserted by the Board against the individual; or 
"(B) obligations owed by the individual to the insured 
credit union or the Board.". 
(c) LIMITATION ON R T C ASSET SALES,—Section 21A(f) of the Fed-
eral Home Loan Bank Act (12 U.S.C. 1441a(f)) is amended to read as 
follows: 
"(f) LIMITATION ON CERTAIN CORPORATION ACTIVITIES.— 
Regulations. 
"(1) CERTAIN SALES PROHIBITED.—The Corporation shall pre-
scribe regulations to prohibit the sale of assets of a failed 
institution by the Corporation to any person who— 
"(AXi) has defaulted, or was a member of a partnership or 
an officer or director of a corporation which has defaulted, 
on 1 or more obligations the aggregate amount of which 
exceed $1,000,000 to such failed institution; 
"(ii) has been found to have engaged in fraudulent activ-
ity in connection with any obligation referred to in clause 
(i); and 
"(iii) proposes to purchase any such asset in whole or in 
part through the use of the proceeds of a loan or advance of 
credit from the Corporation or from any institution subject 
to the jurisdiction of the Corporation pursuant to para-
graph (3XA); 
"(B) participated, as an officer or director of such failed 
institution or of any affiliate of such institution, in a mate-
rial way in transactions that resulted in a substantial loss 
to such failed institution; 
"(C) has been removed from, or prohibited from partici-
pating in the affairs of, such failed institution pursuant to 
any final enforcement action by an appropriate Federal 
banking agency; or 
"(D) has demonstrated a pattern or practice of defalcation 
regarding obligations to such failed institution. 
"(2) SETTLEMENT OF CLAIMS; DEFINITIONS.— 
"(A) SETTLEMENT OF CLAIMS.—Nothing in this subsection 
shall prohibit the Corporation from selling or otherwise 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4877 
transferring any asset to any person if the sale or transfer 
of the asset resolves or settles, or is part of the resolution or 
settlement, of obligations owed by the person to the failed 
institution or the Corporation. 
"(B) DEFINITIONS.—For purposes of paragraph (1)— 
"(i) DEFAULT.—The term 'default' means a failure to 
comply with the terms of a loan or other obligation to 
such an extent that the property securing the obliga-
tion is foreclosed upon. 
"(ii) AFFILIATE.—The term 'affiliate' has the meaning 
given to such term in section 2(k) of the Bank Holding 
Company Act of 1956.". 
SEC. 2527. EXPEDITED PROCEDURES FOR CERTAIN CLAIMS. 
(a) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.—Section 11 of the 
Federal Deposit Insurance Act (12 U.S.C. 1821) is amended by 
inserting after subsection (p) (as added by section 2526 of this title) 
the following new subsection: 
"(q) EXPEDITED PROCEDURES FOR CERTAIN CLAIMS.— 
"(1) TIME FOR FILING NOTICE OF APPEAL.—The notice of appeal 
of any order, whether interlocutory or final, entered in any case 
brought by the Corporation against an insured depository 
institution's 
director, 
officer, 
employee, agent, 
attorney, 
accountant, or appraiser or any other person employed by or 
providing services to an insured depository institution shall be 
filed not later than 30 days after the date of entry of the order. 
The hearing of the appeal shall be decided not later than 120 
days after the date of the notice of appeal. The appeal shall be 
decided not later than 180 days after the date of the notice of 
appeal. 
"(2) ScHEDUUNG.—Consistent with section 1657 of title 18, 
United States Code, a court of the United States shall expedite 
the consideration of any case brought by the Corporation 
against an insured depository institution's director, officer, em-
ployee, agent, attorney, accountant, or appraiser or any other 
person employed by or providing services to an insured deposi-
tory institution. As far as practicable the court shall give such 
case priority on its docket. 
"(3) JUDICIAL DISCRETION.—The court may modify the sched-
ule and limitations stated in paragraphs (1) and (2) in a particu-
lar case, based on a specific finding that the ends of justice that 
would be served by making such a modification would outweigh 
the best interest of the public in having the case resolved 
expeditiously.". 
O
t
>
) CONFORMING AMENDMENT.—Section 1657 of title 18, United 
States Code, is amended by inserting "section 11, 12, or 13 of the 
Federal Deposit Insurance Act" after "consideration of any action 
brought under". 
SEC. 2528. FRAUDULENT CONVEYANCES AVOIDABLE BY CONSERVATORS 
AND RECEIVERS. 
(a) INSURED DEPOSITORY INSTITUTIONS OTHER THAN INSURED 
CREDIT UNIONS.—Section 11(d) of the Federal Deposit Insurance Act 
(12 U.S.C. 1821(d)) is amended by adding at the end the following 
new paragraph: 
"(17) FRAUDULENT TRANSFERS.— 
104 STAT. 4878 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(A) IN GENERAL.—The Corporation, as conservator or 
receiver for any insured depository institution, and any 
conservator appointed by the Comptroller of the Currency 
or the Director of the Office of Thrift Supervision may 
avoid a transfer of any interest of an institution-affiliated 
party, or any person who the Corporation or conservator 
determines is a debtor of the institution, in property, or any 
obligation incurred by such party or person, that was made 
within 5 years of the date on which the Corporation or 
conservator was appointed conservator or receiver if such 
party or person voluntarily or involuntarily made such 
transfer or incurred such liability with the intent to hinder, 
delay, or defraud the insured depository institution, the 
Corporation or other conservator, or any other appropriate 
Federal banking agency. 
"(B) RIGHT OF RECOVERY.—To the extent a transfer is 
avoided under subparagraph (A), the Corporation or any 
conservator described in such subparagraph may recover, 
for the benefit of the insured depository institution, the 
property transferred, or, if a court so orders, the value of 
such property (at the time of such transfer) from— 
"(i) the initial transferee of such transfer or the 
institution-affiliated party or person for whose benefit 
such transfer was made; or 
"(ii) any immediate or mediate transferee of any such 
initial transferee. 
"(C) RIGHTS OF TRANSFEREE OR OBLIGEE.—The Corporation 
or any conservator described in subparagraph (A) may not 
recover under subparagraph (B) from— 
"(i) any transferee that takes for value, including 
satisfaction or securing of a present or antecedent debt, 
in good faith; or 
"(ii) any immediate or mediate good faith transferee 
of such transferee. 
"(D) RIGHTS UNDER THIS PARAGRAPH.—The rights under 
this paragraph of the Corporation and any conservator 
described in subparagraph (A) shall be superior to any 
rights of a trustee or any other party (other than any party 
which is a Federal agency) under title 11, United States 
Code.", 
(b) INSURED CREDIT UNIONS.—Section 207(b) of the Federal Credit 
Union Act (12 U.S.C. 1787(b)) is amended by adding at the end the 
following new paragraph: 
"(16) FRAUDULENT TRANSFERS.— 
"(A) IN GENERAL.—The Board, as conservator or liquidat-
ing agent for any insured credit union, may avoid a transfer 
of any interest of an institution-affiliated party, or any 
person who the Board determines is a debtor of the institu-
tion, in property, or any obligation incurred by such party 
or person, that was made within 5 years of the date on 
which the Board becomes conservator or liquidating agent 
if such party or person voluntarily or involuntarily made 
such transfer or incurred such liability with the intent to 
hinder, delay, or defraud the insured credit union or the 
Board. 
"(B) RIGHT OF RECOVERY.—To the extent a transfer is 
avoided under subparagraph (A), the Board may recover, 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4879 
for the benefit of the insured credit union, the property 
transferred, or, if a court so orders, the value of such 
property (at the time of such transfer) from— 
"(i) the initial transferee of such transfer or the 
institution-affiliated party or person for whose benefit 
such transfer was made; or 
"(ii) any immediate or mediate transferee of any such 
initial transferee, 
"(C) RIGHTS OF TRANSFEREE OR OBUGEE.—The Board may 
not recover under subparagraph (B) from— 
"(i) any transferee that takes for value, including 
satisfaction or securing of a present or antecedent debt, 
in good faith; or 
"(ii) any immediate or mediate good faith transferee 
of such transferee. 
"(D) RIGHTS UNDER THIS PARAGRAPH.—The rights of 
the 
Board under this paragraph shall be superior to any rights 
of a trustee or any other party (other than any party which 
is a Federal agency) under title 11, United States Code.". 
Subtitle C—Improved Procedures for Handling 
Banking-Related Cases 
SEC. 2531. WIRETAP AUTHORITY FOR BANK FRAUD AND RELATED OF-
FENSES; TECHNICAL AMENDMENTS TO WIRETAP LAW. 
Section 2516 of title 18, United States Code, is amended— 
(1) in paragraph (IXc)— 
(A) by inserting "section 215 (relating to bribery of bank 
officials)," before "section 224"; 
(B) by inserting "section 1014 (relating to loans and credit 
applications generally; renewsils and discounts)," before 
"sections 1503,"; 
(C) by inserting "section 1032 (relating to concealment of 
assets)," before "section 1084"; 
(D) by inserting "section 1344 (relating to bank fraud)," 
before "sections 2251 and 2252"; and 
(E) by striking "the section in chapter 65 relating to 
destruction of an energy facility,"; and 
(2) in paragraph (1)— 
(A) by striking the 1st subparagraph which is designated 
as (m) ; 
(B) by striking "and" at the end of the 2d subparagraph 
designated as "(m)" (as determined before the amendment 
made by subparagraph (A) of this paragraph); 
(C) by striking the period at the end of subparagraph (n) 
and inserting "; and"; and 
(D) by adding at the end the following new subparagraph: 
"(o) any conspiracy to commit any offense described in any 
subparagraph of this paragraph."; and 
(3) in paragraph (l)(j), by striking "any violation of section 
16'79(c)(2) (relating to destruction of a natural gas pipeline) or 
subsection (i) or (n) of section 1472 (relating to aircraft piracy) of 
title 49, of the United States Code" and inserting "any violation 
of section 11(c)(2) of the Natural Gas Pipeline Safety Act of 1968 
(relating to destruction of a natural gas pipeline) or subsection 
104 STAT. 4880 
PUBLIC LAW 101-647—NOV. 29, 1990 
(i) or (n) of section 902 of the Federal Aviation Act of 1958 
(relating to aircraft piracy)". 
SEC. 2532. FOREIGN INVESTIGATIONS BY FEDERAL BANKING AGENCIES 
AND INVESTIGATIONS ON BEHALF OF FOREIGN BANKING 
AUTHORITIES. 
(a) APPROPRIATE FEDERAL BANKING AGENCIES, GENERALLY.—Sec-
tion 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is 
amended by adding at the end thereof the following new subsection: 
"(v) FOREIGN INVESTIGATIONS.— 
"(1) REQUESTING ASSISTANCE FROM FOREIGN BANKING AUTHORI-
TIES.—In conducting any investigation, examination, or enforce-
ment action under this Act, the appropriate Federal banking 
agency may— 
"(A) request the assistance of any foreign banking author-
ity; £Uld 
"(B) maintain an ofRce outside the United States. 
"(2) 
PROVIDING ASSISTANCE TO FOREIGN BANKING AUTHORI-
TIES.— 
"(A) IN GENERAL.—Any appropriate Federal banking 
agency may, at the request of any foreign banking author-
ity, assist such authority if such authority states that the 
requesting authority is conducting an investigation to 
determine whether any person has violated, is violating, or 
is about to violate any law or regulation relating to banking 
matters or currency transactions administered or enforced 
by the requesting authority. 
"(B) INVESTIGATION BY FEDERAL BANKING AGENCY.—Any 
appropriate Federal banking agency may, in such agency's 
discretion, investigate and collect information and evidence 
pertinent to a request for assistance under subparagraph 
(A). Any such investigation shall comply with the laws of 
the United States and the policies and procedures of the 
appropriate Federal banking agency. 
"(C) FACTORS TO CONSIDER.—In deciding whether to pro-
vide assistance under this paragraph, the appropriate Fed-
eral banking agency shall consider— 
"(i) whether the requesting authority has agreed to 
provide reciprocal assistance with respect to banking 
matters within the jurisdiction of any appropriate Fed-
eral banking agency; and 
"(ii) whether compliance with the request would 
prejudice the public interest of the United States. 
"(D) TREATMENT OF FOREIGN BANKING AUTHORITY.—For 
purposes of any Federal law or appropriate Federal bank-
ing agency regulation relating to the collection or transfer 
of information by any appropriate Federal banking agency, 
the foreign banking authority shall be t t.3.ted as another 
appropriate Federal banking agency. 
"(3) RULE OF CONSTRUCTION.—Paragraphs (1) and (2) shall not 
be construed to limit the authority of an appropriate Federal 
banking agency or any other Federal agency to provide or 
receive assistance or information to or from any foreign author-
ity with respect to any matter.". 
(b) FOREIGN INVESTIGATIONS BY F D I C AND R T C AS CONSERVATOR 
O
R RECEIVER.—Section 11 of the Federal Deposit Insurance Act (12 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4881 
U.S.C. 1821) is amended by inserting after subsection (q) (as added by 
section 2527 of this Act) the following new subsection: 
"(r) FOREIGN INVESTIGATIONS,—The Corporation and the Reso-
lution Trust Corporation, as conservator or receiver of any insured 
depository institution and for purposes of carrying out any power, 
authority, 
or duty with 
respect 
to an 
insured 
depository 
institution— 
"(1) may request the assistance of any foreign banking 
authority and provide assistance to any foreign banking author-
ity in accordance with section 8(v); and 
"(2) may each maintain an office to coordinate foreign 
investigations or investigations on behalf of foreign banking 
authorities.", 
(c) NATIONAL CREDIT UNION ADMINISTRATION, GENERALLY.—Sec-
tion 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended 
by inserting after subsection (t) (as added by section 2503(b) of this 
Act) the following new subsection: 
"(u) FOREIGN INVESTIGATIONS.— 
"(1) REQUESTING ASSISTANCE FROM FOREIGN BANKING AUTHORI-
TIES.—In conducting any investigation, examination, or enforce-
ment action under this Act, the Board may— 
"(A) request the assistance of £iny foreign banking author-
ity; and 
"(B) maintain an office outside the United States. 
"(2) 
PROVIDING ASSISTANCE TO FOREIGN BANKING AUTHORI-
TIES.— 
"(A) IN GENERAL.—The Board may, at the request of any 
foreign banking authority, assist such authority if such 
authority states that the requesting authority is conducting 
an investigation to determine whether any person has vio-
lated, is violating, or is about to violate any law or regula-
tion relating to banking matters or currency transactions 
administered or enforced by the requesting authority. 
"(B) INVESTIGATION BY FEDERAL BANKING AGENCY.—The 
Board may, in the Board's discretion, investigate and collect 
information and evidence pertinent to a request for assist-
ance under subparagraph (A). Any such investigation shall 
comply with the laws of the United States and the policies 
and procedures of the Board. 
"(C) FACTORS TO CONSIDER.—In deciding whether to pro-
vide assistance under this paragraph, the Board shall 
consider— 
"(i) whether the requesting authority has agreed to 
provide reciprocal assistance with respect to banking 
matters within the jurisdiction of the Board or any 
appropriate Federal banking agency; and 
"(ii) whether compliance with the request would 
prejudice the public interest of the United States. 
"(D) TREATMENT OF FOREIGN BANKING AUTHORITY.—For 
purposes of any Federal law or Board regulation relating to 
' 
the collection or transfer of information by the Board or 
any appropriate Federal banking agency, the foreign bank-
ing authority shall be treated as another appropriate Fed-
eral banking agency. 
"(3) RULE OF CONSTRUCTION.—Paragraphs (1) and (2) shall not 
be construed to limit the authority of the Board or any other 
104 STAT. 4882 
PUBLIC LAW 101-647—NOV. 29, 1990 
Federal agency to provide or receive assistance or information 
to or from any foreign authority with respect to any matter.", 
(d) FOREIGN INVESTIGATIONS BY BOARD AS CONSERVATOR OR LIQ-
UIDATING AGENT.—Section 207 of the Federal Credit Union Act (12 
U.S.C. 1787) is amended by inserting after subsection (q) (as added by 
section 2526(b) of this Act) the following new subsection: 
"(r) FOREIGN INVESTIGATIONS.—The Board, as conservator or liq-
uidating agent of any insured credit union and for purposes of 
carrying out any power, authority, or duty with respect to an 
insured credit union— 
"(1) may request the assistance of any foreign banking 
authority and provide assistance to any foreign banking author-
ity in accordance with section 206(u); and 
"(2) may maintain an office to coordinate foreign investiga-
tions or investigations on behalf of foreign banking authori-
ties.". 
SEC. 2533. EXTENSION OF STATUTE OF LIMITATIONS FOR CIVIL 
PENALTIES. 
Section 951 of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (12 U.S.C. 1833a) is amended by adding at 
the end the following: 
"(g) STATUTE OF LIMITATIONS.—A civil action under this section 
may not be commenced later than 10 years after the cause of action 
accrues.". 
SEC. 2534. CLARIFICATION OF SUBPOENA AUTHORITY FOR FDIC, RTC, 
AND NCUA ACTING AS CONSERVATOR, RECEIVER, OR LIQ-
UIDATING AGENT. 
(a) FDIC AND RTC AUTHORITY.—Section ll(dX2) of the Federal 
Deposit Insurance Act (12 U.S.C. 1821(dX2)) is amended by re-
designating subparagraph (I) as subparagraph (J) and by inserting 
after subparagraph (H) the following new subparagraph: 
"(I) SUBPOENA AUTHORITY.— 
"(i) IN GENERAL.—The Corporation may, as conserva-
tor, receiver, or exclusive manager and for purposes of 
carrying out any power, authority, or duty with respect 
to an insured depository institution (including deter-
mining any claim against the institution and determin-
ing and realizing upon any asset of any person in the 
course of collecting money due the institution), exercise 
any power established under section 8(n), and the provi-
sions of such section shall apply with respect to the 
exercise of any such power under this subparagraph in 
the same manner as such provisions apply under such 
section. 
"(ii) AUTHORITY OF BOARD OF DIRECTORS.—A subpoena 
or subpoena duces tecum may be issued under clause (i) 
only by, or with the written approval of, the Board of 
Directors or their designees (or, in the case of a sub-
poena or subpoena duces tecum issued by the Resolu-
tion Trust Corporation under this subparagraph and 
section 21A(bX4), only by, or with the written approval 
of, the Board of Directors of such Corporation or their 
designees). 
"(iii) RULE OF CONSTRUCTION.—This subsection shall 
not be construed as limiting any rights that the Cor-
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4883 
poration, in any capacity, might otherwise have under 
section 10(c) of this Act.'. 
0)) NCUA AUTHORITY.—Section 207(bX2) of the Federal Credit 
Union Act (12 U.S.C. 1787(b)(2)) is amended by redesignating 
subparagraph (I) (as so redesignated by section 202(b) of this Act) as 
subparagraph (J) and by inserting after subparagraph (H) (as added 
by such section) the following new subparagraph: 
"(I) SUBPOENA AUTHORITY.— 
"(i) IN GENERAL.—The Board may, as conservator or 
liquidating agent and for purposes of carrying out any 
power, authority, or duty with respect to an insured 
credit union (including determining any claim against 
the credit union and determining gind realizing upon 
any asset of any person in the course of collecting 
money due the credit union), exercise any power estab-
lished under section 206(p), and the provisions of such 
section shall apply with respect to the exercise of any 
such power under this subparagraph in the same 
manner as such provisions apply under such section, 
"(ii) AUTHORITY OF BOARD.—A subpoena or subpoena 
duces tecum may be issued under clause (i) only by, 
or with the written approval of, the Board or their 
designees. 
"(iii) RULE OF CONSTRUCTION.—This subsection shall 
not be construed as limiting any rights that the Board, 
in any capacity, might otherwise have under section 
206(p).". 
Subtitle D—Structural Reforms to Improve the 
Federal Response to Crimes Affecting Finan-
cial Institutions 
SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT 28 USC 509 note. 
AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITU-
TIONS CRIME UNIT. 
(a) ESTABLISHMENT.—There is established within the Office of the 
Deputy Attorney General in the Department of Justice a Financial 
Institutions Fraud Unit to be headed by a special counsel (hereafter 
in this title referred to as the "Special Counsel"). 
(b) RESPONSIBILITY.—The Financial Institutions Fraud Unit and 
the Special Counsel shall be responsible to and shall report directly 
to the Deputy Attorney General. 
(c) SUNSET.—The provisions of this section shall cease to apply at 
the end of the 5-year period beginning on the date of the enactment 
of this Act. 
SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF 28 USC 509 note. 
THE SPECIAL COUNSEL. 
(a) APPOINTMENT.—The Special Counsel shall be appointed by the 
President, by and with the advice and consent of the Senate. 
(b) RESPONSIBIUTIES.—The Special Counsel shall— 
(1) supervise and coordinate investigations and prosecutions 
within the Department of Justice of fraud and other criminal 
activity in and against the financial services industry, includ-
ing, to the extent consistent with the independent counsel 
104 STAT. 4884 
PUBLIC LAW 101-647—NOV. 29, 1990 
provision of chapter 40 of title 28, United States Code, any such 
activity by any current or former elected official or high-level 
executive branch official or any member of the immediate 
family of any such official; 
(2) ensure that Federal law relating to civil enforcement, asset 
seizure and forfeiture, money laundering, and racketeering are 
used to the fullest extent authorized to recover the proceeds of 
unlawful activities from persons who have committed crimes in 
and against the financial services industry; and 
(3) ensure that adequate resources are made available for the 
investigation and prosecution of fraud and other criminal activ-
ity in and against the financial services industry. 
(c) COMPENSATION.—The Special Counsel shall be paid at the basic 
pay payable for level V of the Executive Schedule. 
28 u s e 509 note. 
SEC. 2538. ASSIGNMENT OF PERSONNEL. 
There shall be assigned to the Financial Institutions Fraud Unit 
such personnel as the Attorney Gteneral deems necessary to provide 
an appropriate level of enforcement activity in the area of fraud 
and other criminal activity in and against the financial services 
industry. 
28 u s e 509 note. 
SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES. 
(a) EsTABUSHMENT.—The Attorney General shall establish such 
financial institutions fraud task forces as the Attorney General 
deems appropriate to ensure that adequate resources are made 
available to investigate and prosecute crimes in or against financial 
institutions and to recover the proceeds of unlawful activities from 
persons who have committed fraud or have engaged in other crimi-
nal activity in or against the financial services industry. 
(b) SUPERVISION.—The Attorney General shall determine how 
each task force shall be supervised and may provide for the super-
vision of any task force by the Special Counsel. 
(c) SENIOR INTERAGENCY GROUP.— 
(1) ESTABUSHMENT.—The Attorney General shall establish a 
senior interagency group to assist in identifying the most 
significant financial institution fraud cases and in allocating 
investigative and prosecutorial resources where they are most 
needed. 
(2) MEMBERSHIP.—The senior interagency group shall be 
chaired by the Special Counsel and shall include senior officials 
from— 
(A) the Department of Justice, including representatives 
of the Federal Bureau of Investigation, the Advisory 
Committee of United States Attorneys, and other relevant 
entities; 
(B) the Department of the Treasury; 
(C) the Office of Thrift Supervision; 
(D) the Resolution Trust Corporation; 
(E) the Federal Deposit Insurance Corporation; 
(F) the Office of the Comptroller of the Currency; 
(G) the Board of Governors of the Federal Reserve 
System; and 
(H) the National Credit Union Administration. 
(3) DUTIES.—This senior interagency group shall enhance 
interagency coordination and assist in accelerating the inves-
tigations and prosecution of financial institutions fraud. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4885 
SEC. 2540. RTC ENFORCEMENT DIVISION. 
Section 21A(b)(12) of the Federal Home Loan Bank Act (12 U.S.C. 
1441a(b)(12)) is amended by adding at the end thereof the following 
new subparagraph: 
"(G) The Corporation shall maintain an executive-level 
position and dedicated staff to assist and advise the Cor-
poration and other agencies in pursuing cases, civil claims, 
and administrative enforcement actions against institution-
affiliated parties of insured depository institutions under 
the jurisdiction of the Corporation. These personnel shall Reports, 
have such duties as the Corporation establishes, including 
the duty to compile and publish a report to the Congress on 
the coordinated pursuit of claims by all Federal financial 
institution regulatory agencies, including the Department 
of Justice and the Securities and Exchange Commission. 
The report shall be published before December 31,1990 and 
updated semiannually after such date.". 
Subtitle E—Reporting Requirements 
SEC. 2546. REPORTING REQUIREMENTS. 
28 USC 522 note. 
(a) IN GENERAL.— 
(1) DATA COLLECTION.—The Attorney General shall compile 
and collect data concerning— 
(A) the nature and number of civil and criminal inves-
tigations, prosecutions, and related proceedings, and civil 
enforcement and recovery proceedings, in progress with 
respect to banking law offenses under sections 981, 1008, 
1032, and 3322(d) of title 18, United States Code, and section 
951 of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 and conspiracies to commit any 
such offense, including inactive investigations of such 
offenses; 
(B) the number o
f
— 
(i) investigations, prosecutions, and related proceed-
ings described in subparagraph (A) which are inactive 
as of the close of the reporting period but have not been 
closed or declined; and 
(ii) unaddressed referrals which allege criminal mis-
conduct involving offenses described in subparagraph 
(A), 
and the reasons such matters are inactive and the referrals 
unaddressed; 
(C) the nature and number of such matters closed, settled, 
or litigated to conclusion; and 
(D) the results achieved, including convictions and pre-
trial diversions, fines and penalties levied, restitution 
assessed and collected, and damages recovered, in such 
matters. 
(2) ANALYSIS AND REPORT.—The Attorney General shall ana-
lyze and report to the Congress on the data described in para-
graph (1) and its coordination and other related activities 
named in section 2539(c)(2) and shall provide such report on the 
data monthly through December 31, 1991, and quarterly after 
such date. 
104 STAT. 4886 
PUBLIC LAW 101-647—NOV. 29, 1990 
(b) SPECIFICS OF REPORT.—The report required by subsection (a) 
shall— 
(1) categorize data as to various t5rpes of financial institutions 
and appropriate dollar loss categories; 
(2) disclose data for each Federal judicial district; 
(3) describe the activities of the Financial Institution Fraud 
Unit; and 
(4) list— 
(A) the number of institutions, categorized by failed and 
open institutions, in which evidence of significant fraud, 
unlawful activity, insider abuse or serious misconduct has 
been alleged or detected; 
(B) civil, criminal, and administrative enforcement ac-
tions, including those of the Federal financial institutions 
regulatory agencies, brought against offenders; 
(C) any settlements or judgments obtained against offend-
ers; 
(D) indictments, guilty pleas, or verdicts obtained against 
offenders; and 
(E) the resources allocated in pursuit of investigations, 
prosecutions, and sentencings (including indictments, guilty 
pleas, or verdicts obtained against offenders) and related 
proceedings. 
Public 
SEC. 2547. CIVIL DISCLOSURE. 
(a) PROVISIONS APPUCABLE TO FEDERAL BANKING AGENCIES.— 
(1) IN GENERAL,—Section 8(u) of the Federal Deposit Insur-
ance Act (12 U.S.C. 1818(u)) is amended to read £is follows: 
"(u) PuBuc DISCLOSURES OF FINAL ORDERS AND AGREEMENTS.— 
"(1) IN GENERAL.—The appropriate Federal banking agency 
shall publish and make available to the public on a monthly 
basis— 
"(A) any written agreement or other written statement 
for which a violation may be enforced by the appropriate 
Federal banking agency, unless the appropriate Federal 
banking agency, in its discretion, determines that publica-
tion would be contrary to the public interest; 
"(B) any final order issued with respect to any adminis-
trative enforcement proceeding initiated by such agency 
under this section or any other law; and 
"(C) any modification to or termination of any order or 
agreement made public pursuant to this paragraph. 
"(2) HEARINGS.—All hearings on the record with respert io 
any notice of charges issued by a Federal banking agency shall 
be open to the public, unless the agency, in its discretion, 
determines that holding an open hearing would be contrary to 
the public interest. 
"(3) REPORTS TO CONGRESS.—A written report shall be made 
part of a determination not to hold a public hearing pursuant to 
paragraph (2) or not to publish a document pursuant to para-
graph (IXA). At the end of each calendar quarter, all such 
reports shall be transmitted to the Congress. 
"(4) TRANSCRIPT OF HEARING.—A transcript that includes all 
testimony and other documentary evidence shall be prepared 
for gdl hearings commenced pursuant to subsection (i). A tran-
script of public hearings shall be made available to the public 
pursuant to section 552 of title 5, United States Code. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4887 
"(5) 
DELAY 
OF 
PUBLICATION 
UNDER 
EXCEPTIONAL 
CIR-
CUMSTANCES.—If the appropriate Federal banking agency 
makes a determination in writing that the publication of a final 
order pursuant to paragraph (IXB) would seriously threaten the 
safety and soundness of an insured depository institution, the 
agency may delay the publication of the document for a reason-
able time. 
"(6) DOCUMENTS FILED UNDER SEAL IN PUBUC ENFORCEMENT 
HEARINGS.—The appropriate Federal banking agency may file 
any document or part of a document under seal in any adminis-
trative enforcement hearing commenced by the agency if disclo-
sure of the document would be contrary to the public interest. A 
written report shall be made part of any determination to 
withhold any part of a document from the transcript of the 
hearing required by paragraph (2). 
"(7) 
RETENTION 
OF DOCUMENTS.—Each Federal 
banking 
agency shall keep and maintain a record, for a period of at least 
6 years, of all documents described in paragraph (1) and all 
informal enforcement agreements and other supervisory actions 
and supporting documents issued with respect to or in connec-
tion with any administrative enforcement proceeding initiated 
by such agency under this section or any other laws. 
"(8) DISCLOSURES TO CONGRESS.—No provision of this subsec-
tion may be construed to authorize the withholding, or to 
prohibit the disclosure, of any information to the Congress or 
any committee or subcommittee of the Congress.". 
(2) PUBUC HEARINGS.—Section 8(hXl) of the Federal Deposit 
Insurance Act (12 U.S.C. 1818(h)(1)) is amended by striking 
"Such hearing shall be private, unless the appropriate Federal 
banking agency, in its discretion, after fully considering the 
views of the party afforded the hearing, determines that a 
public hearing is necessary to protect the public interest.". 
(3) EFFECTIVE DATE.—The amendment made by paragraph (1) ^^ ^SC 1818 
shall apply with respect to all written agreements which are 
entered into and all written statements which become effective 
after the date of the enactment of this Act. 
(b) AMENDMENT OF FEDERAL CREDIT UNION ACT.— 
(1) IN GENERAL.—Section 206(s) of the Federal Credit Union 
Act (12 U.S.C. 1786(s)) is amended to read as follows: 
"(s) PUBUC DISCLOSURE OF AGENCY ACTION.— 
"(1) IN GENERAL.—The Board shall publish and make avail-
able to the public on a monthly basis— 
"(A) any written agreement or other written statement 
for which a violation may be enforced by the Board, unless 
the Board, in its discretion, determines that publication 
would be contrary to the public interest; 
"(B) any final order issued with respect to any adminis-
trative enforcement proceeding initiated by the Board 
under this section or any other law; and 
"(C) any modification to or termination of any order or 
agreement made public pursuant to this paragraph. 
"(2) HEARINGS.—All hearings on the record with respect to 
any notice of charges issued by the Board shall be open to the 
public, unless the agency, in its discretion, determines that 
holding an open hearing would be contrary to the public 
interest. 
note. 
104 STAT. 4888 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(3) REPORTS TO CONGRESS.—A written report shall be made 
part of a determination not to hold a public hearing pursuant to 
paragraph (2) or not to publish a document pursuant to para-
graph (1)(A). At the end of each calendar quarter, all such 
reports shall be transmitted to the Congress, 
"(4) TRANSCRIPT OF HEARING.—A transcript that includes all 
testimony and other documentary evidence shall be prepared 
for all hearings commenced pursuant to subsection (k). A tran-
script of public hearings shall be made available to the public 
pursuant to section 552 of title 5, United States Code. 
"(5) 
DELAY 
OF 
PUBUCATION 
UNDER 
EXCEPTIONAL 
CIR-
CUMSTANCES.—If the Board makes a determination in writing 
that the publication of a final order pursuant to paragraph 
(1)(B) would seriously threaten the safety and soundness of an 
insured depository institution, the agency may delay the 
publication of the document for a reasonable time. 
"(6) DOCUMENTS FILED UNDER SEAL IN PUBLIC ENFORCEMENT 
HEARINGS.—The Board may file any document or part of a 
document under seal in any administrative enforcement hear-
ing commenced by the agency if disclosure of the document 
^P<>^^- 
would be contrary to the public interest. A written report shall 
be made part of any determination to withhold any part of a 
document from the transcript of the hearing required by para-
graph (2). 
"(7) RETENTION OF DOCUMENTS.—The Board shall keep and 
maintain a record, for a period of at least 6 years, of all 
documents described in paragraph (1) and all informal enforce-
ment agreements and other supervisory actions and supporting 
documents issued with respect to or in connection with any 
administrative enforcement proceeding initiated by such agency 
under this section or any other laws. 
"(8) DISCLOSURES TO CONGRESS.—No provision of this subsec-
tion may be construed to authorize the withholding, or to 
prohibit the disclosure, of any information to the Congress or 
any committee or subcommittee of the Congress.". 
(2) PUBLIC HEARING.—Section 206(j)(l) of the Federal Credit 
Union Act (12 U.S.C. 1786(j)(l)) is amended by striking "Such 
hearing shall be private, unless the Board, in its discretion, 
after fully considering the views of the party afforded the 
hearing, determines that a public hearing is necessary to pro-
tect the public interest.". 
SEC. 2548. REPORT ON COURT BUSINESS IMPACT OF SAVINGS AND LOAN 
CRISIS. 
Section 604(a) of title 28, United States Code, is amended by 
adding at the end the following new paragraph: 
"(24) Lay before Congress, annually, statistical tables that 
will accurately reflect the business imposed on the Federal 
courts by the savings and loan crisis.". 
PUBUC LAW 101-647—NOV. 29, 1990 
104 STAT. 4889 
Subtitle F—National Commission on Financial 
Institution Reform, Recovery, and Enforce-
ment 
SEC. 2551. ESTABLISHMENT. 
There is hereby established a commission to be known as the 
National Commission on Financial Institution Reform, Recovery, 
and Enforcement (hereafter in this title referred to as the 
"Commission"). 
SEC. 2552. DUTIES OF THE COMMISSION. 
The Commission shall— 
(1) examine and identify the origin and causes of the problems 
in the savings and loan industry that led to the enactment of 
the Financial Institutions Reform, Recovery, and Enforcement 
Act of 1989, including consideration of the role of— 
(A) State and Federal regulation of savings and loan 
associations, including capital and accounting standards; 
(B) supervision of, and supervisory resources allocated to, 
savings and loan associations by, or under the authority of. 
State and Federal Governments; 
(C) State and Federal statutes concerning savings and 
loan associations, including asset powers legislation; 
(D) macroeconomic changes and regional recessions; 
(E) competitive factors; 
(F) unprecedented fraud and abuse by persons in or con-
nected with savings and loan associations; and 
(G) deposit insurance, including changes in the amount 
insured and in technology; 
(2) recommend, on the basis of the Commission's examination 
and investigations under this section, further legislative, regu-
latory, supervisory, and other administrative changes that 
will— 
(A) improve the safety and soundness of depository 
associations, the Federal deposit insurance funds, and other 
Federal insurance programs; 
(B) facilitate civil and criminal enforcement actions 
concerning financial institutions; and 
(C) prevent the recurrence of the problems identified in 
the savings and loan industry; and 
(3) recommend any other reforms which the Commission 
determines to be appropriate. 
SEC. 2553. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 8 members appointed as follows: 
(1) 2 individuals appointed by the President. 
(2) 3 individuals appointed by the Speaker of the House of 
Representatives, 1 of whom shall be appointed upon the rec-
ommendation of the minority leader of the House of Represent-
atives. 
(3) 3 individuals appointed by the President pro tempore of 
the Senate, 2 of whom shall be appointed upon the rec-
ommendation of the majority leader of the Senate and 1 of 
104 STAT. 4890 
PUBLIC LAW 101-647—NOV. 29, 1990 
whom shall be appointed upon the recommendation of the 
minority leader of the Senate. 
(b) EuGiBiLTTY.—No member, officer, or employee of the executive, 
legislative, or judicial branch of the Federal Government or of £iny 
State or local government may be a member of the Commission. 
(c) TERMS.— 
(1) IN GENERAL.—Each member shall be appointed for the life 
of the Commission. 
(2) VACANCY.—A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made. 
(d) PROHIBITION ON COMPENSATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), mem-
bers of the Commission shall serve without pay. 
(2) TRAVEL EXPENSES.—Each member shall receive travel ex-
penses, including per diem in lieu of subsistence, in accordance 
with sections 5702 and 5703 of title 5, United States Code. 
(e) QUORUM.—5 members of the Commission shall constitute a 
quorum but 3 members may hold hearings. 
(f) CHAIRPERSON.—The Chairperson of the Commission shall be 
elected by the Commission from among its members. 
(g) MEETINGS.—The Commission shall meet at the call of the 
Chairperson or of 5 members of the Commission. 
(h) PROXY VOTING.—Members of the Commission may vote by 
proxy. 
SEC. 2554. POWERS OF COMMISSION; HEARINGS AND SESSIONS. 
(a) IN GENERAL.—The Commission may, for the purposes of carry-
ing out this subtitle, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. 
(b) WITNESSES; ADMINISTRATION OF OATHS.— 
(1) IN GENERAL.—Subject to paragraph (2) and, in the case of a 
subpoena, to subsection (c), the Commission may call witnesses 
and administer oaths or affirmations to witnesses appearing 
before the Commission. 
(2) COORDINATION OF CERTAIN TESTIMONY AND EVIDENCE.—(A) 
In any case where the Commission intends to call a witness or 
receive evidence (including a witness or evidence to be 
subpoened in accordance with subsection (c)) to provide testi-
mony concerning a specific savings and loan association or the 
role of any person in connection therewith, the Commission 
shall, in writing not less than 21 days prior to the taking of such 
testimony or receiving such evidence, provide the Attorney 
General, the Director of the Office of Thrift Supervision, and 
the Chairperson of the Federal Deposit Insurance Corporation 
and the Resolution Trust Corporation with— 
(i) the name of the savings and loan association involved; 
(ii) the date and location of the testimony or the receipt of 
evidence; and 
(iii) as appropriate, the name of the witness and a specific 
identification of the subject matter about which such wit-
ness is to testify or provide evidence, or the specific nature 
of the evidence to be received. 
(B) If the Attorney General, the Director of the Office of 
Thrift Supervision, or the Chairperson of the Federal Deposit 
Insurance Corporation and the Resolution Trust Corporation 
determines that taking such testimony or receiving such evi-
•^-^^Btf^' 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4891 
dence (including witnesses or evidence to be subpoened in 
accordance with subsection (c)) would impair, impede, or com-
promise the investigation, prosecution, or adjudication of a 
criminal, civil, or administrative matter or proceeding, the 
Attorney General, the Director, or the Chairperson shall 
promptly notify the Commission of that determination. 
(C) The Commission shall decide whether to proceed to call a 
witness or to receive evidence after considering any determina-
tion under subparagraph (B)— 
(i) on the basis of the Commission's determination that 
taking such testimony or receiving such evidence is specifi-
cally necessary to carry out the duties of the Commission; 
and 
(ii) upon an affirmative vote of not fewer than 5 members 
of the Commission (or not fewer than 6 members of the 
Commission in the case of a witness or evidence to be 
subpoened). 
(D) The Commission shall notify the official who made the 
determination under subparagraph (B) of the Commission's 
determination under subparagraph (C). 
(c) SUBPOENA POWER.— 
(1) ADMINISTRATIVE ASPECTS OF SUBPOENA.— 
(A) ATTENDANCE OR PRODUCTION AT DESIGNATED SITE.— 
The attendance of witnesses and the production of evidence 
may be required from any place within the United States at 
any designated place of hearing within the United States. 
(B) FEES AND TRAVEL EXPENSES.—Persons served with a 
subpoena under this subsection shall be paid the same fees 
and mileage for travel within the United States that are 
paid witnesses in Federal courts. 
(C) No LiABiUTY FOR OTHER EXPENSES.—The Commission 
and the United States shall not be liable for any expense, 
other than an expense described in subparagraph (B), in-
curred in connection with the production of any evidence 
under this subsection. 
(2) FAILURE TO OBEY A SUBPOENA.— 
(A) APPLICATION TO COURT.—If a person refuses to obey a 
subpoena issued under this subsection, the Commission 
may apply to a district court of the United States for an 
order requiring that person to appear before the Commis-
sion to give testimony or produce evidence, as the case may 
be, relating to the matter under investigation. 
(B) JURISDICTION OF COURT.—The application may be 
made within the judicial district where the hearing is 
conducted or where that person is found, resides, or trans-
acts business. 
(C) FAILURE TO COMPLY WITH ORDER.—Any failure to obey 
the order of the court may be punished by the court as civil 
contempt. 
(3) SERVICE OF SUBPOENAS.—The subpoenas of the Commission 
shall be served in the manner provided for subpoenas issued by 
a United States district court under the Federal Rules of Civil 
Procedure for the United States district courts. 
(4) SERVICE OF PROCESS.—All process of any court to which 
application is to be made under paragraph (3) may be served in 
the judicial district in which the person required to be served 
resides or may be found. 
104 STAT. 4892 
PUBLIC LAW 101-647—NOV. 29, 1990 
(d) MAILS.—The Commission may use the United States mails in 
the same manner and under the same conditions as other depart-
ments and agencies of the United States. 
(e) INTERIM REPORT.—Not later than 60 days after the date of the 
enactment of this Act, the Commission may submit a report to the 
Congress concerning the ability of the Commission to obtain 
information and evidence necessary to carry out its duties under 
this subtitle and including such recommendations concerning addi-
tional authority as the Commission deems appropriate. 
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 
the 
Commission, the Administrator of General Services shall provide to 
the Commission administrative support services on a reimbursable 
basis. 
(g) POWERS OF MEMBERS AND AGENTS.—Except for actions that 
require a vote of the Commission, any member or agent authorized 
by the Commission may take any action the Commission may take. 
SEC. 2555. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. 
(a) STAFF.—Subject to such regulations as the Commission may 
prescribe, the Chairperson may appoint and fix the pay of such 
personnel as the Chairperson considers appropriate. 
(b) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The staff of 
the Commission may be appointed without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and may be paid without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except 
that an individual so appointed may not receive pay in excess of the 
annual rate of basic pay payable for GS-18 of the General Schedule. 
(c) EXPERTS AND CONSULTANTS.—Subject to rules prescribed by the 
Commission, the Chairperson may procure temporary and intermit-
tent services under section 3109(b) of title 5, United States Code, but 
at rates for individuals not to exceed the annual rate of basic pay 
payable for GS-18 of the General Schedule. 
(d) STAFF OF FEDERAL AGENCIES.—Upon request of the Chair-
person, the head of any Federal department or agency may detail, 
on a reimbursable basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out its duties under 
this Act. 
SEC. 2556. REPORT. 
(a) REPORT REQUIRED.—The Commission shall submit a final 
report to the President and the Congress not later than 9 months 
after the election of the Chairperson under section 3(f). 
(b) CONTENTS.—The final report shall, consistent with the duties of 
the Commission set forth in section 2562 of this title, contain a 
detailed statement of the findings, conclusions, and recommenda-
tions of the Commission. 
SEC. 2557. TERMINATION. 
The Commission shall terminate 30 days after submitting the 
report required by section 2566(a) of this Act. 
SEC. 2558. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated not to exceed $1,000,000 
to carry out the purposes of this Act. 
PUBLIC LAW 101-647—NOV. 29, 1990 
Subtitle G—Authorizations 
104 STAT. 4893 
SEC. 2559. ADDITIONAL FUNDING FOR INVESTIGATORS AND PROSECU-
TORS FOR BANK CRIME CASES. 
(a) ADDITIONAL APPROPRIATION FOR DEPARTMENT OF JUSTICE.— 
Section 966(a) of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (103 Stat. 506) is amended to read as 
follows: 
"(a) IN GENERAL.— 
"(1) AUTHORIZATION.—There is authorized to be appropriated 
to the Attorney Greneral, without fiscal year limitation, 
$162,500,000 for each of fiscal years 1991 through 1993, for 
purposes of investigations, prosecutions, and civil proceedings 
involving financial institutions to which the Act and amend-
ments made by this Act apply. 
"(2) ALLOCATIONS.—With respect to fiscal years 1991 and 1992, 
the amount authorized to be appropriated under paragraph (1) 
shall be allocated as follows: 
"(A) Federal Bureau of Investigation: $78,300,000. 
"(B) The offices 
of the 
United 
States 
attorneys: 
$65,000,000. 
"(C) The criminal division of the Department of Justice: 
$8,800,000. 
"(D) The civil division of the Department of Justice: 
$7,000,000. 
"(E) The tax division of the Department of Justice: 
$3,400,000.". 
(b) ADDITIONAL APPROPRIATIONS FOR THE INTERNAL REVENUE SERV-
ICE.—There is authorized to be appropriated to the Internal Revenue 
Service, Department of the Treasury, $16,000,000 for fiscal year 1991 
for investigation of violations of the Internal Revenue (Dode of 1986, 
and related statutes, involving insured depository institutions. 
(c) ADDITIONAL FUNDS FOR THE FEDERAL JUDICIARY.—Section 967 of 
the Financial Institutions Reform, Recovery, and Enforcement Act 
of 1989 (103 Stat. 506) is amended to read as follows: 
"SEC. 967. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
FEDERAL JUDICIARY. 
"(a) IN GENERAL.—There are authorized to be appropriated to the 
Federal court system $25,000,000 for fiscal year 1991 and $28,000,000 
for each of fiscal years 1992 and 1993 to carry out such system's 
duties under this Act.". 
Subtitle H—Actions Against Persons 
Committing Bank Fraud Crimes 
SEC. 2560. SHORT TITLE. 
This subtitle may be cited as the 
Fraud Enforcement Act of 1990". 
'Financial Institutions Anti-
Financial 
Institutions 
Anti-Fraud 
Enforcement 
Act of 1990. 
12 use 4201 
note. 
104 STAT. 4894 
PUBLIC LAW 101-647—NOV. 29, 1990 
CHAPTER 1—DECLARATIONS PROVIDING NEW CLAIMS TO 
THE UNITED STATES 
12 use 4201. 
SEC. 2561. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PER-
SONS. 
(a) IN GENERAL.—Any person may file a declaration of a violation 
giving rise to an action for civil penalties under section 951 of the 
Financial Institutions Reform, Recovery and Enforcement Act of 
1989 affecting a depository institution insured by the Federal De-
posit Insurance Corporation or any other agency or entity of the 
United States. 
(b) PLACE OF FILING.—A declaration under subsection (a) shall be 
filed with the Attorney General of the United States or with an 
agent designated by the Attorney General for receiving declarations 
under this section. 
12 use 4202. 
SEC. 2562. CONTENTS OF DECLARATIONS. 
A declaration filed pursuant to section 2561 shall— 
(1) set forth the name and address of the declarant and the 
basis for the declarant's knowledge of the facts alleged; 
(2) allege under oath or affirmation specific facts, relating to a 
particular transaction or transactions, which constitute a prima 
facie CEise of a violation giving rise to an action for civil pen-
alties under section 951 of the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 affecting a depository 
institution insured by the Federal Deposit Insurance Corpora-
tion or any other agency or entity of the United States; 
(3) contain at least 1 new factual element necessary to estab-
lish a prima facie case that was unknown to the Government at 
the time of filing; and 
(4) set forth all facts supporting the allegation of a violation 
described in paragraph (2) known to the declarant, along with 
the names of material witnesses and the nature and location of 
documentary evidence known to the declarant. 
12 use 4203. 
SEC. 2563. CONFIDENTIALITY OF DECLARATIONS. 
(a) PERIOD OF CONFIDENTIALITY.—A declarant and the declarant's 
agents shall not disclose the existence or filing of a declaration filed 
pursuant to section 2561 until— 
(1) the declarant receives notice that the Attorney General 
has concluded that an action should not be pursued under 
section 2566(b); 
(2) the declarant receives notice of an award pursuant to 
section 2566(c); or 
(3) the declarant is granted a contract to pursue an action 
under section 2565(b) or 2567. 
(b) MAINTENANCE OF CONFIDENTIAUTY TO PREVENT PREJUDICE.—(1) 
Notwithstanding any other law, the contents of a declaration shall 
not be disclosed by the declarant if the disclosure would prejudice or 
compromise in any way the completion of any government inves-
tigation or any criminal or civil case that may arise out of, or make 
use of, information contained in a declaration, but information 
contained in a declaration may be disclosed as required by duly 
issued and authorized legal process. 
(2) The Attorney General may in a circumstance described in 
paragraph (1) notify a declarant that continued confidentiality is 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4895 
required under this subsection notwithstanding paragraph (1) or (2) 
of subsection (a). 
(c) Loss OF RIGHTS.—A declarant who discloses, except as provided 
by this title, the existence or filing of a declaration or the contents 
thereof to anyone other than a duly authorized Federal or State 
investigator or the declarant's attorney shall immediately lose all 
rights under this chapter. 
SEC. 2564. INELIGIBILITY TO FILE VALID DECLARATIONS. 
12 USC 4204. 
(a) IN GENERAL.—A declaration filed pursuant to section 811 and 
in accordance with sections 2562 and 2563 is valid unless^ 
(1) the declaration is filed by a current or former officer or 
employee of a Federal or State government sigency or 
instrumentality who discovered or gathered the information in 
the declaration, in whole or in part, while acting within the 
course of the declarant's government employment; 
(2) the declaration is filed by a person who knowingly partici-
pated in the violation of section 1517 of title 18, United States 
Code, or any of the sections of title 18, United States Code, 
referred to in section 951(c) of the Financial Institutions 
Reform, Recovery, and Enforcement Act of 1989, or any other 
fraudulent conduct with respect to which the declaration is 
made; 
(3) the declaration is filed by an institution-affiliated party (as 
defined in section 3(u) of the Federal Deposit Insurance Act, 12 
U.S.C. 1813(u)) who withheld information during the course of 
any bank examination or investigation authorized pursuant to 
section 10 of such Act (12 U.S.C. 1820) which such party owed a 
fiduciary duty to disclose; 
(4) the declaration is filed by a member of the immediate 
family of the individual whose activities are the subject of the 
declaration or where, in the discretion of the Attorney General, 
it appears the individual could benefit from the award; or 
(5) the declaration consists of allegations or transactions that 
have been disclosed to a member of the public in a criminal, 
civil, or administrative proceeding, in a congressional, adminis-
trative, or General Accounting Office report, hearing, audit or 
investigation, by any other government source, or by the news 
media, unless the person providing the declaration is the origi-
nal source of the information. 
(b) DEFINITION.—For the purposes of subsection (aX5), the term 
"original source" means a person who has direct and independent 
knowledge of the information contained in the declaration and who 
voluntarily provided the information to the government prior to the 
disclosure. 
(c) NOTICE OF INVALIDITY.—If the Attorney General determines at 
any time that a declaration is invalid under this section, that a 
declaration fails to meet the requirements of section 2562, or that a 
declaration has been disclosed in violation of section 2563, the 
Attorney General shall notify the person who filed the declaration 
in writing that the declaration is invalid, and the declarant shall not 
enjoy Einy of the rights of the declarant listed in section 2565 or 2566. 
104 STAT. 4896 
PUBLIC LAW 101-647—NOV. 29, 1990 
12 u s e 4205. 
SEC. 2565. RIGHTS 
OF 
DECLARANTS; PARTICIPATION IN ACTIONS, 
AWARDS. 
(a) IN GENERAL.—A person who has filed a declaration that meets 
the requirements of sections 2561 through 2564 shall have the rights 
stated in this section. 
0)) CIVIL ACTION.—If the Attorney General determines that a 
cause of action referred to in section 2561 based on the declaration 
should be referred to private counsel pursuant to chapter 4, the 
declarant, after consultation with the Attorney General, shall have 
the right to select counsel to prosecute the action, and the declarant 
and the declarant's counsel shall act in accordance with chapter 4. 
(c) CRIMINAL CONVICTION.—(1) When the United States obtains a 
criminal conviction and the Attorney General determines that the 
conviction was based in whole or in part on the information con-
tained in a valid declaration filed under section 2561, the declarant 
shall have the right to receive not less than $5,000 and not more 
than $100,000, any such award to be paid from the Financial Institu-
tion Information Award Fund established under section 2569. 
(2) In determining the size of any award under paragraph (1), the 
Attorney General may, in the Attorney General's discretion, con-
sider any appropriate factor, including— 
(A) the seriousness of the offense for which the conviction was 
obtained; 
(B) the extent to which the facts alleged in the declaration 
contributed to the conviction; 
(C) the number of offenders apprehended pursuant to 
information provided by the declarant; 
(D) whether or not the offender was previously under inves-
tigation by any law enforcement agency when the declaration 
was filed; 
(E) the extent to which the declarant cooperated in the devel-
opment of the Government's case and its presentation at trial; 
(F) the sentences and fines imposed on the offender and other 
offenders in related cases; 
(G) the extent to which other sources of private information 
were relied upon; and 
(H) the hardship to the declarant and any expenses the 
declarant incurred in preparing the declaration. 
(d) SHARE OF FUNDS AND ASSETS,—(1) When the United States 
acquires funds or assets pursuant to the execution of a judgment, 
order, or settlement and the Attorney General determines that the 
judgment, order, or settlement was based in whole or in part on the 
information contained in a valid declaration filed under section 
^ 
2561, the declarant shall have the right to share in the recovery as 
follows: 
(A)(i) The declarant shall be entitled to 20 percent to 30 
percent of any recovery up to the first $1,000,000 recovered, 10 
percent to 20 percent of the next $4,000,000 recovered, and 5 
percent to 10 percent of the next $5,000,000 recovered. 
(ii) In calculating an award under clause (i), the Attorney 
General may consider the size of the overall recovery and the 
usefulness of the information provided by the declarant. 
(B) When a declarant has received an award under subsection 
(c), the Attorney General may subtract the amount of that 
reward from any recovery under this subsection. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4897 
(2XA) When more than 1 declarant has provided information 
leading to a recovery under this subsection, the Attorney General 
shall first calculate the size of the total award under paragraph 
(IXA) and then distribute that amount according to the contribution 
made by each declarant. 
(B) In distributing any such award between 2 or more declarants, 
the Attorney General may, in the Attorney General's discretion, 
consider any appropriate factor. 
(e) PROHIBITION OF DOUBLE AWARDS.—(1) No person shall receive 
both an award under this section and a reward under either section 
34 of the Federal Deposit Insurance Act or section 3509A of title 18, 
United States Code, for providing the same or substantially similar 
information. 
(2) When a person qualifies for both an award under this section 
and a reward under either section 34 of the Federal Deposit Insur-
ance Act or section 3509A of title 18, United States Code, for 
providing the same or substantially similar information, the person 
may notify the Attorney Greneral in writing of the person's election 
to seek an award under this section or a reward under such other 
section. 
if) APPROPRIATE FEDERAL BANKING AGENCY EXCEPTION.—For pur-
poses of this section, funds or assets acquired by the United States 
shall not include any funds or assets acquired by any appropriate 
Federal banking agency acting in any capacity or the Resolution 
Trust Corporation acting in any capacity, except for any civil money 
penalties recovered by a Federal banking agency through a final 
judgment, order or settlement. 
SEC. 2566. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT 12 USC 4206. 
ACCOUNTABILITY. 
(a) IN GENERAL.—A person who has filed a declaration that meets 
the requirements of sections 2561 through 2564 shall have the rights 
stated in this section. 
(b) NOTICE OF DECISION NOT TO PURSUE.—If, after review, the 
Attorney General concludes that the information contained in a 
declaration should not be pursued in a civil or criminal proceeding, 
the Attorney General shall so notify the declarant in writing and 
shall provide a brief statement of the reasons that the declaration 
will not be pursued. 
(c) JUDGMENT, ORDER, OR SETTLEMENT.—(1) When the United 
States obtains a judgment, order, or settlement based in whole or in 
part on a valid declaration filed under section 2561, the Attorney 
General shall notify the declarant in writing of such fact. 
(2) A notice described in paragraph (1) shall contain— 
(A) the Attorney General's determination of the amount of 
the award due the declarant under subsection (c) or (d) of 
section 2565 upon recovery by the United States; and 
(B) a short statement of reasons for the amount of the award. 
(d) NOTICE OF PENDENCY OF INVESTIGATION OR PROCEEDING.—If the 
Attorney General has not provided the declarant with notice under 
subsection Ot)) or a notice of invalidity pursuant to section 2564 
within the time period set forth in subsection (e), the Attorney 
General shall notify the declarant in writing that— 
(1) there is a pending investigation or proceeding in the course 
of which the declarant's allegations are being addressed; or 
(2) the declarant's allegations have not yet been addressed. 
104 STAT. 4898 
PUBLIC LAW 101-647—NOV. 29, 1990 
(e) TIME FOR NOTICES.—(1) In the case of a valid declaration filed 
not more than 3 years after the date of enactment of this Act, the 
Attorney General shall send notification to a declarant pursuant to 
subsection (d) not later than 3 years after the date of filing of the 
declaration. 
(2XA) Subject to subparagraph (B), in the case of a declaration 
filed more than 3 years after the date of enactment of this Act, the 
Attorney General shall send notification not later than 1 year after 
the date of filing of the declaration. 
(B) If the Attorney General certifies that it is in the interest of the 
United States to give further consideration to the information pro-
vided in the declaration for an additional 90-day period, the Attor-
ney General shall so notify the declarant in writing. 
(f) CONFIDENTIALITY OF NOTICES.—All notices provided to a declar-
ant under this section shall be kept confidential by the declarant in 
the same manner, and subject to the same penalties, as the declara-
tion under section 2563. 
12 use 4207. 
SEC. 2567. UNREVIEWED DECLARATIONS; PETITION TO PURSUE ACTION 
AS PRIVATE CONTRACTOR. 
(a) NOTIFICATION.—(1) If, pursuant to section 2566(d)(2), the Attor-
ney General notifies a declarant that the declarant's allegations 
have not yet been addressed, the declarant may notify the Attorney 
General to award a contract pursuant to chapter 4 to pursue the 
case. 
(2) A declarant's notification under paragraph (1) shall be filed 
with the Attorney General not later than 30 days after the date of 
service of notice under section 2566(dX2), and the Attorney General 
shall respond to the notification not later than 30 days after receipt. 
(b) CONTENTS OF RESPONSE.—In response to a notification under 
subsection (aXD, the Attorney General shall— 
(1) grant a contract pursuant to chapter 4; or 
(2) proceed with an action. 
(c) GRANT OF CONTRACT.—If the Attorney General decides to grant 
a contract, the declarant, after consultation with the Attorney 
General, shall have the right to select counsel to prosecute an 
action, and the declarant and the declarant's counsel shall act in 
accordance with chapter 4. 
12 use 4208. 
SEC. 2568. NONREVIEWABILITY OF ACTION BY THE ATTORNEY GENERAL. 
Notwithstanding any other law, no court shall have jurisdiction 
over any claim based on any action taken by the Attorney General 
or any refusal to take action under this chapter, except for failure to 
provide notification under section 2566. 
12 use 4209. 
SEC. 2569. FINANCIAL INSTITUTION INFORMATION AWARD FUND. 
(a) ESTABLISHMENT.—There is established in the United States 
Treasury a special fund to be known as the Financial Institution 
Information Award Fund (referred to as the "Fund") which shall be 
available to the Attorney General without fiscal year limitation to 
pay awards to declarants pursuant to section 2565(c) and to pay 
special rewards pursuant to section 3059A of title 18, United States 
Code. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Fund such funds as are necessary to maintain 
the Fund at a level not to exceed $5,000,000. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4899 
SEC. 2570. SOURCES OF PAYMENTS TO DECLARANTS. 
12 USC 4210. 
Notwithstanding any other law, an award under this title may be 
paid to a declarant, or to an individual providing information, from 
the amounts recovered through civil actions based in whole or in 
part on the information provided in a valid declaration under this 
title. 
SEC. 2571. GOVERNMENT 
ACCOUNTABILITY; 
PUBLIC 
REPORTS 
ON 12 USC 4211. 
PROCESSING OF DECLARATIONS. 
(a) IN GENERAL.—In addition to the written statements of reasons 
provided individual declarants under section 2566, on the date that 
is 6 months after the date of enactment of this Act, and at the end of 
each 6-month period thereafter during which this chapter is in 
effect, the Attorney General shall compile a public report on the 
processing of declarations under this chapter. 
(b) CONTENTS OF REPORT.—The report required by subsection (a) 
shall state— 
(1) the number of declarations filed within the relevant 
period; 
(2) the number of declarations found invalid under sections 
2562, 2563, and 2564; 
(3) the number of valid declarations processed and their 
present status, including whether or not they have been re-
viewed and if they have been reviewed what determination was 
reached; 
(4) the number and amounts of all rewards paid to declarants 
under this chapter; and 
(5) the number of convictions attributable in whole or in part 
to valid declarations filed under this chapter and the number 
and dollar amounts of all monetary recoveries, criminal or civil, 
attributable in whole or in part to valid declarations filed under 
this chapter. 
(c) CONFIDENTIALITY.—Notwithstanding any other law, in compil-
ing the report required by subsection (a), the Attorney General may 
take all steps necessary to guard against the disclosure of any 
information that could in any way prejudice a current criminal or 
civil investigation or proceeding. 
SEC. 2572. PROTECTION FOR DECLARANTS. 
12 USC 4212. 
A declarant under this chapter shall enjoy the protections of 
section 3059A(e) of title 18, United States Code. 
SEC. 2573. PROMULGATION OF REGULATIONS. 
12 USC 4213. 
The Attorney General may promulgate any rules, regulations, or 
guidelines that, in the Attorney General's judgment, are necessary 
and appropriate to the effective administration of this chapter. 
CHAPTER 
2—DECLARATIONS PROVIDING THE 
UNITED 
STATES WITH NEW INFORMATION CONCERNING THE 
RECOVERY OF ASSETS 
SEC. 2576. FILING OF CONFIDENTIAL DECLARATIONS BY PRIVATE PER- 
12 USC 4221. 
SONS IDENTIFYING SPECIFIC ASSETS. 
(a) IN GENERAL.—After the United States obtains a final judgment 
or settlement in any action referred to in section 2561, gmy person 
may file a declaration identifying specific assets which might be 
104 STAT. 4900 
PUBLIC LAW 101-647—NOV. 29, 1990 
recovered by the United States in satisfaction of that judgment or 
settlement. 
(b) PLACE OF FILING.—A declaration under subsection (a) shall be 
filed with the Attorney General of the United States or with an 
agent designated by him for receiving declarations under this 
section. 
12 use 4222. 
SEC. 2577. CONTENTS OF DECLARATIONS. 
A declaration filed pursuant to section 2576 shall— 
(1) set forth the name and address of the declarant and the 
basis for the declarant's knowledge of the facts alleged; 
(2) allege under oath or affirmation specific facts indicating 
the nature, location, and approximate dollar value of the asset 
or assets and the names of all persons known to the declarant to 
have possession, custody, or control of the asset or assets; and 
(3) allege under oath or affirmation specific facts that estab-
lish a prima facie case showing that the asset is legally subject 
to attachment, garnishment, sequestration, or other proceeding 
in satisfaction of the judgment referred to in section 2576. 
12 use 4223. 
SEC. 2578. CONFIDENTIALITY OF DECLARATIONS. 
(a) PERIOD OF CONFIDENTIALITY.—A declarant and the declarant's 
agents shall not disclose the existence or filing of a declaration filed 
pursuant to section 2576 until: 
(1) the declarant receives notice that the Attorney General 
has concluded that an action should not be pursued under 
section 2581(b); 
(2) the declarant receives notice of an award pursuant to 
section 2581(c); or 
(3) the declarant is granted a contract to pursue an action 
under section 2580(b) or 2582. 
(b) MAINTENANCE OF CONFIDENTIALITY TO PREVENT PREJUDICE.—(1) 
Notwithstanding any other law, the contents of a declaration shall 
not be disclosed by the declarant if the disclosure would prejudice or 
compromise in any way the completion of any government inves-
tigation or any criminal or civil case that may arise out of, or make 
use of, information contained in a declaration, but information 
contained in a declaration may be disclosed as required by duly 
issued and authorized legal process. 
(2) The Attorney General may in a circumstance described in 
paragraph (1) notify a declarant that continued confidentiality is 
required under this subsection notwithstanding paragraph (1) or (2) 
of subsection (a). 
(c) Loss OF RIGHTS.—A declarant who discloses, except as provided 
by this chapter, the existence or filing of a declaration or the 
contents thereof to anyone other than a duly authorized Federal or 
State investigator or the declarant's attorney shall immediately lose 
all rights under this chapter. 
12 use 4224. 
SEC. 2579. INELIGIBILITY TO FILE VALID DECLARATIONS. 
(a) IN GENERAL.—A declaration filed pursuant to section 2576 and 
in accordance with sections 2577 and 2578 is valid unless— 
(1) the declaration is filed by a current or former officer or 
employee of a Federal or State government agency or 
instrumentality who discovered or gathered the information in 
the declaration, in whole or in part, while acting within the 
course of the declarant's government employment; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4901 
(2) the declaration is filed by a person who knowingly partici-
pated in the violation of section 1517 of title 18, United States 
Code, or any of the sections of title 18, United States Code, 
referred to in section 2561, or any other fraudulent conduct with 
respect to which the declaration is made; 
(3) the declaration is filed by an institution-affiliated party (as 
defined in section 3(u) of the Federal Deposit Insurance Act (12 
U.S.C. 1813(u)) who withheld information during the course of 
any bank examination or investigation authorized pursuant to 
section 10 of such Act (12 U.S.C. 1820) which such party owed a 
fiduciary duty to disclose; 
(4) the declaration is filed by a member of the immediate 
family of the individual whose activities are the subject of the 
declaration or where, in the discretion of the Attorney General, 
it appears the individual could benefit from the award; or 
(5) the declaration identifies an asset or assets the nature, 
location, or possible recovery of which has been disclosed to a 
member of the public in a criminal, civil, or administrative 
proceeding, in a congressional, administrative, or Greneral 
Accounting Office report, hearing, audit or investigation, by any 
other government source, or by the news media, unless the 
person providing the declaration is the original source of the 
information. 
(b) DEFINITION.—For the purposes of subsection (aX5), the term 
"original source" means a person who has direct and independent 
knowledge of the information contained in the declaration and who 
voluntarily provided the information to the government prior to the 
disclosure. 
(c) NOTICE OF INVAUDITY.—If the Attorney General determines at 
any time that a declaration is invalid under this section, that a 
declaration fails to meet the requirements of section 2577, or that a 
declaration has been disclosed in violation of section 2578, the 
Attorney General sh£ill notify the person who filed the declaration 
in writing that the declaration is invalid, and the declarant shall not 
enjoy £my of the rights of the declarant listed in section 2580 or 2581. 
SEC. 2580. RIGHTS 
OF 
DECLARANTS; PARTICIPATION IN 
ACTIONS, 12 USC 4225. 
AWARDS. 
(a) IN GENERAL.—A person who has fUed a declaration that meets 
the requirements of sections 2576 through 2579 shall have the rights 
stated in this section. 
(b) CIVIL ACTION.—If the Attorney Greneral determines that a 
proceeding to recover the asset or assets identified in the declaration 
should be referred to private counsel pursuant to chapter 4, the 
declarant, after consultation with the Attorney General, shall have 
the right to select counsel to prosecute the action, and the declarant 
and the declarcmt's counsel shall act in accordance with chapter 4. 
(c) SHARE OF ASSETS.—When the United States recovers any asset 
or assets specifically identified in a valid declaration filed under 
section 2576 and the Attorney Genered determines that the asset or 
assets would not have been recovered if the declaration had not been 
filed, the declarant shall have the right to share in the recovery in 
the amount of 20 percent to 30 percent of any recovery up to the 
first $1,000,000 recovered, 10 percent to 20 percent of the next 
$4,000,000 recovered, and 5 percent to 10 percent of the next 
$5,000,000 recovered. 
104 STAT. 4902 
PUBLIC LAW 101-647—NOV. 29, 1990 
(d) PROHIBITION OF DOUBLE AWARDS.—(1) No person shall receive 
both an award under this section and a reward under either section 
34 of the Federal Deposit Insurance Act or section 3509A of title 18, 
United States Code, for providing the same or substantially similar 
information. 
(2) When a person qualifies for both an award under this section 
and a reward under either section 34 of the Federal Deposit Insur-
ance Act or section 3509A of title 18, United States Code, for 
providing the same or substantially similar information, the person 
may notify the Attorney General in writing of the person's election 
to seek an award under this section or a reward under such other 
section. 
(e) APPROPRIATE FEDERAL BANKING AGENCY EXCEPTION.—For pur-
poses of this section, funds or assets acquired by the United States 
shall not include any funds or assets acquired by any appropriate 
Federal banking agency acting in any capacity or the Resolution 
Trust Corporation acting in any capacity, except for any civil money 
penalties recovered by a Federal banking agency through a final 
judgement, order, or settlement. 
12 u s e 4226. 
SEC. 2581. RIGHTS OF DECLARANTS; NOTIFICATIONS; GOVERNMENT 
ACCOUNTABILITY. 
(a) IN GENERAL.—A person who has filed a declaration that meets 
the requirements of sections 2576 through 2579 shall have the rights 
stated in this section. 
(b) NOTICE OF DECISION NOT TO PURSUE.—If, after review, the 
Attorney General concludes that the information contained in a 
declaration should not be pursued in a proceeding to recover the 
asset or assets, the Attorney General shall so notify the declarant in 
writing £ind shall provide a brief statement of the reasons that the 
declaration will not be pursued. 
(c) JUDGMENT, ORDER, OR SETTLEMENT.—(1) When the United 
States obtains a final judgment, order, or settlement transferring to 
the United States title to an asset or assets identified in a valid 
declaration filed under section 831, the Attorney General shall 
notify the declarant in writing of the entry of the judgment, order, 
or settlement. 
(2) A notice described in paragraph (1) shall contain— 
(A) the Attorney General's determination of the amount of 
the award due the declargmt under section 2580(c) upon recov-
ery by the United States; and 
(B) a short statement of reasons for the amount of the award. 
(d) NOTICE OP PENDENCY OF INVESTIGATION OR PROCEEDING.—(1) 
Subject to paragraph (2), if the Attorney General has not provided 
the declarant with notice under subsection (b) or a notice of invalid-
ity pursuant to section 2579 within 1 year after the date of filing of 
the declaration, the Attorney General shall notify the declarant in 
writing that— 
(A) there is a pending investigation or proceeding in the 
course of which the declarant's allegations are being addressed; 
or 
(B) the declarant's allegations have not yet been addressed. 
(2) If the Attorney General certifies that it is in the interest of the 
United States to give further consideration to the information pro-
vided in the declaration for an additional 90-day period, the Attor-
ney General shall so notify the declarant in writing. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4903 
(e) CONFIDENTIALITY OF NOTICES.—All notices provided to a declar-
ant under this section shall be kept confidential by the declarant in 
the same manner, and subject to the same penalties, as the declara-
tion under section 2578. 
SEC. 2582. UNREVIEWED DECLARATIONS; PETITION TO PURSUE ACTION 12 USC 4227. 
AS PRIVATE CONTRACTOR. 
(a) NOTIFICATION.—(1) If, pursuant to section 2581(d)(1)(B), the 
Attorney General notifies a declarant that the declarant's allega-
tions have not yet been addressed, the declarant may notify the 
Attorney General to award a contract pursuant to chapter 4 to 
pursue the case. 
(2) A declarant's notification under paragraph (1) shall be filed 
with the Attorney General not later than 30 days after the date of 
service of notice under section 2581(d)(1)(B), and the Attorney Gen-
eral shall respond to the notification not later than 30 days after 
receipt. 
(b) CONTENTS OF RESPONSE.—In response to a notification under 
subsection (a)(1), the Attorney General shall— 
(1) grant a contract pursuant to chapter 4; or 
(2) proceed with an action. 
(c) GRANT OF CONTRACT.—If the Attorney General decides to grant 
a contract, the declarant, after consultation with the Attorney 
General, shall have the right to select counsel to prosecute an 
action, and the declarant and the declarant's counsel shall act in 
accordance with chapter 4. 
SEC. 2583. NONREVIEWABILITY OF ACTION BY THE ATTORNEY GENERAL. 12 USC 4228. 
Notwithstanding any other law, no court shall have jurisdiction 
over any claim based on any action taken by the Attorney General 
or any refusal to take action under this chapter, except for failure to 
provide notification under section 2581. 
SEC. 2584. PROTECTION FOR DECLARANTS. 
12 USC 4229. 
A declarant under this chapter shall enjoy the protections of 
section 3059A(e) of title 18, United States Code. 
SEC. 2585. PROMULGATION OF REGULATIONS. 
12 USC 4230. 
The Attorney General may promulgate any rules, regulations, or 
guidelines that, in the Attorney General's judgment, are necessary 
and appropriate to the effective administration of this chapter. 
CHAPTER 3—REWARDS FOR INFORMATION LEADING TO 
RECOVERIES, CIVIL PENALTIES, OR PROSECUTIONS 
SEC. 2586. REWARD FOR INFORMATION LEADING TO RECOVERIES OR 
CIVIL PENALTIES. 
Section 34(a) of the Federal Deposit Insurance Act (12 U.S.C. 
1831k(a)) is amended— 
(1) in paragraph (1) by striking ", in an amount that exceeds 
$50,000,"; and 
(2) by amending paragraph (2) to read as follows: 
"(2) a forfeiture under section 981 or 982 of title 18, United 
States Code, that arises in connection with a depository institu-
tion insured by the Federal Deposit Insurance Corporation". 
9-194 O - 91 - 17 : QL 3 Part 6 
104 STAT. 4904 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 2587. REWARD FOR INFORMATION LEADING TO POSSIBLE PROSECU-
TION. 
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE.—Chapter 203 of 
title 18, United States Code, is amended by inserting after section 
3059 the following new section: 
"§ 3059A. Special rewards for information relating to certain 
Hnancial institution offenses 
"(aXD In special circumstances and in the Attorney Greneral's sole 
discretion, the Attorney General may make payments to persons 
who furnish information unknown to the Government relating to a 
possible prosecution under section 215, 287, 656, 657, 1001, 1005, 
1006, 1007, 1014, 1032, 1341, 1343, or 1344 of this title affecting a 
depository institution insured by the Federal Deposit Insurance 
Corporation or any other agency or entity of the United States, or to 
a possible prosecution for conspiracy to commit such an offense. 
"(2) The amount of a payment under paragraph (1) shall not 
exceed $50,000 and shall be paid from the Financial Institution 
Information Award Fund established under section 2569 of the 
Financial Institutions Anti-Fraud Enforcement Act of 1990. 
"(b) A person is not eligible for a payment under this subsection 
(a)if-
"(1) the person is a current or former officer or employee of a 
Federal or State government agency or instrumentality who 
furnishes information discovered or gathered in the course of 
his government emplo5mient; 
"(2) the furnished information consists of allegations or trans-
actions that have been disclosed to a member of the public in a 
criminal, civil, or administrative proceeding, in a congressional, 
administrative, or General Accounting Office report, hearing, 
audit or investigation, from any other government source, or 
from the news media unless the person is the original source of 
the information; 
"(3) the person is an institution-affiliated party (as defined in 
section 3(u) of the Federal Deposit Insurance Act, 12 U.S.C. 
1813(u)) which withheld information during the course of any 
bank examination or investigation authorized pursuant to sec-
tion 10 of such Act (12 U.S.C. 1820) who such party owed a 
fiduciary duty to disclose; 
"(4) the person is a member of the immediate family of the 
individual whose activities are the subject of the declaration or 
where, in the discretion of the Attorney General, it appears the 
individual could benefit from the award; or 
"(5) the person knowingly participated in the violation of the 
section with respect to which the payment would be made. 
"(c) For the purposes of this subsection (bX2), the term 'original 
source' means a person who has direct and independent knowledge 
of the information on which the allegations are based and has 
voluntarily provided the information to the Government prior to the 
disclosure. 
"(d) Neither the failure of the Attorney General to authorize a 
payment nor the amount authorized shall be subject to judicial 
review. 
"(e)(1) A person who— 
"(A) is discharged, demoted, suspended, threatened, harassed, 
or in any other manner discriminated against in the terms and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4905 
conditions of employment by an employer because of lawful acts 
done by the person on behalf of the person or others in further-
ance of a prosecution under any of the sections referred to in 
subsection (a) (including provision of information relating to, 
investigation for, initiation of, testimony for, or assistance in 
such a prosecution); and 
"(B) was not a knowing participant in the unlawful activity 
that is the subject of such a prosecution, 
may, in a civil action, obtain all relief necessary to make the person 
whole. 
"(2) Relief under paragraph (1) shall include— 
"(A)(i) reinstatement with the same seniority status; 
"(ii) 2 times the amount of back pay plus interest; and 
"(iii) interest on the backpay, 
that the plaintiff would have had but for the discrimination; 
and 
"(B) compensation for any special damages sustained as a 
result of the discrimination, including litigation costs and 
reasonable attorney's fees.". 
(b) TECHNICAL AMENDMENT.—The chapter heading for chapter 203 
of title 18, United States Code, is amended by inserting after the 
item relating to section 3059 the following new item: 
"3059A. Special rewards for information relating to certain financial institution 
offenses". 
CHAPTER 4—USE OF PRIVATE LEGAL RESOURCES 
SEC. 2588. AUTHORITY TO ENTER INTO CONTRACTS FOR PRIVATE 12 USC 4241. 
COUNSEL. 
(a) IN GENERAL.—The Attorney General may enter into contracts 
retaining private counsel to furnish legal services, including rep-
resentation in investigation, negotiation, compromise, settlement, 
litigation, and execution of judgments in the case of any civil action 
referred to in section 2561 or section 2580. 
(b) TERMS AND CONDITIONS.—Each contract under subsection (a) 
shall include the provisions described in section 2591 and such other 
terms and conditions as the Attorney General considers necessary 
and appropriate to protect the interests of the United States. 
(c) LIMITATION OF FEE.—The amount of the contingency fee pay-
able for legal services furnished under a contract described in 
subsection (a) shall not exceed the contingency fee that counsel 
engaged in the private practice of law in the jurisdiction wherein 
the legal services are furnished typically charge clients for furnish-
ing the same or comparable legal services. 
(id) CONTINGENT FEES.—Notwithstanding section 3302(b) of title 31, 
United States Code, a contract under this section shall provide that 
a fee that the United States pays private counsel for services is 
payable from the amount recovered and shall be based on a percent-
age of the civil penalties or assets recovered. 
SEC. 2589. CONTRACT DECISIONS NONREVIEWABLE. 
12 USC 4242. 
Notwithstanding any other law, no court shall have jurisdiction 
over any claim based on the Attorney General's decision to refuse to 
enter into a contract for legal services referred to in section 2588. 
104 STAT. 4906 
PUBLIC LAW 101-647—NOV. 29, 1990 
12 use 4243. 
SEC. 2590. REPRESENTATION. 
Notwithstanding sections 516, 518(b), 519, and 547(2) of title 28, 
United States Code, private counsel retained under section 2588 
may represent the United States in litigation in connection with 
legal services furnished pursuant to the contract entered into with 
that counsel, subject to the requirements specified in section 2591. 
12 use 4244. 
SEC. 2591. CONTRACT PROVISIONS. 
A contract made with a private counsel under section 2588 shall 
include— 
(1) a provision permitting the Attorney Genersd to terminate 
either the contract or the private counsel's representation of the 
United States in particular cases if the Attorney General finds 
that such action is in the best interests of the United States; 
^P***^- 
(2) a provision requiring private counsel to transmit monthly 
to the Attorney General a report on the services relating to 
matters handled pursuant to the contract during the preceding 
month and the progress made during that period; and 
(3) a provision requiring that the initiation, settlement, 
dismissal, or compromise of a clsdm be approved by a duly 
appointed officer of the United States. 
12 use 4245. 
SEC. 2592. COUNTERCLAIMS. 
Any counterclaim filed in any action brought on behalf of the 
United States by private counsel retained under section 2588 may 
not be asserted unless the counterclaim has been served directly on 
the Attorney General and the United States Attorney for the ju-
dicial district in which, or embracing the place in which, the action 
is pending. Such service shall be made in accordance with the rules 
of procedure of the court in which the action on behalf of the United 
States is pending. 
12 use 4246. 
SEC. 2593. AWARDS OF COSTS AND FEES TO PREVAILING PLAINTIFF. 
When the United States, through private counsel retained under 
this chapter, prevails in any civil action, the court, in its discretion, 
may allow the United States reasonable attorney's fees and other 
expenses of litigation as part of the costs. 
12 use 4247. 
SEC. 2594. PROMULGATION OF REGULATIONS. 
The Attorney General may promulgate any rules, regulations, or 
guidelines that, in the Attorney General's judgment, are necessary 
and appropriate to the effective administration of this chapter. 
Subtitle I—Technical and Miscellaneous 
Amendments 
SEC. 2595. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE, 
RELATING TO REFERENCES TO BANKING INSTITUTIONS AND 
AGENCIES. 
(a) IN GENERAL.— 
(1) THEFT, EMBEZZLEMENT, OR MISAPPUCATION BY BANK OFFICER 
O
R EMPLOYEE.—Section 656 of title 18, United States Code, is 
amended— 
(A) by inserting "depositorv institution holding com-
pany," before "national bank' the 1st place such term 
appears in the 1st sentence; 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4907 
(B) by inserting "or holding company" after "such bank" 
each place such term appears in the 1st paragraph; and 
(C) by adding at the end of the 2d paragraph the following 
new sentence: "For purposes of this section, the term 
'depository institution holding company' has the meaning 
given such term in section 3 of the Federal Deposit Insur-
ance Act.". 
(2) LENDING, CREDIT, AND INSURANCE INSTITUTIONS.—Section 
• 
657 of title 18, United States Code, is amended— 
(A) by striking "Home Owiiers' Loan Corporation," and 
inserting "Office of Thrift Supervision, the Resolution 
Trust Corporation, any Federal home loan bank, the Fed-
eral Housing Finance Board,"; and 
(B) by striking "institution the accounts of which are 
insured by the Federal Savings and Loan Insurance Cor-
; 
poration" and inserting "institution, other than an insured 
"
^ 
bank (as defined in section 656), the accounts of which are 
insured by the Federal Deposit Insurance Corporation". 
(3) BANK ENTRIES, REPORTS, AND TRANSACTIONS.—Section 1005 
of title 18, United States Code, is amended— 
(A) by inserting "or company" after "such bank" each 
place such term appears in the 1st paragraph; 
(B) by striking "bank or savings and loan" and inserting 
"depository institution"; and 
(C) by adding at the end of the 6th undesignated para-
graph the following new sentence: "For purposes of this 
section, the term 'depository institution holding company' 
has the meaning given such term in section 3(wXl) of the 
Federal Deposit Insurance Act.". 
(4) FEDERAL CREDIT INSTITUTION ENTRIES, REPORTS, AND TRANS-
ACTIONS.—Section 1006 of title 18, United States Code, is 
amended— 
(A) by striking "Home Owners' Loan Corporation," and 
inserting "Office of Thrift Supervision, any Federal home 
loan bank, the Federal Housing Finance Board, the Resolu-
tion Trust Corporation,"; and 
(B) by striking "institution the accounts of which are 
insured by the Federal Savings and Loan Insurance Cor-
poration" and inserting "institution, other than an insured 
hank (as defined in section 656), the accounts of which are 
insured by the Federal Deposit Insurance Corporation". 
(5) LOANS AND CREDIT APPUCATIONS GENERALLY; RENEWALS 
>
_
j
, AND DISCOUNTS.—Section 1014 of title 18, United States Code, is 
amended— 
(A) by striking "the Federal Home Loan Bank System," 
and inserting "the Office of Thrift Supervision, any Federal 
% 
home loan bank, the Federal Housing Finance Board,"; and 
(B) by inserting a comma after "Resolution Trust 
Corporation". 
« 
(b) INDICTMENTS AND INFORMATION DISMISSED BEFORE PERIOD OF 
LIMITATIONS.—Section 3289 of title 18, United States Code, is 
amended by striking "or, in the event of an appeal, within 60 days of 
the date the dismissal of the indictment or information becomes 
final," where such term appears and inserting such term after 
"expiration of the applicable statute of limitations,". 
104 STAT. 4908 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 2596. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(a) CEASE AND DESIST AUTHORITY.—Section 8(b) of the Federal 
Deposit Insurance Act (12 U.S.C. 1818(b)) is amended— 
(1) in paragraph (6), by inserting "or remedy" after "to take 
affirmative action to correct"; and 
(2) in paragraph (4), by striking "subsections (c), (d), (h), (i), (k), 
(1), (m), and (n) and inserting "subsections (c) through (s) and 
subsection (u)". 
(b) TEMPORARY ORDERS.—Section 8(c)(1) of the Federal Deposit 
Insurance Act (12 U.S.C. 1818(c)(1)) is amended— 
(1) by inserting "or remedy" after "to take affirmative action 
to prevent"; and 
(2) by striking "(b)(6)(B)" and inserting "(b)(6)". 
(c) RIGHT TO FINANCIAL PRIVACY.—Section 1101(6)(B) of the Right 
to Financial Privacy Act of 1978 (12 U.S.C. 3401(6)(B)) by striking 
"3(fKl)" and inserting "4(f)(1)". 
(d) VIOLATIONS TO WHICH CIVIL MONEY PENALTIES APPLIES.—Sec-
tion 951(c)(1) of the Financial Institutions Reform, Recovery, and 
12 use 1833a. 
Enforcement Act of 1989 is amended— 
(1) by inserting "287,1001,1032," before "1341;"; and 
(2) by adding at the end thereof the following new flush 
sentence: 
, 
"This section shall apply to violations occurring on or after August 
10,1984." 
SEC. 2597. AMENDMENTS TO INCLUDE 
VARIOUS 
ENTITIES WHICH 
ENGAGE IN INTERNATIONAL BANKING BUSINESS WITHIN 
THE UNITED STATES WITHIN THE SCOPE OF FINANCIAL 
CRIME PROVISIONS. 
(a) DEFINITION OF FINANCIAL INSTITUTION.—Section 20 of title 18, 
United States Code, is amended— 
(1) by striking the period at the end of paragraph (6) and 
inserting a semicolon; and 
(2) by adding at the end the following new paragraphs: 
"(7) a Federal Reserve bank or a member bank of the Federal 
Reserve System; 
"(8) an organization operating under section 25 or section 
25(a) of the Federal Reserve Act; or 
"(9) a branch or agency of a foreign bank (as such terms are 
defined in paragraphs (1) and (3) of section 1(b) of the Inter-
•' 
national Banking Act of 1978).". 
(b) OFFER OF LOAN OR GRATUITY TO BANK EXAMINER.—Section 212 
of title 18, United States Code, is amended— 
(1) in the 1st undesignated paragraph— 
(A) by striking "System or the deposits of which" and 
inserting "System, or the deposits of which"; 
(B) by inserting "or which is a branch or agency of a 
foreign bank (as such terms are defined in paragraphs (1) 
and (3) of section 1(b) of the International Banking Act of 
- 
. 
1978), or which is an organization operating under section 
25 or section 25(a) of the Federal Reserve Act," after "de-
' 
posits of which are insured by the Federal Deposit Insur-
ance Corporation,"; and 
(C) by inserting "branch, agency, organization," after 
"who examines or has authority to examine such bank,"; 
and 
(2) in the 2d undesignated paragraph— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4909 
(A) by striking "System or insured" and inserting 
"System, insured"; and 
(B) by inserting "branches or agencies of foreign banks 
(as such terms are defined in paragraphs (1) and (3) of 
section 1(b) of the International Banking Act of 1978), 
organizations operating under section 25 or section 25(a) of 
the Federal Reserve Act," after "financial institutions,". 
(c) ACCEPTANCE OF LOAN OR GRATUITY BY BANK EXAMINER.— 
Section 213 of title 18, United States Code, is amended— 
(1) by striking "System or financial institutions the deposits of 
which" and inserting "System, financial institutions the de-
posits of which"; 
(2) by inserting "which are branches or agencies of foreign 
banks (as such terms are defined in paragraphs (1) and (3) of 
section 1(b) of the International Banking Act of 1978), or which 
are organizations operating under section 25 or section 25(a) of 
the Federal Reserve Act," after "deposits of which are insured 
by the Federal Deposit Insurance Corporation,"; 
(3) by inserting "branch, agency, 
after "accepts a loan or 
gratuity from any bank,". 
(d) CUSTODIANS, GENERALLY, MISUSING PUBLIC FUNDS.—Section 
648 of title 18, United States Code, is amended by inserting ", 
including any branch or agency of a foreign bank (as such terms are 
defined in paragraphs (1) and (3) of section 1(b) of the International 
Banking Act of 1978)," after "or deposits in any bank". 
(e) THEFT BY EXAMINER.—Section 655 of title 18, United States 
Code, is amended— 
(1) in the 1st undesignated paragraph— 
(A) by striking "System or which is insured" and insert-
ing "System, which is insured"; 
(B) by inserting "which is a branch or agency of a foreign 
bank (as such terms are defined in paragraphs (1) and (3) of 
! 
section 1(b) of the International Banking Act of 1978), or 
which is an organization operating under section 25 or 
section 25(a) of the Federal Reserve Act," after "by the 
Federal Deposit Insurance Corporation,"; and 
(C) by inserting "branch, agency, or organization," after 
"premises of such bank,"; and 
(2) in the 2d undesignated paragraph— 
(A) by striking "System or banks the deposits of which" 
and inserting "System, banks the deposits of which"; and 
(B) by inserting "branches or agencies of foreign banks 
(as such terms are defined in paragraphs (1) and (3) of 
section 1(b) of the International Banking Act of 1978), or 
organizations operating under section 25 or section 25(a) of 
the Federal Reserve Act," after "are insured by the Federal 
Deposit Insurance Corporation,". 
(f) 
THEFT, EMBEZZLEMENT, OR MISAPPUCATION BY BANK OFFICER 
OR EMPLOYEE.—Section 656 of title 18, United States Code (as 
amended by section 2104(b) of this subtitle) is amended— 
(1) in the 1st undesignated paragraph— 
(A) by striking "national bank, or insured bank" and 
inserting "national bank, insured bank, branch or agency of 
a foreign bank, or organization operating under section 25 
or section 25(a) of the Federal Reserve Act,"; 
(B) by inserting "insured bank, branch, agency, or 
organization" after "receiver of a national bank,"; 
104 STAT. 4910 
PUBLIC LAW 101-647—NOV. 29, 1990 
(C) by inserting ", branch, agency, or organization" after 
"misapplies any of the moneys, funds or credits of such 
bank"; 
(D) by inserting "branch, agency, or organization," after 
"custody or care of such bank, ; and 
(2) in the 2d undesignated paragraph— 
(A) bv striking "and" after "one of the Federal Reserve 
banks;'; and 
(B) by inserting before the period the following: "; and the 
term 'branch or agency of a foreign bank' means a branch 
or agency described in section 20(9) of this title". 
(g) CERTIFICATION OF CHECKS.—Section 1004 of title 18, United 
States Code, is amended— 
(1) by striking "or" after "Federal Reserve bank" and insert-
ing a comma; 
(2) by inserting "insured bank (as defined in section 3(h) of the 
Federal Deposit Insurance Act), branch or agency of a foreign 
bank (as such terms are defined in paragraphs (1) and (3) of 
section 1(b) of the International Banking Act of 1978), or 
organization operating under section 25 or section 25(a) of the 
Federal Reserve Act,' after "member bank of the Federal Re-
serve System,"; and 
(3) by inserting ", branch, agency, or organization," after "has 
been regularly deposited in the bank". 
(h) BANK ENTRIES, REPORTS, AND TRANSACTIONS.—Section 1005 of 
title 18, United States Code (as smiended by section 2104(d) of this 
subtitle) is amended— 
(1) in the 1st undesignated paragraph— 
(A) by striking "national bank or insured bank" and 
inserting "national bank, insured bank, branch or agency of 
a foreign bank, or organization operating under section 25 
or section 25(a) of the Federal Reserve Act,"; and 
(B) by inserting ", branch, agency, or organization" after 
"of such bank" each place such term appears; 
(2) in the 3d undesignated paragraph, by striking "bank or 
company" each place such term appears and inserting "bank, 
company, branch, gigency, or organization"; and 
(3) in the last undesignated paragraph— 
(A) by striking and" after "one of the Federal Reserve 
banks;'; and 
(B) by inserting before the period the following: "; and the 
term 'branch or agency of a foreign bank' means a branch 
or agency described in section 20(9) of this title". 
(i) FALSE STATEMENTS IN LOAN, CREDIT, AND CROP INSURANCE 
APPUCATIONS.—Section 1014 of title 18, United States Code (as 
amended by section 2104(g) of this subtitle) is amended by inserting 
"a branch or agency of a foreign bank (as such terms are defined in 
paragraphs (1) and (3) of section 1(b) of the International Banking 
Act of 1978), or an organization operating under section 25 or section 
25(a) of the Federal Reserve Act," after "or the National Credit 
Union Administration Board". 
(j) FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUT-
ERS.—Section 1030(eX4) of title 18, United States Code, is amended— 
(1) by striking "and" at the end of subparagraph (F); 
(2) by striking the period at the end of subparagraph (G) and 
inserting a semicolon; and 
(3) by adding at the end the following new subparagraphs: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4911 
"(H) a branch or agency of a foreign bank (as such terms 
are defined in paragraphs (1) and (3) of section 1(b) of the 
International Banking Act of 1978); and 
"(I) an organization operating under section 25 or section 
25(a) of the Federal Reserve Act.", 
(k) DISCLOSURE OF INFORMATION FROM A BANK EXAMINATION 
REPORT.—Section 1906 of title 18, United States Code, is amended— 
(1) by striking "System, or bank insured" and inserting 
"System, any bank insured"; 
(2) by inserting ", any branch or agency of a foreign bank (as 
such terms are defined in paragraphs (1) and (3) of section 1(b) of 
the International Banking Act of 1978), or any organization 
operating under section 25 or section 25(a) of the Federal Re-
serve Act," 
after 
"by 
the 
Federal 
Deposit 
Insurance 
Corporation"; 
(3) by inserting "branch, agency, or organization," after 
"proper officers of such bank,"; 
(4) by inserting "or a Federal branch or Federal agency (as 
such terms are defined in paragraphs (5) and (6) of section 1(b) of 
the International Banking Act of 1978)" after "national bank"; 
(5) by inserting ", an uninsured State branch or State agency 
(as such terms are defined in paragraphs (11) and (12) of section 
1(b) of the International Banking Act of 1978), or an organiza-
tion operating under section 25 or section 25(a) of the Federal 
Reserve Act" after "as to a State member bank"; 
(6) by inserting ", including any insured branch (as defined in 
section 3(s) of the Federal Deposit Insurance Act)," after "any 
other insured bank"; and 
(7) by inserting "or organization" after "board of directors of 
such bank". 
(1) BANK ROBBERY AND INCIDENTAL CRIMES.—Section 2113(f) of title 
18, United States Code, is amended by inserting "including a branch 
or agency of a foreign bank (as such terms are defined in paragraphs 
(1) and (3) of section 1(b) of the International Banking Act of 1978)," 
after "operating under the laws of the United States,'. 
TITLE XXVI—LICIT OPIUM IMPORTS 
SEC. 2601. UNITED STATES POLICY REGARDING IMPORTATION OF NAR-
COTIC RAW MATERIAL. 
India. 
Turkey. 
(a) REVIEW REQUIRED.—The President shall conduct a review of 
United States narcotics raw material policy to determine the advis-
ability of continued reliance on the "80-20 rule" (21 C.F.R. sec. 
1312.13) by which at least 80 percent of United States imports of 
narcotics raw material must come from India and Turkey. 
(b) AGENCIES TO BE INVOLVED.—This review shall include informa-
tion and views from the Department of State, the Administrator of 
the Drug Enforcement Administration, and the Secretary of the 
Department of Health and Human Services, the Secretary of Com-
merce and any other agencies the President determines appropriate. 
(c) NATURE AND CONTENTS.—This review shall include— 
(1) a report on the extent of the diversion taking place from Reports, 
the licit to the illicit market in India from the farm gate 
through the stockpile; 
(2) an evaluation of the efforts being made by the Government 
of India to stop diversion from the licit to the illicit market, to 
104 STAT. 4912 
PUBLIC LAW 101-647—NOV. 29, 1990 
President. 
limit its stockpile of opium gum, and to limit and regulate the 
amount of land and number of farmers devoted to poppy cul-
tivation, and the success or failure of these efforts; 
(3) a description of the steps the President has taken to 
encourage these actions on the part of the Indian government, 
what further steps are contemplated and what action will be 
taken if Indian action proves ineffective; 
(4) an assessment of whether continued reliance on the 80-20 
rule serves to encourage these actions, an assessment of what 
circumstances would make continued reliance on the rule un-
acceptable to the President, and proposals for executive or 
legislative modification of the rule under those circumstances; 
(5) an assessment of the feasibility of India converting from 
the opium gum to the concentrated poppy straw method of 
opium production; 
(6) an assessment of the effects on United States supplies of 
narcotic raw material in the absence of 80-20; £md 
(7) an evaluation of the potential for market manipulation 
under the 80-20 rule. 
(d) REPORT TO CONGRESS.—The President shall report the results of 
this review to Congress not later than April 1,1991. 
TITLE XXVII—SENTENCING FOR 
METHAMPHETAMINE OFFENSES 
28 u s e 994 note. 
SEC. 2701. SENTENCING COMMISSION GUIDELINES. 
The United States Sentencing Commission is instructed to amend 
the existing guidelines for offenses involving smokable crystal meth-
amphetamine under section 401(b) of the Controlled Substances Act 
(21 U.S.C 841(b)) so that convictions for offenses involving smokable 
crystal methamphetamine will be sissigned an offense level under 
the guidelines which is two levels above that which would have been 
assigned to the same offense involving other forms of methamphet-
amine. 
TITLE XXVIII—DRUG ENFORCEMENT 
GRANTS 
42 u s e 3793. 
Appropriation 
authorization. 
SEC. 2801. BASE ALLOCATION FOR DRUG ENFORCEMENT GRANTS AND 
IMPROVING THE EFFECTIVENESS OF COURT PROCESS. 
BASE ALLOCATION FOR DRUG ENFORCEMENT GRANT.—Paragraph 
(5) of section 1001(a) of part J of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is amended to read as follows: 
"(5) There are authorized to be appropriated $900,000,000 for fiscal 
year 1991 and such sums as may be necessary for fiscal vear 1992 to 
carry out the programs under parts D and E of this title.'. 
TITLE XXIX—PRISONS 
SEC. 2901. REPORT WITH RESPECT TO FEDERAL PRISON INDUSTRIES. 
Section 4124 of title 18, United States Code, is amended— 
(1) in the first paragraph by inserting "(a)" before 'The' 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4913 
(2) in the second paragraph by inserting "Ot))" before "Dis-
putes"; and 
(3) by adding at the end the following: 
"(c) Each Federal department, Eigency, and institution subject to 
the requirements of subsection (a) shall separately report to the 
General Services Administration all of its acquisitions of products 
and services from Federal Prison Industries, and that reported 
information shall be entered in the Federal Procurement Data 
System referred to in section 6(dX4) of the Office of Federal Procure-
ment Policy Act. Each report published by the Federal Procurement 
Data System that contains the information collected by the System 
shall include a statement to accompany the information reported by 
the department, agency, or institution under the preceding sentence 
as follows: 'Under current law, sales by Federal Prison Industries 
are considered intragovernmental transfers. The purpose of report-
ing sales by Federal Prison Industries is to provide a complete 
overview of acquisitions by the Federal Government during the 
reporting period.'. 
"(d) Within 90 days after the date of the enactment of this Government 
subsection, Federal Prison Industries shall publish a catalog of all publications, 
products and services which it offers for sale. This catalog shall be 
updated periodically to the extent necessary to ensure that the 
information in the catalog is complete and accurate.". 
SEC. 2902. PRERELEASE CUSTODY. 
(a) IN GENERAL.—Section 3624(c) of title 18, United States Code, is 
amended by inserting after the first sentence the following: "The 
authority provided by this subsection may be used to place a pris-
oner in home confinement.". 
(b) EFFECTIVE DATE.—Section 3624(c) of title 18, United States 18USC3624 
Code, £is amended by this section, shall apply with respect to all ^°*^-
inmates, regardless of the date of their offense. 
SEC. 2903. DRUG TREATMENT FOR PRISONERS. 
Section 3621(b) of title 18, United States Code, is amended by 
adding at the end the following: "The Bureau shall, to the extent 
practicable, make available appropriate substance abuse treatment 
for each prisoner the Bureau determines has a treatable condition of 
substance addiction or abuse.". 
SEC. 2904. FUNCTIONAL LITERACY REQUIREMENT FOR ALL INDIVIDUALS 
IN FEDERAL CORRECTIONAL INSTITUTIONS. 
Section 3624 of title 18, United States Code, is amended by adding 
at the end the following: 
"(f) MANDATORY FUNCTIONAL LITERACY REQUIREMENT.— 
"(1) The Attorney General shall direct the Bureau of Prisons 
to have in effect a mandatory functional literacy program for 
all mentally capable inmates who are not functionally literate 
in each Federal correctional institution within 6 months from 
the date of the enactment of this Act. 
"(2) Each mandatory functional literacy program shall in-
clude a requirement that each inmate participate in such pro-
gram for a mandatory period sufficient to provide the inmate 
with an adequate opportunity to achieve functional literacy, 
and appropriate incentives which lead to successful completion 
of such programs shall be developed and implemented. 
104 STAT. 4914 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(3) As used in this section, the term 'functional literacy' 
means— 
"(A) an eighth grade equivalence in reading and mathe-
matics on a nationally recognized standardized test; 
"(B) functional competency or literacy on a nationally 
recognized criterion-referenced test; or 
"(C) a combination of subjjaragraphs (A) and (B). 
"(4) Non-English speaking inmates shall be required to 
participate in an English-As-A-Second-Language program until 
they function at the equivalence of the eighth grade on a 
nationally recognized educational achievement test. 
"(5) The Chief Executive Officer of each institution shall have 
authority to grant waivers for good cause as determined and 
documented on an individual basis. 
Reports. 
"(6) A report shall be provided to Congress on an annual basis 
summarizing the results of this program, including the number 
of inmate participants, the number successfully completing the 
program, the number who do not successfully complete the 
- 
program, and the reasons for failure to successfully complete 
the program.". 
18 u s e 4121 
SEC. 2905. MANDATORY WORK REQUIREMENT FOR ALL PRISONERS. 
(a) IN GENERAL.—(1) It is the policy of the Federal Government 
that convicted inmates confined in Federal prisons, jails, and other 
detention facilities shall work. The type of work in which they will 
be involved shall be dictated by appropriate security considerations 
and by the health of the prisoner involved. 
(2) A Federal prisoner may be excused from the requirement to 
work only as necessitated by— 
(A) security considerations; 
(B) disciplinary action; 
(C) medical certification of disability such as would make it 
impracticable for prison officials to arrange useful work for the 
prisoner to perform; or 
(D) a need for the prisoner to work less than a full work 
schedule in order to participate in literacy training, drug re-
habilitation, or similar programs in addition to the work 
program. 
SEC. 2906. EXPANSION OF THE PRIVATE SECTOR/PRISON INDUSTRY 
ENHANCEMENT CERTIFICATION PROGRAM. 
Section 1761(c) of title 18, United States Code, is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs 
(2), (3), and (4), respectively; 
(2) by striking the matter preceding paragraph (2), as redesig-
nated by paragraph (1) of this section, and inserting the 
following: 
"(c) In addition to the exceptions set forth in subsection (b) of this 
section, this chapter shall not apply to goods, wares, or merchandise 
mginufactured, produced, or mined by convicts or prisoners who— 
"(1) are participating in—one of not more than 50 non-Federal 
prison work pilot projects designated by the Director of the 
Bureau of Justice Assistance; and"; and 
(3) in paragraph (2), as redesignated by paragraph (1) of this 
section, by amending subparagraph (B) to read as follows: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4915 
"(B) reasonable charges for room and board, as deter- 
tn; 
mined by regulations issued by the chief State correctional 
• 
officer, in the case of a State prisoner.". 
SEC. 2907. COST SAVING MEASURES. 
18 USC 4042 
The Director of the Federal Bureau of Prisons (referred to as the 
"Director") shall, to the extent practicable, take such measures as 
are appropriate to cut costs of construction. Such measures may 
include reducing expenditures for amenities including, for example, 
color television or pool tables. 
SEC. 2908. REPORT BY SECRETARY OF LABOR. 
18 USC1761 
The Secretary of Labor shall submit to the Congress not later 
than March 1, 1991, and not less often than annually thereafter, 
reports which describe in detail the extent and manner of compli-
ance by State Prison Industry Enhancement Certification programs 
with the requirements set forth in 18 U.S.C. 1761(c). 
TITLE XXX—SHOCK INCARCERATION 
SEC. 3001. SHOCK INCARCERATION PROGRAM. 
(a) IN GENERAL,—Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following: 
"§ 4046. Shock incarceration program 
< 
, 
"(a) The Bureau of Prisons may place in a shock incarceration 
program any person who is sentenced to a term of imprisonment of 
more than 12, but not more than 30, months, if such person consents 
to that placement. 
"(b) For such initial portion of the term of imprisonment as the 
Bureau of Prisons may determine, not to exceed 6 months, an 
inmate in the shock incarceration program shall be required to— 
"(1) adhere to a highly regimented schedule that provides the 
strict discipline, physical training, hard labor, drill, and cere-
mony characteristic of military basic training; and 
"(2) participate in appropriate job training and educational 
^ 
programs (including literacy programs) and drug, alcohol, and 
other counseling programs. 
"(c) An inmate who in the judgment of the Director of the Bureau 
of Prisons has successfully completed the required period of shock 
. 
:
^ 
incarceration shall remain in the custody of the Bureau for such 
period (not to exceed the remainder of the prison term otherwise 
required by law to be served by that inmate), and under such 
conditions, as the Bureau deems appropriate.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 303 of title 18, United States Code, is amended by adding 
at the end the following: 
"4046. Shock incarceration program.". 
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 
18 USC 4046 
There are authorized to be appropriated for fiscal year 1990 and 
each fiscal year thereafter such sums as may be necessary to carry 
out the shock incarceration program established under the amend-
ments made by this Act. 
- * " 
• . v^.. 
104 STAT. 4916 
' 
PUBLIC LAW 101-647—NOV. 29, 1990 
Criminal 
TITLE XXXI—BANKRUPTCY AND 
SoSon 
RESTITUTION 
Act of 1990. 
11 u s e 101 note. 
SEC. 3101. SHORT TITLE. 
This title may be cited as the "Criminal Victims Protection Act of 
1990". 
SEC. 3102. NONDISCHARGEABILITY OF CERTAIN DEBTS ARISING FROM 
UNLAWFUL DRIVING WHILE INTOXICATED OR IMPAIRED. 
(a) AMENDMENT TO CHAPTER 5.—Section 523(aX9) of title 11, 
United States Code, is amended to read as follows: 
"(9) for death or personal injury caused by the debtor's oper-
ation of a motor vehicle if such operation was unlawful because 
the debtor was intoxicated from using alcohol, a drug, or an-
other substance; or". 
OJ) AMENDMENT TO CHAPTER 13.—Section 1328(a)(2) of title 11, 
United States Code, is amended by inserting "or 523(a)(9)" after 
"523(aX5)". 
SEC. 3103. NONDISCHARGEABILITY OF CERTAIN DEBTS FOR RESTITU-
TION IMPOSED FOR COMMITTING CRIMES. 
?; Section 1328(a) of title 11, United States Code, is amended— 
(1) in paragraph (1) by striking "or" at the end, 
(2) in paragraph (2) by striking the period at the end and 
inserting "; or", and 
(3) by adding at the end the following: 
"(3) for restitution included in a sentence on the debtor's 
conviction of a crime.". 
11 u s e 523 note. 
SEC. 3104. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—This title and the amendments made by this 
title shall take effect on the date of the enactment of this Act. 
(b) APPUCATION OF AMENDMENTS.—The amendments made by this 
title shall not apply with respect to cases commenced under title 11 
of the United States Code before the date of the enactment of this 
Act. 
TITLE XXXII—MISCELLANEOUS 
28 u s e 509 note. 
SEC. 3201. AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN 
EXPENSES. 
(a) FEDERAL BUREAU OF INVESTIGATION.—For each fiscal year 
beginning after September 30, 1990, there is authorized to be appro-
priated for the Federal Bureau of Investigation $25,000, to be ex-
pended in the discretion of the Director of the Federal Bureau of 
Investigation to pay humanitarian expenses incurred— 
(1) by an employee of the Bureau as a result of serious illness, 
serious injury, or death occurring while on official business; or 
(2) by any member of the immediate family of such employee, 
incident to the serioiis illness, serious injury, or death of such 
employee occurring while on official business. 
(b) DRUG ENFORCEMENT ADMINISTRATION.—For each fiscal year 
beginning after September 30, 1990, there is authorized to be appro-
priated for the Drug Enforcement Administration $25,000„ to be 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4917 
expended at the discretion of the Administrator of the Drug Enforce-
ment Administration to pay humanitarian expenses incurred— 
(1) by an employee of the Administration as a result of serious 
illness, serious injury, or death occurring while on official busi-
ness; or 
(2) by any member of the immediate family of such employee, 
incident to the serious illness, serious injury, or death of such 
employee occurring while on official business. 
SEC. 3202. BANNING OF ISOPROPAL NITRITE AND OTHER NITRITES. 
15 USC 2057b. 
(a) IN GENERAL.—Except as provided in subsection (b), volatile 
alkyl nitrite shall be considered a banned hazardous product under 
section 8 of the Consumer Product Safety Act (15 U.S.C. 2057). 
(b) LAWFUL PURPOSES.—For the purposes of section 8 of the 
Consumer Product Safety Act, it shall not be unlawful for any 
person to manufacture for sale, offer for sale, distribute in com-
merce, or import into the United States volatile alkyl nitrites for 
any commercial purpose or any other purpose approved under the 
Federal Food, Drug, and Cosmetic Act. 
(c) DEFINITIONS.—For purposes of this section, the term "commer-
cial purpose" means any commercial purpose other than for the 
production of consumer products containing volatile alkyl nitrites 
that may be used for inhaling or otherwise introducing volatile alkyl 
nitrites into the human body for euphoric or physical effects. 
(d) EFFECTIVE DATE.—This section shall take effect 90 days after 
the date of the enactment of this Act. 
TITLE XXXIII—MISCELLANEOUS 
PROVISIONS 
SEC. 3301. UNDERCOVER OPERATIONS OF INTERNAL REVENUE SERVICE. 
(a) EXTENSION OF PROGRAM.—Paragraph (3) of section 7601(c) of 
the Anti-Drug Abuse Act of 1988 (relating to effective date) is 26 USC 7608 
amended by striking "1989" and "1990" and inserting "1991" and note. 
"1992", respectively. 
OJ) GAO STUDY.— 
« 
(1) IN GENERAL.—The Comptroller General of the United 
States shall conduct a study of undercover investigative oper-
ations of the Internal Revenue Service which were conducted 
using any authority provided in subsection (c) of section 7608 of 
the Internal Revenue Code of 1986. The study shall include an 
evaluation of— 
(A) the use of the proceeds of such operations, 
(B) the results of such operations, and 
(C) the financial audits conducted by the Internal Reve-
nue Service under such subsection. 
(2) REPORT.—Not later than July 1, 1991, the Comptroller 
General shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate the results of the study required in paragraph (1). 
SEC. 3302. DISCLOSURE OF RETURNS ON CERTAIN CASH TRANSACTIONS. 
(a) EXTENSION OF PROGRAM.—Paragraph (3) of section 7601(b) of 
the Anti-Drug Abuse Act of 1988 (relating to effective date) is 26 USC 6103 
amended by striking "2-year period" inserting "4-year period". 
^ote. 
104 STAT. 4918 
PUBLIC LAW 101-647—NOV. 29, 1990 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller Greneral of the United 
States shall conduct a study of the disclosure of returns to 
Federal agencies under paragraph (8) of section 6103(i) of the 
Internal Revenue Code of 1986. The study shall include an 
evaluation of— 
(A) the Federal agencies requesting disclosure under such 
paragraph, 
(B) the use of the information so disclosed, and 
(C) the effect of the use of such information on the 
administration of Federal criminal statutes. 
(2) REPORT.—Not later than July 1, 1991, the Comptroller 
General shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate the results of the study required in paragraph (1). 
SEC. 3303. FELONY CLASSIFICATION FOR FAILURE TO FILE RETURN ON 
CERTAIN CASH TRANSACTIONS. 
(a) IN GENERAL.—The last sentence of section 7203 of the Internal 
26 use 7203. 
Revenue Code of 1986 (relating to willful failure to file return, etc.) 
is amended by striking "by substituting" and inserting "by 
substituting 'felony' for 'misdemeanor' and". 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General of the United 
States shall conduct a study of the criminal penalties estab-
lished under section 7203 of the Internal Revenue Code of 1986 
for violations of section 60501 of such Code. The study shall 
include an evaluation of— 
(A) the number of cases in which such penalties have 
been sought for such violations, and 
(B) any change in the effectiveness of such penalties by 
reason of the amendment made by subsection (a). 
(2) REPORT.—Not later than July 1, 1991, the Comptroller 
General shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate the results of the study required in paragraph (1). 
26 use 7203 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
"°*®- 
apply to actions, and failures to act, occurring after the date of the 
enactment of this Act. 
26 u s e 6103 
SEC. 3304. CONFIDENTIALITY OF TAX RETURN INFORMATION. 
(a) IN GENERAL.—Notwithstanding any other provision of this Act, 
no commission established by this Act shall have access to any 
return or return information, except to the extent authorized by 
section 6103 of the Internal Revenue Code of 1986. 
Qa) DEFINITIONS.—For purposes of this section, the terms "return" 
and "return information" have the respective meanings given such 
terms by section 610303) of the Internal Revenue Code of 1986. 
4
2 use 3
7
2
1 
TITLE XXXIV—NATIONAL COMMISSION 
TO SUPPORT LAW ENFORCEMENT 
SEC. 3401. CONGRESSIONAL FINDINGS. 
The Congress finds that— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4919 
(1) law enforcement officers risk their lives daily to protect 
citizens, for modest rewards and too little recognition; 
(2) a significant shift has occurred in the problems that law 
enforcement officers face without a corresponding change in the 
support from the Federal Government; 
(3) law enforcement officers are on the front line in the war 
against drugs and crime; 
(4) the rate of violent crime continues to increase along with 
the increase in drug use; 
(5) a large percenteige of individuals arrested test positive for 
drug usage; 
(6) the Presidential Commission on Law Enforcement and the 
Administration of Justice of 1965 focused attention on many 
issues affecting law enforcement, and a review 25 years later 
would help to evaluate current problems, including drug-related 
crime, violence, racial conflict, and decreased funding; and 
(7) a comprehensive study of law enforcement issues, includ-
ing the role of the Federal Government in supporting law 
enforcement officers, working conditions, and responsibility for 
crime control would assist in redefining the relationships be-
tween the Federal Government, the public, and law enforce-
ment officials. 
SEC. 3402. ESTABLISHMENT. 
There is hereby established the National Commission to Support 
Law Enforcement (hereafter in this title referred to as the 
"Commission"). 
SEC. 3403. DUTIES. 
(a) IN GENERAL.—The Commission shall study and include in the 
report made under section 3407 recommendations for changes 
regarding law enforcement agencies and law enforcement issues on 
the Federal, State, and local levels, including the following: 
(1) FUNDING.—The sufficiency of funding, including a review 
v
^ . 
of grant programs at the Federal level. 
(2) 
EMPLOYMENT.—The 
conditions 
of 
law 
enforcement 
emplo3mient. 
(3) INFORMATION.—The effectiveness of information-sharing 
systems, intelligence, infrastructure, and procedures among law 
enforcement agencies of Federal, State, and local governments. 
(4) RESEARCH AND TRAINING.—The status of law enforcement 
research and education and training. 
(5) EQUIPMENT AND RESOURCES.—The adequacy of equipment, 
physical resources, and human resources. 
(6) COOPERATION.—The cooperation among Federal, State, and 
local law enforcement agencies. 
(7) RESPONSIBIUTY.—The responsibility of governments and 
law enforcement Eigencies in solving the crime problem. 
(8) IMPACT.—The impact of the criminal justice system, 
including court schedules and prison overcrowding, on law 
enforcement. 
OJ) CONSULTATION.—The Commission shall conduct surveys and 
consult with focus groups of law enforcement officers, local officials, 
and community leaders across the Nation to obtain information and 
seek advice on important law enforcement issues. 
104 STAT. 4920 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 3404. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission shall be com-
posed of 19 members as follows: 
(1) 5 individuals from national law enforcement organizations 
representing law enforcement officers, appointed jointly by the 
Speaker of the House of Representatives and the majority 
leader of the Senate. 
(2) 5 individuals from national law enforcement organizations 
representing law enforcement management, appointed jointly 
by the Speaker of the House of Representatives and the major-
ity leader of the Senate. 
(3) 2 individuals with academic expertise regarding law 
enforcement issues, appointed jointly by the Speaker of the 
House of Representatives and the majority leader of the Senate. 
(4) 2 Members of the House of Representatives, appointed 
jointly by the Speaker and the minority leader of the House of 
Representatives. 
(5) 2 Members of the Senate, appointed jointly by the majority 
leader and the minority leader of the Senate. 
(6) 1 individual involved in Federal law enforcement from the 
Department of the Treasury, appointed by the President. 
(7) 1 individual from the Department of Justice, appointed by 
the President. 
(8) The Comptroller General of the United States, who shall 
serve as the chairperson of the Commission. 
(b) COMPENSATION.— 
(1) IN GENERAL.—Members of the Commission shall receive no 
additional pay, allowances, or benefits by reason of service on 
the Commission. 
(2) TRAVEL EXPENSES.—Each member of the Commission shall 
receive travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of title 5, 
United States Code. 
SEC. 3405. EXPERTS AND CONSULTANTS. 
(a) EXPERTS AND CONSULTANTS.—The Commission may procure 
temporary and intermittent services under section 3109(b) of title 5, 
United States Code. 
(b) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, the head of any Federal agency is authorized to detail, on a 
reimbursable basis, any of the personnel of that agency to the 
Commission to assist the Commission in carrying out its duties 
under this title. 
(c) ADMINISTRATIVE SUPPORT.—The Administrator of General 
Services shall provide to the Commission, on a reimbursable basis, 
administrative support services as the Commission may request. 
SEC. 3406. POWERS OF COMMISSION. 
(a) HEARINGS.—The Commission may, for purposes of this title, 
hold hearings, sit and act at the times and places, take testimony, 
and receive evidence, as the Commission considers appropriate. 
(b) DELEGATION OF AUTHORITY.—Any member or agent of the 
Commission may, if authorized by the Commission, take any action 
the Commission is authorized to take by this section. 
(c) INFORMATION.—The Commission may secure directly from any 
Federal agency information necessary to enable it to carry out this 
title. Upon request of the chairperson of the Commission, the head 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4921 
of an agency shall furnish the information to the Commission to the 
extent permitted by law. 
(d) GIFTS AND DONATIONS.—The Commission may accept, use, and 
dispose of gifts or donations of services or property. 
(e) MAILS.—The Commission may use the United States mails in 
the same manner and under the same conditions as other Federal 
agencies. 
SEC. 3407. REPORT. 
Not later than the expiration of the 18-month period beginning on 
the date of the enactment of this title, the Commission shall submit 
to the Congress a report containing the findings of the Commission 
and specific proposals for legislation and administrative actions that 
the Commission has determined to be appropriate. 
SEC. 3408. TERMINATION. 
The Commission shall cease to exist upon the expiration of the 60-
day period beginning on the date on which the Commission submits 
its report under section 3407. 
TITLE XXXV—TECHNICAL AND MINOR 
SUBSTANTIVE AMENDMENTS 
SEC. 3501. MODIFICATION OF APPROVAL REQUIREMENTS FOR GOVERN-
MENT SENTENCE APPEALS. 
Section 374200) of title 18, United States Code, is amended— 
(1) by striking ", with the personal approval of the Attorney 
General or the Solicitor General"; and 
(2) by adding at the end the following: "The Government may 
not further prosecute such appeal without the personal ap-
proval of the Attorney General, the Solicitor General, or a 
deputy solicitor general designated by the Solicitor General.". 
SEC. 3502. PENALTY FOR CERTAIN ACCESSORY AFTER THE FACT 
OFFENSES. 
Section 3 of title 18, United States Code, is amended by striking 
"10 years" and inserting in lieu thereof "15 years". 
SEC. 3503. DELETION OF REQUIREMENT FOR SOLICITOR GENERAL AP-
PROVAL OF APPEAL TO A DISTRICT COURT FROM A SEN-
TENCE IMPOSED BY A MAGISTRATE. 
Section 3742(g) of title 18, United States Code, is amended by 
inserting "(except for the requirement of approval by the Attorney 
General or the Solicitor General in the case of a Government 
appeal)" after "and this section shall apply". 
SEC. 3504. CORRECTION OF TABLE OF SECTIONS FOR CHAPTER 1. 
The item relating to section 17 in the table of sections at the 
beginning of chapter 1 of title 18, United States Code, is amended by 
striking "Defense" and inserting "defense". 
SEC. 3505. CORRECTION TO SECTION 12. 
Section 12 of title 18, United States Code, is amended by striking 
"every officer and employee of that Service, whether he has taken 
the oath of office" and inserting "every officer and employee of that 
104 STAT. 4922 
PUBLIC LAW 101-647—NOV. 29, 1990 
Service, whether or not such officer or employee has taken the oath 
of office". 
SEC. 3506. CORRECTION OF TABLE OF SECTIONS FOR CHAPTER 3. 
The table of sections at the beginning of chapter 3 of title 18, 
United States Code, is amended— 
\ 
(1) in the item relating to section 47, by inserting "; pollution 
of watering holes" after "burros"; and 
(2) by striking the items related to sections 42 through 44 and 
inserting the following: 
"42. Importation or shipment of injurious mammals, birds, fish (including moUusks 
and Crustacea), amphibia, and reptiles; permits, specimens for museums; 
regulations.". 
SEC. 3507. CORRECTION TO SECTION 114. 
Section 114 of title 18, United States Code, is amended by striking 
"and imprisoned" and inserting "or imprisoned". 
SEC. 3508. CORRECTION TO SECTION 115. 
Section 115 of title 18, United States Code, is amended by striking 
"The Central" and inserting "the Central". 
SEC. 3509. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 11. 
The table of sections at the beginning of chapter 11 of title 18, 
United States Code, is amended— 
(1) in the item relating to section 203, by striking "of Mem-
bers" and inserting "to Members"; and 
(2) in the item relating to section 204, by striking "Court of 
Claims" and inserting "United States Claims Court or United 
States Court of Appeals for the Federal Circuit". 
SEC. 3510. CROSS REFERENCE UPDATE FOR SECTION 209. 
Subsection (d) of section 209 of title 18, United States Code, is 
amended by striking "Government Employees Training Act" and all 
that follows through the end of such subsection and inserting "chap-
ter 41 of title 5.". 
SEC. 3511. CORRECTION TO SECTION 219. 
Section 219(c) of title 18, United States Code, is amended by 
striking "Governments" and inserting "Government". 
SEC. 3512. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 23. 
The table of sections at the beginning of chapter 23 of title 18, 
United States Code, is amended— 
(1) by striking the item relating to section 434; and 
(2) in the item relating to section 437, by striking "Indian" 
^ 
and all that follows through "supplies" and inserting "Federal 
employees contracting or trading with Indians.". 
SEC. 3513. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 25. 
The table of sections at the beginning of chapter 25 of title 18, 
United States Code, is amended— 
(1) in the item relating to section 491, by striking "used" and 
all that follows through "coins" and inserting "or paper used as 
money."; 
(2) in the item relating to section 496, by striking "entry 
certificates" and inserting "matters"; and 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4923 
(3) in the item relating to section 501, by inserting ", posts^e 
meter stamps," after "stamps". 
SEC. 3514. MARGIN CORRECTION IN SECTION 510. 
Subsection (a) of section 510 of title 18, United States Code, is 
gimended— 
(1) by inserting a semicolon after "or signature" in paragraph 
(2); and 
(2) so that the matter beginning with "shall be fined" and all 
that follows through the end of such subsection is flush against 
the left margin. 
SEC. 3515. CORRECTIONS TO SECTION 513. 
Section 513(cX3) of title 18, United States Code, is amended— 
(1) by striking "(15 U.S.C. 1693(c))"; and 
(2) by inserting a comma after "profit-sharing agreement". 
SEC. 3516. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 29. 
The table of sections at the beginning of chapter 29 of title 18, 
United States Code, is amended— 
(1) in the item relating to section 603, by striking "Place of 
solicitation" and inserting "Making political contributions"; 
and 
(2) in the item relating to section 607, by striking "Making 
political contributions" and inserting "Place of solicitation'. 
SEC. 3517. CORRECTION OF HEADING OF SECTION 665. 
(a) The heading of section 665 of title 18, United States Code, is 
amended by striking the colons and inserting semicolons. 
(b) Section 665(c) of title 18, United States C!ode, is amended by 
striking "Any person whoever" and inserting "Whoever". 
SEC. 3518. PUNCTUATION CORRECTION TO HEADING FOR CHAPTER 33. 
The heading at the beginning of chapter 33 of title 18, United 
States Code, is amended by inserting a comma after "insignia". 
SEC. 3519. REDESIGNATION OF SECOND SECTION 798. 
(a) GENERALLY.—The second section 798 of title 18, United States 
Code, is redesignated as section 798A. 
(b) TABLE OF SECTIONS.—The item relating to the second section 
798 in the table of sections at the beginning of chapter 37 of title 18, 
United States Code, is amended by striking "798" and inserting 
"798A". 
(c) CROSS REFERENCE CONFORMING AMENDMENT.—Section 14 of 
title 18, United States Code, is amended by striking "798" the first 
place it appears and all that follows through "799" gind inserting 
^'798, 798A, 799". 
SEC. 3520. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 40. 
The item relating to section 843 in the table of sections at the 
beginning of chapter 40 of title 18, United States Code, is amended 
by striking "Licensing" and inserting "Licenses". 
SEC. 3521. CORRECTION TO SECTION 842. 
Section 842 of title 18, United States Code, is amended— 
(1) in subsection (dX5), by striking the period and inserting "; 
or"; and 
104 STAT. 4924 
PUBLIC LAW 101-647—NOV. 29, 1990 
(2) in subsection (i)(3), by striking the period and inserting "; 
or . 
SEC. 3522. CORRECTION TO SECTION 844. 
Section 844 of title 18, United States Code, is amended by striking 
the comma that immediately follows a comma. 
SEC. 3523. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 44. 
The item relating to section 928 in the table of sections at the 
beginning of chapter 44 of title 18, United States Code, is amended 
by striking "clause". 
SEC. 3524. CORRECTION TO SECTION 922. 
Section 922(b)(1) is amended by striking the period at the end and 
inserting a semicolon. 
SEC. 3525. CORRECTION TO SECTION 923. 
Section 923(a)(3)(B) is amended by inserting a comma after 
"devices". 
SEC. 3526. AMENDMENTS RELATING TO THE UNDETECTABLE FIREARMS 
ACT OF 1988. 
(a) REDESIGNATION IN TITLE 18.—Section 924 of title 18, United 
States Code, is amended by redesignating the second subsection (f) 
and subsection (g) as subsections (g) and (h), respectively. 
(b) REDESIGNATION IN ORIGINAL ACT.—Section 2(0(2)(B) of the 
18 use 924. 
Undetectable Firearms Act of 1988 is amended by inserting "and 
subsections (g) and (h) of such section are hereby redesignated as 
subsections (f) and (g), respectively" before the semicolon. 
SEC. 3527. ELIMINATION OF REDUNDANT WORDS. 
Section 924(c)(1) of title 18, United States Code, is amended by 
striking "imprisonment for" the 4th place it appears. 
SEC. 3528. INSERTION OF MISSING PARENTHESES. 
Section 924(a)(1) is amended by striking "3" and inserting "(3)". 
SEC. 3529. ADDITIONAL CORRECTIONS TO SECTION 924. 
Section 924 of title 18, United States Code, is amended— 
(1) in subsection (a)(2)— 
(A) by striking "subsections" and inserting "subsection"; 
and 
(B) by inserting a comma after "years". 
(2) in subsection (e)(2)(A)(ii), by striking "and"; and 
(3) in subsection (e)(2)(B)(ii), by striking the period and insert-
ing "; and". 
SEC. 3530. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 45. 
The table of sections at the beginning of chapter 45 of title 18, 
United States Code, is amended by striking the item relating to 
section 968. 
SEC. 3531. CORRECTION TO SECTION 981. 
Section 981(d) of title 18, United States Code, is amended by 
adding a period at the end. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4925 
SEC. 3532. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 47. 
The item relating to section 1031 in the table of sections at the 
beginning of chapter 47 of title 18, United States Code, is amended 
by inserting a period after "1031". 
SEC. 3533. CORRECTION OF CROSS REFERENCE IN SECTION 1030. 
Section 1030 of title 18, United States Code, is amended by strik-
ing "paragraph r" and inserting "paragraph y". 
SEC. 3534. ELIMINATION OF SUPERFLUOUS PUNCTUATION IN SECTION 
1113. 
Section 1113 of title 18, United States Code, is amended by strik-
ing the final period. 
SEC. 3535. CAPITALIZATION AND AGENCY REFERENCE CORRECTIONS IN 
SECTION 1114. 
Section 1114 of title 18, United States Code, is amended— 
(1) by striking "secret service" and inserting "Secret Service"; 
(2) by striking "any officer or employee of the Department of 
Health, Education, and Welfare," and inserting "any officer or 
employee of the Department of Education, the Department of 
Health and Human Services,"; and 
(3) by striking "the Federal Savings and Loan Insurance 
Corporation,". 
SEC. 3536. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 53. 
The table of sections at the beginning of chapter 53 of title 18, 
United States Code, is amended by striking the item relating to 
section 1157. 
SEC. 3537. CORRECTION TO SECTION 1168. 
Section 1168(a) of title 18, United States Code, is amended by 
striking "and be imprisoned for" and inserting "or imprisoned". 
SEC. 3538. CROSS REFERENCE CORRECTION IN SECTION 1201. 
Section 1201(aX3) of title 18, United States Code, is amended— 
(1) by striking "101(36)" and inserting "101(38)"; and 
(2) by striking ", as amended (49 U.S.C. 1301(36))". 
SEC. 3539. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 57. 
The table of sections at the beginning of chapter 57 of title 18, 
United States Code, is amended by striking the item relating to 
section 1232. 
SEC. 3540. CORRECTION OF HEADING OF SECTION 1262. 
The heading of section 1262 of title 18, United States Code, is 
amended by striking "state" and inserting "State". 
SEC. 3541. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 63. 
The item relating to section 1342 in the table of sections at the 
beginning of chapter 63 of title 18, United States Code, is amended 
by striking "and" and inserting "or". 
SEC. 3542. CORRECTION TO SECTION 1345. 
Section 1345 of title 18, United States C!ode, is amended by insert-
ing a comma after "of this title". 
104 STAT. 4926 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 3543. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 65. 
The item relating to section 1366 in the table of sections at the 
beginning of chapter 65 of title 18, United States Code, is amended 
by inserting a period after "1366". 
SEC. 3544. CORRECTION OF QUOTATION MARK. 
Section 1365(g)(1)(A) of title 18, United States Code, is amended by 
inserting ar open quotation mark before "device". 
SEC. 3545. CORRECTION OF CROSS REFERENCE. 
Section 1366(c) of title 18, United States Code, is amended by 
striking "49 U.S.C. 1671" and inserting "section 2 of the Natural 
Gas Pipeline Safety Act of 1968". 
SEC. 3546. ELIMINATION OF EXECUTED CLERICAL AMENDMENT. 
Section 1366 of title 18, United States Code, is amended by strik-
ing subsection (d). 
SEC. 3547. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 67. 
The table of sections at the beginning of chapter 67 of title 18, 
United States Code, is amended by striking the item relating to 
section 1383. 
SEC. 3548. CORRECTION TO SECTION 1466. 
Section 1466(b) of title 18, United States Code, is amended— 
(1) by striking "this subsection" and inserting "this section"; 
and 
(2) by 
striking 
"subsection 
(b)" and 
inserting 
"this 
subsection". 
SEC. 3549. CROSS REFERENCE CORRECTION TO SECTION 1467. 
Section 1467(h)(4) of title 18, United States Code, is amended by 
striking "in accordance" and all that follows through "United States 
Code" and inserting "under section 616 of the Tariff Act of 1930". 
SEC. 3550. CORRECTION TO SECTION 1546. 
Section 1546(a) of title 18, United States Code, is amended by 
striking "Shall be fined not more than in accordance with this title" 
and inserting "Shall be fined under this title". 
SEC. 3551. CORRECTION TO SECTION 1716A. 
Section 1716A(a) of title 18, United States Code, is amended by 
striking "shall be under this title" and inserting "shall be fined 
under this title or". 
SEC. 3552. CORRECTION TO HEADING OF SECTION 1717. 
(a) GENERALLY.—The heading of section 1717 of title 18, United 
States Code, is amended by striking "; opening letters". 
(b) CONFORMING AMENDMENT.—The item relating to section 1717 
in the table of sections at the beginning of chapter 83 of title 18, 
United States Code, is amended by striking "; opening letters". 
SEC. 3553. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 84. 
The table of sections at the beginning of chapter 84 of title 18, 
United States Code, is amended by adding at the end the following: 
"1752. Temporary residences and offices of the President and others.". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4927 
SEC. 3554. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 91. 
The table of sections at the beginning of chapter 91 of title 18, 
United States Code, is amended by striking the item relating to 
section 1862. 
SEC. 3555. CORRECTION TO SECTION 1864. 
Section 1864 of title 18, United States Code, is amended— 
(1) by striking "and" at the end of subsection (d)(1)(D); and 
(2) in subsection (d)(2)(E), by striking the period at the end and 
inserting "; and". 
SEC. 3556. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 93. 
The table of sections at the beginning of chapter 93 of title 18, 
United States Code, is amended— 
(1) in the item relating to section 1906, by striking "by bank 
examiner" and inserting "from a bank examination report"; 
and 
(2) by striking the item relating to section 1914. 
SEC. 3557. CORRECTIONS TO SECTION 1956. 
Section 1956 of title 18, United States Code, is amended— 
(1) in subsection (c)(7)(A), by striking "the Currency and For-
eign Transactions Reporting Act" and inserting "subchapter II 
of chapter 53 of title 31"; 
(2) in subsection (c)(7)(D)— 
(A) by striking "or section 2113" and inserting "section 
2113"; 
(B) by striking "theft) of this title," and inserting "theft), 
or"; and 
(C) by inserting "of this title" after "2319 (relating to 
cop)n"ight infringement)"; 
(D) by striking "paraphenalia" and inserting "para-
phernsdia"; and 
(E) by striking the final period. 
SEC. 3558. CORRECTION TO SECTION 1958. 
Section 1958(b) of title 18, United States Code, is amended by 
striking "1952B" and inserting "1959". 
SEC. 3559. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 96. 
The item relating to section 1962 in the table of sections at the 
beginning of chapter 96 of title 18, United States Code, is amended 
by striking "racketeering". 
SEC. 3560. CORRECTION TO SECTION 196L 
Section 1961(1) of title 18, United States Code, is amended— 
(1) by striking "section 1029 (relative" and inserting "section 
1029 (relating"; and 
(2) by striking "sections 2251 through 2252 (relating to sexual 
exploitation of children),". 
SEC. 3561. CORRECTION TO SECTION 1963. 
Section 1963(a) of title 18, United States Code, is amended by 
striking "or both." and inserting "or both". 
SEC. 3562. CORRECTION OF HEADING OF SECTION 2114. 
The heading of section 2114 of title 18, United States Code, is 
amended by inserting a comma after "money". 
104 STAT. 4928 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 3563. PUNCTUATION CORRECTION TO SECTION 2251(a). 
Section 2251(a) of title 18, United States Code, is amended by 
striking "in,," and inserting "in,". 
SEC. 3564. CORRECTIONS TO SECTION 2253. 
Section 2253 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking "sections 2251" and inserting 
- 
"section 2251"; and 
(2) in subsection (h)(4), by striking "in accordance" and all 
that follows through "United States Code" and inserting "under 
section 616 of the Tariff Act of 1930". 
SEC. 3565. CORRECTIONS TO SECTION 2254. 
Section 2254 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking "sections 2251" each place it 
appears and inserting "section 2251"; 
(2) in subsection (e), by inserting "INAPPLICABIUTY OF CERTAIN 
SECTIONS.—" after "(e)"; and 
(3) in subsection (f)— 
(A) by striking "subchapter" and inserting "section"; and 
(B) in paragraph (1), by striking "pursuant to section 1616 
of title 19" and inserting "under section 616 of the Tariff 
Act of 1930". 
SEC. 3566. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 111. 
The item relating to section 2271 in the table of sections at the 
beginning of chapter 111 of title 18, United States Code, is amended 
by striking "vessel" and inserting "vessels". 
SEC. 3567. CORRECTION OF HEADING OF SECTION 2318. 
The heading of section 2318 of title 18, United States Code, is 
amended by striking the comma. 
SEC. 3568. CROSS REFERENCE CORRECTIONS IN SECTION 2516. 
Section 2516(j) of title 18, United States Code, is amended by 
striking "any violation of section 1679a(cX2) (relating to destruction 
of a natural gas pipeline) or subsection (i) or (n) of section 1472 
(relating to aircraft piracy) of title 49, of the United States Code" 
and inserting "any violation of section 11(c)(2) of the Natural Gas 
Pipeline Safety Act of 1968 (relating to destruction of a natural gas 
pipeline) or section 902(i) or (n) of the Federal Aviation Act of 1958 
(relating to aircraft piracy)". 
SEC. 3569. CORRECTIONS TO SECTION 3013. 
Section 3013 of title 18, United States Code, is amended— 
(1) in subsection (aXl)(B)(i), by striking "a infraction" and 
inserting "an infraction"; and 
(2) in subsection (a)(l)(B)(iii), by striking the period at the end 
and inserting a semicolon. 
SEC. 3570. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 203. 
The table of sections at the beginning of chapter 203 of title 18, 
United States Code, is amended by striking the item relating to 
section 3054. 
SEC. 3571. CORRECTION TO SECTION 3058. 
Section 3058 of title 18, United States Code, is amended by strik-
ing "beligerent" and inserting "belligerent". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4929 
SEC. 3572. CORRECTION TO SECTION 3077. 
Section 3077 of title 18, United States Code, is amended— 
(1) in paragraph (4), by striking the comma before the close 
quotation mark and inserting a comma after that mark; 
(2) in each of paragraphs (1), (2), (3), and (5), by striking the 
period at the end and inserting a semicolon; and 
(3) in paragraph (6), by striking the period at the end and 
inserting "; and". 
SEC. 3573. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 205. 
The table of sections at the beginning of chapter 205 of title 18, 
United States Code, is amended— 
(1) by striking the item relating to section 3112; and 
(2) by striking "3117" the last place it appears and inserting 
"3118". 
SEC. 3574. REDESIGNATION OF DUPLICATE SECTION 3117. 
Section 3117 of title 18, United States Code, that relates to 
implied consent for certain tests, is redesignated as section 3118. 
SEC. 3575. CORRECTION TO SECTION 3124. 
Section 3124(b) of title 18, United States Code, is amended by 
striking "subsection 3123(b)" and inserting "section 3123(b)". 
SEC. 3576. CLARIFYING REENACTMENT OF PORTION OF SECTION 3154. 
Paragraph (1) of section 3154 of title 18, United States Code, is 
amended by striking "community" and all that follows through the 
end of such paragraph and inserting "community, and, where appro-
priate, include a recommendation as to whether such individual 
should be released or detained and, if release is recommended, 
recommend appropriate conditions of release.". 
SEC. 3577. PUNCTUATION CORRECTION TO SECTION 3165. 
Section 3165(eX2) of title 18, United States Code, is amended by 
striking "twelve-calendar month" and inserting "twelve-calendar-
month . 
SEC. 3578. SPELLING CORRECTION TO SECTION 3166. 
Section 3166(b)(8) of title 18, United States Code, is amended by 
striking "extention" and inserting "extension". 
' 
SEC. 3579. STYLE CORRECTION TO SECTION 3170. 
Subsections (a) and (b) of section 3170 of title 18, United States 
Code, are each amended by striking "(c)" and inserting "3166(c)" in 
lieu thereof. 
SEC. 3580. CORRECTION TO SECTION 3289. 
Section 3289 of title 18, United States C!ode, is amended by insert-
ing a comma after "information" the second place it appears. 
SEC. 3581. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 224. 
The item relating to section 3526 in the table of sections at the 
beginning of chapter 224 of title 18, United States Code, is amended 
by inserting "; reimbursement of expenses" after "governments". 
SEC. 3582. CORRECTION TO SECTION 3521. 
Section 3521 of title 18, United States Code, is amended— 
^ 
104 STAT. 4930 
PUBLIC LAW 101-647—NOV. 29, 1990 - ^ 
(1) in the final sentence of subsection Ok>Xl), by inserting "(G)" 
after "subparagraph"; and 
(2) in subsection (d)(3), by inserting "the" before "Civil Rights 
Division". 
SEC. 3583. CORRECTION TO SECTION 3562. 
Section 3562(b)(2) of title 18, United States Code, is amended by 
inserting "of the Federal Rules of Criminal Procedure" after "rule 
35". 
SEC. 3584. CORRECTION TO SECTION 3563. 
Section 3563 of title 18, United States Code, is amended— 
(1) in subsection (a), by striking "defendent" and inserting 
"defendant"; and 
(2) in subsection (b)(3)— 
(A) by striking "pursuant to the provisions of section 3663 
and 3664" and inserting "under sections 3663 and 3664"; 
and 
(B) by inserting "section" before "3663(a)". 
SEC. 3585. CORRECTION TO SECTION 3565. 
Section 3565(a)(1) of title 18, United States Code, is amended by 
striking "of modifying" and inserting "or modifjdng". 
SEC. 3586. CORRECTION OF TABLE OF SECTIONS FOR SUBCHAPTER C OF 
CHAPTER 227. 
The table of sections at the beginning of subchapter C of chapter 
227 of title 18, United States Code, is amended— 
(1) in the item relating to section 3572, by inserting "and 
related matters" after "fines"; and 
(2) in the item relating to section 3573, by striking "revision" 
f 
and inserting "remission". 
SEC. 3587. CORRECTION TO SECTION 3572. 
Section 3572(c)(2) of title 18, United States Code, is amended by 
inserting "of the Federal Rules of Criminal Procedure" after "rule 
35". 
SEC. 3588. CORRECTION TO SECTION 3582. 
Section 3582(bX2) of title 18, United States Code, is amended by 
inserting "of the Federal Rules of Criminal Procedure" after "rule 
35". 
SEC. 3589. CORRECTION TO SECTION 3583. 
Section 3583 of title 18, United States Code, is amended— 
(1) in subsection 
(d)(2), by inserting a comma 
after 
"3553(a)(2)(B)"; 
(2) ip subsection (e)— 
(A) by striking "or" at the end of paragraph (2); 
(B) by striking the period at the end of paragraph (3) and 
inserting "; or"; and 
(C) by redesignating paragraph (5) as paragraph (4). 
SEC. 3590. CORRECTION OF TABLE OF SECTIONS FOR SUBCHAPTER A OF 
CHAPTER 229. 
The item relating to section 3607 in the table of sections at the 
beginning of subchapter A of chapter 229 of title 18, United States 
Code, is amended by striking "possessor" and inserting "possessors". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4931 
SEC. 3591. CORRECTION TO SECTION 3611. 
Section 3611 of title 18, United States Code, is amended by strik-
ing "604(aX17)" and inserting "604(aX18)". 
SEC. 3592. CORRECTION TO SECTION 3612. 
Section 3612(a) of title 18, United States Code, is amended by 
striking "604(aX17)" each place it appears and inserting "604(aX18)". 
SEC. 3593. CORRECTION TO SECTION 3613. 
Section 3613(c) is eimended by striking the period before the final 
quotation mark end inserting a period sifter such mark. 
SEC. 3594. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 232. 
The item relating to section 3669 in the table of sections at the 
beginning of chapter 232 of title 18, United States Code, is gmiended 
by striking "Conveyance" and inserting "Conveyances". 
SEC. 3595. CROSS REFERENCE UPDATE FOR SECTION 3663. 
Section 3663(fK4) of title 18, United States Code, is amended by 
striking "604(aX17)" and inserting "604(aX18)". 
SEC. 3596. CROSS REFERENCE UPDATE FOR SECTION 3664. 
Section 3664(a) of title 18, United States Code, is amended by 
striking "3579" and inserting "3663". 
SEC. 
3
5
9
7
. 
CORRECTION 
TO 
TABLE 
OF 
CHAPTERS 
FOR 
PART 
I
I
I
. 
The table of chapters for part III of title 18, United States Code, is 
amended— 
(1) by inserting after the item relating to chapter 305 the 
following: 
• , 
"306. Transfer to or from foreign countries 
4100"; 
and 
(2) by inserting after the item relating to chapter 317 the 
following: 
"319. National Institute of Corrections 
4351". 
SEC. 3598. CROSS REFERENCE CORRECTION TO SECTION 4109. 
Section 4109(a) of title 18, United States Code, is amended— 
(1) by striking "the Criminal Justice Act (18 U.S.C. 3006A)" 
and inserting "section 3006A of this title"; and 
(2) by striking "the Criminal Justice Act (18 U.S.C. 3006(a))" 
and inserting "section 3006A of this title". 
SEC. 3599. CORRECTION TO SECTION 4013. 
Section 4013 of title 18, United States Code, is amended by strik-
ing "(a)". 
SEC. 3599A. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 307. 
The item relating to section 4126 in the table of sections at the 
beginning of chapter 307 of title 18, United States (Dode, is amended 
by striking "fund" gmd inserting "Fund". 
SEC. 3599B. CORRECTION TO HEADING OF SECTION 4106A. 
The heading at the beginning of section 4106A of title 18, United 
States Code, is amended by inserting "of before "offenders" the 
second place it appears. 
104 STAT. 4932 
PUBLIC LAW 101-647—NOV. 29, 1990 
SEC. 3599C. CORRECTION TO SECTION 4106A. 
Section 4106A(b)(lXC) of title 18, United States Code, is amended 
by adding a period at the end. 
SEC. 3599D. CORRECTION TO SECTION 4246. 
Section 4246(g) of title 18, United States Code, is amended by 
striking "subchapter" and inserting "chapter". 
SEC. 3599E. CORRECTION TO SECTION 4285. 
Section 4285 of title 18, United States Code, is amended by strik-
ing "exced" and inserting "exceed". 
SEC. 3599F. CORRECTION TO SECTION 4352. 
Section 4352(c) of title 18, United States Code, is amended by 
striking "this shall" and inserting "this chapter shall". 
SEC. 3599G. CORRECTION TO SECTION 5032. 
The 4th paragraph of section 5032 of title 18, United States Code, 
is amended by striking "offenses set forth in this subsection" and 
inserting "offenses set forth in this paragraph". 
SEC. 3599H. CORRECTION TO TABLE OF SECTIONS FOR CHAPTER 403. 
The item relating to section 5042 in the table of sections at the 
beginning of chapter 403 of title 18, United States Code, is amended 
by striking "Probation" and inserting "probation". 
SEC. 35991. DEFINITIONS FOR CONTROLLED SUBSTANCES ACT. 
Section 102(32)(A) of the Controlled Substances Act (21 U.S.C 
802(32)(A)) is amended by striking "stimulent" each place it appears 
and inserting "stimulant". 
SEC. 3599J. SECTION 1010 OF THE CONTROLLED SUBSTANCES IMPORT AND 
EXPORT ACT. 
Section 1010(b)(2) of the Controlled Substances Import and Export 
Act (21 U.S.C. 960(b)(2)) is amended by striking "suspervised" each 
place it appears and inserting "supervised". 
SEC. 3599K. SECTION 401 OF THE CONTROLLED SUBSTANCES ACT. 
Sections 401(b)(l)(A)(ii)(IV) and 401(b)(l)(B)(ii)(IV) of the Controlled 
Substances Act (21 U.S.C. 841(b)(l)(A)(ii)(IV) and 841(b)(l)(B)(ii)(IV)) 
are each amended by striking "any of the substance" and inserting 
"any of the substances". 
SEC. 3599L. SECTIONS 405, 405A, and 405B OF THE CONTROLLED SUB-
STANCES ACT. 
Sections 405(b), 405A(b), and 405B(c) of the Controlled Substances 
Act (which are redesignated by this Act) (21 U.S.C. 845(b), 845a03), 
Ante, p. 4827. and 845b(c)) are each amended by striking "have become final" and 
inserting "has become final". 
SEC. 3599M. SECTION 510 OF THE CONTROLLED SUBSTANCES ACT. 
Section 510(b)(3) of the Controlled Substances Act (21 U.S.C. 
880(b)(3)) is amended by striking "paragraph (5)" and inserting 
"paragraph (4)". 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4933 
TITLE XXXVI—FEDERAL DEBT 
^^o^""' 
C O L L E C T I O N 
5"?99o"''''^'' 
Courts. 
SEC. 3601. This title may be cited as the "Federal Debt <:k)llection 28 USC l note. 
Procedures Act of 1990". 
Subtitle A—Debt Collection Procedures 
SEC. 3611, Title 28 of the United States Code is amended by 
inserting after chapter 175 the following: 
"CHAPTER 176~FEDERAL DEBT COLLECTION 
PROCEDURE 
"Subchapter 
"A. Definitions and general provisions 
3001 
"B. Prejudgment remedies 
3101 
"C. Postjudgments remedies 
3201 
"D. Fraudulent transfers 
3301 
"SUBCHAPTER A—DEFINITIONS AND GENERAL 
PROVISIONS 
"Sec. 
"3001. Applicability of chapter. 
"3002. Definitions. 
"3003. Rules of construction. 
"3004. Service of process; enforcement; notice. 
"3005. Application of chapter to judgments. 
"3006. Affidavit requirements. 
"3007. Perishable personal property. 
"3008. Proceedings before United States magistrates. 
"3009. United States marshals' authority to designate keeper. 
"3010. Co-owned property. 
"3011. Assessment of surcharge on a debt. 
"3012. Joinder of additional defendant. 
"3013. Modification or protective order; supervision of enforcement. 
"3014. Exempt property. 
"3015. Discovery as to debtor's financial condition. 
"§ 3001. Applicability of chapter 
"(a) IN GENERAL.—Except as provided in subsection (b), the chap-
ter provides the exclusive civil procedures for the United States— 
"(1) to recover a judgment on a debt; or 
"(2) to obtain, before judgment on a claim for a debt, a remedy 
in connection with such claim. 
"(b) LIMITATION.—To the extent that another Federal law specifies 
procedures for recovering on a claim or a judgment for a debt 
arising under such law, those procedures shall apply to such claim 
or judgment to the extent those procedures are inconsistent with 
this chapter. 
"(c) AMOUNTS OWING OTHER THAN DEBTS.—This chapter shall not 
apply with respect to an amount owing that is not a debt or to a 
claim for an amount owing that is not a debt. 
"§ 3002. Definitions 
"As used in this chapter: 
"(1)'Counsel for the United States'means— 
, r 
104 STAT. 4934 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(A) a United States attorney, an assistant United States 
attorney designated to act on behalf of the United States 
attorney, or an attorney with the United States Depart-
ment of Justice or with a Federal agency who has litigation 
authority; and 
"(B) any private attorney authorized by contract made in 
accordance with section 3718 of title 31 to conduct litigation 
for collection of debts on behalf of the United States. 
"(2) 'Court' means any court created by the Congress of the 
United States, excluding the United States Tax Court. 
"(3) 'Debt' means— 
"(A) an amount that is owing to the United States on 
account of a direct loan, or loan insured or guaranteed, by 
the United States; or 
"(B) an amount that is owing to the United States on 
account of a fee, duty, lease, rent, service, sale of real or 
personal property, overpa5mient, fine, assessment, penalty, 
restitution, damages, interest, tax, bail bond forfeiture, re-
imbursement, recovery of a cost incurred by the United 
States, or other source of indebtedness to the United States, 
but that is not owing under the terms of a contract origi-
nally entered into by only persons other than the United 
States; 
and includes any amount owing to the United States for the 
benefit of an Indian tribe or individual Indian, but excludes any 
amount to which the United States is entitled under section 
3011(a). 
"(4) 'Debtor' means a person who is liable for a debt or against 
whom there is a claim for a debt. 
"(5) 'Disposable earnings' means that part of earnings remain-
ing after all deductions required by law have been withheld. 
'(6) 'Earnings' means compensation paid or payable for per-
sonal services, whether denominated £is wages, salary, com-
mission, bonus, or otherwise, and includes periodic payments 
pursuant to a pension or retirement program. 
"(7) 'Garnishee' means a person (other than the debtor) who 
has, or is reasonably thought to have, possession, custody, or 
control of any property in which the debtor has a substantial 
nonexempt interest, including any obligation due the debtor or 
to become due the debtor, and against whom a garnishment 
under section 3104 or 3205 is issued by a court. 
"(8) 'Judgment' means a judgment, order, or decree entered in 
favor of the United States in a court and arising from a civil or 
criminal proceeding regarding a debt. 
"(9) 'Nonexempt disposable earnings' means 25 percent of 
disposable earnings, subject to section 303 of the Consumer 
Credit Protection Act. 
"(10) 'Person' includes a natural person (including an individ-
ual Indian), a corporation, a partnership, an unincorporated 
association, a trust, or an estate, or any other public or private 
entity, including a State or local government or an Indian tribe. 
"(11) 'Prejudgment remedy' means the remedy of attachment, 
receivership, garnishment, or sequestration authorized by this 
chapter to be granted before judgment on the merits of a claim 
for a debt. 
"(12) 'Property' includes any present or future interest, 
whether legal or equitable, in real, personal (including choses in 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4935 
action), or mixed property, tangible or intangible, vested or 
contingent, wherever located and however held (including 
community property and property held in trust (including 
spendthrift and pension trusts)), but excludes— 
"(A) property held in trust by the United States for the 
benefit of an Indian tribe or individual Indian; and 
"(B) Indian lands subject to restrictions against alien-
ation imposed by the United States. 
"(13) 'Security agreement' means an agreement that creates 
or provides for a lien. 
"(14) 'State' means any of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Marianas, or any territory or possession 
of the United States. 
"(15) 'United States' means— 
"(A) a Federal corporation; 
"(B) an agency, department, commission, board, or other 
entity of the United States; or 
"(C) an instrumentality of the United States. 
"(16) 'United States marshal' means a United States marshal, 
a deputy marshal, or an official of the United States Marshals 
Service designated under section 564. 
"§ 3003. Rules of construction 
"(a) TERMS.—For purposes of this chapter— 
"(1) the terms 'includes' and 'including' are not limiting; 
"(2) the term 'or' is not exclusive; and 
"(3) the singular includes the plural. 
"(b) EFFECT ON RIGHTS OF THE UNITED STATES.—This chapter shall 
not be construed to curtail or limit the right of the United States 
under any other Federal law or any State law— 
"(1) to collect taxes or to collect any other amount collectible 
in the same manner as a tsix; 
"(2) to collect any fine, penalty, assessment, restitution, or 
forfeiture arising in a criminal case; 
"(3) to appoint or seek the appointment of a receiver; or 
"(4) to enforce a security agreement. 
"(c) EFFECT ON OTHER LAWS.—This chapter shall not be construed 
to supersede or modify the operation o
f
— 
"(1) title 11; 
"(2) admiralty law; 
"(3) section 3713 of title 31; 
"(4) section 303 of the Consumer Credit Protection Act (15 
U.S.C. 1673); 
"(5) a statute of limitation applicable to a 
criminal 
proceeding; 
"(6) the common law or statutory rights to set-off or 
recoupment; 
"(7) any Federal law authorizing, or any inherent authority of 
a court to provide, injunctive relief; 
"(8) the authority of a court— 
"(A) to impose a sanction under the Federal Rules of Civil 
Procedure; 
"(B) to appoint a receiver to effectuate its order; or 
"(C) to exercise the power of contempt under any Federal 
law; 
39-194 O - 91 - 18 : QL 3 Part 6 
104 STAT. 4936 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(9) any law authorizing the United States to obtain partition, 
or to recover possession, of property in which the United States 
holds title; or 
"(10) any provision of any other chapter of this title, except to 
the extent such provision is inconsistent with this chapter. 
"(d) PREEMPTION.—This chapter shall preempt State law to the 
extent such law is inconsistent with a provision of this chapter. 
"(e) EFFECT ON RIGHTS OF THE UNITED STATES UNDER FOREIGN AND 
INTERNATIONAL LAW.—This chapter shall not be construed to curtail 
or limit the rights of the United States under foreign law, under a 
treaty or an international agreement, or otherwise under inter-
national law. 
"(f) 
APPLICABIUTY OF FEDERAL RULES OF CIVIL PROCEDURE.— 
Except as provided otherwise in this chapter, the Federal Rules of 
Civil Procedure shall apply with respect to actions and proceedings 
under this chapter. 
"§ 3004. Service of process; enforcement; notice 
"(a) MANNER OF SERVICE.—A complaint, notice, writ, or other 
process required to be served in an action or proceeding under this 
chapter shall be served in accordance with the Federal Rules of Civil 
Procedure unless otherwise provided in this chapter. 
"(b) NATIONWIDE ENFORCEMENT.—(1) Except as provided in para-
graph (2)— 
"(A) any writ, order, judgment, or other process, including a 
summons and complaint, filed under this chapter may be served 
in any State; and 
"(B) such writ, order, or judgment may be enforced by the 
court issuing the writ, order, or process, regardless of where the 
person is served with the writ, order, or process. 
"(2) If the debtor so requests, within 20 days after receiving the 
notice described in section 3101(d) or 3202(b), the action or proceed-
ing in which the writ, order, or judgment was issued shall be 
transferred to the district court for the district in which the debtor 
resides. 
"(c) NOTICE AND OTHER PROCESS.—At such time as counsel for the 
United States considers appropriate, but not later than the time a 
prejudgment or postjudgment remedy is put into effect under this 
chapter, counsel for the United States shall exercise reasonable 
diligence to serve on the debtor and any person who the United 
States believes, after exercising due diligence, has possession, cus-
tody, or control of the property, a copy of the application for such 
remedy, the order granting such remedy, and the notice required by 
section 3101(d) or 3202(b). 
"§ 3005. Application of chapter to judgments 
"This chapter shall not apply with respect to a judgment on a debt 
if such judgment is entered more than 10 years before the effective 
date of this chapter. 
"§ 3006. Affidavit requirements 
"Any affidavit required of the United States by this chapter may 
be made on information and belief, if reliable and reasonably nec-
essary, establishing with particularity, to the court's satisfaction, 
facts supporting the claim of the United States. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4937 
"§ 3007. Perishable personal property 
"(a) AUTHORITY TO SELL.—If at any time during any action or 
proceeding under this chapter the court determines on its own 
initiative or upon motion of any party, that any seized or detained 
personal property is likely to perish, waste, or be destroyed, or 
otherwise substantially depreciate in value during the pendency of 
the proceeding, the court shall order a commercially reasonable sale 
of such property. 
"(b) DEPOSIT OF SALE PROCEEDS.—Within 5 days after such sale, 
the proceeds shall be deposited with the clerk of the court, accom-
panied by a statement in writing and signed by the United States 
marshal, to be filed in the action or proceeding, stating the time and 
place of sale, the name of the purchaser, the amount received, and 
an itemized account of expenses. 
"(c) PRESUMPTION.—For purposes of liability on the part of the 
United States, there shall be a presumption that the price paid at a 
sale under subsection (a) is the fair market value of the property or 
portion. 
"§ 3008. Proceedings before United States magistrates 
"A district court of the United States may assign its duties in 
proceedings under this chapter to a United States magistrate to the 
extent not inconsistent with the Constitution and laws of the United 
States. 
"§ 3009. United States marshals' authority to designate keeper 
"Whenever a United States marshal is authorized to seize prop-
erty pursuant to this chapter, the United States marshal may 
designate another person or Federal agency to hold for safekeeping 
such property seized. 
"§ 3010. Co-owned property 
"(a) LIMITATION.—The remedies available to the United States 
under this chapter may be enforced against property which is co-
owned by a debtor and any other person only to the extent allowed 
by the law of the State where the property is located. This section 
shall not be construed to limit any right or interest of a debtor or co-
owner in a retirement system for Federal military or civilian 
personnel established by the United States or any agency thereof or 
in a qualified retirement arrangement. 
"(b) DEFINITIONS.—For purposes of subsection (a)— 
"(1) the term 'retirement system for Federal military or 
civilian personnel' means a pension or annuity system for 
Federal military or civilian personnel of more than one agency, 
or for some or all of such personnel of a single agency, estab-
lished by statute or by regulation pursuant to statutory author-
ity; and 
"(2) the term 'qualified retirement arrangement' means a 
plan qualified under section 401(a), 403(a), or 409 of the Internal 
Revenue Code of 1986 or a plan that is subject to the require-
ments of section 205 of the Employee Retirement Income Secu-
rity Act of 1974. 
"§ 3011. Assessment of surcharge on a debt 
"(a) SURCHARGE AUTHORIZED.—In an action or proceeding under 
subchapter B or C, and subject to subsection (b), the United States is 
104 STAT. 4938 
PUBLIC LAW 101-647—NOV. 29, 1990 
entitled to recover a surcharge of 10 percent of the amount of the 
debt in connection with the recovery of the debt, to cover the cost of 
processing and handling the litigation and enforcement under this 
chapter of the claim for such debt. 
"(b) LIMITATION.—Subsection (a) shall not apply if— 
"(1) the United States receives an attorney's fee in connection 
with the enforcement of the claim; or 
"(2) the law pursuant to which the action on the claim is 
based provides any other amount to cover such costs. 
"§ 3012. Joinder of additional defendant 
"The United States or the debtor may join as an additional 
defendant in an action or proceeding under this chapter any person 
reasonably believed to owe money (including money owed on ac-
count of a requirement to provide goods or services pursuant to a 
loan or loan guarantee extended under Federal law) to the debtor 
arising out of the transaction or occurrence giving rise to a debt. 
"§ 3013. Modincation or protective order; supervision of enforce-
ment 
"The court may at any time on its own initiative or the motion of 
any interested person, and after such notice as it may require, make 
an order denying, limiting, conditioning, regulating, extending, or 
modifying the use of any enforcement procedure under this chapter. 
"§ 3014. Exempt property 
"(a) ELECTION TO EXEMPT PROPERTY.—An individual debtor may, 
in an action or proceeding under this chapter, elect to exempt 
property listed in either paragraph (1) or, in the alternative, para-
graph (2). If such action or proceeding is against debtors who are 
husband and wife, one debtor may not elect to exempt property 
listed in paragraph (1) and the other debtor elect to exempt property 
listed in paragraph (2). If the debtors cannot agree on the alter-
native to be elected, they shall be deemed to elect paragraph (1). 
Such property is either— 
"(1) property that is specified in section 522(d) of title 11, as 
amended from time to time; or 
"(2XA) any property that is exempt under Federal law, other 
than paragraph (1), or State or local law that is applicable on 
the date of the filing of the application for a remedy under this 
chapter at the place in which the debtor's domicile has been 
located for the 180 days immediately preceding the date of the 
filing of such application, or for a longer portion of such 180-day 
period than in any other place; and 
"(B) any interest in property in which the debtor had, imme-
diately before the filing of such application, an interest as a 
tenant by the entirety or joint tenant, or an interest in a 
community estate, to the extent that such interest is exempt 
from process under applicable nonbankruptcy law. 
"(b) EFFECT ON ASSERTION AND MANNER OF DETERMINATION.— 
"(1) STATEMENT.—A court may order the debtor to file a 
statement with regard to any claimed exemption. A copy of such 
statement shall be served on counsel for the United States. Such 
statement shall be under oath and shall describe each item of 
property for which exemption is claimed, the value and the 
basis for such valuation, and the nature of the debtor's owner-
ship interest. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4939 
"(2) HEARING.—The United States or the debtor, by applica-
tion to the court in which an action or proceeding under this 
chapter is pending, may request a hearing on the applicability 
of any exemption claimed by the debtor. The court shall deter-
mine the extent (if any) to which the exemption applies. Unless 
it is reasonably evident that the exemption applies, the debtor 
shall bear the burden of persuasion. 
"(3) STAY OF DISPOSITION.—Assertion of an exemption shall 
prevent the United States from selling or otherwise disposing of 
the property for which such exemption is claimed until the 
court determines whether the debtor has a substantial 
nonexempt interest in such property. The United States may 
not take possession of, dispose of, sell, or otherwise interfere 
with the debtor's normal use and enjoyment of an interest in 
property the United States knows or has reason to know is 
exempt. 
"(c) DEBTORS IN JOINT CASES.—Subject to the limitation in subsec-
tion (a), this section shall apply separately with respect to each 
debtor in a joint case. 
"§ 3015. Discovery as to debtor's flnancial condition 
"(a) IN GENERAL.—Except as provided in subsection (b), in an 
action or proceeding under subchapter B or C, the United States 
may have discovery regarding the financial condition of the debtor 
in the manner in which discovery is authorized by the Federal Rules 
of Civil Procedure in an action on a claim for a debt. 
"(b) LIMITATION.—Subsection (a) shall not apply with respect to an 
action or proceeding under subchapter B unless there is a reason-
able likelihood that the debt involved exceeds $50,000. 
"SUBCHAPTER B—PREJUDGMENT REMEDIES 
"Sec. 
"3101. Prejudgment remedies. 
"3102. Attachment. 
"3103. Receivership. 
- -
"3104. Garnishment. 
"3105. Sequestration. 
,. .,. 
"§ 3101. Prejudgment remedies 
"(a) APPUCATION.—(1) The United States may, in a proceeding in 
conjunction with the complaint or at any time after the filing of a 
civil action on a claim for a debt, make application under oath to a 
court to issue any prejudgment remedy. 
"(2) Such application shall be filed with the court and shall set 
forth the factual and legal basis for each prejudgment remedy 
sought. 
"(3) Such application shall— 
"(A) state that the debtor against whom the prejudgment 
remedy is sought shall be afforded an opportunity for a hearing; 
and 
"(B) set forth with particularity that all statutory require-
ments under this chapter for the issuance of the prejudgment 
remedy sought have been satisfied. 
"(b) GROUNDS.—Subject to section 3102, 3103, 3104, or 3105, a 
prejudgment remedy may be granted by any court if the United 
States shows reasonable cause to believe that— 
"(1) the debtor— 
104 STAT. 4940 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(A) is about to leave the jurisdiction of the United States 
with the effect of hindering, delaying, or defrauding the 
United States in its effort to recover a debt; 
"(B) has or is about to assign, dispose, remove, conceal, ill 
treat, waste, or destroy property with the effect of hinder-
ing, delaying, or defrauding the United States; 
"(C) has or is about to convert the debtor's property into 
money, securities, or evidence of debt in a manner preju-
dicial to the United States with the effect of hindering, 
dela5dng, or defrauding the United States; or 
"(D) has evaded service of process by concealing himself 
or has temporarily withdrawn from the jurisdiction of the 
United States with the effect of hindering, delaying, or 
defrauding the United States; or 
"(2) a prejudgment remedy is required to obtain jurisdiction 
within the United States and the prejudgment remedy sought 
will result in obtaining such jurisdiction. 
"(c) AFFIDAVIT.—(1) The application under subsection (a) shall 
include an affidavit establishing with particularity to the court's 
satisfaction facts supporting the probable validity of the claim for a 
debt and the right of the United States to recover what is demanded 
in the application. 
"(2) The affidavit shall state— 
"(A) specifically the amount of the debt claimed by the United 
States and any interest or costs attributable to such debt; 
"(B) one or more of the grounds specified in subsection (b); and 
"(C) the requirements of section 3102(b), 3103(a), 3104(a), or 
3105(b), as the case may be. 
"(3) No bond is required of the United States. 
"(d) NOTICE AND HEARING.—(1) On filing an application by the 
United States as provided in this section, the counsel for the United 
States shall prepare, and the clerk shall issue, a notice for service on 
the debtor against whom the prejudgment remedy is sought and on 
any other person whom the United States reasonably believes, after 
exercising due diligence, has possession, custody, or control of prop-
erty affected by such remedy. Three copies of the notice shall be 
served on each such person. The form and content of such notice 
shall be approved jointly by a majority of the chief judges of the 
Federal districts in the State in which the court is located and shall 
be in substantially the following form: 
" 'NOTICE 
" 'You are hereby notified that this [property] is being taken by 
the United States Government ("the Government"), which says that 
[name of debtor] owes it a debt of $ [amount] for [reason for debt] 
and has filed a lawsuit to collect this debt. The Government says it 
must take this property at this time because [recite the pertinent 
ground or grounds from section 3101(b)]. The Government wants to 
make sure [name of debtor] will pay if the court determines that this 
money is owed. 
" 'In addition, you are hereby notified that there are exemptions 
under the law which may protect some of this property from being 
taken by the Government if [name of debtor] can show that the 
exemptions apply. Below is a summary of the major exemptions 
which apply in most situations in the State of [State where property 
is located]: 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4941 
"'[A statement summarizing in plain and understand-
able English the election available with respect to such 
State under section 3014 and the types of property that may 
be exempted under each of the alternatives specified in 
paragraphs (1) and (2) of section 3014(a), and a statement 
that different property may be so exempted with respect to 
the State in which the debtor resides.] 
" If you are [name of debtor] and you disagree with the reason the 
Government gives for taking your property now, or if you think you 
do not owe the money to the Government that it says you do, or if 
you think the property the Government is taking qualifies under 
one of the above exemptions, you have a right to ask the court to 
return your property to you. 
" 'If you want a hearing, you must promptly notify the court. You 
must make your request in writing, and either mail it or deliver it in 
person to the clerk of the court at [address]. If you wish, you may use 
this notice to request the hearing by checking the box below and 
mailing this notice to the court clerk. You must also send a copy of 
your request to the Government at [address], so the Government will 
know you want a hearing. The hearing will take place within 5 days 
after the clerk receives your request, if you ask for it to take place 
that quickly, or as soon after that as possible. 
" 'At the hearing you may explain to the judge why you think you 
do not owe the money to the Government, why you disagree with the 
reason the Government says it must take your property at this time, 
or why you believe the property the Government has taken is 
exempt or belongs to someone else. You may make any or all of 
these explanations as you see fit. 
" 'If you think you live outside the Federal judicial district in 
which the court is located, you may request, not later than 20 days 
after you receive this notice, that this proceeding to take your 
property be transferred by the court to the Federal judicial district 
in which you reside. You must make your request in writing, and 
either mail it or deliver it in person to the clerk of the court at 
[address]. You must also send a copy of your request to the Govern-
ment at [address], so the Government will know you want the 
proceeding to be transferred. 
" 'Be sure to keep a copy of this notice for your own records. If you 
have any questions about your rights or about this procedure, you 
should contact a lawyer, an office of public legal assistance, or the 
clerk of the court. The clerk is not permitted to give legal advice, but 
can refer you to other sources of information.'. 
"(2) By requesting, at any time before judgment on the claim for a 
debt, the court to hold a hearing, the debtor may move to quash the 
order granting such remedy. The court shall hold a hearing on such 
motion as soon as practicable, or, if requested by the debtor, within 5 
days after receiving the request for a hearing or as soon thereafter 
as possible. The issues at such hearing shall be limited to— 
"(A) the probable validity of the claim for the debt for which 
such remedy was granted and of any defense or claim of exemp-
tion asserted by such person; 
"(B) compliance with any statutory requirement for the issu-
ance of the prejudgment remedy granted; 
"(C) the existence of any ground set forth in subsection (b); 
- and 
"(D) the inadequacy of alternative remedies (if any) to protect 
the interests of the United States. 
104 STAT. 4942 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(e) ISSUANCE OF WRIT.—On the court's determination that the 
requirements of subsections (a), (b), and (c) have been met, the court 
shall issue all process sufficient to put into effect the prejudgment 
remedy sought. 
"§ 3102. Attachment 
"(a) PROPERTY SUBJECT TO ATTACHMENT.—(1) Any property in 
the 
possession, custody, or control of the debtor and in which the debtor 
has a substantial nonexempt interest, except earnings, may be 
attached pursuant to a writ of attachment in an action or proceed-
ing against a debtor on a claim for a debt and may be held as 
security to satisfy such judgment, and interest and costs, as the 
United States may recover on such claim. 
"(2) The value of property attached shall not exceed the amount 
by which the sum of the amount of the debt claimed by the United 
States and the amount of interest and costs reasonably likely to be 
assessed against the debtor by the court exceeds the aggregate value 
of the nonexempt interest of the debtor in any— 
"(A) property securing the debt; and 
"(B) property garnished or in receivership, or income seques-
tered, under this subchapter. 
"(b) AvAiLABiuTY OF ATTACHMENT.—If the requirements of section 
3101 are satisfied, a court shall issue a writ authorizing the United 
States to attach property in which the debtor has a substantial 
nonexempt interest, as security for such judgment (and interest and 
costs) as the United States may recover on a claim for a debt— 
"(1) in an action on a contract, express or implied, against the 
debtor for payment of money, only if the United States shows 
reasonable cause to believe that— 
"(A) the contract is not fully secured by real or personal 
property; or 
"(B) the value of the original security is substantially 
diminished, without any act of the United States or the 
person to whom the security was given, below the amount 
of the debt; 
"(2) in an action against the debtor for damages in tort; 
"(3) if the debtor resides outside the jurisdiction of the United 
States; or 
"(4) in an action to recover a fine, penalty, or tax. 
"(c) ISSUANCE OF WRIT; CONTENTS.—(1) Subject to subsections (a) 
and Ob), a writ of attachment shall be issued by the court directing 
the United States marshal of the district where property described 
in subsection (a) is located to attach the property. 
"(2) Several writs of attachment may be issued at the same time, 
or in succession, and sent to different judicial districts until suffi-
cient property is attached. 
"(3) The writ of attachment shall contain— 
"(A) the date of the issuance of the writ; 
"(B) the identity of the court, the docket number of the action, 
and the identity of the cause of action; 
"(C) the name and last known address of the debtor; 
"(D) the amount to be secured by the attachment; and 
"(E) a reasonable description of the property to be attached. 
"(d) LEVY OF ATTACHMENT.—(1) The United States marshal receiv-
ing the writ shall proceed without delay to levy upon the property 
specified for attachment if found within the district. The marshal 
may not sell property unless ordered by the court. 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4943 
"(2) In performing the levy, the United States marshal may enter 
any property owned, occupied, or controlled by the debtor, except 
that the marshal may not enter a residence or other building unless 
the writ expressly authorizes the marshal to do so or upon specific 
order of the court. 
"(3) Levy on real property is made by entering the property and 
posting the writ and notice of levy in a conspicuous place upon the 
property. 
"(4) Levy on personal property is made by taking possession of it. 
Levy on personal property not easily taken into possession or which 
cannot be taken into possession without great inconvenience or 
expense may be made by affixing a copy of the writ and notice of 
levy on it or in a conspicuous place in the vicinity of it describing in 
the notice of levy the property by quantity and with sufficient detail 
to identify the property levied on. 
"(5) The United States marshal shall file a copy of the notice of 
levy in the same manner as provided for judgments in section 
3201(aXl). The United States marshal shall serve a copy of the writ 
and notice of levy on— 
"(A) the debtor against whom the writ is issued; and 
"(B) the person who has possession of the property subject to 
the writ; 
in the same manner that a summons is served in a civil action and 
make the return thereof. 
"(e) RETURN OF WRIT; DUTIES OF MARSHAL; FURTHER RETURN.—(1) 
A United States marshal executing a writ of attachment shall 
return the writ with the marshal's action endorsed thereon or 
attached thereto and signed by the marshal, to the court from which 
it was issued, within 5 days after the date of the levy. 
"(2) The return shall describe the property attached with suffi-
cient certainty to identify it and shall state the location where it was 
attached, the date and time it was attached, and the disposition 
made of the property. If no property was attached, the return shall 
so state. 
"(3) If the property levied on is claimed, replevied under subsec-
tion (j)(2), or sold under section 3007 after the return, the United 
States marshal shall immediately make a further return to the 
clerk of the court showing the disposition of the property. 
"(4) If personal property is replevied, the United States marshal 
shall deliver the replevin bond to the clerk of the court to be filed in 
the action. 
"(f) LEVY OF ATTACHMENT AS LIEN ON PROPERTY; SATISFACTION OF 
LIEN.—(1) A levy on property under a writ of attachment under this 
section creates a lien in favor of the United States on the property 
or, in the case of pershable property sold under section 3007, on' the 
proceeds of the sale. 
"(2) Such lien shall be ranked ahead of any other security in-
terests perfected after the later of the time of levy and the time a 
copy of the notice of levy is filed under subsection (d)(5). 
"(3) Such lien shall arise from the time of levy and shall continue 
until a judgment in the action is obtained or denied, or the action is 
otherwise dismissed. The death of the debtor whose property is 
attached does not terminate the attachment lien. Upon issuance of a 
judgment in the action and registration under this chapter, the 
judgment lien so created relates back to the time of levy. 
"(g) REDUCTION OR DISSOLUTION OF ATTACHMENT.—(1) If an exces-
sive or unreasonable attachment is made, the debtor may submit a 
104 STAT. 4944 
PUBLIC LAW 101-647—NOV. 29, 1990 
motion to the court for a reduction of the amount of the attachment 
or its dissolution. Notice of such motion shall be served on the 
United States. 
"(2) The court shall order a part of the property to be released, if 
after a hearing the court finds that the amount of the attachment is 
excessive or unreasonable or if the attachment is for an amount 
larger than the sum of the liquidated or ascertainable amount of the 
debt and the amount of interest and costs likely to be taxed. 
"(3) The court shall dissolve the attachment if the amount of the 
debt is unliquidated and unascertainable by calculation. 
"(4) If any property claimed to be exempt is levied on, the debtor 
may, at any time after such levy, request that the court vacate such 
levy. If it appears to the court that the property so levied upon is 
exempt, the court shall order the levy vacated and the property 
returned to the debtor. 
"(h) REPLEVIN OF ATTACHED PROPERTY BY DEBTOR; BOND.—If at-
tached property is not sold before judgment, the debtor may replevy 
such property or any part thereof by giving a bond approved by 
counsel for the United States or the court and payable to the United 
States in double the reasonable value of the property to be replevied 
or double the value of the claim, whichever is less. 
"(i) PRESERVATION OF PERSONAL PROPERTY UNDER ATTACHMENT.— 
If personal property in custody of the United States marshal under a 
writ of attachment is not replevied, claimed, or sold, the court may 
make such order for its preservation or use as appears to be in the 
interest of the parties, 
"(j) JUDGMENT AND DISPOSITION OF ATTACHED PROPERTY.— 
"(1) JUDGMENT FOR THE UNITED STATES.—On entry of judg-
ment for the United States, the court shall order the proceeds of 
personal property sold pursuant to section 3007 to be applied to 
the satisfaction of the judgment, and shall order the sale of any 
remaining personal property and any real property levied on to 
the extent necessary to satisfy the judgment. 
"(2) JUDGMENT FOR THE UNITED STATES WHEN PERSONAL PROP-
ERTY REPLEVIED.—With respect to personal property under 
attachment that is replevied, the judgment which may be en-
tered shall be eigainst the debtor against whom the writ of 
attachment is issued and also against the sureties on the 
debtor's replevin bond for the value of the property. 
"(3) RESTORATION OF PROPERTY AND EXONERATION OF REPLEVIN 
BOND.—If the attachment is vacated or if the judgment on the 
claim for the debt is for the person against whom the writ 
attachment is issued, the court shall order the property, or 
proceeds of perishable property sold under section 3007, re-
stored to the debtor and shall exonerate any replevin bond. 
"§ 3103. Receivership 
"(a) APPOINTMENT OF A RECEIVER.—If the requirements of section 
3101 are satisfied, a court may appoint a receiver for property in 
which the debtor has a substantial nonexempt interest if the United 
States shows reasonable cause to believe that there is a substantial 
danger that the property will be removed from the jurisdiction of 
the court, lost, concealed, materially injured or damaged, or 
mismanaged. 
"0>) POWERS OF RECEIVER.—(1) The appointing court may au-
thorize a receiver— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4945 
"(A) to take possession of real and personal property and sue 
for, collect, and sell obligations upon such conditions and for 
such purposes as the court shall direct; and 
"(B) to administer, collect, improve, lease, repair or sell pursu-
ant to section 3007 such real and personal property as the court 
shall direct. 
A receiver appointed to manage residential or commercial property 
shall have demonstrable expertise in the management of these types 
of property. 
"(2) Unless expressly authorized by order of the court, a receiver 
shall have no power to employ attorneys, accountants, appraisers, 
auctioneers, or other professional persons. 
"(c) DURATION OF RECEIVERSHIP.—A receivership shall not con-
tinue past the entry of judgment, or the conclusion of an appeal of 
such judgment, unless the court orders it continued under section 
3203(e) or unless the court otherwise directs its continuation. 
"(d) ACCOUNTS; REQUIREMENT TO REPORT.—A receiver shall keep Records, 
written accounts itemizing receipts and expenditures, describing the 
property and naming the depository of receivership funds. The 
receiver's accounts shall be open to inspection by any person having 
an apparent interest in the property. The receiver shall file reports 
at regular intervals as directed by the court and shall serve the 
debtor and the United States with a copy thereof. 
"(e) MODIFICATION OF POWERS; REMOVAL.—On motion of the re-
ceiver or on its own initiative, the court which appointed the 
receiver may remove the receiver or modify the receiver's powers at 
any time. 
"(f) PRIORITY.—If more than one court appoints a receiver for 
particular property, the receiver first qualifying under law shall be 
entitled to take possession, control, or custody of the property. 
"(g) COMPENSATION OF RECEIVERS.—(1) A receiver is entitled to 
such commissions, not exceeding 5 percent of the sums received and 
disbursed by him, as the court allows unless the court otherwise 
directs. 
"(2) If, at the termination of a receivership, there are no funds in 
the hands of a receiver, the court may fix the compensation of the 
receiver in accordance with the services rendered and may direct 
the party who moved for the appointment of the receiver to pay such 
compensation in addition to the necessary expenditures incurred by 
the receiver which remain unpaid. 
"(3) At the termination of a receivership, the receiver shall file a 
final accounting of the receipts and disbursements and apply for 
compensation setting forth the amount sought and the services 
rendered by the receiver. 
"§ 3104. Garnishment 
"(a) IN GENERAL.—If the requirements of section 3101 are satis-
fied, a court may issue a writ of garnishment against property 
(excluding earnings) in which the debtor has a substantial 
nonexempt interest and which is in the possession, custody, or 
control of a person other than the debtor in order to satisfy a claim 
for a debt. Co-owned property shall be subject to garnishment to the 
same extent £is co-owned property is subject to garnishment under 
the law of the State in which such property is located. A court may 
issue simultaneous separate writs of garnishment to several 
garnishees. A writ of garnishment issued under this subsection shall 
104 STAT. 4946 
PUBLIC LAW 101-647—NOV. 29, 1990 
be continuing and shall terminate only as provided in section 
3205(c)(10). 
"(b) WRIT.—(1) Subsections (b)(2) and (c) of section 3205 shall apply 
with respect to garnishment under this section, except that for 
purposes of this section— 
"(A) earnings of the debtor shall not be subject to garnish-
ment; and 
"(B) a reference in such subsections to a judgment debtor 
shall be deemed to be a reference to a debtor. 
"(2) The United States shall include in its application for a writ of 
garnishment— 
"(A) the amount of the claim asserted by the United States for 
a debt; and 
"(B) the date the writ is issued. 
"(c) LIMITATION.—The value of property garnished shall not 
exceed the amount by which the sum of the amount of the debt 
claimed by the United States and the amount of interest and costs 
reasonably likely to be assessed against the debtor by the court 
exceeds the aggregate value of the nonexempt interest of the debtor 
in any— 
"(1) property securing the debt; and 
"(2) property attached or in receivership, or income seques-
tered, under this subchapter. 
"§ 3105. Sequestration 
"(a) PROPERTY SUBJECT TO SEQUESTRATION.—(1) Any income from 
property in which the debtor has a substantial nonexempt interest 
may be sequestered pursuant to a writ of sequestration in an action 
or proceeding against a debtor on a claim for a debt and may be held 
as security to satisfy such judgment, and interest and costs, as the 
United States may recover on such claim. 
"(2) The amount of income sequestered shall not exceed the 
amount by which the sum of the amount of the debt claimed by the 
United States and the amount of interest and costs reasonably likely 
to be assessed against the debtor by the court exceeds the aggregate 
value of the nonexempt interest of the debtor in any— 
"(A) property securing the debt; and 
"(B) property attached, garnished, or in receivership under 
this subchapter. 
"(b) AVAILABILITY OF SEQUESTRATION.—If the requirements of sec-
tion 3101 are satisfied, a court shall issue a writ authorizing the 
United States to sequester income from property in which the 
debtor has a substantial nonexempt interest, £is security for such 
judgment (and interest and costs) as the United States may recover 
on a claim for a debt— 
"(1) in an action on a contract, express or implied, against the 
debtor for pasmient of money, only if the United States shows 
reasonable cause to believe that— 
"(A) the contract is not fully secured by real or personal 
property; or 
"(B) the value of the original security is substantially 
diminished, without any act of the United States or the 
person to whom the security was given, below the amount 
of the debt; 
"(2) in an action against the debtor for damages in tort; 
"(3) if the debtor resides outside the jurisdiction of the United 
States; or 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4947 
"(4) in an action to recover a fine, penalty, or tax. 
"(c) ISSUANCE OF WRIT; CONTENTS.—(1) Subject to subsections (a) 
and Ot)), a writ of sequestration shall be issued by the court directing 
the United States marshal of the district where income described in 
subsection (a) is located to sequester the income. 
"(2) Several writs of sequestration may be issued at the same time, 
or in succession, and sent to different judicial districts until suffi-
cient income is sequestered. 
"(3) The writ of sequestration shall contain— 
"(A) the date of the issuance of the writ; 
"(B) the identity of the court, the docket number of the action, 
and the identity of the cause of action; 
"(C) the name and last known address of the debtor; 
"(D) the amount to be secured by the sequestration; and 
"(E) a reasonable description of the income to be sequestered. 
"(d) EXECUTION OF WRIT.—(1) The United States marshal receiving 
the writ shall proceed without delay to execute the writ. 
"(2) The United States marshal shall file a copy of the notice of 
sequestration in the same manner as provided for judgments in 
section 3201(a)(1). The United States marshal shall serve a copy of 
the writ and notice of sequestration on— 
"(A) the debtor against whom the writ is issued; and 
"(B) the person who has possession of the income subject to 
the writ; 
in the same manner that a summons is served in a civil action and 
make the return thereof. 
"(e) DEPOSIT OF SEQUESTERED INCOME.—A person who has posses-
sion of the income subject to a writ of sequestration shall deposit 
such income with the clerk of the court, accompanied by a statement 
in writing stating the person's name, the name of the debtor, the 
amount of such income, the property from which such income is 
produced, and the period during which such income is produced. 
"(f) RETURN OF WRIT; DUTIES OF MARSHAL; FURTHER RETURN.—(1) 
A United States marshal executing a writ of sequestration shall 
return the writ with the marshal's action endorsed thereon or 
attached thereto and signed by the marshal, to the court from which 
it was issued, within 5 days after the date of the execution. 
"(2) The return shall describe the income sequestered with suffi-
cient certainty to identify it and shall state the location where it was 
sequestered, and the date and time it was sequestered. If no income 
was sequestered, the return shall so state. 
"(3) If sequestered income is claimed after the return, the United 
States marshal shall immediately make a further return to the 
clerk of the court showing the disposition of the income. 
"(g) 
REDUCTION OR DISSOLUTION OF SEQUESTRATION.—(1) If 
an 
excessive or unreasonable sequestration is made, the debtor may 
submit a motion to the court for a reduction of the amount of the 
sequestration or its dissolution. Notice of such motion shall be 
served on the United States. 
"(2) The court shall order a part of the income to be released, if 
after a hearing the court finds that the amount of the sequestration 
is excessive or unreasonable or if the sequestration is for an amount 
larger than the sum of the liquidated or ascertainable amount of the 
debt and the amount of interest and costs likely to be taxed. 
"(3) The court shedl dissolve the sequestration if the amount of the 
debt is unliquidated and unascertainable by calculation. 
104 STAT. 4948 
P U B U C LAW 101-647—NOV. 29, 1990 
"(h) 
PRESERVATION OF INCOME UNDER SEQUESTER.—If personal 
property in custody of the United States marshal under a writ of 
sequestration is not claimed, the court may make such order for its 
preservation or use as appears to be in the interest of the parties. 
"(i) JUDGMENT AND DISPOSITION OF SEQUESTERED INCOME.— 
"(1) JUDGMENT FOR THE UNITED STATES.—On entry of judg-
ment for the United States, the court shall order the seques-
tered income to be applied to the satisfaction of the judgment. 
"(2) RESTORATION OF INCOME.—If the sequestration is vacated 
or if the judgment on the claim for the debt is for the person 
against whom the writ of sequestration is issued, the court shall 
order the income restored to the debtor. 
"SUBCHAPTER C—POSTJUDGMENT REMEDIES 
"Sec. 
"3201. Judgment liens. 
"3202. Enforcement of judgments. 
"3203. Execution. 
"3204. Installment payment order. ^ 
"3205. Garnishment. 
"3206. Discharge. 
"§ 3201. Judgment liens 
"(a) CREATION.—A judgment in a civil action shall create a lien on 
all real property of a judgment debtor on filing a certified copy of 
the abstract of the judgment in the manner in which a notice of tax 
lien would be filed under paragraphs (1) and (2) of section 6323(f) of 
the Internal Revenue Code of 1986. A lien created under this 
paragraph is for the amount necessary to satisfy the judgment, 
including costs and interest. 
"(b) PRIORITY OF LIEN.—A lien created under subsection (a) shall 
have priority over any other lien or encumbrance which is perfected 
later in time. 
"(c) DURATION OF LIEN; RENEWAL.—(1) Except as provided in 
paragraph (2), a lien created under subsection (a) is effective, unless 
satisfied, for a period of 20 years. 
"(2) Such lien may be renewed for one additional period of 20 
years upon filing a notice of renewal in the same manner as the 
judgment is filed and shall relate back to the date the judgment is 
filed if— 
"(A) the notice of renewal is filed before the expiration of the 
20-year period to prevent the expiration of the lien; and 
(B) the court approves the renewal of such lien under this 
paragraph. 
"(d) RELEASE OF JUDGMENT LIEN.—A judgment lien shall be re-
leased on the filing of a satisfaction of judgment or release of lien in 
the same manner as the judgment is filed to obtain the lien. 
"(e) EFFECT OF LIEN ON ELIGIBIUTY FOR FEDERAL GRANTS, LOANS 
O
R PROGRAMS.—A debtor who has a judgment lien against the 
debtor's property for a debt to the United States shall not be eligible 
to receive any grant or loan which is made, insured, guaranteed, or 
financed directly or indirectly by the United States or to receive 
funds directly from the Federal Government in any program, except 
funds to which the debtor is entitled as beneficiary, until the 
judgment is paid in full or otherwise satisfied. The agency of the 
United States that is responsible for such grants and loans may 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4949 
promulgate regulations to allow for waiver of this restriction on 
eligibility for such grants, loans, and funds. 
"(f) SALE OF PROPERTY SUBJECT TO JUDGMENT LIEN.—(1) On proper 
application to a court, the court may order the United States to sell, 
in accordance with sections 2001 and 2002, any real property subject 
to a judgment lien in effect under this section. 
"(2) This subsection shall not preclude the United States from 
using an execution sale pursuant to section 3203(g) to sell real 
property subject to a judgment lien. 
"§ 3202. Enforcement of judgments 
"(a) ENFORCEMENT REMEDIES.—A judgment may be enforced by 
any of the remedies set forth in this subchapter. A court may issue 
other writs pursuant to section 1651 of title 28, United States Code, 
as necessary to support such remedies, subject to rule 81(b) of the 
Federal Rules of Civil Procedure. 
"(b) NOTICE.—On the commencement by the United States of an 
action or proceeding under this subchapter to obtain a remedy, the 
counsel for the United States shall prepare, and clerk of the court 
shall issue, a notice in substantially the following form: 
" 'NOTICE 
" 'You are hereby notified that this [property] is being taken by 
the United States Government, which has a court judgment in [case 
docket number and jurisdiction of court] of $[amount] for [reason of 
debt]. 
" 'In addition, you are hereby notified that there are exemptions 
under the law which may protect some of this property from being 
taken by the United States Government if [name of judgment 
debtor] can show that the exemptions apply. Below is a summary of 
the major exemptions which apply in most situations in the State of 
[State where property is located]: 
" '[A statement summarizing in plain and understand-
able English the election available with respect to such 
State under section 3014 and the types of property that may 
be exempted under each of the alternatives specified in 
paragraphs (1) and (2) of section 3014(a) and a statement 
that different property may be so exempted with respect to 
the State in which the debtor resides.] 
" 'If you are [name of judgment debtor], you have a right to ask 
the court to return your property to you if you think the property 
the Government is taking qualifies under one of the above exemp-
tions [For a default judgment:] or if you think you do not owe the 
money to the United States Government that it says you do. 
" 'If you want a hearing, you must notify the court within 20 days 
after you receive this notice. You must make your request in 
writing, and either mail it or deliver it in person to the clerk of the 
court at [address]. If you wish, you may use this notice to request the 
hearing by checking the box below and mailing this notice to the 
court clerk. You must also send a copy of your request to the 
Government at [address], so the Government will know you want a 
hearing. The hearing will take place within 5 days after the clerk 
receives your request, if you ask for it to take place that quickly, or 
as soon after that as possible. 
" 'At the hearing you may explain to the judge why you believe 
the property the Government has taken is exempt [For a default 
104 STAT. 4950 
PUBLIC LAW 101-647—NOV. 29, 1990 
judgment:] or why you think you do not owe the money to the 
Government. [For a writ of execution:] If you do not request a 
hearing within 20 days of receiving this notice, your [property] may 
be sold at public auction and the payment used toward the money 
you owe the Government. 
" 'If you think you live outside the Federal judicial district in 
which the court is located, you may request, not later than 20 days 
after your receive this notice, that this proceeding to take your 
property be transferred by the court to the Federal judicial district 
in which you reside. You must make your request in writing, and 
either mail it or deliver it in person to the clerk of the court at 
[address]. You must also send a copy of your request to the Govern-
ment at [address], so the Government will know you want the 
proceeding to be transferred. 
" 'Be sure to keep a copy of this notice for your own records. If you 
have any questions about your rights or about this procedure, you 
should contact a lawyer, an office of public legal assistance, or the 
clerk of the court. The clerk is not permitted to give legal advice, but 
can refer you to other sources of information.'. 
"(c) SERVICE.—A copy of the notice and a copy of the application 
for granting a remedy under this subchapter shall be served by 
counsel for the United States on the judgment debtor against whom 
such remedy is sought and on each person whom the United States, 
after diligent inquiry, has reasonable cause to believe has an in-
terest in property to which the remedy is directed. 
"(d) HEARING.—By requesting, within 20 days after receiving the 
notice described in section 3202(b), the court to hold a hearing, the 
judgment debtor may move to quash the order granting such 
remedy. The court that issued such order shall hold a hearing on 
such motion as soon as practicable, or, if so requested by the 
judgment debtor, within 5 days after receiving the request or as soon 
thereafter as possible. The issues at such hearing shall be limited— 
"(1) to the probable validity of any claim of exemption by the 
judgment debtor; 
"(2) to compliance with any statutory requirement for the 
issuance of the postjudgment remedy granted; and 
"(3) if the judgment is by default and only to the extent that 
the Constitution or another law of the United States provides a 
right to a hearing on the issue, to— 
"(A) the probable validity of the claim for the debt which 
is merged in the judgment; and 
"(B) the existence of good cause for setting aside such 
judgment. 
This subparagraph shall not be construed to afford the judg-
ment debtor the right to more than one such hearing except to 
the extent that the Constitution or another law of the United 
States provides a right to more than one such hearing. 
"(e) SALE OF PROPERTY.—The property of a judgment debtor which 
is subject to sale to satisfy the judgment may be sold by judicial sale, 
pursuant to sections 2001, 2002, and 2004 or by execution sale 
pursuant to section 3203(g). If a hearing is requested pursuant to 
subsection (d), property with respect to which the request relates 
shall not be sold before such hearing. 
"§ 3203. Execution 
"(a) PROPERTY SUBJECT TO EXECUTION.—All property in which the 
judgment debtor has a substantial nonexempt interest shall be 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4951 
subject to levy pursuant to a writ of execution. The debtor's earnings 
shall not be subject to execution while in the possession, custody, or 
control of the debtor's employer. Co-owned property shall be subject 
to execution to the extent such property is subject to execution 
under the law of the State in which it is located. 
"(b) CREATION OF EXECUTION LIEN.—A lien shall be created in 
favor of the United States on all property levied on under a writ of 
execution and shall date from the time of the levy. Such lien shall 
have priority over all subsequent liens and shall be for the aggre-
gate amount of the judgment, costs, and interest. The execution lien 
on any real property as to which the United States has a judgment 
lien shall relate back to the judgment lien date. 
"(c) WRIT OF EXECUTION.— 
"(1) ISSUANCE.—On written application of counsel for the 
United States, the court may issue a writ of execution. Multiple 
writs may issue simultaneously, and successive writs may issue 
before the return date of a writ previously issued. 
"(2) FORM OF WRIT.— 
"(A) GENERAL CONTENTS.—A writ of execution shall 
specify the date that the judgment is entered, the court in 
which it is entered, the amount of the judgment if for 
money, the amount of the costs, the amount of interest due, 
the sum due as of the date the writ is issued, the rate of 
postjudgment interest, the name of the judgment debtor, 
and the judgment debtor's last known address. 
"(B) ADDITIONAL CONTENTS.—(i) Except as provided in 
clauses (ii) and (iii), the writ shall direct the United States 
marshal to satisfy the judgment by lev5dng on and selling 
property in which the judgment debtor has a substantial 
nonexempt interest, but not to exceed property reasonably 
equivalent in value to the aggregate amount of the judg-
ment, costs, and interest. 
"(ii) A writ of execution issued on a judgment for the 
delivery to the United States of the possession of personal 
property, or for the delivery of the possession of real prop-
erty, shall particularly describe the property, and shall 
require the marshal to deliver the possession of the prop-
erty to the United States. 
"(iii) A writ of execution on a judgment for the recovery 
of personal property or its value shall direct the marshal, in 
case a delivery of the specific property cannot be had, to 
levy and collect such value out of any property in which the 
judgment debtor has a substantial nonexempt interest. 
"(d) LEVY OF EXECUTION.— 
"(1) IN GENERAL.—Levy on property pursuant to a writ of 
execution issued under this section shall be made in the same 
manner as levy on property is made pursuant to a writ of 
attachment issued under section 3102(d). 
"(2) DEATH OF JUDGMENT DEBTOR.—The death of the judgment 
debtor after a writ of execution is issued stays the execution 
proceedings, but any lien acquired by levy of the writ shall be 
recognized and enforced by the court for the district in which 
the estate of the deceased is located. The execution lien may be 
enforced— 
"(A) against the executor, administfator, or personal rep-
resentative of the estate of the deceased; or 
104 STAT. 4952 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(B) if there be none, against the deceased's property 
coming to the heirs or devisees or at their option against 
cash in their possession, but only to the extent of the value 
of the property coming to them. 
"(3) RECORDS OF UNITED STATES MARSHAL.—(A) A United 
States marshal receiving a writ of execution shall endorse 
thereon the exact hour and date of receipt. 
"(B) The United States marshal shall make a written record 
of every levy, specify the property on which levy is made, the 
date on which levy is made, and the marshal's costs, expenses, 
and fees. 
"(C) The United States marshal shall make a written return 
to the court on each writ of execution stating concisely what is 
done pursuant to the writ and shall deliver a copy to counsel for 
the United States who requests the writ. The writ shall be 
returned not more than— 
"(i) 90 days after the date of issuance if levy is not made; 
or 
"(ii) 10 days after the date of sale of property on which 
levy is made. 
"(e) APPOINTMENT OF RECEIVER.—Pending the levy of execution, 
the court may appoint a receiver to manage property described in 
such writ if there is a substantial danger that the property will be 
removed from the jurisdiction of the court, lost, materially injured 
or damaged, or mismanaged. 
"(f) REPLEVY; REDEMPTION.— 
"(1) BEFORE EXECUTION SALE.—(A) Before execution sale, the 
United States marshal may return property to the judgment 
debtor any personal property taken in execution, on— 
"(i) satisfaction of the judgment, interest, and costs, and 
any costs incurred in connection with scheduling the sale; 
or 
"(ii) receipt from the judgment debtor of a bond— 
"(I) payable to the United States, with 2 or more good 
and sufficient sureties to be approved by the marshal, 
conditioned on the delivery of the property to the 
marshal at the time and place named in the bond to be 
sold under subsection (g); or 
"(II) for the payment to the marshal of a fair value 
thereof which shall be stated in the bond. 
"(B) A judgment debtor who sells or disposes of property 
replevied under subparagraph (A) shall pay the United States 
marshal the stipulated value of such property. 
"(C) If the judgment debtor fails to deliver such property to 
the United States marshal pursuant to the terms of the delivery 
described in subparagraph (A)(ii)(I) and fails to pay the United 
States marshal the stipulated value of such property, the 
United States marshal shall endorse the bond 'forfeited' and 
return it to the court from which the writ of execution issued. If 
the judgment is not fully satisfied, the court shall issue a writ of 
execution against the judgment debtor and the sureties on the 
bond for the amount due, not exceeding the stipulated value of 
the property, on which execution no delivery bond shall be 
taken, which instruction shall be endorsed on the writ. 
"(2) AFTER EXECUTION SALE.—The judgment debtor shall not 
be entitled to redeem the property after the execution sale. 
"(g) EXECUTION SALE.— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4953 
"(1) GENERAL PROCEDURES.—An execution sale under this sec-
tion shall be conducted in a commercially reasonable manner— 
"(A) SALE OF REAL PROPERTY.— 
"(i) IN GENERAL.—(I) Except as provided in clause (ii), 
real property, or any interest therein, shall be sold, 
after the expiration of the 90-day period beginning on 
the date of levy under subsection (d), for cash at public 
auction at the courthouse of the county, parish, or city 
in which the greater part of the property is located or 
on the premises or some parcel thereof. 
"(II) The court may order the sale of any real prop-
erty after the expiration of the 30-day period beginning 
on the date of levy under subsection (d) if the court 
determines that such property is likely to perish, waste, 
be destroyed, or otherwise substantially depreciate in 
value during the 90-day period beginning on the date of 
levy. 
"(Ill) The time and place of sale of real property, or 
any interest therein, under execution shall be adver-
tised by the United States marshal, by publication of 
notice, once a week for at least 3 weeks prior to the 
sale, in at least one newspaper of general circulation in 
the county or parish where the property is located. The 
first publication shall appear not less than 25 days 
preceding the day of sale. The notice shall contain a 
statement of the authority by which the sale is to be 
made, the time of levy, the time and place of sale, and a 
brief description of the property to be sold, sufficient to 
identify the property (such as a street address for 
urban property and the survey identification and loca-
tion for rural property), but it shall not be necessary for 
the notice to contain field notes. Such property shall be 
open for inspection and appraisal, subject to the judg-
ment debtor's reasonable objections, for a reasonable 
period before the day of sale. 
"(IV) The United States marshal shall serve written 
notice of public sale by personal delivery, or certified or 
registered mail, to each person whom the marshal has 
reasonable cause to believe, after a title search is con-
ducted by the United States, has an interest in prop-
erty under execution, including lienholders, co-owners, 
and tenants, at least 25 days before the day of sale, to 
the last known address of each such person. 
"(ii) SALE OF CITY LOTS.—If the real property consists 
of several lots, tracts, or parcels in a city or town, each 
lot, tract, or parcel shall be offered for sale separately, 
unless not susceptible to separate sale because of the 
character of improvements. 
"(iii) SALE OF RURAL PROPERTY.—If the real property 
is not located in a city or town, the judgment debtor 
may— 
"(I) divide the property into lots of not less than 
50 acres or in such greater or lesser amounts as 
ordered by the court; 
"(II) furnish a survey of such prepared by a 
registered surveyor; and 
104 STAT. 4954 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(III) designate the order in which those lots 
shall be sold. 
When a sufficient number of lots are sold to satisfy the 
amount of the execution and costs of sale, the marshal 
shall stop the sale. 
"(B) SALE OF PERSONAL PROPERTY.—(i) Personal property 
levied on shall be offered for sale on the premises where it 
is located at the time of levy, at the courthouse of the 
county, parish or city wherein it is located, or at another 
location if ordered by the court. Personal property suscep-
tible of being exhibited shall not be sold unless it is present 
and subject to the view of those attending the sale unless— 
"(I) the property consists of shares of stock in cor-
porations; 
"(II) by reason of the nature of the property, it is 
impractical to exhibit it; or 
(III) the debtor's interest in the property does not 
include the right to the exclusive possession. 
"(iiXD Except as provided in subclause (II), personal prop-
erty, or any interest therein, shall be sold after the expira-
tion of the 30-day period beginning on the date of levy 
under subsection (d). 
"(II) The court may order the sale of any personal prop-
erty before the expiration of such 30-day period if the court 
determines that such property is likely to perish, waste, be 
destroyed, or otherwise substantially depreciate in value 
during such 30-day period. 
"(iii) Notice of the time and place of the sale of personal 
property shall be given by the United States marshal by 
posting notice thereof for not less than 10 days successively 
immediately before the day of sale at the courthouse of any 
county, parish, or city, and at the place where the sale is to 
be made. 
"(iv) The United States marshal shall serve written 
notice of public sale by personal delivery, or registered or 
certified mail at their last known addresses, on the judg-
ment debtor and other persons who the marshal has reason-
able cause to believe, after diligent inquiry, have a substan-
tial interest in the property. 
"(2) POSTPONEMENT OF SALE.—The United States marshal may 
postpone an execution sale from time to time by continuing the 
required posting or publication of notice until the date to which 
the sale is postponed, and appending, at the foot of each such 
notice of a current copy of the following: 
" 'The above sale is postponed until the 
day of 
,19 , at 
o clock 
.M., 
, United 
States 
Marshal 
for the District 
of 
. b y 
, Deputy, dated 
.*. 
"(3) SALE PROCEDURES.— 
"(A) BIDDING REQUIREMENTS.—A bidder at an execution 
sale of property, may be required by the United States 
marshal to make a cash deposit of as much as 20 percent of 
the sale price proposed before the bid is accepted. 
"(B) RESALE OF PROPERTY.—If the terms of the sale are not 
complied with by the successful bidder, the United States 
marshal shall proceed to sell the property again on the 
same day if there is sufficient time. If there is insufficient 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4955 
time, the marshal shall schedule and notice a subsequent 
sale of the property as provided in paragraphs (1) and (2). 
(4) RIGHTS AND UABILITIES OF PURCHASERS.— 
"(A) TRANSFER OF TITLE AFTER SALE.— 
"(i) If property is sold under this subsection and the 
successful bidder complies with the terms of the sale, 
the United States marshal shall execute and deliver all 
documents necessary to transfer to the successful 
bidder, without warranty, all the rights, titles, in-
terests, and claims of the judgment debtor in the prop-
erty. 
"(ii) If the successful bidder dies before execution and 
delivery of the documents needed to transfer owner-
ship, the United States marshal shall execute and de-
liver them to the successful bidder's estate. Such deliv-
ery to the estate shall have the same effect as if 
accomplished during the lifetime of the purchaser. 
"(B) PURCHASER CONSIDERED INNOCENT PURCHASER WITH-
OUT NOTICE.—The purchaser of property sold under execu-
tion shall be deemed to be an innocent purchgiser without 
notice if the purchaser would have been considered an 
innocent purchaser without notice had the sale been made 
voluntarily and in person by the judgment debtor. 
"(C) LIABILITY OF SUCCESSFUL BIDDER WHO FAILS TO COM-
PLY.—A successful bidder at an execution sale who fails to 
comply with the terms of the sale shall forfeit to the United 
States the cash deposit or, at the election of the United 
States, shall be liable to the United States, on a subsequent 
sale of the property, for all net losses incurred by the United 
States as a result of such failure. 
"(h) DISPOSITION OF PROCEEDS; FURTHER LEVY.— 
"(1) DISTRIBUTION OF SALE PROCEEDS.—(A) The United States 
marshal shall first deliver to the judgment debtor such amounts 
to which the judgment debtor is entitled from the sale of 
partially exempt property. 
"(B) The United States marshal shall next deduct from the 
proceeds of an execution sale of property an amount equal to 
the reasonable expenses incurred in making the levy of execu-
tion and in keeping and maintaining the property. 
"(C) Except as provided in subparagraph (D), the United 
States marshal shall deliver the balance of the proceeds to the 
counsel for the United States as soon as practicable. 
"(D) If more proceeds are received from the execution sale 
than is necessary to satisfy the executions held by the United 
States marshal, the marshal shall pay the surplus to the judg-
ment debtor. 
"(2) FURTHER LEVY IF EXECUTION NOT SATISFIED.—If the pro-
ceeds of the execution sale of the property levied on are insuffi-
cient to satisfy the execution, the United States marshal shall 
proceed on the same writ of execution to levy other property of 
the judgment debtor. 
"§ 3204. Installment payment order 
"(a) AUTHORITY TO ISSUE ORDER.—Subject to subsection (c), if it is 
shown that the judgment debtor— 
104 STAT. 4956 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(1) is receiving or will receive substantial nonexempt dispos-
able earnings from self employment that are not subject to 
garnishment; or 
"(2) is diverting or concealing substantial earnings from any 
source, or property received in lieu of earnings; 
then upon motion of the United States and notice to the judgment 
debtor, the court may, if appropriate, order that the judgment 
debtor make specified installment payments to the United States. 
Notice of the motion shall be served on the judgment debtor in the 
same manner as a summons or by registered or certified mail, 
return receipt requested. In fixing the amount of the payments, the 
court shall take into consideration after a hearing, the income, 
resources, and reasonable requirements of the judgment debtor and 
the judgment debtor's dependents, any other payments to be made 
in satisfaction of judgments against the judgment debtor, and the 
amount due on the judgment in favor of the United States. 
"(b) MODIFICATION OF ORDER.—On motion of the United States or 
the judgment debtor, and upon a showing that the judgment 
debtor's financial circumstances have changed or that assets not 
previously disclosed by the judgment debtor have been discovered, 
the court may modify the amount of payments, alter their fre-
quency, or require full payment. 
"(c) LIMITATION.—(1) An order may not be issued under subsection 
(a), and if so issued shall have no force or effect, against a judgment 
debtor with respect to whom there is in effect a writ of garnishment 
of earnings issued under this chapter and based on the same debt. 
"(2) An order may not be issued under subsection (a) with respect 
to any earnings of the debtor except nonexempt disposable earnings. 
"§ 3205. Garnishment 
"(a) IN GENERAL.—A court may issue a writ of garnishment 
against property (including nonexempt disposable earnings) in 
which the debtor has a substantial nonexempt interest and which is 
in the possession, custody, or control of a person other than the 
debtor, in order to satisfy the judgment against the debtor. Co-owned 
property shall be subject to garnishment to the same extent as co-
owned property is subject to garnishment under the law of the State 
in which such property is located. A court may issue simultaneous 
separate writs of garnishment to several garnishees. A writ of 
garnishment issued under this subsection shall be continuing and 
shall terminate only as provided in subsection (c)(10). 
"(b) WRIT.— 
"(1) GENERAL REQUIREMENTS.—The United States shall in-
clude in its application for a writ of garnishment— 
"(A) the judgment debtor's name, social security number 
(if known), and last known address; 
"(B) the nature and amount of the debt owed and the 
facts that not less than 30 days has elapsed since demand 
on the debtor for payment of the debt was made and the 
judgment debtor has not paid the amount due; and 
"(C) that the garnishee is believed to have possession of 
property (including nonexempt disposable earnings) in 
which the debtor has a substantial nonexempt interest. 
"(2) PROPER GARNISHEE FOR PARTICULAR PROPERTY.— 
"(A) If the property consists of a right to or share in the 
stock of an association or corporation, or interests or profits 
therein, for which a certificate of stock or other negotiable 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4957 
instrument is not outstanding, the corporation, or the presi-
dent or treasurer of the association shall be the garnishee. 
"(B) If the property consists of an interest in a partner-
ship interest, any partner other than the debtor shall be the 
garnishee on behalf of the partnership. 
"(C) If the property or a debt is evidenced by a negotiable 
instrument for the payment of money, a negotiable docu-
ment of title or a certificate of stock of an association or 
corporation, the instrument, document, or certificate shall 
be treated as property capable of delivery and the person 
holding it shall be the garnishee, except that— 
"(i) subject to clause (ii), in the case of a security 
which is transferable in the manner set forth in State 
law, the entity that carries on its books an account in 
the name of the debtor in which is reflected such 
security shall be the garnishee; and 
"(ii) notwithstanding clause (i), the pledgee shall be 
the garnishee if such security is pledged. 
"(c) PROCEDURES APPUCABLE TO WRIT.— 
"(1) COURT DETERMINATION.—If the court determines that the 
requirements of this section are satisfied, the court shall issue 
an appropriate writ of garnishment. 
"(2) FORM OF WRIT.—The writ shall state— 
"(A) The nature and amount of the debt, and any cost and 
interest owed with respect to the debt. 
"(B) The name and address of the garnishee. 
"(C) The name and address of counsel for the United 
States. 
"(D) The last known address of the judgment debtor. 
"(E) That the garnishee shall answer the writ within 10 
days of service of the writ. 
"(F) That the garnishee shall withhold and retain any 
property in which the debtor has a substantial nonexempt 
interest and for which the garnishee is or may become 
indebted to the judgment debtor pending further order of 
the court. 
"(3) SERVICE OF WRIT.—The United States shall serve the 
garnishee and the judgment debtor with a copy of the writ of 
garnishment and shall certify to the court that this service was 
made. The writ shall be accompanied by— 
"(A) an instruction explaining the requirement that the 
garnishee submit a written answer to the writ; and 
"(B) instructions to the judgment debtor for objecting to 
the answer of the garnishee and for obtaining a hearing on 
the objections. 
"(4) ANSWER OF THE GARNISHEE.—In its written answer to the 
writ of garnishment, the garnishee shall state under oath— 
"(A) whether the garnishee has custody, control or posses-
sion of such property; 
"(B) a description of such property and the value of such 
interest; 
"(C) a description of any previous garnishments to which 
such property is subject and the extent to which any 
remaining property is not exempt; and 
"(D) the amount of the debt the garnishee anticipates 
owing to the judgment debtor in the future and whether the 
104 STAT. 4958 
PUBLIC LAW 101-647—NOV. 29, 1990 
period for payment will be weekly or another specified 
period. 
The garnishee shall file the original answer with the court 
issuing the writ and serve a copy on the debtor and counsel for 
the United States. 
"(5) OBJECTIONS TO ANSWER.—Within 20 days after receipt of 
the answer, the judgment debtor or the United States may file a 
written objection to the answer and request a hearing. The 
party objecting shall state the grounds for the objection and 
bear the burden of proving such grounds. A copy of the objection 
and request for a hearing shall be served on the garnishee and 
all other parties. The court shall hold a hearing within 10 days 
after the date the request is received by the court, or as soon 
thereafter as is practicable, and give notice of the hearing date 
to all the parties. 
"(6) GARNISHEE'S FAILURE TO ANSWER OR PAY.—If a garnishee 
fails to answer the writ of garnishment or to withhold property 
in accordance with the writ, the United States may petition the 
court for an order requiring the garnishee to appear before the 
court to answer the writ and to so withhold property before the 
appearance date. If the garnishee fails to appear, or appears and 
fails to show good cause why the garnishee failed to comply with 
the writ, the court shall enter judgment against the garnishee 
for the value of the judgment debtor's nonexempt interest in 
such property (including nonexempt disposable earnings). The 
court may award a reasonable attorney's fee to the United 
States and against the garnishee if the writ is not answered 
within the time specified therein and a petition requiring the 
garnishee to appear is filed as provided in this section. 
"(7) DISPOSITION ORDER.—After the garnishee files an answer 
and if no hearing is requested within the required time period, 
the court shall promptly enter an order directing the garnishee 
as to the disposition of the judgment debtor's nonexempt in-
terest in such property. If a hearing is timely requested, the 
order shall be entered within 5 days after the hearing, or as 
soon thereafter as is practicable. 
"(8) PRIORITIES.—Judicial orders and garnishments for the 
support of a person shall have priority over a writ of garnish-
ment issued under this section. As to any other writ of garnish-
ment or levy, a garnishment issued under this section shall 
have priority over writs which are issued later in time. 
"(9) ACCOUNTING.—(A) While a writ of garnishment is in 
effect under this section, the United States shall give an annual 
accounting on the garnishment to the judgment debtor and the 
garnishee. 
"(B) Within 10 days after the garnishment terminates, the 
United States shall give a cumulative written accounting to the 
judgment debtor and garnishee of all property it receives under 
a writ of garnishment. Within 10 days after such accounting is 
received, the judgment debtor or garnishee may file a written 
objection to the accounting and a request for hearing. The party 
objecting shall state grounds for the objection. The court shall 
hold a hearing on the objection within 10 days after the court 
receives the request for a hearing, or as soon thereafter as is 
practicable. 
"(10) TERMINATION OF GARNISHMENT.—A garnishment under 
this chapter is terminated only by— 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4959 
"(A) a court order quashing the writ of garnishment; 
"(B) exhaustion of property in the possesion, custody, or 
control of the garnishee in which the debtor has a substan-
tial nonexempt interest (including nonexempt disposable 
earnings), unless the garnishee reinstates or reemploys the 
judgment debtor within 90 days after the judgment debtor's 
dismissal or resignation; or 
"(C) satisfaction of the debt with respect to which the writ 
is issued, 
"§ 3206. Discharge 
"A person who pursuant to an execution or order issued under 
this chapter by a court pays or delivers to the United States, a 
United States marshal, or a receiver, money or other personal 
property in which a judgment debtor has or will have an interest, or 
so pays a debt such person owes the judgment debtor, is discharged 
from such debt to the judgment debtor to the extent of the payment 
or delivery. 
"SUBCHAPTER D—FRAUDULENT TRANSFERS INVOLVING 
DEBTS 
"Sec. 
"3301. Definitions. 
"3302. Insolvency. 
"3303. Value for a transfer or obligation. 
"3304. Transfer fraudulent as to a debt to the United States. 
"3305. When transfer is made or obligation is incurred. 
"3306. Remedies of the United States. 
"3307. Defenses, liability and protection of transferee. 
• 
"3308. Supplementary provision. 
"§ 3301. Definitions 
"As used in this subchapter: 
"(1)'Affiliate'means— 
"(A) a person who directly or indirectly owns, controls, or 
holds with power to vote, 20 percent or more of the 
outstanding voting securities of the debtor, other than a 
person who holds the securities— 
"(i) as a fiduciary or agent without sole discretionary 
power to vote the securities; or 
"(ii) solely to secure a debt, if the person has not 
exercised the power to vote; 
"(B) a corporation 20 percent or more of whose outstand-
ing voting securities are directly or indirectly owned, con-
trolled, or held with power to vote, by the debtor or a 
person who directly or indirectly owns, controls, or holds 
with power to vote, 20 percent or more of the outstanding 
voting securities of the debtor, other than the person who 
holds securities— 
"(i) as a fiduciary or agent without sole power to vote 
the securities; or 
"(ii) solely to secure a debt, if the person has not in 
fact exercised the power to vote; 
"(C) a person whose business is operated by the debtor 
under a lease or other agreement, or a person substantially 
all of whose assets are controlled by the debtor; or 
104 STAT. 4960 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(D) a person who operates the debtor's business under a 
lease or other agreement or controls substantially all of the 
debtor's assets. 
"(2) 'Asset' means property of a debtor, but does not include— 
"(A) property to the extent it is encumbered by a valid 
lien; 
"(B) property to the extent it is generally exempt under 
nonbankruptcy law; or 
"(C) an interest in real property held in tenancy by the 
entirety, or as part of a community estate, to extent such 
interest is not subject to process by the United States 
holding a claim against only one tenant or co-owner. 
"(3) 'Claim' means a right to payment, whether or not the 
right is reduced to judgment, liquidated, unliquidated, fixed, 
contingent, matured, unmatured, disputed, undisputed, legal, 
equitable, secured, or unsecured. 
"(4) 'Creditor' means a person who has a claim. 
"(5) 'Insider' includes— 
"(A) if the debtor is an individual— 
"(i) a relative of the debtor or of a general partner of 
the debtor; 
"(ii) a partnership in which the debtor is a general 
partner; 
"(iii) a general partner in a partnership described in 
clause (ii); or 
"(iv) a corporation of which the debtor is a director, 
officer, or person in control; 
"(B) if the debtor is a corporation— 
"(i) a director of the debtor; 
"(ii) an officer of the debtor; 
"(iii) a person in control of the debtor; 
"(iv) a partnership in which the debtor is a general 
partner; 
"(v) a general partner in a partnership described in 
clause (iv); or 
"(vi) a relative of a general partner, director, officer, 
or person in control of the debtor; 
"(C) if the debtor is a partnership— 
"(i) a general partner in the debtor; 
"(ii) a relative of a general partner in, a general 
partner of, or a person in control of the debtor; 
"(iii) another partnership in which the debtor is a 
general partner; 
"(iv) a general partner in a partnership described in 
clause (iii); or 
"(v) a person in control of the debtor. 
"(D) an affiliate, or an insider of an affiliate as if the 
affiliate were the debtor; and 
"(E) a managing agent of the debtor, 
"(4) 'Lien' means a charge against or an interest in property 
to secure payment of a debt and includes a security interest 
created by agreement, a judicial lien obtained by legal or equi-
table process or proceedings, a common law lien, or a statutory 
lien. 
"(5) 'Relative' means an individual related, by consanguinity 
or adoption, within the third degree as determined by the 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4961 
common law, a spouse, or an individual so related to a spouse 
within the third degree as so determined. 
"(6) 'Transfer' means every mode, direct or indirect, absolute 
or conditional, voluntary or involuntary, of disposing of or 
parting with an asset or an interest in an asset, and includes 
pajonent of money, release, lease, and creation of a lien or other 
encumbrance. 
"(7) 'Valid lien' means a lien that is effective against the 
holder of a judicial lien subsequently obtained in legal or equi-
table proceeding. 
"§ 3302. Insolvency 
"(a) IN GENERAL.—Except as provided in subsection (c), a debtor is 
insolvent if the sum of the debtor's debts is greater than all of the 
debtor's assets at a fair valuation. 
"(b) PRESUMPTION.—A debtor who is generally not paying debts as 
they become due is presumed to be insolvent. 
"(c) CALCULATION.—A partnership is insolvent under subsection 
(a) if the sum of the partnership's debts is greater than the aggre-
gate, at a fair valuation, of— 
"(1) all of the partnership's assets; and 
"(2) the sum of the excess of the value of each general 
partner's non-partnership assets over the partner's non-partner-
ship debts. 
"(d) ASSETS.—For purposes of this section, assets do not include 
property that is transferred, concealed, or removed with' intent to 
hinder, delay, or defraud creditors or that has been transferred in a 
manner making the transfer voidable under this subchapter. 
"(e) DEBTS.—For purposes of this section, debts do not include an 
obligation to the extent such obligation is secured by a valid lien on 
property of the debtor not included as an asset. 
"§ 3303. Value for transfer or obligation 
"(a) TRANSACTION.—Value is given for a transfer or an obligation 
if, in exchange for the transfer or obligation, property is transferred 
or an antecedent debt is secured or satisfied, but value does not 
include an unperformed promise made otherwise than in the ordi-
nary course of the promisor's business to furnish support to the 
debtor or another person. 
"(b) REASONABLY EQUIVALENT VALUE.—For the purposes of sec-
tions 3304 and 3307, a person gives a reasonably equivalent value if 
the person acquires an interest of the debtor in an asset pursuant to 
a regularly conducted, noncollusive foreclosure sale or execution of 
a power of sale for the acquisition or disposition of such interest 
upon default under a mortgage, deed of trust, or security agreement. 
"(c) PRESENT VALUE.—A transfer is made for present value if the 
exchange between the debtor and the transferee is intended by them 
to be contemporaneous and is in fact substantially contempora-
neous. 
"§ 3304. Transfer fraudulent as to a debt to the United States 
"(a) DEBT ARISING BEFORE TRANSFER.—Except as provided in sec-
tion 3307, a transfer made or obligation incurred by a debtor is 
fraudulent as to a debt to the United States which arises before the 
transfer is made or the obligation is incurred i
f
— 
104 STAT. 4962 
PUBLIC LAW 101-647—NOV. 29, 1990 
"(IXA) the debtor makes the transfer or incurs the obligation 
without receiving a reasonably equivalent value in exchange for 
the transfer or obligation; and 
"(B) the debtor is insolvent at that time or the debtor becomes 
insolvent as a result of the transfer or obligation; or 
"(2)(A) the transfer was made to an insider for an antecedent 
debt, the debtor was insolvent at the time; and 
"(B) the insider had reasonable cause to believe that the 
debtor WEIS insolvent. 
"(b) 
TRANSFERS WITHOUT REGARD TO DATE OF JUDGMENT,—(1) 
Except as provided in section 3307, a transfer made or obligation 
incurred by a debtor is fraudulent as to a debt to the United States, 
whether such debt arises before or after the transfer is made or the 
obligation is incurred, if the debtor makes the transfer or incurs the 
obligation— 
"(A) with actual intent to hinder, delay, or defraud a creditor; 
or 
"(B) without receiving a reasonably equivalent value in ex-
change for the transfer or obligation if the debtor— 
"(i) was engaged or was about to engage in a business or a 
transaction for which the remaining assets of the debtor 
were unreasonably small in relation to the business or 
transaction; or 
"(ii) intended to incur, or believed or reasonably should 
have believed that he would incur, debts beyond his ability 
to pay as they became due. 
"(2) In determining actual intent under paragraph (1), consider-
ation may be given, among other factors, to whether— 
"(A) the transfer or obligation was to an insider; 
"(B) the debtor retained possession or control of the property 
transferred after the transfer; 
"(C) the transfer or obligation was disclosed or concealed; 
"(D) before the transfer was made or obligation was incurred, 
the debtor had been sued or threatened with suit; 
"(E) the transfer was of substantially all the debtor's assets; 
"(F) the debtor absconded; 
"(G) the debtor removed or concealed assets; 
"(H) the value of the consideration received by the debtor was 
reasonably equivalent to the value of the asset transferred or 
the amount of the obligation incurred; 
"(I) the debtor was insolvent or became insolvent shortly after 
the transfer was made or the obligation was incurred; 
"(J) the transfer occurred shortly before or shortly after a 
substantial debt was incurred; and 
"(K) the debtor transferred the essential assets of the business 
to a lienor who transferred the assets to an insider of the debtor. 
"§ 3305. When transfer is made or obligation is incurred 
"For the purposes of this subchapter: 
"(1) A transfer is made— 
"(A) with respect to an asset that is real property (other 
than a fixture, but including the interest of a seller or 
purchaser under a contract for the sale of the asset), when 
the transfer is so far perfected that a good-faith purchaser 
of the asset from the debtor against whom applicable law 
permits the transfer to be perfected cannot acquire an 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4963 
interest in the asset that is superior to the interest of the 
transferee; and 
"(B) with respect to an asset that is not real property or 
that is a fixture, when the transfer is so far perfected that a 
creditor on a simple contract cannot acquire, otherwise 
than under this subchapter, a judicial lien that is superior 
to the interest of the transferee. 
"(2) If applicable law permits the transfer to be perfected as 
approved in paragraph (1) and the transfer is not so perfected 
before the commencement of an action or proceeding for relief 
under this subchapter, the transfer is deemed made imme-
diately before the commencement of the action or proceeding. 
"(3) If applicable law does not permit the transfer to be 
perfected as provided in paragraph (1), the transfer is made 
when it becomes effective between the debtor and the 
transferee. 
"(4) A transfer is not made until the debtor has acquired 
rights in the asset transferred. 
"(5) An obligation is incurred— 
"(A) if oral, when it becomes effective between the par-
ties; or 
"(B) if evidenced by a writing executed by the obligor, 
when such writing is delivered to or for the benefit of the 
obligee. 
"§ 3306. Remedies of the United States 
"(a) IN GENERAL.—In an action or proceeding under this sub-
chapter for relief against a transfer or obligation, the United States, 
subject to section 3307 and to applicable principles of equity and in 
accordance with the Federal Rules of Civil Procedure, may obtain— 
"(1) avoidance of the transfer or obligation to the extent 
necessary to satisfy the debt to the United States; 
"(2) a remedy under this chapter against the asset transferred 
or other property of the transferee; or 
"(3) any other relief the circumstances may require. 
"(b) LIMITATION.—A claim for relief with respect to a fraudulent 
transfer or obligation under this subchapter is extinguished unless 
action is brought— 
"(1) under section 3304(b)(lXA) within 6 years after the trans-
fer was made or the obligation was incurred or, if later, within 2 
years after the transfer or obligation w£is or could reasonably 
have been discovered by the claimant; 
"(2) under subsection (a)(1) or (b)(1)(B) of section 3304 within 6 
years after the transfer was made or the obligation was in-
curred; or 
"(3) under section 3304(a)(2) within 2 years after the transfer 
was made or the obligation was incurred. 
"§ 3307. Defenses, liability, and protection of transferee 
"(a) GOOD FAITH TRANSFER.—A transfer or obligation is not void-
able under section 3304(b) with respect to a person who took in good 
faith and for a reasonably equivalent value or against any trans-
feree or obligee subsequent to such person. 
"(b) LIMITATION.—Except as provided in subsection (d), to the 
extent a transfer is voidable in an action or proceeding by the 
United States under section 3306(aXl), the United States may re-
cover judgment for the value of the asset transferred, but not to 
104 STAT. 4964 
PUBLIC LAW 101-647—NOV. 29, 1990 
exceed the judgment on a debt. The judgment may be entered 
against— 
"(1) the first transferee of the asset or the person for whose 
benefit the transfer was made; or 
"(2) any subsequent transferee, other than a good faith trans-
feree who took for value or any subsequent transferee of such 
good-faith transferee. 
"(c) VALUE OF ASSET.—For purposes of subsection (b), the value of 
the asset is the value of the asset at the time of the transfer, subject 
to adjustment as the equities may require. 
"(d) RIGHTS OF GOOD FAITH TRANSFEREES AND OBLIGEES.—Notwith-
standing voidability of a transfer or an obligation under this sub-
chapter, a good-faith transferee or obligee is entitled, to the extent 
of the value given the debtor for the transfer or obligation, to— 
"(1) a lien on or a right to retain any interest in the asset 
transferred; 
"(2) enforcement of any obligation incurred; or 
"(3) a reduction in the amount of the liability on the 
judgment. 
"(e) EXCEPTIONS.—A transfer is not voidable under section 3304(a) 
or section 3304(b)(2) if the transfer results from— 
"(1) termination of a lease upon default by the debtor when 
the termination is pursuant to the lease and applicable law; or 
"(2) enforcement of a security interest in compliance with 
article 9 of the Uniform Commercial Code or its equivalent in 
effect in the State where the property is located. 
"(f) LIMITATION OF VOIDABILITY.—A transfer is not voidable under 
section 3304(a)(2)— 
"(1) to the extent the insider gives new value to or for the 
benefit of the debtor after the transfer is made unless the new 
value is secured by a valid lien; 
"(2) if made in the ordinary course of business or financial 
affairs of the debtor and the insider; or 
"(3) if made pursuant to a good-faith effort to rehabilitate the 
debtor and the transfer secured both present value given for 
that purpose and an antecedent debt of the debtor. 
"§ 3308. Supplementary provision 
"Except as provided in this subchapter, the principles of law and 
equity, including the law merchant and the law relating to principal 
and agent, estoppel, laches, fraud, misrepresentation, duress, coer-
cion, mistake, insolvency, or other validating or invalidating cause 
shall apply to actions and proceedings under this subchapter.". 
Sec. 3302. The table of chapters for part VI of title 28, United 
States Code, is amended by adding at the end the following: 
"176. Federal Debt Ck)llection Procedures". 
Subtitle B—Amendments to Other Provisions 
of Law 
SEC. 3621. Section 523(a)(8) of title 11, United States Code, is 
amended— 
(1) by striking "for an educational" and all that follows 
through "unless , and inserting the following: "for an edu-
cational benefit overpayment or loan made, insured or guaran-
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4965 
teed by a governmental unit, or made under any program 
funded in whole or in part by a governmental unit or nonprofit 
institution, or for an obligation to repay funds received as an 
educational benefit, scholarship or stipend, unless"; £ind 
(2) by amending subparagraph (A) to read as follows: 
"(A) such loan, benefit, scholarship, or stipend overpay-
ment first became due more than 7 years (exclusive of any 
applicable suspension of the repayment period) before the 
date of the filing of the petition; or". 
SEC. 3622. Section 3142(cXlXBXxi) of title 18, United States Code, 
is amended to read as follows: 
"(xi) execute an agreement to forfeit upon failing to 
appear as required, property of a sufficient unencumbered 
value, including money, as is reasonably necessary to 
assure the appearance of the person as required, and shall 
provide the court with proof of ownership and the value of 
the property along with information regarding existing 
encumbrances as the judicial office may require;". 
SEC. 3623. Section 3142(cXlXBXxii) of title 18, United States Code, 
is amended to read as follows: 
"(xii) execute a bail bond with solvent sureties; who will 
execute an agreement to forfeit in such amount as is 
reasonably necessary to assure appearance of the person as 
required and shall provide the court with information 
regarding the value of the assets and liabilities of the 
surety if other than an approved surety and the nature and 
extent of encumbrances against the surety's property; such 
surety shall have a net worth which shall have sufficient 
unencumbered value to pay the amount of the bail bond;". 
SEC. 3624. Section 3142(gX4) of title 18, United States Code, is 
amended by— 
(1) striking out "(cX2XK)" and inserting in lieu thererof 
"(cXlXBXxi)"; and 
(2) striking out "(cX2XL)" and inserting in lieu thereof 
"(cXlXBXxii)". 
SEC. 3625. Section 3552(d) of title 18, United States Code, is 
amended by adding at the end the following: "The court shall Reports, 
provide a copy of the presentence report to the attorney for the 
Government to use in collecting an assessment, criminal fine, for-
feiture or restitution imposed.". 
SEC. 3626. (a) Section 550 of title 28, United States Code, is 
amended— 
/ 
(1) in the heading by striking "and messengers" and inserting 
", messengers, and private process servers"; and 
(2) by striking "and messengers on" and inserting ", mes-
sengers, and private process servers on". 
(b) The table of sections of chapter 35 of title 28, United States 
Code, is amended by striking the item relating to section 550 and 
inserting the following: 
"550. Clerical assistants, messengers, and private process servers.". 
SEC. 3627. Section 1962 of title 28, United States Code, is amended 
by inserting after the first sentence the following: "This section does 
not apply to judgments entered in favor of the United States,". 
SEC. 3628. Section 1963 of title 28, United States Code, is amended 
by inserting after the first sentence the following: "Such a judgment 
104 STAT. 4966 
PUBLIC LAW 101-647—NOV. 29, 1990 
Courts. 
Effective dates. 
28 use 3001 
note. 
entered in favor of the United States may be so registered any time 
after judgment is entered.". 
SEC. 3629. (a) Chapter 129 of title 28, United States Code, is 
amended by adding at the end thereof the following: 
"§ 2044. Payment of Hne with bond money 
"On motion of the United States attorney, the court shall order 
any money belonging to and deposited by or on behalf of the 
defendant with the court for the purposes of a criminal appearance 
bail bond (trial or appeal) to be held and paid over to the United 
States attorney to be applied to the payment of any assessment, fine, 
restitution, or penalty imposed upon the defendant. The court shall 
not release any money deposited for bond purposes after a plea or a 
verdict of the defendant's guilt has been entered and before sentenc-
ing except upon a showing that an assessment, fine, restitution or 
penalty cannot be imposed for the offense the defendant committed 
or that the defendant would suffer an undue hardship. This section 
shall not apply to any third party surety.". 
(b) The table of sections for chapter 29 of title 28, United States 
Code, is amended by adding at the end thereof the following: 
"2044. Payment of fine with bond money.". 
SEC. 3630. Section 2410(c) of title 28, United States Code, is 
amended by adding at the end the following: "In any case where the 
United States is a bidder at the judicial sale, it may credit the 
amount determined to be due it against the amount it bids at such 
sales.". 
Subtitle C—Miscellaneous 
SEC. 3631. (a) Except £is provided in subsection (b), this Act and the 
amendments made by this Act shall take effect 180 days after the 
date of the enactment of this Act. 
(b)(1) The amendments made by title I of this Act shall apply with 
respect to actions pending on the effective date of this Act in any 
court on— 
(A) a claim for a debt; or 
(B) a judgment for a debt. 
(2) All notices, writs, orders, and judgments in effect in such 
actions shall continue in effect until superseded or modified in an 
action under chapter 176 of title 28 of the United States Code, as 
added by title I of this Act. 
(3) For purposes of this subsection— 
(A) the term "court" means a Federal, State, or local court, 
and 
(B) the term "debt" has the meaning given such term in 
section and 3002(3) of such chapter. 
TITLE XXXVII—NATIONAL CHILD 
SEARCH ASSISTANCE ACT OF 1990 
42 u s e 5779. SEC. 3701. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Each Federal, State, and local law enforcement 
agency shall report each case of a missing child under the age of 18 
PUBLIC LAW 101-647—NOV. 29, 1990 
104 STAT. 4967 
reported to such agency to the National Crime Information Center 
of the Department of Justice. 
(b) GUIDELINES.—The Attorney General may establish guidelines 
for the collection of such reports including procedures for carrying 
out the purposes of this Act. 
(c) ANNUAL SUMMARY.—The Attorney General shall publish an 
annual statistical summary of the reports received under this title. 
SEC. 3702. STATE REQUIREMENTS. 
42 USC 5780. 
Each State reporting under the provisions of this title shall— 
(1) ensure that no law enforcement agency within the State 
establishes or maintains any policy that requires the observance 
of any waiting period before accepting a missing child or un-
identified person report; 
(2) provide that each such report and all necessary and avail-
able information, which, with respect to each missing child 
report, shall include— 
(A) the name, date of birth, sex, race, height, weight, and 
eye and hair color of the child; 
(B) the date and location of the last known contact with 
the child; and 
(C) the category under which the child is reported 
missing; 
is entered immediately into the State law enforcement system 
and the National Crime Information Center computer networks 
and made available to the Missing Children Information 
Clearinghouse within the State or other agency designated 
within the State to receive such reports; and 
(3) provide that after receiving reports as provided in para-
graph (2), the law enforcement agency that entered the report 
into the National Crime Information Center shall— 
(A) no later than 60 days after the original entry of the Records, 
record into the State law enforcement system and National 
Crime Information Center computer networks, verify and 
update such record with any additional information, includ-
ing, where available, medical and dental records; 
(B) institute or assist with appropriate search and inves-
tigative procedures; and 
(C) maintain close liaison with the National Center for 
Missing and Exploited Children for the exchange of 
39-194 O - 91 - 19 : QL 3 Part 6 
104 STAT. 4968 
PUBLIC LAW 101-647—NOV. 29, 1990 
information and technical assistance in the missing chil-
dren cases. 
Approved November 29, 1990. 
LEGISLATIVE HISTORY—S. 3266 (H.R. 5269): 
HOUSE REPORTS: No. 101-681, Pt. 1 (Ctomm. on the Judiciary) and Ft. 2 (Ctomm. on 
Ways and Means) both accompanjdng H.R. 5269. 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 3-5, H.R. 5269 considered and passed House. 
Oct. 23, considered and passed Senate, amended. 
Oct 27, S. 3266 consideried and passed Senate and House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Nov. 29, Presidential statement.