[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Engrossed Amendment Senate (EAS)]
103d CONGRESS
1st Session
H. R. 3355
_______________________________________________________________________
AMENDMENT
In the Senate of the United States,
November 19 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representatives (H.R.
3355) entitled ``An Act to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to allow grants to increase police presence, to
expand and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder problems,
and otherwise to enhance public safety'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control and Law
Enforcement Act of 1993''.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Community policing; ``Cops on the Beat''.
TITLE II--DEATH PENALTY
Sec. 201. Short title.
Sec. 202. Constitutional procedures for the imposition of the sentence
of death.
Sec. 203. Specific offenses for which death penalty is authorized.
Sec. 204. Applicability to Uniform Code of Military Justice.
Sec. 205. Death penalty for murder by a Federal prisoner.
Sec. 206. Death penalty for civil rights murders.
Sec. 207. Death penalty for the murder of Federal law enforcement
officials.
Sec. 208. New offense for the indiscriminate use of weapons to further
drug conspiracies.
Sec. 209. Foreign murder of United States nationals.
Sec. 210. Death penalty for rape and child molestation murders.
Sec. 211. Death penalty for sexual exploitation of children.
Sec. 212. Murder by escaped prisoners.
Sec. 213. Death penalty for gun murders during Federal crimes of
violence and drug trafficking crimes.
Sec. 214. Homicides and attempted homicides involving firearms in
Federal facilities.
Sec. 215. Murder in course of alien smuggling.
TITLE III--FIREARMS
Subtitle A--Restraining Orders
Sec. 301. Persons subject to restraining orders.
Subtitle B--Licensure
Sec. 311. Firearms licensure and registration to require a photograph
and fingerprints.
Sec. 312. Compliance with State and local law as a condition to
license.
Sec. 313. Action on firearms license application.
Sec. 314. Inspection of firearms licensees' inventory and records.
Sec. 315. Reports of theft or loss of firearms.
Sec. 316. Responses to requests for information.
Sec. 317. Notification of names and addresses of firearms licensees.
TITLE IV--GUN CRIME PENALTIES
Sec. 401. Enhanced penalty for use of a semiautomatic firearm during a
crime of violence or a drug trafficking
crime.
Sec. 402. Enhanced penalty for second offense of using an explosive to
commit a felony.
Sec. 403. Smuggling firearms in aid of drug trafficking.
Sec. 404. Theft of firearms and explosives.
Sec. 405. Revocation of supervised release.
Sec. 406. Revocation of probation.
Sec. 407. Increased penalty for knowingly making false, material
statement in connection with the
acquisition of a firearm from a licensed
dealer.
Sec. 408. Possession of explosives by felons and others.
Sec. 409. Summary destruction of explosives subject to forfeiture.
Sec. 410. Elimination of outmoded language relating to parole.
Sec. 411. Prohibition against transactions involving stolen firearms
which have moved in interstate or foreign
commerce.
Sec. 412. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 413. Enhanced penalties for firearms possession by violent felons
and serious drug offenders.
Sec. 414. Receipt of firearms by nonresident.
Sec. 415. Firearms and explosives conspiracy.
Sec. 416. Study of incendiary ammunition; report to Congress.
Sec. 417. Theft of firearms or explosives from licensee.
Sec. 418. Disposing of explosives to prohibited persons.
Sec. 419. Clarification of ``burglary'' under the armed career criminal
statute.
Sec. 420. Increased penalty for interstate gun trafficking.
TITLE V--OBSTRUCTION OF JUSTICE
Sec. 501. Protection of court officers and jurors.
Sec. 502. Prohibition of retaliatory killings of witnesses, victims and
informants.
Sec. 503. Protection of jurors and witnesses in capital cases.
Sec. 504. Death penalty for the murder of State officials assisting
Federal law enforcement officials.
Sec. 505. Death penalty for murder of Federal witnesses.
TITLE VI--GANGS, JUVENILES, DRUGS, AND PROSECUTORS
Sec. 601. Short title.
Subtitle A--Criminal Youth Gangs
Sec. 611. Criminal street gangs offenses.
Sec. 612. Crimes involving the use of minors as RICO predicates.
Sec. 613. Serious juvenile drug offenses as Armed Career Criminal Act
predicates.
Sec. 614. Adult prosecution of serious juvenile offenders.
Sec. 615. Increased penalties for employing children to distribute
drugs near schools and playgrounds.
Sec. 616. Increased penalties for drug trafficking near public housing.
Sec. 617. Increased penalties for Travel Act crimes involving violence
and conspiracy to commit contract killings.
Sec. 618. Amendments concerning records of crimes committed by
juveniles.
Sec. 619. Addition of anti-gang Byrne Grant funding objective.
Subtitle B--Gang Prosecution
Sec. 621. Additional prosecutors.
Sec. 622. Gang investigation coordination and information collection.
Sec. 623. Continuation of Federal-State funding formula.
Sec. 624. Grants for multijurisdictional drug task forces.
Subtitle C--Grants Under the Juvenile Justice and Delinquency
Prevention Act of 1974
Sec. 631. Juvenile drug trafficking and gang prevention grants.
Sec. 632. Conforming repealer and amendments.
Sec. 633. Grants for youth development centers.
Subtitle D--Bindover System for Certain Violent Juveniles
Sec. 641. Bindover system.
Subtitle E--Federal Prosecutions
Sec. 651. Prosecution as adults of violent juvenile offenders.
Subtitle F--Youth Handgun Safety
Sec. 661. Findings and declarations.
Sec. 662. Prohibition of the possession of a handgun or ammunition by,
or the private transfer of a handgun or
ammunition to, a juvenile.
Sec. 663. Prohibition of the sale and transfer for consideration of a
handgun or handgun ammunition to a
juvenile.
TITLE VII--TERRORISM
Subtitle A--Maritime Navigation and Fixed Platforms
Sec. 701. Offenses of violence against maritime navigation or fixed
platforms.
Sec. 702. Technical amendment.
Sec. 703. Effective dates.
Subtitle B--General Provisions
Sec. 711. Weapons of mass destruction.
Sec. 712. Enhanced penalties for certain offenses.
Sec. 713. Territorial sea extending to twelve miles included in special
maritime and territorial jurisdiction.
Sec. 714. Assimilated crimes in extended territorial sea.
Sec. 715. Jurisdiction over crimes against United States nationals on
certain foreign ships.
Sec. 716. Torture.
Sec. 717. Extension of the statute of limitations for certain terrorism
offenses.
Sec. 718. FBI access to telephone subscriber information.
Sec. 719. Violence at airports serving international civil aviation.
Sec. 720. Preventing acts of terrorism against civilian aviation.
Sec. 721. Counterfeiting United States currency abroad.
Sec. 722. Economic terrorism task force.
Sec. 723. Terrorist Death Penalty Act.
Sec. 724. Sentencing guidelines increase for terrorist crimes.
Sec. 725. Alien witness cooperation.
Sec. 726. Providing material support to terrorists.
TITLE VIII--SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE ELDERLY, AND
INDIVIDUALS WITH DISABILITIES
Subtitle A--Sexual Abuse
Sec. 801. Sexual abuse amendments.
Subtitle B--Protection of Children, the Elderly, and Individuals With
Disabilities
Sec. 811. Short title.
Sec. 812. Purposes.
Sec. 813. Definitions.
Sec. 814. Reporting by the States.
Sec. 815. Background checks.
Sec. 816. Funding for improvement of child abuse crime information.
Subtitle C--Crimes Against Children
Sec. 821. Short title.
Sec. 822. Establishment of program.
Sec. 823. State compliance.
Subtitle D--Child Pornography
Sec. 824. Penalties for international trafficking in child pornography.
Sec. 825. Sense of Congress concerning State legislation regarding
child pornography.
Subtitle E--Rules of Evidence, Practice and Procedure
Sec. 831. Admissibility of evidence of similar crimes in sex offense
cases.
Subtitle F--Sexually Violent Predators
Sec. 841. Short title.
Sec. 842. Findings.
Sec. 843. Definitions.
Sec. 844. Establishment of program.
TITLE IX--CRIME VICTIMS
Subtitle A--Victims' Rights
Sec. 901. Victim's right of allocution in sentencing.
Sec. 902. Mandatory restitution and other provisions.
Sec. 903. Sense of Congress concerning the right of a victim of a
violent crime or sexual abuse to speak at
an offender's sentencing hearing and any
parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 911. Amounts of funds for costs and grants.
Sec. 912. Relationship of crime victim compensation to certain Federal
programs.
Sec. 913. Administrative costs for crime victim compensation.
Sec. 914. Use of unspent 1402(d)(2) money.
Sec. 915. Grants for demonstration projects.
Sec. 916. Administrative costs for crime victim assistance.
Sec. 917. Maintenance of effort.
Subtitle C--Senior Citizens
Sec. 921. Short title.
Sec. 922. Findings.
Sec. 923. Purposes.
Sec. 924. National assessment and dissemination.
Sec. 925. Pilot programs.
Sec. 926. Training assistance, evaluation, and dissemination awards.
Sec. 927. Report.
Sec. 928. Authorization of appropriations.
TITLE X--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--DNA Identification
Sec. 1001. Short title.
Sec. 1002. Funding to improve the quality and availability of DNA
analyses for law enforcement identification
purposes.
Sec. 1003. Quality assurance and proficiency testing standards.
Sec. 1004. Index to facilitate law enforcement exchange of DNA
identification information.
Sec. 1005. Federal Bureau of Investigation.
Sec. 1006. Authorization of appropriations.
Subtitle B--Department of Justice Community Substance Abuse Prevention
Sec. 1011. Short title.
Sec. 1012. Community partnerships.
Subtitle C--Racial and Ethnic Bias Study Grants
Sec. 1021. Study grants.
Subtitle D--Improved Training and Technical Automation
Sec. 1031. Improved training and technical automation.
TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS
Subtitle A--Law Enforcement Family Support
Sec. 1101. Law enforcement family support.
Subtitle B--Police Pattern or Practice
Sec. 1111. Cause of action.
Sec. 1112. Data on use of excessive force.
Subtitle C--Police Corps and Law Enforcement Officers Training and
Education
Chapter 1--Police Corps
Sec. 1121. Short title.
Sec. 1122. Purposes.
Sec. 1123. Definitions.
Sec. 1124. Establishment of Office of the Police Corps and Law
Enforcement Education.
Sec. 1125. Designation of lead agency and submission of State plan.
Sec. 1126. Scholarship assistance.
Sec. 1127. Selection of participants.
Sec. 1128. Police Corps training.
Sec. 1129. Service obligation.
Sec. 1130. State plan requirements.
Sec. 1131. Assistance to States and localities employing Police Corps
officers.
Sec. 1132. Authorization of appropriations.
Sec. 1133. Reports to Congress.
Chapter 2--Law Enforcement Scholarship Program
Sec. 1141. Short title.
Sec. 1142. Definitions.
Sec. 1143. Allotment.
Sec. 1144. Establishment of program.
Sec. 1145. Scholarships.
Sec. 1146. Eligibility.
Sec. 1147. State application.
Sec. 1148. Local application.
Sec. 1149. Scholarship agreement.
Sec. 1150. Authorization of appropriations.
TITLE XII--DRUG COURT PROGRAMS
Sec. 1201. Coordinated administration of programs.
Sec. 1202. Drug testing upon arrest.
Sec. 1203. Certainty of punishment for young offenders.
Sec. 1204. Residential substance abuse treatment for prisoners.
TITLE XIII--PRISONS
Subtitle A--Federal Prisons
Sec. 1301. Prisoner's place of imprisonment.
Sec. 1302. Prison impact assessments.
Sec. 1303. Federal prisoner drug testing.
Sec. 1304. Drug treatment in Federal prisons.
Sec. 1305. Sentences to account for costs to the Government of
imprisonment, release, and probation.
Subtitle B--State Prisons
Sec. 1321. Boot camps and prisons for violent drug offenders.
Sec. 1322. National Institute of Justice study.
Sec. 1323. Study and assessment of alcohol use and treatment.
Sec. 1324. Notification of release of prisoners.
Sec. 1325. Application to prisoners to which prior law applies.
Subtitle C--Grants Under the Juvenile Justice and Delinquency
Prevention Act of 1974.
Sec. 1331. Grants for community-based violent-juvenile facilities.
Subtitle D--Regional Prisons and State Prisons
Sec. 1341. Regional prisons for violent criminals and violent criminal
aliens.
Subtitle E--Violent Crime Reduction Trust Fund.
Sec. 1351. Purposes.
Sec. 1352. Reduction of Federal full-time equivalent positions.
Sec. 1353. Creation of violent crime reduction trust fund.
Sec. 1354. Conforming reduction in discretionary spending limits.
TITLE XIV--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
Sec. 1401. Authorizations for rural law enforcement agencies.
Sec. 1402. Rural crime and drug enforcement task forces.
Sec. 1403. Cross-designation of Federal officers.
Sec. 1404. Rural drug enforcement training.
Sec. 1405. More agents for the drug enforcement administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 1411. Drug free truck stops and safety rest areas.
Subtitle C--Rural Domestic Violence and Child Abuse Enforcement
Sec. 1421. Rural domestic violence and child abuse enforcement
assistance.
TITLE XV--DRUG CONTROL
Subtitle A--Increased Penalties
Sec. 1501. Enhancement of penalties for drug trafficking in prisons.
Sec. 1502. Closing of loophole for illegal importation of small drug
quantities.
Sec. 1503. Penalties for drug dealing in public housing authority
facilities.
Sec. 1504. Anabolic steroids penalties.
Sec. 1505. Increased penalties for drug-dealing in ``drug-free'' zones.
Sec. 1506. Enhanced penalties for illegal drug use in Federal prisons.
Subtitle B--Precursor Chemicals Act
Sec. 1511. Short title.
Sec. 1512. Definition amendments.
Sec. 1513. Registration requirements.
Sec. 1514. Reporting of listed chemical manufacturing.
Sec. 1515. Reports by brokers and traders; criminal penalties.
Sec. 1516. Exemption authority; additional penalties.
Sec. 1517. Amendments to list I.
Sec. 1518. Elimination of regular supplier status and creation of
regular importer status.
Sec. 1519. Administrative inspections and authority.
Sec. 1520. Threshold amounts.
Sec. 1521. Management of listed chemicals.
Sec. 1522. Forfeiture expansion.
Sec. 1523. Regulations and effective date.
Subtitle C--General Provisions
Sec. 1531. Clarification of narcotic or other dangerous drugs under
RICO.
Sec. 1532. Conforming amendments to recidivist penalty provisions of
the Controlled Substances Act and the
Controlled Substances Import and Export
Act.
Sec. 1533. Program to provide public awareness of the provision of
Public Law 101-516 that conditions portions
of a State's Federal highway funding on the
State's enactment of legislation requiring
the revocation of the driver's licenses of
convicted drug abusers.
Sec. 1534. Advertising.
Sec. 1535. National drug control strategy.
Sec. 1536. Notification of law enforcement officers of discoveries of
controlled substances or large sums of cash
in excess of $10,000 in weapon screening.
Sec. 1537. Drug paraphernalia amendment.
TITLE XVI--DRUNK DRIVING PROVISIONS
Sec. 1601. Short title.
Sec. 1602. State laws applied in areas of Federal jurisdiction.
Sec. 1603. Sense of Congress concerning child custody and visitation
rights.
TITLE XVII--COMMISSIONS
Subtitle A--Commission on Crime and Violence
Sec. 1701. Establishment of Commission on Crime and Violence.
Sec. 1702. Purpose.
Sec. 1703. Responsibilities of the Commission.
Subtitle B--National Commission to Study the Causes of the Demand for
Drugs in the United States
Sec. 1711. Short title.
Sec. 1712. Establishment.
Sec. 1713. Duties.
Sec. 1714. Membership.
Sec. 1715. Staff and support services.
Sec. 1716. Powers of Commission.
Sec. 1717. Reports.
Sec. 1718. Termination.
Subtitle C--National Commission to Support Law Enforcement
Sec. 1721. Short title.
Sec. 1722. Congressional findings.
Sec. 1723. Establishment.
Sec. 1724. Duties.
Sec. 1725. Membership.
Sec. 1726. Experts and consultants.
Sec. 1727. Powers of Commission.
Sec. 1728. Report.
Sec. 1729. Termination.
Sec. 1730. Repeals.
Subtitle D--Presidential Summit on Violence
Sec. 1731. Congressional findings.
Sec. 1732. Presidential summit on violence
Subtitle E--Commission on Violence in Schools
Sec. 1741. Establishment schools.
Sec. 1742. Purposes.
Sec. 1743. Duties.
Sec. 1744. Membership.
Sec. 1745. Staff and support services.
Sec. 1746. Powers of Commission.
Sec. 1747. Reports.
Sec. 1748. Termination.
Sec. 1749. Authorization of appropriations.
TITLE XVIII--BAIL POSTING REPORTING
Sec. 1801. Short title.
Sec. 1802. Required reporting by criminal court clerks.
TITLE XIX--MOTOR VEHICLE THEFT PREVENTION
Sec. 1901. Short title.
Sec. 1902. Motor vehicle theft prevention program.
Sec. 1903. Altering or removing motor vehicle identification numbers.
TITLE XX--PROTECTIONS FOR THE ELDERLY
Sec. 2001. Missing Alzheimer's disease patient alert program.
Sec. 2002. Crimes against the elderly.
TITLE XXI--CONSUMER PROTECTION
Sec. 2101. Crimes by or affecting persons engaged in the business of
insurance whose activities affect
interstate commerce.
Sec. 2102. Consumer Protection Against Credit Card Fraud Act of 1993.
Sec. 2103. Mail fraud.
TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS
Sec. 2201. Short title.
Sec. 2202. Federal Deposit Insurance Act amendment.
Sec. 2203. Federal Credit Union Act amendments.
Sec. 2204. Crime Control Act amendment.
TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE
Sec. 2301. Savings and loan prosecution task force.
TITLE XXIV--SENTENCING PROVISIONS
Sec. 2401. Imposition of sentence.
Sec. 2402. Technical amendment to mandatory conditions of probation.
Sec. 2403. Supervised release after imprisonment.
Sec. 2404. Flexibility in application of mandatory minimum sentence
provisions in certain circumstances.
Sec. 2405. Mandatory prison terms for use, possession, or carrying of a
firearm or destructive device during a
State crime of violence or State drug
trafficking crime.
Sec. 2406. Murder involving firearm.
Sec. 2407. Mandatory minimum prison sentences for those who sell
illegal drugs to minors or who use minors
in drug trafficking activities.
Sec. 2408. Life imprisonment without release for drug felons and
violent criminals convicted a third time.
Sec. 2409. Direction to United States Sentencing Commission regarding
sentencing enhancements for hate crimes.
Sec. 2410. Confirmation of intent of Congress in enacting sections 2252
and 2256 of title 18, United States Code.
TITLE XXV--SENTENCING AND MAGISTRATES AMENDMENTS
Sec. 2501. Authorization of probation for petty offenses in certain
cases.
Sec. 2502. Trial by a magistrate in petty offense cases.
TITLE XXVI--COMPUTER CRIME
Sec. 2601. Computer Abuse Amendments Act of 1993.
TITLE XXVII--INTERNATIONAL PARENTAL KIDNAPPING
Sec. 2701. Short title.
Sec. 2702. Title 18 amendment.
Sec. 2703. State court programs regarding interstate and international
parental child abduction.
TITLE XXVIII--SAFE SCHOOLS
Sec. 2801. Short title.
Sec. 2802. Safe schools.
Sec. 2803. State leadership activities to promote safe schools program.
TITLE XXIX--MISCELLANEOUS
Subtitle A--Increases in Penalties
Sec. 2901. Increased penalties for assault.
Sec. 2902. Increased penalties for manslaughter.
Sec. 2903. Increased penalties for civil rights violations.
Sec. 2904. Penalties for trafficking in counterfeit goods and services.
Sec. 2905. Increased penalty for conspiracy to commit murder for hire.
Sec. 2906. Increased penalties for travel act violations.
Sec. 2907. Increased penalties for arson.
Subtitle B--Extension of Protection of Civil Rights Statutes
Sec. 2911. Extension of protection of civil rights statutes.
Subtitle C--Audit and Report
Sec. 2921. Audit requirement for State and local law enforcement
agencies receiving Federal asset forfeiture
funds.
Sec. 2922. Report to Congress on administrative and contracting
expenses.
Subtitle D--Gambling
Sec. 2931. Criminal history record information for the enforcement of
laws relating to gaming.
Sec. 2932. Clarifying amendment regarding scope of prohibition against
gambling on ships in international waters.
Subtitle E--White Collar Crime Amendments
Sec. 2941. Receiving the proceeds of extortion or kidnapping.
Sec. 2942. Receiving the proceeds of a postal robbery.
Sec. 2943. Conforming addition to obstruction of civil investigative
demand statute.
Sec. 2944. Conforming addition of predicate offenses to financial
institutions rewards statute.
Sec. 2945. Definition of savings and loan association in bank robbery
statute.
Sec. 2946. Conforming definition of ``1-year period'' in 18 U.S.C.
1516.
Subtitle F--Safer Streets and Neighborhoods
Sec. 2951. Short title.
Sec. 2952. Limitation on grant distribution.
Subtitle G--Other Provisions
Sec. 2961. Optional venue for espionage and related offenses.
Sec. 2962. Undercover operations.
Sec. 2963. Undercover operations--churning.
Sec. 2964. Report on battered women's syndrome.
Sec. 2965. Wiretaps.
Sec. 2966. Theft of major artwork.
Sec. 2967. Balance in the criminal justice system.
Sec. 2968. Misuse of initials ``DEA''.
Sec. 2969. Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate
inconsistencies and gaps in coverage.
Sec. 2970. Definition of livestock.
Sec. 2971. Extension of statute of limitations for arson.
Sec. 2972. Gun-free school zones.
TITLE XXX--TECHNICAL CORRECTIONS
Sec. 3001. Amendments relating to Federal financial assistance for law
enforcement.
Sec. 3002. General title 18 corrections.
Sec. 3003. Corrections of erroneous cross references and
misdesignations.
Sec. 3004. Repeal of obsolete provisions in title 18.
Sec. 3005. Correction of drafting error in the Foreign Corrupt
Practices Act.
Sec. 3006. Elimination of redundant penalty provision in 18 U.S.C.
1116.
Sec. 3007. Elimination of redundant penalty.
Sec. 3008. Corrections of misspellings and grammatical errors.
Sec. 3009. Other technical amendments.
Sec. 3010. Corrections of errors found during codification.
Sec. 3011. Problems related to execution of prior amendments.
Sec. 3012. Amendments to section 1956 of title 18 to eliminate
duplicate predicate crimes.
Sec. 3013. Amendments to part V of title 18.
TITLE XXXI--DRIVER'S PRIVACY PROTECTION ACT
Sec. 3101. Short title; purpose.
Sec. 3102. Amendment to title 18, United States Code.
Sec. 3103. Effective date.
TITLE XXXII--VIOLENCE AGAINST WOMEN; SAFE STREETS FOR WOMEN
Sec. 3201. Violence against women; short title.
Sec. 3202. Safe streets for women; short title.
Subtitle A--Federal Penalties for Sex Crimes
Sec. 3211. Repeat offenders.
Sec. 3212. Federal penalties.
Sec. 3213. Mandatory restitution for sex crimes.
Sec. 3214. Authorization for Federal victim's counselors.
Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent
Crimes Against Women
Sec. 3221. Grants to combat violent crimes against women.
Subtitle C--Safety for Women in Public Transit and Public Parks
Sec. 3231. Grants for capital improvements to prevent crime in public
transportation.
Sec. 3232. Grants for capital improvements to prevent crime in national
parks.
Sec. 3233. Grants for capital improvements to prevent crime in public
parks.
Subtitle D--National Commission on Violence Against Women
Sec. 3241. Establishment.
Sec. 3242. General purposes of Commission.
Sec. 3243. Membership.
Sec. 3244. Commission operations.
Sec. 3245. Reports.
Sec. 3246. Executive director and staff.
Sec. 3247. Powers of Commission.
Sec. 3248. Authorization of appropriations.
Sec. 3249. Termination.
Subtitle E--New Evidentiary Rules
Sec. 3251. Sexual history in all criminal cases.
Sec. 3252. Sexual history in civil cases.
Sec. 3253. Amendments to rape shield law.
Sec. 3254. Evidence of clothing.
Subtitle F--Assistance to Victims of Sexual Assault
Sec. 3261. Education and prevention grants to reduce sexual assaults
against women.
Sec. 3262. Rape exam payments.
Sec. 3263. Education and prevention grants to reduce sexual abuse of
female runaway, homeless, and street youth.
Sec. 3264. Victim's right of allocution in sentencing.
TITLE XXXIII--SAFE HOMES FOR WOMEN
Sec. 3301. Short title.
Subtitle A--Family Violence Prevention and Services Act Amendments
Sec. 3311. Grant for a national domestic violence hotline.
Subtitle B--Interstate Enforcement
Sec. 3321. Interstate enforcement.
Subtitle C--Arrest in Spousal Abuse Cases
Sec. 3331. Encouraging arrest policies.
Subtitle D--Domestic Violence, Family Support, and Shelter Grants
Sec. 3341. Domestic violence and family support grant program.
Subtitle E--Family Violence Prevention and Services Act Amendments
Sec. 3351. Grantee reporting.
Subtitle F--Youth Education and Domestic Violence
Sec. 3361. Educating youth about domestic violence.
Subtitle G--Confidentiality for Abused Persons
Sec. 3371. Confidentiality of abused person's address.
Subtitle H--Technical Amendments
Sec. 3381. Definitions.
Sec. 3382. Special issue resource centers.
Sec. 3383. State domestic violence coalitions.
Subtitle I--Data and Research
Sec. 3391. Research agenda.
Sec. 3392. State databases.
Sec. 3393. Number and cost of injuries.
TITLE XXXIV--CIVIL RIGHTS
Sec. 3401. Short title.
Sec. 3402. Civil rights.
Sec. 3403. Attorney's fees.
Sec. 3404. Sense of the Senate concerning protection of the privacy of
rape victims.
TITLE XXXV--SAFE CAMPUSES FOR WOMEN
Sec. 3501. Authorization of appropriations.
TITLE XXXVI--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
Sec. 3601. Short title.
Subtitle A--Education and Training for Judges and Court Personnel in
State Courts
Sec. 3611. Grants authorized.
Sec. 3612. Training provided by grants.
Sec. 3613. Cooperation in developing programs in making grants under
this title.
Sec. 3614. Authorization of appropriations.
Subtitle B--Education and Training for Judges and Court Personnel in
Federal Courts
Sec. 3621. Authorizations of circuit studies; education and training
grants.
Sec. 3622. Authorization of appropriations.
TITLE XXXVII--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
Sec. 3701. Pre-trial detention in sex offense cases.
Sec. 3702. Increased penalties for sex offenses against victims below
the age of 16.
Sec. 3703. Payment of cost of HIV testing.
Sec. 3704. Extension and strengthening of restitution.
Sec. 3705. Enforcement of restitution orders through suspension of
Federal benefits.
Sec. 3706. Inadmissibility of evidence to show provocation or
invitation by victim in sex offense cases.
Sec. 3707. National baseline study on campus sexual assault.
Sec. 3708. Report on battered women's syndrome.
Sec. 3709. Report on confidentiality of addresses for victims of
domestic violence.
Sec. 3710. Report on recordkeeping relating to domestic violence.
Sec. 3711. Report on fair treatment in legal proceedings.
Sec. 3712. Report on Federal rule of evidence 404.
Sec. 3713. Supplementary grants for States adopting effective laws
relating to sexual violence.
TITLE XXXVIII--ENHANCED PENALTIES FOR ANTI-FRAUD ENFORCEMENT EFFORTS
Sec. 3801. Short title.
Subtitle A--Amendments to Criminal Law
Sec. 3811. Health care fraud.
Sec. 3812. Forfeitures for Federal health care offenses.
Sec. 3813. Injunctive relief relating to Federal health care offenses.
Sec. 3814. Racketeering activity relating to Federal health care
offenses.
Subtitle B--Amendments to Civil False Claims Act
Sec. 3821. Amendments to Civil False Claims Act.
TITLE XXXIX--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 3901. Short title.
Sec. 3902. Findings and declaration.
Sec. 3903. Enhanced penalties for telemarketing fraud.
Sec. 3904. Forfeiture of fraud proceeds.
Sec. 3905. Increased penalties for fraud against older victims.
Sec. 3906. Rewards for information leading to prosecution and
conviction.
Sec. 3907. Authorization of appropriations.
Sec. 3908. Broadening application of mail fraud statute.
Sec. 3909. Fraud and related activity in connection with access
devices.
Sec. 3910. Information network.
TITLE XL--CHILD SAFETY
Sec. 4001. Short title.
Sec. 4002. Findings.
Sec. 4003. Purpose.
Sec. 4004. Demonstration grants for supervised visitation centers.
Sec. 4005. Demonstration grant application.
Sec. 4006. Evaluation of demonstration projects.
Sec. 4007. Special grants to study the effect of supervised visitation
on sexually abused or severely physically
abused children.
Sec. 4008. Reporting.
Sec. 4009. Authorization of appropriations.
TITLE XLI--FAMILY UNITY DEMONSTRATION PROJECT
Subtitle A--Family Unity Demonstration Project
Sec. 4101. Short title.
Sec. 4102. Findings and purposes.
Sec. 4103. Definitions.
Sec. 4104. Authorization of appropriations.
Subtitle B--Grants to States
Sec. 4111. Authority to make grants.
Sec. 4112. Eligibility to receive grants.
Sec. 4113. Report.
Subtitle C--Family Unity Demonstration Project for Federal Prisoners
Sec. 4121. Authority of the Attorney General.
Sec. 4122. Requirements.
TITLE XLII--DOMESTIC VIOLENCE
Sec. 4201. Short title.
Sec. 4202. Findings.
Sec. 4203. Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed
domestic abuse.
TITLE XLIII--MISSING AND EXPLOITED CHILDREN
Sec. 4301. Short title.
Sec. 4302. Findings.
Sec. 4303. Purpose.
Sec. 4304. Establishment of task force.
TITLE XLIV--PUBLIC CORRUPTION
Sec. 4401. Short title.
Sec. 4402. Public corruption.
Sec. 4403. Interstate commerce.
Sec. 4404. Narcotics-related public corruption.
TITLE XLV--SEMIAUTOMATIC ASSAULT WEAPONS
Sec. 4501. Short title.
Sec. 4502. Restriction on manufacture, transfer, and possession of
certain semiautomatic assault weapons.
Sec. 4503. Exemption for firearms lawfully possessed prior to date of
enactment.
Sec. 4504. Exemption for certain hunting and sporting firearms.
Sec. 4505. Exemptions for governmental and experimental use.
Sec. 4506. Recordkeeping requirements and related restrictions.
Sec. 4507. Ban of large capacity ammunition feeding devices.
Sec. 4508. Study by Attorney General.
Sec. 4509. Effective date.
Sec. 4510. Appendix A to section 922 of title 18.
TITLE XLVI--RECREATIONAL HUNTING SAFETY
Sec. 4601. Short title.
Sec. 4602. Findings.
Sec. 4603. Definitions.
Sec. 4604. Obstruction of a lawful hunt.
Sec. 4605. Civil penalties.
Sec. 4606. Other relief.
Sec. 4607. Relationship to State and local law and civil actions.
Sec. 4608. Regulations.
TITLE XLVII--CORRECTIONAL JOB TRAINING AND PLACEMENT
Sec. 4701. Short title.
Sec. 4702. Correctional job training and placement.
TITLE XLVIII--POLICE PARTNERSHIPS FOR CHILDREN
Sec. 4801. Short title.
Sec. 4802. Findings.
Sec. 4803. Purposes.
Sec. 4804. Definitions.
Sec. 4805. Grants authorized.
Sec. 4806. Applications.
Sec. 4807. Training and technical assistance.
Sec. 4808. Evaluation and reports.
Sec. 4809. Authorization of appropriations.
TITLE XLVIX--NATIONAL COMMUNITY ECONOMIC PARETNERSHIP
Sec. 4901. Short title.
Subtitle A--Community Economic Partnership Investment Funds
Sec. 4911. Purpose.
Sec. 4912. Provision of assistance.
Sec. 4913. Approval of applications.
Sec. 4914. Availability of lines of credit and use.
Sec. 4915. Limitations on use of funds.
Sec. 4916. Program priority for special emphasis programs.
Subtitle B--Emerging Community Development Corporations
Sec. 4921. Community Development Corporation improvement grants.
Sec. 4922. Emerging Community Development Corporation revolving loan
funds.
Subtitle C--Miscellaneous Provisions
Sec. 4931. Definitions.
Sec. 4932. Authorization of appropriations.
Sec. 4933. .Prohibition.
TITLE L--DEPORTATION OF ALIENS CONVICTED OF CRIMES
Sec. 5001. Expansion of definition of aggravated felony.
Sec. 5002. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 5003. Judicial deportation.
Sec. 5004. Restricting defenses to deportation for certain criminal
aliens.
Sec. 5005. Enhancing penalties for failing to depart, or reentering,
after final order of deportation.
Sec. 5006. Miscellaneous and technical changes.
Sec. 5007. Criminal alien tracking center.
TITLE LI--GENERAL PROVISIONS
Sec. 5101. Crediting of ``good time''.
Sec. 5102. Prohibition on payment of Federal benefits to illegal
aliens.
Sec. 5103. Civil Rights of Institutionalized Persons Act
Sec. 5104. Awards of attorney's fees.
Sec. 5105. Task force and criminal penalties relating to the
introduction of nonindigenous species.
Sec. 5106. Sense of the Senate regarding the role of the United Nations
in international organized crime control.
Sec. 5107. Task force on prison construction standardization and
techniques.
Sec. 5108. Report on success of Royal Hong Kong Police recruitment.
Sec. 5109. Interstate wagering.
Sec. 5110. Removal of alien terrorists.
Sec. 5111. Mandatory life imprisonment of persons convicted of a third
violent felony.
Sec. 5112. Efficiency in law enforcement and corrections.
Sec. 5113. Restriction on payment of benefits to individuals confined
by court order to public institutions
pursuant to verdicts of not guilty by
reason of insanity or other mental
disorder.
Sec. 5114. Definition.
Sec. 5115. Driving while intoxicated prosecution program.
Sec. 5116. Parental accountability.
Sec. 5117. Protection of recipients in counterterrorism rewards
program.
Sec. 5118. Violent crime and drug emergency areas.
Sec. 5119. State and local cooperation with the United States
Immigration and Naturalization Service.
Sec. 5120. Amendments to the Department of Education Organization Act
and the National Literacy Act of 1991.
Sec. 5121. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
Sec. 5122. Establishment of community programs on domestic violence.
Sec. 5123. Hate Crimes Statistics Act.
Sec. 5124. Penalties for document fraud.
Sec. 5125. Use of antiloitering laws to fight crime.
Sec. 5126. Victims of child abuse programs.
Sec. 5127. Law Day U.S.A.
Sec. 5128. Treatment of Indian tribes under title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
Sec. 5129. Agreement to assist in locating missing children under the
Parent Locator Service.
Sec. 5130. Solicitation of minor to commit crime.
Sec. 5131. Asylum.
Sec. 5132. Federal Judiciary.
Sec. 5133. Control and prevention of crime in Indian country.
Sec. 5134. Civil statute of limitations for tort actions brought by the
RTC.
Sec. 5135. Awards of Pell Grants to prisoners prohibited.
Sec. 5136. Transfer of certain alien criminals to Federal facilities.
Sec. 5137. Federal assistance to ease the increased burdens on State
court systems resulting from enactment of
this Act.
Sec. 5138. To improve Federal and State automated fingerprint systems
to identify more criminal suspects.
Sec. 5139. Appropriate remedies for prison overcrowding.
Sec. 5140. Establishment of community programs on domestic violence.
Sec. 5141. Sense of the Senate.
Sec. 5142. Child-centered activities.
Sec. 5143. Olympic youth development centers.
Sec. 5144. Authority to release certain confidential information
relating to aliens.
Sec. 5145. Children and youth utilizing Federal land.
Sec. 5146. Bankruptcy fraud.
Sec. 5147. Handguns in schools.
Sec. 5148. Sense of the Senate regarding a study on out-of-wedlock
births.
Sec. 5149. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 5150. National Narcotics Leadership Act.
Sec. 5151. Supreme Court marshals and police.
Sec. 5152. Extension of full-time status of members of the United
States Sentencing Commission.
Sec. 5153. Sense of the Senate that able-bodied convicted felons in the
Federal prison system work.
Sec. 5154. First time domestic violence offender rehabilitation
program.
Sec. 5155. Asset forfeiture.
Sec. 5156. Clarification of definition of a ``Court of the United
States'' to include the District Courts for
Guam, the Northern Mariana Islands, and the
Virgin Islands.
Sec. 5157. Extradition.
Sec. 5158. Expedited deportation for denied asylum applicants.
Sec. 5159. Improving border controls.
Sec. 5160. Expanded special deportation proceedings.
Sec. 5161. Construction of INS service processing centers to detain
criminal aliens.
Sec. 5162. Assistant United States attorney residency.
Sec. 5163. Gang resistance education and training projects.
Sec. 5164. Law enforcement personnel.
Sec. 5165. Review by the Attorney General of Federal prison capacity
and construction and operational standards
for State and local corrections facilities.
Sec. 5166. Coordination of substance abuse treatment and prevention
programs.
Sec. 5167. Juvenile anti-drug and anti-gang grants in federally
assisted low-income housing.
Sec. 5168. Definitions.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Public Safety Partnership and
Community Policing Act of 1993''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) according to data compiled by the Federal Bureau of
Investigation, in 1961, there was approximately 1 reported
violent crime per city police officer, but while from 1961 to
1991 there was no substantial increase in United States cities'
police employment rate, during the same period the number of
reported violent crimes per city police officer rose to
approximately 4.6 per officer;
(2) National Crime Survey figures indicate that nearly
5,000,000 households in the United States had at least 1 member
who had been a victim of violent crime during 1991;
(3) these victims of violence experienced more than
6,400,000 crimes of which about one-half were reported to law
enforcement authorities;
(4) community-oriented policing (``cops on the beat'')
enhances communication and cooperation between law enforcement
and members of the community;
(5) such communication and cooperation between law
enforcement and members of the community significantly assists
in preventing and controlling crime and violence, thus
enhancing public safety; and
(6) while increasing and maintaining police resources and
presence in the community are the long-term responsibility of
State and local governments, State and local law enforcement
agencies are in need of immediate assistance to begin the
process of rehiring officers who have been laid off for
budgetary reasons and hiring new, additional officers to assist
in the implementation of community-oriented policing.
(b) Purposes.--The purposes of this title are to--
(1) substantially increase the number of law enforcement
officers interacting directly with members of the community
(``cops on the beat'');
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service,
and other skills needed in interacting with members of the
community;
(3) encourage the development and implementation of
innovative programs to permit members of the community to
assist State and local law enforcement agencies in the
prevention of crime in the community; and
(4) encourage the development of new technologies to assist
State and local law enforcement agencies in reorienting the
emphasis of their activities from reacting to crime to
preventing crime,
by establishing a program of grants and assistance in furtherance of
these objectives, including the authorization for a period of 6 years
of grants for the hiring and rehiring of additional career law
enforcement officers.
SEC. 103. COMMUNITY POLICING; ``COPS ON THE BEAT''.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
``PART Q--PUBLIC SAFETY AND CITY POLICING; `COPS ON THE BEAT'
``SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
``(a) Grant Authorization.--The Attorney General may make grants to
units of State and local government, and to other public and private
entities, to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety.
``(b) Rehiring and Hiring Grant Projects.--Grants made under
subsection (a) may be used for programs, projects, and other activities
to--
``(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing; and
``(2) hire new, additional career law enforcement officers
for deployment in community-oriented policing across the
Nation.
``(c) Troops-to-Cops Programs.--(1) Grants made under subsection
(a) may be used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-oriented
policing, particularly in communities that are adversely affected by a
recent military base closing.
``(2) In this subsection, `former member of the Armed Forces' means
a member of the Armed Forces of the United States who is involuntarily
separated from the Armed Forces within the meaning of section 1141 of
title 10, United States Code.
``(d) Additional Grant Projects.--Grants made under subsection (a)
may include programs, projects, and other activities to--
``(1) increase the number of law enforcement officers
involved in activities that are focused on interaction with
members of the community on proactive crime control and
prevention by redeploying officers to such activities;
``(2) provide specialized training to law enforcement
officers to enhance their conflict resolution, mediation,
problem solving, service, and other skills needed to work in
partnership with members of the community;
``(3) increase police participation in multidisciplinary
early intervention teams;
``(4) develop new technologies to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime;
``(5) develop and implement innovative programs to permit
members of the community to assist State and local law
enforcement agencies in the prevention of crime in the
community, such as a citizens police academy, including
programs designed to increase the level of access to the
criminal justice system enjoyed by victims, witnesses, and
ordinary citizens by establishing decentralized satellite
offices (including video facilities) of principal criminal
courts buildings;
``(6) establish innovative programs to reduce, and keep to
a minimum, the amount of time that law enforcement officers
must be away from the community while awaiting court
appearances;
``(7) establish and implement innovative programs to
increase and enhance proactive crime control and prevention
programs involving law enforcement officers and young persons
in the community; and
``(8) develop and establish new administrative and
managerial systems to facilitate the adoption of community-
oriented policing as an organization-wide philosophy.
``(e) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this part, the Attorney General shall
give preferential consideration, where feasible, to applications for
hiring and rehiring additional career law enforcement officers that
involve--
(1) a non-Federal contribution exceeding the 25 percent
minimum under subsection (i); and
(2) hiring former members of the Armed Forces to serve as
career law enforcement officers under subsection (c).
``(f) Technical Assistance.--(1) The Attorney General may provide
technical assistance to units of State and local government, and to
other public and private entities, in furtherance of the purposes of
the Public Safety Partnership and Community Policing Act of 1993.
``(2) The technical assistance provided by the Attorney General may
include the development of a flexible model that will define for State
and local governments, and other public and private entities,
definitions and strategies associated with community or problem-
oriented policing and methodologies for its implementation.
``(3) The technical assistance provided by the Attorney General may
include the establishment and operation of training centers or
facilities, either directly or by contracting or cooperative
arrangements. The functions of the centers or facilities established
under this paragraph may include instruction and seminars for police
executives, managers, trainers and supervisors concerning community or
problem-oriented policing and improvements in police-community
interaction and cooperation that further the purposes of the Public
Safety Partnership and Community Policing Act of 1993.
``(g) Utilization of Components.--The Attorney General may utilize
any component or components of the Department of Justice in carrying
out this part.
``(h) Minimum Amount.--Each qualifying State, together with
grantees within the State, shall receive in each fiscal year pursuant
to subsection (a) not less than 0.6 percent of the total amount
appropriated in the fiscal year for grants pursuant to that subsection.
In this subsection, `qualifying State' means any State which has
submitted an application for a grant, or in which an eligible entity
has submitted an application for a grant, which meets the requirements
prescribed by the Attorney General and the conditions set out in this
part.
``(i) Matching Funds.--The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may not
exceed 75 percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding 1 year for hiring or
rehiring career law enforcement officers, the Federal share shall
decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local sources
of funding following the conclusion of Federal support, as provided in
an approved plan pursuant to section 1702(c)(8).
``(j) Allocation of Funds.--The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).
``(k) Termination of Grants for Hiring Officers.--The authority
under subsection (a) of this section to make grants for the hiring and
rehiring of additional career law enforcement officers shall lapse at
the conclusion of 6 years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attorney General
shall submit a report to Congress concerning the experience with and
effects of such grants. The report may include any recommendations the
Attorney General may have for amendments to this part and related
provisions of law in light of the termination of the authority to make
grants for the hiring and rehiring of additional career law enforcement
officers.
``SEC. 1702. APPLICATIONS.
``(a) In General.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
``(b) Application.--An application for a grant under this part
shall be submitted in such form, and contain such information, as the
Attorney General may prescribe by regulation or guidelines.
``(c) Contents.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan that reflects consultation with community
groups and appropriate private and public agencies and reflects
consideration of the statewide strategy under section
503(a)(1);
``(2) demonstrate a specific public safety need;
``(3) explain the locality's inability to address the need
without Federal assistance;
``(4) identify related governmental and community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate coordination
with all affected agencies;
``(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
``(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support; and
``(8) if the application is for a grant for hiring or
rehiring additional career law enforcement officers--
``(A) specify plans for the assumption by the
grantee of a progressively larger share of the cost in
the course of time, looking toward the continuation of
the increased hiring level using State or local sources
of funding following the conclusion of Federal support;
``(B) assess the impact, if any, of the increase in
police resources on other components of the criminal
justice system; and
``(C) explain how the grant will be utilized to
reorient the affected law enforcement agency's mission
toward community-oriented policing or enhance its
involvement in or commitment to community-oriented
policing.
``SEC. 1703. REVIEW OF APPLICATIONS BY STATE OFFICE.
``(a) In General.--Except as provided in subsection (c) or (d), an
applicant for a grant under this part shall submit an application to
the State office designated under section 507 in the State in which the
applicant is located for initial review.
``(b) Initial Review of Application.--(1) The State office referred
to in subsection (a) shall review applications for grants under this
part submitted to it, based upon criteria specified by the Attorney
General by regulation or guidelines.
``(2) Upon completion of the reviews required by paragraph (1), the
State office referred to in subsection (a) shall determine which, if
any, of the applications for grants under this part are most likely to
be successful in achieving the purposes of the Public Safety
Partnership and Community Policing Act of 1993.
``(3)(A) The State office referred to in subsection (a) shall list
the applications for grants under this part in order of their
likelihood of achieving the purposes of the Public Safety Partnership
and Community Policing Act of 1993 and shall submit the list along with
all grant applications and supporting materials received to the
Attorney General.
``(B) In making the submission to the Attorney General required by
subparagraph (A), the State office referred to in subsection (a) may
recommend that a particular application or applications should receive
special priority and provide supporting reasons for the recommendation.
``(c) Direct Application to the Attorney General by Certain
Municipalities.--Notwithstanding subsection (a), municipalities the
population of which exceeds 150,000 may submit an application for a
grant under this part directly to the Attorney General. In this
subsection, `municipalities the population of which exceeds 150,000'
means units of local government or law enforcement agencies having
jurisdiction over areas with populations exceeding 150,000, and
consortia or associations that include one or more such units of local
government or law enforcement agencies.
``(d) Direct Application to the Attorney General by Other
Applicants.--(1) Notwithstanding subsection (a), if a State chooses not
to carry out the functions described in subsection (b), an applicant in
the State may submit an application for a grant under this part
directly to the Attorney General.
``(2) Notwithstanding subsection (a), an applicant that is an
Indian tribe or tribal law enforcement agency may submit an application
for a grant under this part directly to the Attorney General.
``SEC. 1704. RENEWAL OF GRANTS.
``(a) In General.--Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part may
be renewed for up to 2 additional years after the first fiscal year
during which a recipient receives its initial grant, if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
``(b) Grants for Hiring.--Grants made for hiring or rehiring
additional career law enforcement officers may be renewed for up to 5
years, subject to the requirements of subsection (a), but
notwithstanding the limitation in that subsection concerning the number
of years for which grants may be renewed.
``(c) Multiyear Grants.--A grant for a period exceeding 1 year may
be renewed as provided in this section, except that the total duration
of such a grant including any renewals may not exceed 3 years, or 6
years if it is a grant made for hiring or rehiring additional career
law enforcement officers.
``SEC. 1705. LIMITATION ON USE OF FUNDS.
``(a) Nonsupplanting Requirement.--Funds made available under this
part to State or local governments or to Indian tribal governments
shall not be used to supplant State or local funds, or, in the case of
Indian tribes, funds supplied by the Department of the Interior, but
shall be used to increase the amount of funds that would, in the
absence of Federal funds received under this part, be made available
from State or local sources, or in the case of Indian tribes, from
funds supplied by the Department of the Interior.
``(b) Administrative Costs.--No more than 5 percent of the funds
available under this part may be used for the costs of States in
carrying out the functions described in section 1703(b) or other
administrative costs.
``(c) Non-Federal Costs.--State and local units of government may
use assets received through the Assets Forfeiture equitable sharing
program to cover the non-Federal portion of programs, projects, and
activities funded under this part.
``(d) Hiring Costs.--Annual funding provided under this part for
hiring or rehiring a career law enforcement officer may not exceed
$50,000, unless the Attorney General grants a waiver from this
limitation.
``SEC. 1706. PERFORMANCE EVALUATION.
``(a) Evaluation Components.--Each program, project, or activity
funded under this part shall contain an evaluation component, developed
pursuant to guidelines established by the Attorney General. The
evaluations required by this subsection shall include outcome measures
that can be used to determine the effectiveness of the funded programs,
projects, and activities. Outcome measures may include crime and
victimization indicators, quality of life measures, community
perceptions, and police perceptions of their own work.
``(b) Periodic Review and Reports.--The Attorney General shall
review the performance of each grant recipient under this part. The
Attorney General may require a grant recipient to submit to the
Attorney General the results of the evaluations required under
subsection (a) and such other data and information as the Attorney
General deems reasonably necessary to carry out the responsibilities
under this subsection.
``SEC. 1707. REVOCATION OR SUSPENSION OF FUNDING.
``If the Attorney General determines, as a result of the reviews
required by section 1706, or otherwise, that a grant recipient under
this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under section
1702, the Attorney General may revoke or suspend funding of that grant,
in whole or in part.
``SEC. 1708. ACCESS TO DOCUMENTS.
``(a) By the Attorney General.--The Attorney General shall have
access for the purpose of audit and examination to any pertinent books,
documents, papers, or records of a grant recipient under this part and
to the pertinent books, documents, papers, or records of State and
local governments, persons, businesses, and other entities that are
involved in programs, projects, or activities for which assistance is
provided under this part.
``(b) By the Comptroller General.--Subsection (a) shall apply with
respect to audits and examinations conducted by the Comptroller General
of the United States or by an authorized representative of the
Comptroller General.
``SEC. 1709. GENERAL REGULATORY AUTHORITY.
``The Attorney General may promulgate regulations and guidelines to
carry out this part.
``SEC. 1710. DEFINITIONS.
``In this part--
`` `Career law enforcement officers' means a person hired
on a permanent basis who is authorized by law or by a State or
local public agency to engage in or supervise the prevention,
detection, or investigation of violations of criminal laws.
`` `Citizens police academy' means a program by local law
enforcement agencies or private non profit organizations in
which citizens, especially those who participate in
neighborhood watch programs, are given training in police
policy and procedure, criminal law, the legal system, crime
awareness, personal safety measures, and ways of facilitating
communication between the community and local law enforcement
in the prevention of crime.' ''.
(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 striking the item relating to part Q and inserting
the following:
``Part Q--Public Safety and Community Policing; `Cops on the Beat'
``Sec. 1701. Authority to make public safety and community policing
grants.
``Sec. 1702. Applications.
``Sec. 1703. Review of applications by State office.
``Sec. 1704. Renewal of grants.
``Sec. 1705. Limitation on use of funds.
``Sec. 1706. Performance evaluation.
``Sec. 1707. Revocation or suspension of funding.
``Sec. 1708. Access to documents.
``Sec. 1709. General regulatory authority.
``Sec. 1710. Definition.
``Part R--Transition; Effective Date; Repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793)
is amended--
(1) in paragraph (3) by striking ``and O'' and inserting
``O, P, and Q''; and
(2) by adding at the end the following new paragraph:
``(11)(A) There are authorized to be appropriated to carry out part
Q, to remain available until expended--
``(i) $1,035,000,000 for fiscal year 1994;
``(ii) $1,720,000,000 for fiscal year 1995;
``(iii) $2,070,000,000 for fiscal year 1996;
``(iv) $2,270,000,000 for fiscal year 1997; and
``(v) $1,900,000,000 for fiscal year 1998.
``(B) Of funds available under part Q in any fiscal year,
up to 5 percent may be used for technical assistance under
section 1701(e) or for evaluations or studies carried out or
commissioned by the Attorney General in furtherance of the
purposes of part Q, and up to 5 percent may be used for the
costs of States in carrying out the functions described in
section 1703(b) or other administrative costs. Of the remaining
funds, 60 percent shall be allocated for grants pursuant to
applications submitted as provided in section 1703(a) or (d),
and 40 percent shall be allocated for grants pursuant to
applications submitted as provided in section 1703(c). Of the
funds available in relation to grants pursuant to applications
submitted as provided in section 1703(a) or (d), at least 85
percent shall be applied to grants for the purposes specified
in section 1701(b), and no more than 15 percent may be applied
to other grants in furtherance of the purposes of part Q. Of
the funds available in relation to grants pursuant to
applications submitted as provided in section 1703(c), at least
85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may
be applied to other grants in furtherance of the purposes of
part Q. In view of the extraordinary need for law enforcement
in Indian country, an appropriate amount of funds available
under part Q shall be made available for grants to Indian
tribes or tribal law enforcement agencies.
``(C) Of the amounts available to be expended for the
Voilent Crime Reduction Trust Fund, $75,000,000 is authorized
to be expended to constitute an Ounce of Prevention Fund, to be
administered as follows and for the following purposes:
``(i) The Ounce of Prevention Fund shall be for the
purpose of encouraging and supporting the healthy
development and nurturance of children and youth in
order to promote successful transition into adulthood
and for preventing violent crime through substance
abuse treatment and prevention.
``(ii) Activities to be supported by the Ounce of
Prevention Fund include--
``(I) after school and summer academic
enrichment and recreation conducted in safe and
secure settings and coordinated with school
curricula and programs, mentoring and tutoring
and other activities involving extensive
participation of adult role models, activities
directed at facilitating familiarity with the
labor market and ultimate successful transition
into the labor market; and
``(II) substance abuse treatment and
prevention program authorized in the Public
Health Service Act including outreach programs
for at-risk families.
``(iii) Except for substance abuse treatment and
prevention programs, the children and youth to be
served by Ounce of Prevention programs shall be of ages
appropriate for attendance at elementary and secondary
schools. Applications shall be geographically based in
particular neighborhoods or sections of municipalities
or particular segments of rural areas, and applications
shall demonstrate how programs will serve substantial
proportions of children and youth resident in the
target area with activities designed to have
substantial impact on the lives of such children and
youth. The Ounce of Prevention Council created herein
shall define more precise statistical and numerical
parameters for target areas, numbers of children to be
served, and substantially of impact of activities to be
undertaken.
``(iv) Applicants may be cities, counties, or other
municipalities, school boards, colleges and
universities, nonprofit corporations, or consortia of
eligible applicants. Applicants must show that a
planning process has occurred that has involved
organizations, institutions, and residents of target
areas, including young people, as well as cooperation
between neighborhood-based entities, municipality-wide
bodies, and local private-sector representatives.
Applicants must demonstrate the substantial involvement
of neighborhood-based entities in the carrying out of
the proposed activities. Proposals must demonstrate
that a broad base of collaboration and coordination
will occur in the implementation of the proposed
activities, involving cooperation among youth-serving
organizations, schools, health and social service
providers, employers, law enforcement professionals,
local government, and residents of target areas,
including young people. The Ounce of Prevention Council
shall set forth guidelines elaborating these
provisions.
``(v) The Ounce of Prevention Council shall be
chaired by the Attorney General and the Secretaries of
Education and Health and Human Services, and shall
include the Secretaries of Agriculture, Housing and
Urban Development, and Labor, and the Director of the
Office of National Drug Control Policy. Such sums as
shall be necessary shall be appropriated for staff of
the Ounce of Prevention Council, which will be headed
by a Director chosen by the Council. The Council shall
make grant awards under this program and develop
appropriate guidelines for the grant application
process.
``(vi) The portion of the costs of a program,
project, or activity provided by a grant under the
Ounce of Prevention Fund may not exceed 75 percent,
unless the Ounce of Prevention Council waives, wholly
or in part, the requirement under this subsection of a
non-Federal contribution to the costs of a program,
project, or activity. Grants may be renewed for up to 4
additional years after the first fiscal year during
which a recipient receives an initial grant, provided
the Council is satisfied that adequate progress is
being made toward fulfillment of proposal goals. The
provision of section 1705(a) concerning
nonsupplantation, section 1705(b) concerning limits on
administrative costs, section 1706 concerning
performance evaluation, and section 1707 concerning
revocation or suspension of funding shall apply to the
program created by this subparagraph.''.
TITLE II--DEATH PENALTY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Death Penalty Act of
1993''.
SEC. 202. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE SENTENCE
OF DEATH.
(a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 227 the following new chapter:
``CHAPTER 228--DEATH SENTENCE
``Sec.
``3591. Sentence of death.
``3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is
justified.
``3593. Special hearing to determine whether a sentence of death is
justified.
``3594. Imposition of a sentence of death.
``3595. Review of a sentence of death.
``3596. Implementation of a sentence of death.
``3597. Use of State facilities.
``3598. Special provisions for Indian country.
``Sec. 3591. Sentence of death
``(a) A defendant who has been found guilty of--
``(1) an offense described in section 794 or section 2381;
``(2) an offense described in section 1751(c), if the
offense, as determined beyond a reasonable doubt at the hearing
under section 3593, constitutes an attempt to intentionally
kill the President of the United States and results in bodily
injury to the President or comes dangerously close to causing
the death of the President; or
``(3) any other offense for which a sentence of death is
provided, if the defendant, as determined beyond a reasonable
doubt at the hearing under section 3593--
``(A) intentionally killed the victim;
``(B) intentionally inflicted serious bodily injury
that resulted in the death of the victim;
``(C) intentionally participated in an act,
contemplating that the life of a person would be taken
or intending that lethal force would be used in
connection with a person, other than one of the
participants in the offense, and the victim died as a
direct result of the act; or
``(D) intentionally and specifically engaged in an
act, knowing that the act created a grave risk of death
to a person, other than one of the participants in the
offense, such that participation in the act constituted
a reckless disregard for human life and the victim died
as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to
section 3593, it is determined that imposition of a sentence of death
is justified, except that no person may be sentenced to death who was
less than 18 years of age at the time of the offense.
``(b) a defendant who has been found guilty of--
``(1) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as
part of a continuing criminal enterprise offense under the
conditions described in subsection (b) of that section which
involved not less than twice the quantity of controlled
substance described in subsection (b)(2)(A) or twice the gross
receipts described in subsection (b)(2)(B);
``(2) an offense referred to in section 408(c)(1) of the
Controlled Substances Act (21 U.S.C. 848(c)(1)), committed as
part of a continuing criminal enterprise offense under that
section, where the defendant is a principal administrator,
organizer, or leader of such an enterprise, and the defendant,
in order to obstruct the investigation or prosecution of the
enterprise or an offense involved in the enterprise, attempts
to kill or knowlingly directs, advises, authorizes, or assists
another to attempt to kill any public officer, juror, witness,
or members of the family or household of such a person;
``(3) an offense constituting a felony violation of the
Controlled Substances Act (21 U.S.C. 801 et seq.), the
Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. App.
1901 et seq.), where the defendant, intending to cause death or
acting with reckless disregard for human life, engages in such
a violation, and the death of another person results in the
course of the violation or from the use of the controlled
substance involved in the violation;
shall be sentenced to death if, after consideration of the factors set
forth in section 3592, including the aggravating factors set forth at
subsection (c) below, in the course of a hearing held pursuant to
section 3593, it is determined that imposition of a sentence of death
is justified, except that no person may be sentenced to death who was
less than 18 years of age at the time of the offense.
``(c) Aggravating Factors for Drug Offense Death Penalty.--In
determining whether a sentence of death is justified for an offense
described in subsection (b) above, the jury, or if there is no jury,
the court, shall consider each of the following aggravating factors and
determine which, if any, exist:
``(1) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized by
statute.
``(2) Previous conviction of other serious offenses.--The
defendant has previously been convicted of two or more Federal
or State offenses, each punishable by a term of imprisonment of
more than one year, committed on different occasions, involving
the importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) or the infliction of, or
attempted infliction of, serious bodily injury or death upon
another person.
``(3) Previous serious drug felony conviction.--The
defendant has previously been convicted of another Federal or
State offense involving the manufacture, distribution,
importation, or possession of a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which a sentence of five or more years of
imprisonment was authorized by statute.
``(4) Use of firearm.--In committing the offense, or in
furtherance of a continuing criminal enterprise of which the
offense was a part, the defendant used a firearm or knowingly
directed, advised, authorized, or assisted another to use a
firearm to threaten, intimidate, assault, or injure a person.
``(5) Distribution to persons under 21.--The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 418 of the Controlled
Substances Act (21 U.S.C. 859) which was committed directly by
the defendant.
``(6) Distribution near schools.--The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 419 of the Controlled
Substances Act (21 U.S.C. 860) which was committed directly by
the defendant.
``(7) Using minors in trafficking.--The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 420 of the Controlled
Substances Act (21 U.S.C. 861) which was committed directly by
the defendant.
``(8) Lethal adulterant.--The offense involved the
importation, manufacture, or distribution of a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), mixed with a potentially
lethal adulterant, and the defendant was aware of the presence
of the adulterant.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
``Sec. 3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified
``(a) Mitigating Factors.--In determining whether a sentence of
death is to be imposed on a defendant, the finder of fact shall
consider any mitigating factor, including the following:
``(1) Impaired capacity.--The defendant's capacity to
appreciate the wrongfulness of the defendant's conduct or to
conform conduct to the requirements of law was significantly
impaired, regardless of whether the capacity was so impaired as
to constitute a defense to the charge.
``(2) Duress.--The defendant was under unusual and
substantial duress, regardless of whether the duress was of
such a degree as to constitute a defense to the charge.
``(3) Minor participation.--The defendant is punishable as
a principal in the offense, which was committed by another, but
the defendant's participation was relatively minor, regardless
of whether the participation was so minor as to constitute a
defense to the charge.
``(4) Equally culpable defendants.--Another defendant or
defendants, equally culpable in the crime, will not be punished
by death.
``(5) No prior criminal record.--The defendant did not have
a significant prior history of other criminal conduct.
``(6) Disturbance.--The defendant committed the offense
under severe mental or emotional disturbance.
``(7) Victim's consent.--The victim consented to the
criminal conduct that resulted in the victim's death.
``(8) Other factors.--Other factors in the defendant's
background, record, or character or any other circumstance of
the offense that mitigate against imposition of the death
sentence.
``(b) Aggravating Factors for Espionage and Treason.--In
determining whether a sentence of death is justified for an offense
described in section 3591(1), the jury, or if there is no jury, the
court, shall consider each of the following aggravating factors for
which notice has been given and determine which, if any, exist:
``(1) Prior espionage or treason offense.--The defendant
has previously been convicted of another offense involving
espionage or treason for which a sentence of either life
imprisonment or death was authorized by law.
``(2) Grave risk to national security.--In the commission
of the offense the defendant knowingly created a grave risk of
substantial danger to the national security.
``(3) Grave risk of death.--In the commission of the
offense the defendant knowingly created a grave risk of death
to another person.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
``(c) Aggravating Factors for Homicide and for Attempted Murder of
the President.--In determining whether a sentence of death is justified
for an offense described in section 3591 (2) or (3), the jury, or if
there is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and determine
which, if any, exist:
``(1) Death during commission of another crime.--The death,
or injury resulting in death, occurred during the commission or
attempted commission of, or during the immediate flight from
the commission of, an offense under section 32 (destruction of
aircraft or aircraft facilities), section 33 (destruction of
motor vehicles or motor vehicle facilities), section 36
(violence at international airports), section 351 (violence
against Members of Congress, Cabinet officers, or Supreme Court
Justices), an offense under section 751 (prisoners in custody
of institution or officer), section 794 (gathering or
delivering defense information to aid foreign government),
section 844(d) (transportation of explosives in interstate
commerce for certain purposes), section 844(f) (destruction of
Government property by explosives), section 1118 (prisoners
serving life term), section 1201 (kidnaping), section 844(i)
(destruction of property affecting interstate commerce by
explosives), section 1116 (killing or attempted killing of
diplomats), section 1203 (hostage taking), section 1992
(wrecking trains), section 2280 (maritime violence), section
2281 (maritime platform violence), section 2332 (terrorist acts
abroad against United States nationals), section 2339 (use of
weapons of mass destruction), or section 2381 (treason) of this
title, or section 902 (i) or (n) of the Federal Aviation Act of
1958 (49 U.S.C. 1472 (i) or (n)) (aircraft piracy).
``(2) Involvement of firearm or previous conviction of
violent felony involving firearm.--For any offense, other than
an offense for which a sentence of death is sought on the basis
of section 924(c), the defendant--
``(A) during and in relation to the commission of
the offense or in escaping or attempting to escape
apprehension used or possessed a firearm (as defined in
section 921); or
``(B) has previously been convicted of a Federal or
State offense punishable by a term of imprisonment of
more than 1 year, involving the use or attempted or
threatened use of a firearm (as defined in section 921)
against another person.
``(3) Previous conviction of offense for which a sentence
of death or life imprisonment was authorized.--The defendant
has previously been convicted of another Federal or State
offense resulting in the death of a person, for which a
sentence of life imprisonment or a sentence of death was
authorized by statute.
``(4) Previous conviction of other serious offenses.--The
defendant has previously been convicted of 2 or more Federal or
State offenses, punishable by a term of imprisonment of more
than 1 year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
``(5) Grave risk of death to additional persons.--The
defendant, in the commission of the offense, or in escaping
apprehension for the violation of the offense, knowingly
created a grave risk of death to 1 or more persons in addition
to the victim of the offense.
``(6) Heinous, cruel, or depraved manner of committing
offense.--The defendant committed the offense in an especially
heinous, cruel, or depraved manner in that it involved torture
or serious physical abuse to the victim.
``(7) Procurement of offense by payment.--The defendant
procured the commission of the offense by payment, or promise
of payment, of anything of pecuniary value.
``(8) Pecuniary gain.--The defendant committed the offense
as consideration for the receipt, or in the expectation of the
receipt, of anything of pecuniary value.
``(9) Substantial planning and premeditation.--The
defendant committed the offense after substantial planning and
premeditation to cause the death of a person or commit an act
of terrorism.
``(10) Conviction for two felony drug offenses.--The
defendant has previously been convicted of 2 or more State or
Federal offenses punishable by a term of imprisonment of more
than one year, committed on different occasions, involving the
distribution of a controlled substance.
``(11) Vulnerability of victim.--The victim was
particularly vulnerable due to old age, youth, or infirmity.
``(12) Conviction for serious federal drug offenses.--The
defendant had previously been convicted of violating title II
or III of the Controlled Substances Act for which a sentence of
5 or more years may be imposed or had previously been convicted
of engaging in a continuing criminal enterprise.
``(13) Continuing criminal enterprise involving drug sales
to minors.--The defendant committed the offense in the course
of engaging in a continuing criminal enterprise in violation of
section 408(c) of the Controlled Substances Act (21 U.S.C.
848(c)), and that violation involved the distribution of drugs
to persons under the age of 21 in violation of section 418 of
that Act (21 U.S.C. 859).
``(14) High public officials.--The defendant committed the
offense against--
``(A) the President of the United States, the
President-elect, the Vice President, the Vice-
President-elect, the Vice-President-designate, or, if
there is no Vice President, the officer next in order
of succession to the office of the President of the
United States, or any person who is acting as President
under the Constitution and laws of the United States;
``(B) a chief of state, head of government, or the
political equivalent, of a foreign nation;
``(C) a foreign official listed in section
1116(b)(3)(A), if the official is in the United States
on official business; or
``(D) a Federal public servant who is a judge, a
law enforcement officer, or an employee of a United
States penal or correctional institution--
``(i) while he or she is engaged in the
performance of his or her official duties;
``(ii) because of the performance of his or
her official duties; or
``(iii) because of his or her status as a
public servant.
For purposes of this subparagraph, a `law enforcement
officer' is a public servant authorized by law or by a
Government agency or Congress to conduct or engage in
the prevention, investigation, or prosecution or
adjudication of an offense, and includes those engaged
in corrections, parole, or probation functions.
The jury, or if there is no jury, the court, may consider whether any
other aggravating factor for which notice has been given exists.
``Sec. 3593. Special hearing to determine whether a sentence of death
is justified
``(a) Notice by the Government.--If, in a case involving an offense
described in section 3591, the attorney for the government believes
that the circumstances of the offense are such that a sentence of death
is justified under this chapter, the attorney shall, a reasonable time
before the trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant, a notice--
``(1) stating that the government believes that the
circumstances of the offense are such that, if the defendant is
convicted, a sentence of death is justified under this chapter
and that the government will seek the sentence of death; and
``(2) setting forth the aggravating factor or factors that
the government, if the defendant is convicted, proposes to
prove as justifying a sentence of death.
The factors for which notice is provided under this subsection may
include factors concerning the effect of the offense on the victim and
the victim's family, and may include oral testimony, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim and the victim's
family, and any other relevant information. The court may permit the
attorney for the government to amend the notice upon a showing of good
cause.
``(b) Hearing Before a Court or Jury.--If the attorney for the
government has filed a notice as required under subsection (a) and the
defendant is found guilty of or pleads guilty to an offense described
in section 3591, the judge who presided at the trial or before whom the
guilty plea was entered, or another judge if that judge is unavailable,
shall conduct a separate sentencing hearing to determine the punishment
to be imposed. The hearing shall be conducted--
``(1) before the jury that determined the defendant's
guilt;
``(2) before a jury impaneled for the purpose of the
hearing if--
``(A) the defendant was convicted upon a plea of
guilty;
``(B) the defendant was convicted after a trial
before the court sitting without a jury;
``(C) the jury that determined the defendant's
guilt was discharged for good cause; or
``(D) after initial imposition of a sentence under
this section, reconsideration of the sentence under
this section is necessary; or
``(3) before the court alone, upon the motion of the
defendant and with the approval of the attorney for the
government.
A jury impaneled pursuant to paragraph (2) shall consist of 12 members,
unless, at any time before the conclusion of the hearing, the parties
stipulate, with the approval of the court, that it shall consist of a
lesser number.
``(c) Proof of Mitigating and Aggravating Factors.--Notwithstanding
rule 32(c) of the Federal Rules of Criminal Procedure, when a defendant
is found guilty or pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing hearing,
information may be presented as to any matter relevant to the sentence,
including any mitigating or aggravating factor permitted or required to
be considered under section 3592. Information presented may include the
trial transcript and exhibits. The defendant may present any
information relevant to a mitigating factor. The government may present
any information relevant to an aggravating factor for which notice has
been provided under subsection (a). Information is admissible
regardless of its admissibility under the rules governing admission of
evidence at criminal trials except that information may be excluded if
its probative value is outweighed by the danger of creating unfair
prejudice, confusing the issues, or misleading the jury. The government
and the defendant shall be permitted to rebut any information received
at the hearing, and shall be given fair opportunity to present argument
as to the adequacy of the information to establish the existence of any
aggravating or mitigating factor, and as to the appropriateness in the
case of imposing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The government
shall then be permitted to reply in rebuttal. The burden of
establishing the existence of any aggravating factor is on the
government, and is not satisfied unless the existence of such a factor
is established beyond a reasonable doubt. The burden of establishing
the existence of any mitigating factor is on the defendant, and is not
satisfied unless the existence of such a factor is established by a
preponderance of the information.
``(d) Return of Special Findings.--The jury, or if there is no
jury, the court, shall consider all the information received during the
hearing. It shall return special findings identifying any aggravating
factor or factors set forth in section 3592 found to exist and any
other aggravating factor for which notice has been provided under
subsection (a) found to exist. A finding with respect to a mitigating
factor may be made by 1 or more members of the jury, and any member of
the jury who finds the existence of a mitigating factor may consider
such factor established for purposes of this section regardless of the
number of jurors who concur that the factor has been established. A
finding with respect to any aggravating factor must be unanimous. If no
aggravating factor set forth in section 3592 is found to exist, the
court shall impose a sentence other than death authorized by law.
``(e) Return of a Finding Concerning a Sentence of Death.--If, in
the case of--
``(1) an offense described in section 3591(1), an
aggravating factor required to be considered under section
3592(b) is found to exist; or
``(2) an offense described in section 3591 (2) or (3), an
aggravating factor required to be considered under section
3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider whether all
the aggravating factor or factors found to exist sufficiently outweigh
all the mitigating factor or factors found to exist to justify a
sentence of death, or, in the absence of a mitigating factor, whether
the aggravating factor or factors alone are sufficient to justify a
sentence of death. Based upon this consideration, the jury by unanimous
vote, or if there is no jury, the court, shall recommend whether the
defendant should be sentenced to death, to life imprisonment without
possibility of release or some other lesser sentence.
``(f) Special Precaution To Ensure Against Discrimination.--In a
hearing held before a jury, the court, prior to the return of a finding
under subsection (e), shall instruct the jury that, in considering
whether a sentence of death is justified, it shall not consider the
race, color, religious beliefs, national origin, or sex of the
defendant or of any victim and that the jury is not to recommend a
sentence of death unless it has concluded that it would recommend a
sentence of death for the crime in question no matter what the race,
color, religious beliefs, national origin, or sex of the defendant or
of any victim may be. The jury, upon return of a finding under
subsection (e), shall also return to the court a certificate, signed by
each juror, that consideration of the race, color, religious beliefs,
national origin, or sex of the defendant or any victim was not involved
in reaching his or her individual decision and that the individual
juror would have made the same recommendation regarding a sentence for
the crime in question no matter what the race, color, religious
beliefs, national origin, or sex of the defendant or any victim may be.
``Sec. 3594. Imposition of a sentence of death
``Upon a recommendation under section 3593(e) that the defendant
should be sentenced to death or life imprisonment without possibility
of release, the court shall sentence the defendant accordingly.
Otherwise, the court shall impose any lesser sentence that is
authorized by law. Notwithstanding any other law, if the maximum term
of imprisonment for the offense is life imprisonment, the court may
impose a sentence of life imprisonment without possibility of release.
``Sec. 3595. Review of a sentence of death
``(a) Appeal.--In a case in which a sentence of death is imposed,
the sentence shall be subject to review by the court of appeals upon
appeal by the defendant. Notice of appeal must be filed within the time
specified for the filing of a notice of appeal. An appeal under this
section may be consolidated with an appeal of the judgment of
conviction and shall have priority over all other cases.
``(b) Review.--The court of appeals shall review the entire record
in the case, including--
``(1) the evidence submitted during the trial;
``(2) the information submitted during the sentencing
hearing;
``(3) the procedures employed in the sentencing hearing;
and
``(4) the special findings returned under section 3593(d).
``(c) Decision and Disposition.--
``(1) The court of appeals shall address all substantive
and procedural issues raised on the appeal of a sentence of
death, and shall consider whether the sentence of death was
imposed under the influence of passion, prejudice, or any other
arbitrary factor and whether the evidence supports the special
finding of the existence of an aggravating factor required to
be considered under section 3592.
``(2) Whenever the court of appeals finds that--
``(A) the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary
factor;
``(B) the admissible evidence and information
adduced does not support the special finding of the
existence of the required aggravating factor; or
``(C) the proceedings involved any other legal
error requiring reversal of the sentence that was
properly preserved for appeal under the rules of
criminal procedure,
the court shall remand the case for reconsideration under
section 3593 or imposition of a sentence other than death. The
court of appeals shall not reverse or vacate a sentence of
death on account of any error which can be harmless, including
any erroneous special finding of an aggravating factor, where
the Government establishes beyond a reasonable doubt that the
error was harmless.
``(3) The court of appeals shall state in writing the
reasons for its disposition of an appeal of a sentence of death
under this section.
``Sec. 3596. Implementation of a sentence of death
``(a) In General.--A person who has been sentenced to death
pursuant to this chapter shall be committed to the custody of the
Attorney General until exhaustion of the procedures for appeal of the
judgment of conviction and for review of the sentence. When the
sentence is to be implemented, the Attorney General shall release the
person sentenced to death to the custody of a United States marshal,
who shall supervise implementation of the sentence in the manner
prescribed by the law of the State in which the sentence is imposed. If
the law of the State does not provide for implementation of a sentence
of death, the court shall designate another State, the law of which
does provide for the implementation of a sentence of death, and the
sentence shall be implemented in the latter State in the manner
prescribed by such law.
``(b) Pregnant Woman.--A sentence of death shall not be carried out
upon a woman while she is pregnant.
``(c) Mental Capacity.--A sentence of death shall not be carried
out upon a person who is mentally retarded. A sentence of death shall
not be carried out upon a person who, as a result of mental disability,
lacks the mental capacity to understand the death penalty and why it
was imposed on that person.
``Sec. 3597. Use of State facilities
``(a) In General.--A United States marshal charged with supervising
the implementation of a sentence of death may use appropriate State or
local facilities for the purpose, may use the services of an
appropriate State or local official or of a person such an official
employs for the purpose, and shall pay the costs thereof in an amount
approved by the Attorney General.
``(b) Excuse of an Employee on Moral or Religious Grounds.--No
employee of any State department of corrections, the United States
Department of Justice, the Federal Bureau of Prisons, or the United
States Marshals Service, and no employee providing services to that
department, bureau, or service under contract shall be required, as a
condition of that employment or contractual obligation, to be in
attendance at or to participate in any prosecution or execution under
this section if such participation is contrary to the moral or
religious convictions of the employee. In this subsection,
`participation in executions' includes personal preparation of the
condemned individual and the apparatus used for execution and
supervision of the activities of other personnel in carrying out such
activities.
``Sec. 3598. Special provisions for Indian country
``Notwithstanding sections 1152 and 1153, no person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to a capital sentence under this chapter for any offense the Federal
jurisdiction for which is predicated solely on Indian country (as
defined in section 1151 of this title) and which has occurred within
the boundaries of Indian country, unless the governing body of the
tribe has elected that this chapter have effect over land and persons
subject to its criminal jurisdiction.''.
(b) Technical Amendment.--The part analysis for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 227 the following new item:
``228. Death sentence....................................... 3591''.
SEC. 203. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) Conforming Changes in Title 18.--Title 18, United States Code,
is amended as follows:
(1) Aircraft and motor vehicles.--Section 34 of title 18,
United States Code, is amended by striking the comma after
``imprisonment for life'', inserting a period, and striking the
remainder of the section.
(2) Espionage.--Section 794(a) of title 18, United States
Code, is amended by striking the period at the end of the
section and inserting ``, except that the sentence of death
shall not be imposed unless the jury or, if there is no jury,
the court, further finds that the offense directly concerned
nuclear weaponry, military spacecraft or satellites, early
warning systems, or other means of defense or retaliation
against large-scale attack; war plans; communications
intelligence or cryptographic information; or any other major
weapons system or major element of defense strategy.''.
(3) Explosive materials.--(A) Section 844(d) of title 18,
United States Code, is amended by striking ``as provided in
section 34 of this title''.
(B) Section 844(f) of title 18, United States Code, is
amended by striking ``as provided in section 34 of this
title''.
(C) Section 844(i) of title 18, United States Code, is
amended by striking ``as provided in section 34 of this
title''.
(4) Murder.--The second undesignated paragraph of section
1111(b) of title 18, United States Code, is amended to read as
follows:
``Whoever is guilty of murder in the first degree shall be
punished by death or by imprisonment for life;''.
(5) Killing of foreign official.--Section 1116(a) of title
18, United States Code, is amended by striking ``any such
person who is found guilty of murder in the first degree shall
be sentenced to imprisonment for life, and''.
(6) Kidnapping.--Section 1201(a) of title 18, United States
Code, is amended by inserting after ``or for life'' the
following: ``and, if the death of any person results, shall be
punished by death or life imprisonment''.
(7) Nonmailable injurious articles.--The last paragraph of
section 1716 of title 18, United States Code, is amended by
striking the comma after ``imprisonment for life'' and
inserting a period and striking the remainder of the paragraph.
(8) Presidential assassinations.--Subsection (c) of section
1751 of title 18, United States Code, is amended to read as
follows:
``(c) Whoever attempts to kill or kidnap any individual designated
in subsection (a) of this section, shall be punished--
``(1) by imprisonment for any term of years or for life; or
``(2) if the conduct constitutes an attempt to
intentionally kill the President of the United States and
results in bodily injury to the President or otherwise comes
dangerously close to causing the death of the President, by
death or imprisonment for any term of years or for life.''.
(9) Wrecking trains.--The second to the last undesignated
paragraph of section 1992 of title 18, United States Code, is
amended by striking the comma after ``imprisonment for life'',
inserting a period, and striking the remainder of the section.
(10) Bank robbery.--Section 2113(e) of title 18, United
States Code, is amended by striking ``or punished by death if
the verdict of the jury shall so direct'' and inserting ``or if
death results shall be punished by death or life
imprisonment''.
(11) Hostage taking.--Section 1203(a) of title 18, United
States Code, is amended by inserting after ``or for life'' the
following: ``and, if the death of any person results, shall be
punished by death or life imprisonment''.
(12) Murder for hire.--Section 1958 of title 18, United
States Code, is amended by striking ``and if death results,
shall be subject to imprisonment for any term of years or for
life, or shall be fined not more than $50,000, or both'' and
inserting ``and if death results, shall be punished by death or
life imprisonment, or shall be fined not more than $250,000, or
both''.
(13) Racketeering.--Section 1959(a)(1) of title 18, United
States Code, is amended to read as follows:
``(1) for murder, by death or life imprisonment, or a fine
of not more than $250,000, or both; and for kidnapping, by
imprisonment for any term of years or for life, or a fine of
not more than $250,000, or both;''.
(14) Genocide.--Section 1091(b)(1) of title 18, United
States Code, is amended by striking ``a fine of not more than
$1,000,000 or imprisonment for life,'' and inserting ``, where
death results, by death or imprisonment for life and a fine of
not more than $1,000,000, or both;''.
(15) Carjacking.--Section 2119(3) of title 18, United
States Code, is amended by striking the period after ``both''
and inserting ``, or sentenced to death.''; and by striking ``,
possessing a firearm as defined in section 921 of this
title,''.
(b) Conforming Amendment to Federal Aviation Act of 1954.--Section
903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473) is amended by
striking subsection (c).
SEC. 204. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by this
title, shall not apply to prosecutions under the Uniform Code of
Military Justice (10 U.S.C. 801).
SEC. 205. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1118. Murder by a Federal prisoner
``(a) Offense.--A person who, while confined in a Federal
correctional institution under a sentence for a term of life
imprisonment, commits the murder of another shall be punished by death
or by life imprisonment.
``(b) Definitions.--In this section--
```Federal correctional institution' means any Federal
prison, Federal correctional facility, Federal community
program center, or Federal halfway house.
```murder' means a first degree or second degree murder (as
defined by section 1111).
```term of life imprisonment' means a sentence for the term
of natural life, a sentence commuted to natural life, an
indeterminate term of a minimum of at least fifteen years and a
maximum of life, or an unexecuted sentence of death.''.
(b) Technical Amendment.--The chapter analysis for chapter 51 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1118. Murder by a Federal prisoner.''.
SEC. 206. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) Conspiracy Against Rights.--Section 241 of title 18, United
States Code, is amended by striking the period at the end of the last
sentence and inserting ``, or may be sentenced to death.''.
(b) Deprivation of Rights Under Color of Law.--Section 242 of title
18, United States Code, is amended by striking the period at the end of
the last sentence and inserting ``, or may be sentenced to death.''.
(c) Federally Protected Activities.--Section 245(b) of title 18,
United States Code, is amended in the matter following paragraph (5) by
inserting ``, or may be sentenced to death'' after ``or for life''.
(d) Damage to Religious Property; Obstruction of the Free Exercise
of Religious Rights.--Section 247(c)(1) of title 18, United States
Code, is amended by inserting ``, or may be sentenced to death'' after
``or both''.
SEC. 207. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.
Section 1114(a) of title 18, United States Code, is amended by
striking ``punished as provided under sections 1111 and 1112 of this
title,'' and inserting ``punished, in the case of murder, by a sentence
of death or life imprisonment as provided under section 1111, or, in
the case of manslaughter, a sentence as provided under section 1112.''.
SEC. 208. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAPONS TO FURTHER
DRUG CONSPIRACIES.
(a) Short Title.--This section may be cited as the ``Drive-By
Shooting Prevention Act of 1993''.
(b) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
``(a) Definition.--In this section, `major drug offense' means--
``(1) a continuing criminal enterprise punishable under
section 403(c) of the Controlled Substances Act (21 U.S.C.
848(c));
``(2) a conspiracy to distribute controlled substances
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846) section 1013 of the Controlled Substances
Import and Export Control Act (21 U.S.C. 963); and
``(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).
``(b) Offense and Penalties.--(1) A person who, in furtherance or
to escape detection of a major drug offense and with the intent to
intimidate, harass, injure, or maim, fires a weapon into a group of two
or more persons and who, in the course of such conduct, causes grave
risk to any human life shall be punished by a term of no more than 25
years, by fine under this title, or both.
``(2) A person who, in furtherance or to escape detection of a
major drug offense and with the intent to intimidate, harass, injure,
or maim, fires a weapon into a group of 2 or more persons and who, in
the course of such conduct, kills any person shall, if the killing--
``(A) is a first degree murder (as defined in section
1111(a)), be punished by death or imprisonment for any term of
years or for life, fined under this title, or both; or
``(B) is a murder other than a first degree murder (as
defined in section 1111(a)), be fined under this title,
imprisoned for any term of years or for life, or both.''.
(c) Technical Amendment.--The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
``36. Drive-by shooting.''.
SEC. 209. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1118. Foreign murder of United States nationals
``(a) Definition.--In this section, `national of the United States'
has the meaning stated in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
``(b) Offense.--A person who, being a national of the United
States, kills or attempts to kill a national of the United States while
such national is outside the United States but within the jurisdiction
of another country shall be punished as provided under sections 1111,
1112, and 1113.
``(c) Limitations on Prosecution.--(1) No prosecution may be
instituted against any person under this section except upon the
written approval of the Attorney General, the Deputy Attorney General,
or an Assistant Attorney General, which function of approving
prosecutions may not be delegated. No prosecution shall be approved if
prosecution has been previously undertaken by a foreign country for the
same conduct.
``(2) No prosecution shall be approved under this section unless
the Attorney General, in consultation with the Secretary of State,
determines that the conduct took place in a country in which the person
is no longer present, and the country lacks the ability to lawfully
secure the person's return. A determination by the Attorney General
under this paragraph is not subject to judicial review.''.
(b) Technical Amendments.--(1) Section 1117 of title 18, United
States Code, is amended by striking ``or 1116'' and inserting ``1116,
or 1118''.
(2) The chapter analysis for chapter 51 of title 18, United States
Code, is amended by adding at the end the following new item:
``1118. Foreign murder of United States nationals.''.
SEC. 210. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
(a) Offense.--Chapter 109A of title 18, United States Code, is
amended--
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new
section:
``Sec. 2245. Sexual abuse resulting in death
``A person who, in the course of an offense under this chapter,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.''.
(b) Technical Amendments.--The chapter analysis for chapter 109A of
title 18, United States Code, is amended by striking the item for
section 2245 and inserting the following:
``2245. Sexual abuse resulting in death.
``2246. Definitions for chapter.''.
SEC. 211. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is amended by
adding at the end the following: ``Whoever, in the course of an offense
under this section, engages in conduct that results in the death of a
person, shall be punished by death or imprisoned for any term of years
or for life.''.
SEC. 212. MURDER BY ESCAPED PRISONERS.
(a) In General.--Chapter 51 of title 18, United States Code, as
amended by section 109(a), is amended by adding at the end the
following new section:
``Sec. 1119. Murder by escaped prisoners
``(a) Definition.--In this section, `Federal prison' and `term of
life imprisonment' have the meanings stated in section 1118.
``(b) Offense and Penalty.--A person, having escaped from a Federal
prison where the person was confined under a sentence for a term of
life imprisonment, kills another shall be punished as provided in
sections 1111 and 1112.''.
(b) Technical Amendment.--The chapter analysis for chapter 51 of
title 18, United States Code, as amended by section 109(b)(2), is
amended by adding at the end the following new item:
``1119. Murder by escaped prisoners.''.
SEC. 213. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF
VIOLENCE AND DRUG TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(i) A person who, in the course of a violation of subsection (c),
causes the death of a person through the use of a firearm, shall--
``(1) if the killing is a murder (as defined in section
1111), be punished by death or by imprisonment for any term of
years or for life; and
``(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.''.
SEC. 214. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking ``(c)'' and inserting
``(d)''; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) A person who kills or attempts to kill any person in the
course of a violation of subsection (a) or (b), or in the course of an
attack on a Federal facility involving the use of a firearm or other
dangerous weapon, shall be punished as provided in sections 1111, 1112,
and 1113.''.
SEC. 215. MURDER IN COURSE OF ALIEN SMUGGLING.
Section 274(a) of the Immigration and Naturalization Act (8 U.S.C.
1324) is amended by inserting before the period at the end the
following: ``: Provided further, That if during and in relation to an
offense described in paragraph (1) the person causes serious bodily
injury to, or places in jeopardy the life of, any alien, such person
shall be subject to a term of imprisonment of not more than 20 years,
and if the death of any alien results, shall be punished by death or
imprisoned for any term of years or for life.''.
TITLE III--FIREARMS
Subtitle A--Restraining Orders
SEC. 301. PERSONS SUBJECT TO RESTRAINING ORDERS.
(a) Section 922(d) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by adding ``or'' at the end of paragraph (7); and
(3) by adding after paragraph (7) the following new
paragraph:
``(8)(A) is subject to an order, issued by a Federal or
State court after a hearing about which that person received
actual notice and at which that person had the opportunity to
participate, restraining that person from harassing, stalking,
threatening, or engaging in other such conduct that would place
another person in fear of bodily injury or the effect of which
conduct would be to place a reasonable person in fear of bodily
injury; and
``(B) whom the court issuing the order finds under this
subsection to represent a credible threat to the physical
safety of that other person;''.
(b) Section 922(g) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by adding ``or'' at the end of paragraph (7); and
(3) by adding after paragraph (7) the following new
paragraph:
``(8)(A) who is subject to an order, issued by a Federal or
State court after a hearing about which that person received
actual notice and at which that person had the opportunity to
participate, restraining that person from harassing, stalking,
threatening, or engaging in other such conduct that would place
another person in fear of bodily injury or the effect of which
conduct would be to place a reasonable person in fear of bodily
injury; and
``(B) whom the court issuing the order finds under this
subsection to represent a credible threat to the physical
safety of that other person;''.
(c) Section 926(a) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by replacing ``.'' with ``; and'' at the end of
paragraph (2); and
(3) by adding after paragraph (a)(2) the following new
paragraph:
``(3) regulations providing for effective receipt and
secure storage of firearms relinquished by or seized from
persons described in section 922(d)(8) or 922(g)(8).''.
(d) Section 924(d)(1) of title 18, United States Code, is amended--
(1) by striking all between ``trial,'' and ``firearms'' and
inserting the following: ``or lapse of or court termination of
the restraining order to which he is subject, the seized or
relinquished''.
Subtitle B--Licensure
SEC. 311. FIREARMS LICENSURE AND REGISTRATION TO REQUIRE A PHOTOGRAPH
AND FINGERPRINTS.
(a) Firearms Licensure.--Section 923(a) of title 18, United States
Code, is amended in the second sentence by inserting ``and shall
include a photograph and fingerprints of the applicant'' before the
period.
(b) Registration.--Section 5802 of the Internal Revenue Code of
1986 is amended by inserting after the first sentence the following:
``An individual required to register under this section shall include a
photograph and fingerprints of the individual with the initial
application.''.
SEC. 312. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO
LICENSE.
Section 923(d)(1) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the applicant certifies that--
``(i) the business to be conducted under the
license is not prohibited by State or local law in the
place where the licensed premise is located;
``(ii)(I) within 30 days after the application is
approved the business will comply with the requirements
of State and local law applicable to the conduct of the
business; and
``(II) the business will not be conducted under the
license until the requirements of State and local law
applicable to the business have been met; and
``(iii) that the applicant has sent or delivered a
form to be prescribed by the Secretary, to the chief
law enforcement officer of the locality in which the
premises are located, which indicates that the
applicant intends to apply for a Federal firearms
license.''.
SEC. 313. ACTION ON FIREARMS LICENSE APPLICATION.
Section 923(d)(2) of title 18, United States Code, is amended by
striking ``forty-five-day'' and inserting ``60-day''.
SEC. 314. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code, is
amended to read as follows:
``(ii) for insuring compliance with the
record keeping requirements of this chapter--
``(I) not more than once during any
12-month period; or
``(II) at any time with respect to
records relating to a firearm involved
in a criminal investigation that is
traced to the licensee.''.
SEC. 315. REPORTS OF THEFT OR LOSS OF FIREARMS.
Section 923(g) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(6) Each licensee shall report the theft or loss of a
firearm from the licensee's inventory or collection, within 48
hours after the theft or loss is discovered, to the Secretary
and to the appropriate local authorities.''.
SEC. 316. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended by
section 215, is amended by adding at the end the following new
paragraph:
``(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by
the Secretary for information contained in the records required
to be kept by this chapter as may be required for determining
the disposition of 1 or more firearms in the course of a bona
fide criminal investigation. The requested information shall be
provided orally or in writing, as the Secretary may require.
The Secretary shall implement a system whereby the licensee can
positively identify and establish that an individual requesting
information via telephone is employed by and authorized by the
agency to request such information.''.
SEC. 317. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LICENSEES.
Section 923 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(1) The Secretary of the Treasury shall notify the chief
law enforcement officer in the appropriate State and local
jurisdictions of the names and addresses of all persons in the
State to whom a firearms license is issued.''.
TITLE IV--GUN CRIME PENALTIES
SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A
CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) Amendment to Sentencing Guidelines.--Pursuant to its authority
under section 994 of title 28, United States Code, the United States
Sentencing Commission shall amend its sentencing guidelines to provide
an appropriate enhancement of the punishment for a crime of violence
(as defined in section 924(c)(3) of title 18, United States Code) or a
drug trafficking crime (as defined in section 924(c)(2) of title 18,
United States Code) if a semiautomatic firearm is involved.
(b) Semiautomatic Firearm.--In subsection (a), ``semiautomatic
firearm'' means any repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case and
chamber the next round and that requires a separate pull of the trigger
to fire each cartridge.
SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO
COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall promulgate
amendments to the sentencing guidelines to appropriately enhance
penalties in a case in which a defendant convicted under section 844(h)
of title 18, United States Code, has previously been convicted under
that section.
SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section
213, is amended by adding at the end the following new subsection:
``(j) A person who, with intent to engage in or to promote conduct
that--
``(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
``(2) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(3) constitutes a crime of violence (as defined in
subsection (c)(3),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years, fined
under this title, or both.''.
SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES.
(a) Firearms.--Section 924 of title 18, United States Code, as
amended by section 403(a), is amended by adding at the end the
following new subsection:
``(k) A person who steals any firearm which is moving as, or is a
part of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years, fined under this title, or
both.''.
(b) Explosives.--Section 844 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(k) A person who steals any explosives materials which are moving
as, or are a part of, or which have moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years, fined under
this title, or both.''.
SEC. 405. REVOCATION OF SUPERVISED RELEASE.
Section 3583 of title 18, United States Code, is amended by
striking subsection (g) and inserting the following:
``(g) Mandatory Revocation for Possession of Controlled Substance
or Firearm or for Refusal To Cooperate With Drug Testing.--If the
defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
``(2) possesses a firearm, as such term is defined in
section 921 of this title, in violation of Federal law, or
otherwise violates a condition of supervised release
prohibiting the defendant from possessing a firearm; or
``(3) refuses to cooperate in drug testing imposed as a
condition of supervised release,
the court shall revoke the term of supervised release and require the
defendant to serve a term of imprisonment not to exceed the maximum
term of imprisonment authorized under subsection (e)(3).''.
SEC. 406. REVOCATION OF PROBATION.
(a) Continuation or Revocation.--Section 3565(a) of title 18,
United States Code, is amended--
(1) in paragraph (2) by striking ``impose any other
sentence that was available under subchapter A at the time of
the initial sentencing'' and inserting ``resentence the
defendant under subchapter A''; and
(2) by striking the last sentence.
(b) Mandatory Revocation.--Section 3565(b) of title 18, United
States Code, is amended to read as follows:
``(b) Mandatory Revocation for Possession of Controlled Substance
or Firearm or for Refusal To Cooperate With Drug Testing.--If the
defendant--
``(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
``(2) possesses a firearm (as defined in section 921) in
violation of Federal law or otherwise violates a condition of
probation prohibiting the defendant from possessing a firearm;
or
``(3) refuses to cooperate in drug testing in violation of
the condition imposed under subsection (a)(4),
the court shall revoke the sentence of probation and resentence the
defendant under subchapter A to a sentence that includes a term of
imprisonment.''.
SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM
FROM A LICENSED DEALER.
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (a)(1)(B) by striking ``(a)(6),''; and
(2) in subsection (a)(2) by inserting ``(a)(6),'' after
``subsections''.
SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS.
Section 842(i) of title 18, United States Code, is amended by
inserting ``or possess'' after ``to receive''.
SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE.
Section 844(c) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraphs:
``(2) Notwithstanding paragraph (1), in the case of the seizure of
any explosive materials for any offense for which the materials would
be subject to forfeiture in which it would be impracticable or unsafe
to remove the materials to a place of storage or would be unsafe to
store them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer shall make
a report of the seizure and take samples as the Secretary may by
regulation prescribe.
``(3) Within 60 days after any destruction made pursuant to
paragraph (2), the owner of (including any person having an interest
in) the property so destroyed may make application to the Secretary for
reimbursement of the value of the property. If the claimant establishes
to the satisfaction of the Secretary that--
``(A) the property has not been used or involved in a
violation of law; or
``(B) any unlawful involvement or use of the property was
without the claimant's knowledge, consent, or willful
blindness,
the Secretary shall make an allowance to the claimant not exceeding the
value of the property destroyed.''.
SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
(a) Section (e)(1) of Title 18.--Section 924(e)(1) of title 18,
United States Code, is amended by striking ``, and such person shall
not be eligible for parole with respect to the sentence imposed under
this subsection''.
(b) Section 924(c)(1) of Title 18.--Section 924(c)(1) of title 18,
United States Code, is amended by striking ``No person sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.''.
SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS
WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is amended to read
as follows:
``(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan any
stolen firearm or stolen ammunition, which is moving as, which is a
part of, which constitutes, or which has been shipped or transported
in, interstate or foreign commerce, either before or after it was
stolen, knowing or having reasonable cause to believe that the firearm
or ammunition was stolen.''.
SEC. 412. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR
FORGERY.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend its
sentencing guidelines to provide an appropriate enhancement of the
punishment for a defendant convicted of a felony under chapter 25 of
title 18, United States Code, if the defendant used or carried a
firearm (as defined in section 921(a)(3) of title 18, United States
Code) during and in relation to the felony.
SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS
AND SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend its
sentencing guidelines to--
(1) appropriately enhance penalties in cases in which a
defendant convicted under section 922(g) of title 18, United
States Code, has 1 prior conviction by any court referred to in
section 922(g)(1) of title 18 for a violent felony (as defined
in section 924(e)(2)(B) of that title) or a serious drug
offense (as defined in section 924(e)(2)(A) of that title); and
(2) appropriately enhance penalties in cases in which such
a defendant has 2 prior convictions for a violent felony (as so
defined) or a serious drug offense (as so defined).
SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT.
Section 922(a) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector,
who does not reside in any State to receive any firearms unless
such receipt is for lawful sporting purposes.''.
SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY.
(a) Firearms.--Section 924 of title 18, United States Code, as
amended by section 404(a), is amended by adding at the end the
following new subsection:
``(l) A person who conspires to commit any offense under this
chapter shall be subject to the same penalties as those prescribed for
the offense the commission of which was the object of the conspiracy,
except that--
``(1) in the case of a conspiracy to commit an offense
under subsection (c) of this section, the authorized term of
imprisonment shall be any term of years not exceeding 20; and
``(2) if the firearm is a machinegun or destructive device,
or is equipped with a firearm silencer or muffler, the
authorized term of imprisonment shall be any term of years or
life.''.
(b) Explosives.--Section 844 of title 18, United States Code, as
amended by section 404(b), is amended by adding at the end the
following new subsection:
``(l) A person who conspires to commit any offense under this
chapter shall be subject to the same penalties as those prescribed for
the offense the commission of which was the object of the conspiracy,
except that in the case of a conspiracy to commit an offense under
subsection (h) of this section, the authorized term of imprisonment
shall be any term of years not exceeding 20.
SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS.
(a) Study.--The Secretary of the Treasury shall conduct a study of
the incendiary ammunition offered for sale under the brand name
``Dragon's Breath'' and also known as the ``Three Second Flame
Thrower'', and all incendiary ammunition of similar function or effect,
for the purpose of determining whether there is a reasonable sporting
use for such ammunition and whether there is a reasonable use for such
ammunition in law enforcement.
(b) Report to the Congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary of the Treasury shall submit to
the Committee on the Judiciary of the House of Representatives a report
containing the results of the study required by subsection (a) and
recommendations for such legislative or administrative action, with
respect to the ammunition referred to in subsection (a), as the
Secretary deems appropriate.
SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) Firearms.--Section 924 of title 18, United States Code, as
amended by section 415(a), is amended by adding at the end the
following new subsection:
``(m) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector shall be
fined under this title, imprisoned not more than 10 years, or both.''.
(b) Explosives.--Section 844 of title 18, United States Code, as
amended by section 415(b), is amended by adding at the end the
following new subsection:
``(m) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be fined under this title, imprisoned not more than 10
years, or both.''.
SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended by
striking ``licensee'' and inserting ``person''.
SEC. 419. CLARIFICATION OF ``BURGLARY'' UNDER THE ARMED CAREER CRIMINAL
STATUTE.
Section 924(e)(2) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B)(ii);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) the term `burglary' means any crime punishable by a
term of imprisonment exceeding 1 year and consisting of
entering or remaining surreptitiously within a building that is
the property of another with intent to engage in conduct
constituting a Federal or State offense.''.
SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section
417(a), is amended by adding at the end the following new subsection:
``(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 922(a)(1)(A), travels from any State
or foreign country into any other State and acquires, or attempts to
acquire, a firearm in such other State in furtherance of such purpose
shall be imprisoned for not more than 10 years.''.
TITLE V--OBSTRUCTION OF JUSTICE
SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS.
Section 1503 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever'';
(2) by striking ``fined not more than $5,000 or imprisoned
not more than five years, or both.'' and inserting ``punished
as provided in subsection (b).'';
(3) by adding at the end the following new subsection:
``(b) The punishment for an offense under this section is--
``(1) in the case of a killing, the punishment provided in
sections 1111 and 1112;
``(2) in the case of an attempted killing, or a case in
which the offense was committed against a petit juror and in
which a class A or B felony was charged, imprisonment for not
more than 20 years; and
``(3) in any other case, imprisonment for not more than 10
years.''; and
(4) in subsection (a), as designated by paragraph (1), by
striking ``commissioner'' each place it appears and inserting
``magistrate judge''.
SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND
INFORMANTS.
Section 1513 of title 18, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting after the section heading the following
new subsection:
``(a)(1) Whoever kills or attempts to kill another person with
intent to retaliate against any person for--
``(A) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding;
or
``(B) any information relating to the commission or
possible commission of a Federal offense or a violation of
conditions of probation, parole, or release pending judicial
proceedings given by a person to a law enforcement officer;
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under this subsection is--
``(A) in the case of a killing, the punishment provided in
sections 1111 and 1112; and
``(B) in the case of an attempt, imprisonment for not more
than 20 years.''.
SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES.
Section 3432 of title 18, United States Code, is amended by
inserting before the period the following: ``, except that such list of
the veniremen and witnesses need not be furnished if the court finds by
a preponderance of the evidence that providing the list may jeopardize
the life or safety of any person''.
SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING
FEDERAL LAW ENFORCEMENT OFFICIALS.
(a) In General.--Chapter 51 of title 18, United States Code, as
amended by section 112(a), is amended by adding at the end the
following new section:
``Sec. 1120. Killing persons aiding Federal investigations
``A person who intentionally kills--
``(1) a State or local official, law enforcement officer,
or other officer or employee while working with Federal law
enforcement officials in furtherance of a Federal criminal
investigation--
``(A) while the victim is engaged in the
performance of official duties;
``(B) because of the performance of the victim's
official duties; or
``(C) because of the victim's status as a public
servant; or
``(2) any person assisting a Federal criminal
investigation, while that assistance is being rendered and
because of it,
shall be sentenced as provided in section 1111, including by sentence
of death or by imprisonment for life.''.
(b) Technical Amendment.--The chapter analysis for chapter 51 of
title 18, United States Code, as amended by section 112(b), is amended
by adding at the end the following new item:
``1120. Killing persons aiding Federal investigations.''.
SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES.
Section 1512(a)(2)(A) of title 18, United States Code, is amended
to read as follows:
``(A) in the case of murder (as defined in section 1111),
the death penalty or imprisonment for life, and in the case of
any other killing, the punishment provided in section 1112;''.
TITLE VI--GANGS, JUVENILES, DRUGS, AND PROSECUTORS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Anti-Gang and Youth Protection Act
of 1993''.
Subtitle A--Criminal Youth Gangs
SEC. 611. CRIMINAL STREET GANGS OFFENSES.
(a) Offense.--Title 18, United States Code, is amended by inserting
after chapter 93 the following new chapter:
``CHAPTER 94--PROHIBITED PARTICIPATION IN CRIMINAL STREET GANGS AND
GANG CRIME
``Sec.
``1930. Crimes in furtherance of gangs.
``1931. Prohibited activity.
``1932. Penalties.
``1933. Joinder.
``Sec. 1930. Crimes in furtherance of gangs
``(a) Findings.--The Congress makes the following findings:
``(1) Criminal street gangs have become increasingly
prevalent and entrenched in our society in the last several
decades. In many areas of the country, these gangs exert
considerable control over other members of their community,
particularly through the use of violence and drugs. Criminal
street gangs have also become more national in scope, extending
their influence beyond the urban areas in which they
originated.
``(2) The major activities of criminal street gangs are
crimes of violence and the distribution and use of illegal
drugs. It is through these activities that criminal street
gangs directly affect interstate and foreign commerce, even
when their particular activities, viewed in isolation, appear
to be purely intrastate in character.
``(b) Basis for Chapter.--On the basis of the findings stated in
subsection (a), the Congress determines that the provisions of this
chapter are necessary and proper for the purpose of carrying into
execution the powers of Congress to regulate commerce and to establish
criminal law.
``Sec. 1931. Prohibited activity
``(a) Definitions.--In this chapter--
```criminal street gang' means an organization or group of
5 or more persons, whether formal or informal, who act in
concert, or agree to act in concert, for a period in excess of
30 days, with a purpose that any of those persons alone, or in
any combination, commit or will commit, 2 or more predicate
gang crimes, 1 of which must occur after the date of enactment
of this chapter and the last of which occurred within 10 years
(excluding any period of imprisonment) after the commission of
a prior predicate gang crime.
```participate in a criminal street gang' means to act in
concert with a criminal street gang with intent to commit, or
with the intent that any other person associated with the
criminal street gang will commit, 1 or more predicate gang
crimes.
```predicate gang crime' means--
``(A) any act or threat, or attempted act or
threat, which is chargeable under Federal or State law
and punishable by imprisonment for more than 1 year,
involving murder, attempted murder, voluntary
manslaughter, kidnapping, robbery, extortion, arson,
obstruction of justice, tampering with or retaliating
against a witness, victim, or informant, or
manufacturing, importing, receiving, concealing,
purchasing, selling, possessing, or otherwise dealing
in a controlled substance or controlled substance
analogue (as those terms are defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802));
``(B) any act punishable by imprisonment for more
than 1 year under section 922 or 924 (a)(2), (b), (c),
(g), or (h) (relating to receipt, possession, and
transfer of firearms), section 1503 (relating to
obstruction of justice), section 1510 (relating to
obstruction of criminal investigations), section 1512
(relating to tampering with a witness, victim, or
informant), or section 1513 (relating to retaliating
against a witness, victim, or informant); or
``(C) any act punishable under subsection (b)(5).
```State' means a State, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
``(b) Unlawful Acts.--It shall be unlawful--
``(1) to commit, or to attempt to commit, a predicate gang
crime with intent to promote or further the activities of a
criminal street gang or for the purpose of gaining entrance to
or maintaining or increasing position in such a gang;
``(2) to participate, or attempt to participate, in a
criminal street gang, or conspire to do so;
``(3) to command, counsel, persuade, induce, entice, or
coerce any individual to participate in a criminal street gang;
``(4) to employ, use, command, counsel, persuade, induce,
entice, or coerce any individual to commit, cause to commit, or
facilitate the commission of, a predicate gang crime, with
intent to promote the activities of a criminal street gang or
for the purpose of gaining entrance to or maintaining or
increasing position in such a gang; or
``(5) to use any communication facility, as defined in
section 403(b) of the Controlled Substances act (21 U.S.C.
843(b)), in causing or facilitating the commission, or
attempted commission, of a predicate gang crime with intent to
promote or further the activities of a criminal street gang or
for the purpose of gaining entrance to or maintaining or
increasing position in such a gang. Each separate use of a
communication facility shall be a separate offense under this
subsection.
``Sec. 1932. Penalties
``(a) Penalties of up to 20 Years or Life Imprisonment.--A person
who violates section 1931(b) (1) or (2) shall be punished by
imprisonment for not more than 20 years, or by imprisonment for any
term of years or for life if the violation is based on a predicate gang
crime for which the maximum penalty includes life imprisonment, and if
a person commits such a violation after 1 or more prior convictions for
such a predicate gang crime, that is not part of the instant violation,
such person shall be sentenced to a term of imprisonment which shall
not be less than 10 years and which may be for any term of years
exceeding 10 years or for life.
``(b) Penalties Between 5 and 10 Years.--A person who violates
section 1931(b) (3) or (4) shall be sentenced to imprisonment for not
less than 5 nor more than 10 years, and if a person who was the subject
of the act was less than 18 years of age, to imprisonment for 10 years.
A term of imprisonment under this subsection shall run consecutively to
any other term of imprisonment, including that imposed for any other
violation of this chapter.
``(c) Penalties of Up to 5 Years.--A person who violates section
1931(b)(5) shall be punished by imprisonment for not more than 5 years.
``(d) Additional Penalties.--
``(1) In general.--In addition to the other penalties
authorized by this section--
``(A) a person who violates section 1931(b) (1) or
(2), 1 of whose predicate gang crimes involves murder
or conspiracy to commit murder which results in the
taking of a life, and who commits, counsels, commands,
induces, procures, or causes that murder, shall be
punished by death or by imprisonment for life;
``(B) a person who violates section 1931(b) (1) or
(2), 1 of whose predicate gang crimes involves
attempted murder or conspiracy to commit murder, shall
be sentenced to a term of imprisonment which shall not
be less than 20 years and which may be for any term of
years exceeding 20 years or for life; and
``(C) a person who violates section 1931(b) (1) or
(2), and who at the time of the offense occupied a
position of organizer or supervisor, or other position
of management in that street gang, shall be sentenced
to a term of imprisonment which shall not be less than
15 years and which may be for any term of years
exceeding 15 years or for life.
``(2) Presumption.--For purposes of paragraph (1)(C), if it
is shown that the defendant counseled, commanded, induced, or
procured 5 or more individuals to participate in a street gang,
there shall be a rebuttable presumption that the defendant
occupied a position of organizer, supervisor, or other position
of management in the gang.
``(e) Forfeiture.--
``(1) In general.--A person who violates section 1931(b)
(1) or (2) shall, in addition to any other penalty and
irrespective of any provision of State law, forfeit to the
United States--
``(A) any property constituting, or derived from,
any proceeds the person obtained, directly or
indirectly, as a result of the violation; and
``(B) any property used, or intended to be used, in
any manner or part, to commit, or to facilitate the
commission of, the violation.
``(2) Application of controlled substances act.--Section
413 (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n),
(o), and (p) of the Controlled Substances Act (21 U.S.C. 853
(b), (c), and (e), (f), (g), (h), (i), (j), (k), (l), (m), (n),
(o), and (p)) shall apply to a forfeiture under this section.
``Sec. 1933. Joinder
``In a prosecution of an offense under this chapter charging a
conspiracy to commit an offense, the trial of all of the alleged
conspirators shall be joined in a single district court, and a motion
to transfer shall not be granted unless the interest of justice so
requires.'';
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter
93 the following new item:
``94. Prohibited participation in criminal street gangs and 1930''.
gang crimes.
(c) Sentencing Guidelines Increase for Gang Crimes.--(1) The United
States Sentencing Commission shall at the earliest opportunity amend
the sentencing guidelines to increase by at least 4 levels the base
offense level for any felony committed for the purpose of gaining
entrance into, or maintaining or increasing position in, a criminal
street gang. For purposes of this subsection, ``criminal street gang''
means any organization, or group, of 5 or more individuals, whether
formal or informal, who act in concert, or agree to act in concert, for
a period in excess of 30 days, with the intent that any of those
individuals alone, or in any combination, commit or will commit, 2 or
more acts punishable under State or Federal law by imprisonment for
more than 1 year.
(2) The United States Sentencing Commission shall review and, if
necessary, amend its sentencing guidelines to provide that activity of
a defendant as an organizer or leader of a criminal street gang shall
be an aggravating factor in determining a sentence for an offense under
chapter 26 of title 18, United States Code.
SEC. 612. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by striking ``or'' before ``(E)''; and
(2) by inserting before the semicolon at the end of the
paragraph the following: ``, or (F) any offense against the
United States that is punishable by imprisonment for more than
1 year and that involved the use of a person below the age of
18 years in the commission of the offense''.
SEC. 613. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT
PREDICATES.
Section 924(e)(2)(A) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking ``and'' at the end of clause (ii) and
inserting ``or''; and
(3) by adding at the end the following:
``(iii) any act of juvenile delinquency
that if committed by an adult would be a
serious drug offense described in this
paragraph; and''.
SEC. 614. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by striking ``an offense described in section
401 of the Controlled Substances Act (21 U.S.C 841), or
section 1002(a), 1003, 1005, 1009, or 1010(b)(1), (2),
or (3) of the Controlled Substances Import and Export
Act (21 U.S.C. 952(a), 953, 955, 959, 960(b)(1), (2),
(3)),'' and inserting ``an offense (or a conspiracy or
attempt to commit an offense) described in section 401,
or 404 (insofar as the violation involves more than 5
grams of a mixture or substance which contains cocaine
base), of the Controlled Substances Act (21 U.S.C. 841,
844, or 846), section 1002(a), 1003, 1005, 1009,
1010(b)(1), (2), or (3), of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 953, 955, 959,
960(b)(1), (2), or (3), or 963),''; and
(B) by striking ``922(p)'' and inserting ``924(b),
(g), or (h)'';
(2) in the fourth undesignated paragraph--
(A) by striking ``an offense described in section
401 of the Controlled Substances Act (21 U.S.C. 841),
or section 1002(a), 1005, or 1009 of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a),
955, 959)'' and inserting ``an offense (or a conspiracy
or attempt to commit an offense) described in section
401, or 404 (insofar as the violation involves more
than 5 grams of a mixture or substance which contains
cocaine base), of the Controlled Substances Act (21
U.S.C. 841, 844, or 846), section 1002(a), 1005, 1009,
1010(b)(1), (2), or (3), of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 955, 959,
960(b)(1), (2), or (3), or 963), or section 924(b),
(g), or (h) of this title,''; and
(B) by striking ``subsection (b)(1)(A), (B), or
(C), (d), or (e) of section 401 of the Controlled
Substances Act, or section 1002(a), 1003, 1009, or
1010(b)(1), (2), or (3) of the Controlled Substances
Import and Export Act (21 U.S.C. 952(a), 953, 959,
960(b)(1), (2), (3))'' and inserting ``or an offense
(or conspiracy or attempt to commit an offense)
described in section 401(b)(1)(A), (B), or (C), (d), or
(e), or 404 (insofar as the violation involves more
than 5 grams of a mixture or substance which contains
cocaine base), of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), (B), or (C), (d), or (e), 844, or
846) or section 1002(a), 1003, 1009, 1010(b)(1), (2),
or (3) of the Controlled Substances Import and Export
Act (21 U.S.C. 952(a), 953, 959, 960(b)(1), (2), or
(3), or 963)''; and
(3) in the fifth undesignated paragraph by adding at the
end the following: ``In considering the nature of the offense,
as required by this paragraph, the court shall consider the
extent to which the juvenile played a leadership role in an
organization, or otherwise influenced other persons to take
part in criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor, if found
to exist, shall weigh heavily in favor of a transfer to adult
status, but the absence of this factor shall not preclude such
a transfer.''.
SEC. 615. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Notwithstanding any other law, any person at least 18 years
of age who knowingly and intentionally--
``(1) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to violate this section;
or
``(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding
detection or apprehension for any offense under this section by
any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple
those authorized by section 401.''.
SEC. 616. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended--
(1) in subsection (a) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''; and
(2) in subsection (b) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''.
SEC. 617. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE
AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.
(a) Travel Act Penalties.--Section 1952(a) of title 18, United
States Code, is amended by striking ``and thereafter performs or
attempts to perform any of the acts specified in subparagraphs (1),
(2), and (3), shall be fined not more than $10,000 or imprisoned for
not more than five years, or both.'' and inserting ``and thereafter
performs or attempts to perform--
``(A) an act described in paragraph (1) or (3) shall be
fined under this title, imprisoned not more than 5 years, or
both; or
``(B) an act described in paragraph (2) shall be fined
under this title, imprisoned for not more than 20 years, or
both, and if death results shall be imprisoned for any term of
years or for life.''.
(b) Murder Conspiracy Penalties.--Section 1958(a) of title 18,
United States Code, is amended by inserting ``or who conspires to do
so'' before ``shall be fined'' the first place it appears.
SEC. 618. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY
JUVENILES.
(a) Section 5038 of title 18, United States Code, is amended by
striking subsections (d) and (f), redesignating subsection (e) as
subsection (d), and by adding at the end new subsections (e) and (f) as
follows:
``(e) Whenever a juvenile has been found guilty of committing an
act which if committed by an adult would be an offense described in
clause (3) of the first paragraph of section 5032 of this title, the
juvenile shall be fingerprinted and photographed, and the fingerprints
and photograph shall be sent to the Federal Bureau of Investigation,
Identification Division. The court shall also transmit to the Federal
Bureau of Investigation, Identification Division, the information
concerning the adjudication, including name, date of adjudication,
court, offenses, and sentence, along with the notation that the matter
was a juvenile adjudication. The fingerprints, photograph, and other
records and information relating to a juvenile described in this
subsection, or to a juvenile who is prosecuted as an adult, shall be
made available in the manner applicable to adult defendants.
``(f) In addition to any other authorization under this section for
the reporting, retention, disclosure, or availability of records or
information, if the law of the State in which a Federal juvenile
delinquency proceeding takes place permits or requires the reporting,
retention, disclosure, or availability of records or information
relating to a juvenile or to a juvenile delinquency proceeding or
adjudication in certain circumstances, then such reporting, retention,
disclosure, or availability is permitted under this section whenever
the same circumstances exist.''.
(b) Section 3607 of title 18, United States Code, is repealed, and
the corresponding item in the chapter analysis for chapter 229 of title
18 is deleted.
(c) Section 401(b)(4) of the Controlled Substances Act (21 U.S.C.
841(b)(4)) is amended by striking ``and section 3607 of title 18''.
SEC. 619. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751) is amended--
(1) in paragraph (20) by striking ``and'' at the end;
(2) in paragraph (21) by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (21) the following new
paragraph:
``(22) law enforcement and prevention programs relating to
gangs, or to youth who are involved or at risk of involvement
in gangs.''.
Subtitle B--Gang Prosecution
SEC. 621. ADDITIONAL PROSECUTORS.
There is authorized to be appropriated $20,000,000 for each of
fiscal years 1994, 1995, 1996, 1997, and 1998 for the hiring of
additional Assistant United States Attorneys to prosecute violent youth
gangs.
SEC. 622. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION.
(a) Coordination.--The Attorney General (or the Attorney General's
designee), in consultation with the Secretary of the Treasury (or the
Secretary's designee), shall develop a national strategy to coordinate
gang-related investigations by Federal law enforcement agencies.
(b) Data Collection.--The Director of the Federal Bureau of
Investigation shall acquire and collect information on incidents of
gang violence for inclusion in an annual uniform crime report.
(c) Report.--The Attorney General shall prepare a report on
national gang violence outlining the strategy developed under
subsection (a) to be submitted to the President and Congress by January
1, 1995.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 1994.
SEC. 623. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA.
Section 504(a)(1) of title I of the Omnibus Crime and Safe Streets
Act of 1968 (42 U.S.C. 3754(a)(1)) is amended by striking ``1992'' and
inserting ``1993''.
SEC. 624. GRANTS FOR MULTIJURISDICTIONAL DRUG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime and Safe Streets Act
of 1968 (42 U.S.C. 3754(f)) is amended by inserting ``and gang'' after
``Except for grants awarded to State and local governments for the
purpose of participating in multijurisdictional drug''.
Subtitle C--Grants Under the Juvenile Justice and Delinquency
Prevention Act of 1974
SEC. 631. JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS.
Part B of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5631 et seq.) is amended--
(1) by inserting after the part heading the following
subpart heading:
``Subpart I--General Grant Programs'';
and
(2) by adding at the end the following new subpart:
``Subpart II--Juvenile Drug Trafficking and Gang Prevention Grants
``formula grants
``Sec. 231. (a) Authorization.--The Administrator may make grants
to States, units of general local government, private not-for-profit
anticrime organizations, or combinations thereof to assist them in
planning, establishing, operating, coordinating, and evaluating
projects, directly or through grants and contracts with public and
private agencies, for the development of more effective programs
including prevention and enforcement programs to reduce--
``(1) the formation or continuation of juvenile gangs; and
``(2) the use and sale of illegal drugs by juveniles.
``(b) Particular Purposes.--The grants made under this section can
be used for any of the following specific purposes:
``(1) To reduce the participation of juveniles in drug-
related crimes (including drug trafficking and drug use),
particularly in and around elementary and secondary schools.
``(2) To reduce juvenile involvement in organized crime,
drug and gang-related activity, particularly activities that
involve the distribution of drugs by or to juveniles.
``(3) To develop within the juvenile justice system,
including the juvenile corrections system, innovative means to
address the problems of juveniles convicted of serious drug-
related and gang-related offenses.
``(4) To reduce juvenile drug and gang-related activity in
public housing projects.
``(5) To develop and provide parenting classes to parents
of at-risk youth, giving parents the skills they need to
provide adequate care and supervision of such youth and to
counteract the influences leading youth to a life of gangs,
crime, and drugs.
``(6) To develop and provide training in methods of
nonviolent dispute resolution to youth of junior high school
and high school age.
``(7) To reduce and prevent juvenile drug and gang-related
activity in rural areas.
``(8) To provide technical assistance and training to
personnel and agencies responsible for the adjudicatory and
corrections components of the juvenile justice system to--
``(A) identify drug-dependent or gang-involved
juvenile offenders; and
``(B) provide appropriate counseling and treatment
to such offenders.
``(9) To promote the involvement of all juveniles in lawful
activities, including in-school and after-school programs for
academic, athletic, or artistic enrichment that also teach that
drug and gang involvement are wrong.
``(10) To facilitate Federal and State cooperation with
local school officials to develop education, prevention, and
treatment programs for juveniles who are likely to participate
in drug trafficking, drug use, or gang-related activities.
``(11) To prevent juvenile drug and gang involvement in
public housing projects through programs establishing youth
sports and other activities, including girls' and boys' clubs,
scout troops, and little leagues.
``(12) To provide pre- and post-trial drug abuse treatment
to juveniles in the juvenile justice system with the highest
possible priority to providing drug abuse treatment to drug-
dependent pregnant juveniles and drug-dependent juvenile
mothers.
``(13) To provide education and treatment programs for
juveniles exposed to severe violence in their homes, schools,
or neighborhoods.
``(14) To establish sports mentoring and coaching programs
in which athletes serve as role models for juveniles to teach
that athletics provides a positive alternative to drug and gang
involvement.
``authorization of appropriations
``Sec. 232. There are authorized to be appropriated $100,000,000
for fiscal year 1994 and such sums as are necessary for fiscal year
1995 to carry out this subpart.
``allocation of funds
``Sec. 233. The amounts appropriated for this subpart for any
fiscal year shall be allocated as follows:
``(1) $500,000 or 1.0 percent, whichever is greater, shall
be allocated to each of the States.
``(2) Such sums as are necessary to carry out section 235.
``(3) Of the funds remaining after the allocation under
paragraphs (1) and (2), there shall be allocated to each State
an amount that bears the same ratio to the amount of remaining
funds described in this paragraph as the population of
juveniles residing in the State bears to the population of
juveniles residing in all the States.
``application
``Sec. 234. (a) In General.--Each State or entity applying for a
grant under section 231 shall submit an application to the
Administrator in such form and containing such information as the
Administrator shall prescribe.
``(b) Regulations.--To the extent practicable, the Administrator
shall prescribe regulations governing applications for this subpart
that are substantially similar to the regulations governing
applications required under subpart I of this part and subpart II of
part C, including the regulations relating to competition.
``mental health screening
``Sec. 235. (a) Sense of the Congress.--It is the sense of the
Congress that no child should have to be incarcerated in a State youth
center or detention facility solely in order to receive mental health
treatment.
``(b) In General.--Not later than two years after the date of
enactment of this subpart, the Attorney General, acting through the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention, in collaboration with the Secretary of Health and Human
Services, acting through the Administrator of Substance Abuse and
Mental Health Services Administration, shall, subject to the
availability of appropriations--
``(1) study the nature and prevalence of mental illness
among youth in the juvenile justice system at several different
points in the system, including the arrest stage, the
adjudication, and dispositional state, and the commitment
stage;
``(2) develop a model system that the States can use to
assess, diagnose, and treat the mental health needs of youth
who come in contact with the juvenile justice system for mental
illness; and
``(3) disseminate the results of the study and the model to
each State's Juvenile Justice Advisory Group.
``(c) Study.--The study should include analysis of--
``(1) national prevalence of rates of the different
clinical categories of mental illness for youth who come in
contact with the juvenile justice system;
``(2) the prevalence of multiple mental disorders among
youth who have come in contact with the juvenile justice
system;
``(3) recommendations to the Committee on the Judiciary of
the Senate and the Committees on Education and Labor of the
House of Representatives on the appropriateness and need for
further Federal action; and
``(4) such other analysis as is appropriate.
``(d) Model.--The model should provide--
``(1) guidelines for accurate and timely assessment,
diagnosis, and treatment at several different points in the
juvenile justice system including the arrest stage, the
adjudication and dispositional stage, and the commitment stage;
``(2) a method for fostering collaboration between the
mental health agencies, juvenile justice agencies, educational
agencies, social services agencies, substance abuse treatment
agencies, police, and families;
``(3) a funding mechanism for the model; and
``(4) such other guidelines as are appropriate.''.
SEC. 632. CONFORMING REPEALER AND AMENDMENTS.
(a) Repeal of Part D.--Part D of title II of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5667 et seq.) is
repealed, and part E of title II of that Act is redesignated as part D.
(b) Authorization of Appropriations.--Section 291 of title II of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5671) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(1)'' and by
striking ``(other than part D)''; and
(B) by striking paragraph (2); and
(2) in subsection (b) by striking ``(other than part D)''.
SEC. 633. GRANTS FOR YOUTH DEVELOPMENT CENTERS.
Part B of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5631 et seq.), as amended by section
611, is amended by adding at the end the following new subpart:
``Subpart III--Youth Violence Prevention Block Grants
``Sec. 238. (a) In General.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention shall subject to
availability of appropriations make grants to States to assist the
States in planning, establishing, operating, coordinating, and
evaluating programs directly or through grants and contracts with
public and private agencies for the development of more effective
education, training, research, prevention, diversion, treatment, and
rehabilitation programs in the area of juvenile violence.
``(b) Issues To Be Addressed.--A program funded under subsection
(a) shall address issues identified as contributing to youth violence,
which may include--
``(1) conflict resolution programs in schools;
``(2) alternatives to school suspension;
``(3) juvenile court diversion programs; and
``(4) other innovative projects.
``(c) Allocation of Funds.--The amount appropriated under this
section for a fiscal year shall be allocated among the States by
allocating to each State an amount that bears the same proportion to
the amount appropriated as the number of residents of the State under
the age of 18 years bears to the number of residents of all of the
States under the age of 18 years.
``(d) Administration.--Grants made under this section shall be
administered by the State office designated under section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
``(e) Applications by Public and Private Agencies.--
``(1) In general.--A public or private agency desiring to
receive a grant or enter into a contract under this subpart
shall submit an application at such time, in such manner, and
containing such information as the office described in
subsection (d) may prescribe.
``(2) Contents.--In accordance with guidelines established
by the office described in subsection (d), an application under
paragraph (1) shall--
``(A) set forth a program or activity for carrying
out 1 or more of the purposes described in subsections
(a) and (b) and specifically identify each such purpose
that the program or activity is designed to carry out;
``(B) provide that the program or activity will be
administered by or under the supervision of the
applicant;
``(C) provide for the proper and efficient
administration of the program or activity;
``(D) provide for regular evaluation of the program
or activity;
``(E) provide an assurance that the proposed
program or activity will supplement, not supplant,
similar programs and activities already available in
the community;
``(F) describe how the program or activity will be
coordinated with programs, activities, and services
available locally;
``(G) provide that regular reports on such program
or activity shall be sent to the administering office
named in subsection (d); and
``(H) provide for such fiscal control and fund
accounting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate
accounting of funds received under this subpart.
``(f) Matching Funds Requirements.--
``(1) Funds received under this subpart.--Funds received
through a grant under this section may not be expended for more
than 75 percent of the cost of any program that is so funded.
``(2) Funds from other sources.--In providing for the 25
percent share of the cost of a program from other sources, a
State--
``(A) shall provide for such share through a
payment in cash or in kind, fairly evaluated, including
facilities, equipment, or services; and
``(B) may provide for such share through State
sources, local sources, private sources, nonprofit
sources, other Federal sources, or any combination of
these sources.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of fiscal
years 1995 and 1996.''.
Subtitle D--Bindover System for Certain Violent Juveniles
SEC. 641. BINDOVER SYSTEM.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 1002, is
amended--
(1) by striking ``and'' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(23) programs that address the need for effective
bindover systems for the prosecution of violent juveniles 13
years of age and older in courts with jurisdiction over adults
for the crimes of--
``(A) murder in the first degree;
``(B) murder in the second degree;
``(C) attempted murder;
``(D) armed robbery when armed with a firearm;
``(E) aggravated battery or assault when armed with
a firearm;
``(F) criminal sexual penetration when armed with a
firearm; and
``(G) drive-by shootings as described in section 36
of title 18, United States Code.''.
Subtitle E--Federal Prosecutions
SEC. 651. PROSECUTION AS ADULTS OF VIOLENT JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended by adding
at the end the following new paragraph:
``(A) Notwithstanding any other provision of this section or any
other law, a juvenile who was 13 years old or older on the date of the
commission of an offense under section 113 (a), (b), or (c), 1111,
1113, 2111 or 2113 (if the juvenile was in possession of a firearm
during the offense), or 2241 (a) or (c) (if the juvenile was in
possession of a firearm during the offense) shall be prosecuted as an
adult in Federal court. No juvenile prosecuted as an adult under this
paragraph shall be incarcerated in an adult prison.
``(B) If a juvenile prosecuted under this paragraph is convicted,
the juvenile shall be entitled to file a petition for resentencing
pursuant to applicable sentencing guidelines when he or she reaches the
age of 16.
``(C) The United States Sentencing Commission shall promulgate
guidelines, or amend existing guidelines, if necessary, to carry out
the purposes of this section. For resentencing determinations pursuant
to subsection (b), the Commission may promulgate guidelines, if
necessary to permit sentencing adjustments which may include
adjustments which provide for supervised release, for defendants who
have clearly demonstrated (i) an exceptional degree of responsibility
for the offense and (ii) a willingness and ability to refrain from
further criminal conduct.
Subtitle F--Youth Handgun Safety
SEC. 661. FINDINGS AND DECLARATIONS.
The Congress finds and declares that--
(1) Crime, particularly crime involving drugs and guns, is
a pervasive, nationwide problem.
(2) Problems with crime at the local level are exacerbated
by the interstate movement of drugs, guns, and criminal gangs.
(3) Firearms and ammunition, and handguns in particular,
move easily in interstate commerce, as documented in numerous
hearings in both the Judiciary Committee of the House of
Representatives and Judiciary Committee of the Senate.
(4) In fact, even before the sale of a handgun, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce.
(5) While criminals freely move from State to State,
ordinary citizens may fear to travel to or through certain
parts of the country due to the concern that violent crime is
not under control, and foreigners may decline to travel in the
United States for the same reason.
(6) Just as the hardened drug kingpins begin their life in
the illicit drug culture by exposure to drugs at a young age,
violent criminals often start their criminal careers on streets
where the ready availability of guns to young people results in
the acceptability of their random use.
(7) Violent crime and the use of illicit drugs go hand-in-
hand, and attempts to control one without controlling the other
may be fruitless.
(8) Individual States and localities find it impossible to
handle the problem by themselves; even States and localities
that have made a strong effort to prevent, detect, and punish
crime find their effort unavailing due in part to the failure
or inability of other States and localities to take strong
measures.
(9) Inasmuch as illicit drug activity and related violent
crime overflow State lines and national boundaries, the
Congress has power, under the interstate commerce clause and
other provisions of the Constitution, to enact measures to
combat these problems.
(10) The Congress finds that it is necessary and
appropriate to assist the States in controlling crime by
stopping the commerce in handguns with juveniles nationwide,
and allowing the possession of handguns by juveniles only when
handguns are possessed and used for legitimate purposes under
appropriate conditions.
SEC. 662. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION BY,
OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION TO, A
JUVENILE.
(a) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(29) The term `handgun' means--
``(A) a firearm that has a short stock and is
designed to be held and fired by the use of a single
hand; and
``(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.''.
(b) Offense.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the juvenile (or on property used for
ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is
performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
``(ii) with the prior written consent of the
juvenile's parent or guardian who is not prohibited by
Federal, State, or local law from possessing a firearm,
except--
``(I) during transportation by the juvenile
of an unloaded handgun in a locked container
directly from the place of transfer to a place
at which an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and in a
locked container, directly from the place at
which such an activity took place to the
transferor; or
``(II) with respect to ranching or farming
activities as described in clause (i), a
juvenile may possess and use a handgun or
ammunition with the prior written approval of
the juvenile's parent or legal guardian and at
the direction of an adult who is not prohibited
by Federal, State or local law from possessing
a firearm.
``(iii) the juvenile has the prior written consent
in the juvenile's possession at all times when a
handgun is in the possession of the juvenile; and
``(iv) in accordance with State and local law;
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun in the line of duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a juvenile; or
``(D) the possession of a handgun or ammunition by a
juvenile taken in defense of the juvenile or other persons
against an intruder into the residence of the juvenile or a
residence in which the juvenile is an invited guest.
``(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor is
not in violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
``(5) For purposes of this subsection, the term `juvenile' means a
person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce subparagraph
(A).
``(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1) by striking ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following new paragraph:
``(5)(A)(i) A juvenile who violates section 922(s) shall be fined
under this title, imprisoned not more than 1 year, or both, except that
a juvenile described in clause (ii) shall be sentenced to probation on
appropriate conditions and shall not be incarcerated unless the
juvenile fails to comply with a condition of probation.
``(ii) A juvenile is described in this clause if--
``(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of section
922(s)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(s) or a
similar State law, but not including any other offense
consisting of conduct that if engaged in by an adult would not
constitute an offense) or adjudicated as a juvenile delinquent
for conduct that if engaged in by an adult would constitute an
offense.
``(B) A person other than a juvenile who knowingly violates section
922(s)--
``(i) shall be fined under this title, imprisoned not more
than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or
having reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise use the
handgun or ammunition in the commission of a crime of violence,
shall be fined under this title, imprisoned not more than 10
years, or both.''.
(d) Technical Amendment of Juvenile Delinquency Provisions in Title
18, United States Code.--
(1) Section 5031.--Section 5031 of title 18, United States
Code, is amended by inserting ``or a violation by such a person
of section 922(s)'' before the period at the end.
(2) Section 5032.--Section 5032 of title 18, United States
Code, is amended--
(A) in the first undesignated paragraph by
inserting ``or (s)'' after ``922(p)''; and
(B) in the fourth undesignated paragraph by
inserting ``or section 922(s) of this title,'' before
``criminal prosecution on the basis''.
(e) Technical Amendment of the Juvenile Justice and Delinquency
Prevention Act of 1974.--Section 223(a)(12)(A) of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is
amended by striking ``which do not constitute violations of valid court
orders'' and inserting ``(other than an offense that constitutes a
violation of a valid court order or a violation of section 922(s) of
title 18, United States Code, or a similar State law).''
(f) Model Law.--The Attorney General, acting through the Director
of the National Institute for Juvenile Justice and Delinquency
Prevention, shall--
(1) evaluate existing and proposed juvenile handgun
legislation in each State;
(2) develop model juvenile handgun legislation that is
constitutional and enforceable;
(3) prepare and disseminate to State authorities the
findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1994, findings and
recommendations concerning the need or appropriateness of
further action by the Federal Government.
SEC. 663. PROHIBITION OF THE SALE AND TRANSFER FOR CONSIDERATION OF A
HANDGUN OR HANDGUN AMMUNITION TO A JUVENILE.
(a) Offense.--Section 922 of title 18, United States Code, is
amended by adding at the end thereof the following new subsection:
``(t)(1) Except as provided in paragraph (3), it shall be unlawful
for any person to sell or otherwise transfer for consideration to a
person who the seller or transferor knows or has reasonable cause to
believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a
handgun.
``(2) For purposes of this subsection--
``(i) the term `juvenile' means a person who is less than
18 years of age; and
``(ii) the term `handgun' means--
``(I) a firearm that has a short stock and is
designed to be held and fired by the use of a single
hand; and
``(II) any combination of parts from which a
firearm described in subclause (I) can be assembled.
``(3) This subsection shall not apply to a sale or a transfer of a
handgun or ammunition if the sale or transfer was made in accordance
with State and local law and with the prior consent of the juvenile's
parent or legal guardian who is not prohibited by Federal, State, or
local law from possessing a firearm.''.
(b) Penalties.--Section 924(a) of title 18, United States Code, is
amended--
(1) in paragraph (1) by striking out ``paragraph (2) or (3)
of''; and
(2) by adding at the end the following new paragraph:
``(5)(A) Except as provided in subparagraph (B), whoever
knowingly violates subsection (t) of section 922 shall be fined
not more than $5,000, imprisoned not more than five years, or
both.
``(B) Whoever knowingly violates subsection (t) of section
922 knowing or having reasonable cause to know that the
juvenile to whom the handgun or ammunition was sold or
otherwise transferred for consideration intended to carry,
possess, discharge, or otherwise use such handgun or ammunition
in the commission of a crime of violence, shall be fined under
this title, imprisoned not more than 10 years, or both.''.
TITLE VII--TERRORISM
Subtitle A--Maritime Navigation and Fixed Platforms
SEC. 701. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION OR FIXED
PLATFORMS.
Chapter 111 of title 18, United States Code, is amended by adding
at the end the following new sections:
``Sec. 2280. Violence against maritime navigation
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a ship by
force or threat thereof or any other form of
intimidation;
``(B) performs an act of violence against a person
on board a ship if that act is likely to endanger the
safe navigation of that ship;
``(C) destroys a ship or causes damage to a ship or
to its cargo which is likely to endanger the safe
navigation of that ship;
``(D) places or causes to be placed on a ship, by
any means whatsoever, a device or substance which is
likely to destroy that ship, or cause damage to that
ship or its cargo which endangers or is likely to
endanger the safe navigation of that ship;
``(E) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
``(F) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;
``(G) injures or kills any person in connection
with the commission or the attempted commission of any
of the offenses set forth in subparagraphs (A) through
(F); or
``(H) attempts to do any act prohibited under
subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more than 20
years, or both; and if the death of any person results from
conduct prohibited by this paragraph, shall be punished by
death or imprisoned for any term of years or for life.
``(2) Threat to navigation.--A person who threatens to do
any act prohibited under paragraph (1) (B), (C) or (E), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the safe
navigation of the ship in question, shall be fined under this
title, imprisoned not more than 5 years, or both.
``(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (b)--
``(1) in the case of a covered ship, if--
``(A) such activity is committed--
``(i) against or on board a ship flying the
flag of the United States at the time the
prohibited activity is committed;
``(ii) in the United States and the
activity is not prohibited as a crime by the
State in which the activity takes place; or
``(iii) the activity takes place on a ship
flying the flag of a foreign country or outside
the United States, by a national of the United
States or by a stateless person whose habitual
residence is in the United States;
``(B) during the commission of such activity, a
national of the United States is seized, threatened,
injured or killed; or
``(C) the offender is later found in the United
States after such activity is committed;
``(2) in the case of a ship navigating or scheduled to
navigate solely within the territorial sea or internal waters
of a country other than the United States, if the offender is
later found in the United States after such activity is
committed; and
``(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States to do or
abstain from doing any act.
``(c) It is a bar to Federal presecution under subsection (a) for
conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such conduct
is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term `labor dispute' has
the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as
amended (29 U.S.C. 113(c)).
``(d) Definitions.--In this section--
```covered ship' means a ship that is navigating or is
scheduled to navigate into, through or from waters beyond the
outer limit of the territorial sea of a single country or a
lateral limit of that country's territorial sea with an
adjacent country.
```national of the United States' has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
```territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of
the United States determined in accordance with international
law.
```ship' means a vessel of any type whatsoever not
permanently attached to the sea-bed, including dynamically
supported craft, submersibles or any other floating craft, but
does not include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or for customs
or police purposes, or a ship which has been withdrawn from
navigation or laid up.
```United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands and all territories and
possessions of the United States.
``Sec. 2281. Violence against maritime fixed platforms
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a fixed
platform by force or threat thereof or any other form
of intimidation;
``(B) performs an act of violence against a person
on board a fixed platform if that act is likely to
endanger its safety;
``(C) destroys a fixed platform or causes damage to
it which is likely to endanger its safety;
``(D) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or
substance which is likely to destroy that fixed
platform or likely to endanger its safety;
``(E) injures or kills any person in connection
with the commission or the attempted commission of any
of the offenses set forth in subparagraphs (A) through
(D); or
``(F) attempts to do anything prohibited under
subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more than 20
years, or both; and if death results to any person from conduct
prohibited by this paragraph, shall be punished by death or
imprisoned for any term of years or for life.
``(2) Threat to safety.--A person who threatens to do
anything prohibited under paragraph (1) (B) or (C), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the
safety of the fixed platform, shall be fined under this title,
imprisoned not more than 5 years, or both.
``(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (b) if--
``(1) such activity is committed against or on board a
fixed platform--
``(A) that is located on the continental shelf of
the United States;
``(B) that is located on the continental shelf of
another country, by a national of the United States or
by a stateless person whose habitual residence is in
the United States; or
``(C) in an attempt to compel the United States to
do or abstain from doing any act;
``(2) during the commission of such activity against or on
board a fixed platform located on a continental shelf, a
national of the United States is seized, threatened, injured or
killed; or
``(3) such activity is committed against or on board a
fixed platform located outside the United States and beyond the
continental shelf of the United States and the offender is
later found in the United States.
``(c) It is a bar to Federal presecution under subsection (a) for
conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such conduct
is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term `labor dispute' has
the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as
amended (29 U.S.C. 113(c)).
``(d) Definitions.--In this section--
```continental shelf' means the sea-bed and subsoil of the
submarine areas that extend beyond a country's territorial sea
to the limits provided by customary international law as
reflected in Article 76 of the 1982 Convention on the Law of
the Sea.
```fixed platform' means an artificial island, installation
or structure permanently attached to the sea-bed for the
purpose of exploration or exploitation of resources or for
other economic purposes.
```national of the United States' has the meaning stated in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
```territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of
the United States determined in accordance with international
law.
```United States', when used in a geographical sense,
includes the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands and all territories and
possessions of the United States.''.
SEC. 702. TECHNICAL AMENDMENT.
The chapter analysis for chapter 111 of title 18, United States
Code, is amended by adding at the end the following new items:
``2280. Violence against maritime navigation.
``2281. Violence against maritime fixed
platforms.''.
SEC. 703. EFFECTIVE DATES.
This subtitle and the amendments made by this subtitle shall take
effect on the later of--
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18, United
States Code, the date the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation has
come into force and the United States has become a party to
that Convention; and
(B) in the case of section 2281 of title 18, United States
Code, the date the Protocol for the Suppression of Unlawful
Acts Against the Safety of Fixed Platforms Located on the
Continental Shelf has come into force and the United States has
become a party to that Protocol.
Subtitle B--General Provisions
SEC. 711. WEAPONS OF MASS DESTRUCTION.
(a) Findings.--The Congress finds that the use and threatened use
of weapons of mass destruction (as defined in section 2332a of title
18, United States Code, as added by subsection (b)) gravely harm the
national security and foreign relations interests of the United States,
seriously affect interstate and foreign commerce, and disturb the
domestic tranquility of the United States.
(b) Offense.--Chapter 113A of title 18, United States Code, is
amended by inserting after section 2332 the following new section:
``Sec. 2332a. Use of weapons of mass destruction
``(a) Definitions.--In this section--
```national of the United States' has the meaning given in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
```weapon of mass destruction' means--
``(A) any destructive device (as defined in section
921);
``(B) poison gas;
``(C) any weapon involving a disease organism; or
``(D) any weapon that is designed to release
radiation or radioactivity at a level dangerous to
human life.
``(b) Offense.--A person who uses, or attempts or conspires to use,
a weapon of mass destruction--
``(1) against a national of the United States while such
national is outside of the United States;
``(2) against any person within the United States; or
``(3) against any property that is owned, leased or used by
the United States or by any department or agency of the United
States, whether the property is within or outside of the United
States;
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of years
or for life.''.
(c) Technical Amendment.--The chapter analysis for chapter 113A of
title 18, United States Code, is amended by inserting after the item
relating to section 2332 the following new item:
``2332a. Use of weapons of mass destruction.''.
SEC. 712. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) Section 1705(b).--Section 206(b) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(b)) is amended by striking
``$50,000'' and inserting ``$1,000,000''.
(b) Section 1705(a).--Section 206(a) of the International Economic
Emergency Powers Act (50 U.S.C. 1705(a)) is amended by striking
``$10,000'' and inserting ``$1,000,000''.
(c) Section 1541.--Section 1541 of title 18, United States Code, is
amended--
(1) by striking ``$500'' and inserting ``$250,000''; and
(2) by striking ``one year'' and inserting ``5 years''.
(d) Chapter 75.--Sections 1542, 1543, 1544 and 1546 of title 18,
United States Code, are each amended--
(1) by striking ``$2,000'' each place it appears and
inserting ``$250,000''; and
(2) by striking ``five years'' each place it appears and
inserting ``10 years''.
(e) Section 1545.--Section 1545 of title 18, United States Code, is
amended--
(1) by striking ``$2,000'' and inserting ``$250,000''; and
(2) by striking ``three years'' and inserting ``10 years''.
SEC. 713. TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL
MARITIME AND TERRITORIAL JURISDICTION.
The Congress declares that all the territorial sea of the United
States, as defined by Presidential Proclamation 5928 of December 27,
1988, is part of the United States, subject to its sovereignty, and,
for purposes of Federal criminal jurisdiction, is within the special
maritime and territorial jurisdiction of the United States wherever
that term is used in title 18, United States Code.
SEC. 714. ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.
Section 13 of title 18, United States Code (relating to the
adoption of State laws for areas within Federal jurisdiction), is
amended--
(1) by inserting after ``title'' in subsection (a) the
following: ``or on, above, or below any portion of the
territorial sea of the United States not within the territory
of any State, Territory, Possession, or District''; and
(2) by inserting at the end the following new subsection:
``(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, Territory, Possession,
or District, such waters (including the airspace above and the seabed
and subsoil below, and artificial islands and fixed structures erected
thereon) shall be deemed for purposes of subsection (a) to lie within
the area of that State, Territory, Possession, or District it would lie
within if the boundaries of such State, Territory, Possession, or
District were extended seaward to the outer limit of the territorial
sea of the United States.''.
SEC. 715. JURISDICTION OVER CRIMES AGAINST UNITED STATES NATIONALS ON
CERTAIN FOREIGN SHIPS.
Section 7 of title 18, United States Code (relating to the special
maritime and territorial jurisdiction of the United States), is amended
by inserting at the end thereof the following new paragraph:
``(8) To the extent permitted by international law, any foreign
vessel during a voyage having a scheduled departure from or arrival in
the United States with respect to an offense committed by or against a
national of the United States.''.
SEC. 716. TORTURE.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 113A the following new chapter:
``CHAPTER 113B--TORTURE
``Sec.
``2340. Definitions.
``2340A. Torture.
``2340B. Exclusive remedies.
``Sec. 2340. Definitions
``In this chapter--
```severe mental pain or suffering' means the prolonged
mental harm caused by or resulting from--
``(A) the intentional infliction or threatened
infliction of severe physical pain or suffering;
``(B) the administration or application, or
threatened administration or application, of mind
altering substances or other procedures calculated to
disrupt profoundly the senses or the personality;
``(C) the threat of imminent death; or
``(D) the threat that another person will
imminently be subjected to death, severe physical pain
or suffering, or the administration or application of
mind altering substances or other procedures calculated
to disrupt profoundly the senses or personality.
```torture' means an act committed by a person acting under
the color of law specifically intended to inflict severe
physical or mental pain or suffering (other than pain or
suffering incidental to lawful sanctions) upon another person
within his custody or physical control.
```United States' includes all areas under the jurisdiction
of the United States including any of the places within the
provisions of sections 5 and 7 of this title and section
101(38) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1301(38)).
``Sec. 2340A. Torture
``(a) Offenses.--A person who outside the United States commits or
attempts to commit torture shall be fined under this title, imprisoned
not more than 20 years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be punished by death
or imprisoned for any term of years or for life.
``(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (a) if--
``(1) the alleged offender is a national of the United
States; or
``(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or the alleged
offender.
``Sec. 2340B. Exclusive remedies
``Nothing in this chapter shall be construed as precluding the
application of State or local laws on the same subject, nor shall
anything in this chapter be construed as creating any substantive or
procedural right enforceable by law by any party in any civil
proceeding.''.
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter
113A the following new item:
``113B. Torture............................................. 2340.''.
(c) Effective Date.--The amendment made by this section shall take
effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the United States has become a party
to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
SEC. 717. EXTENSION OF THE STATUTE OF LIMITATIONS FOR CERTAIN TERRORISM
OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by inserting after section 3285 the following new section:
``Sec. 3286. Extension of statute of limitations for certain terrorism
offenses
``Notwithstanding the provisions of section 3282, no person shall
be prosecuted, tried, or punished for any offense involving a violation
of section 32 (aircraft destruction), section 36 (airport violence),
section 112 (assaults upon diplomats), section 351 (crimes against
Congressmen or Cabinet officers), section 1116 (crimes against
diplomats), section 1203 (hostage taking), section 1361 (willful injury
to government property), section 1751 (crimes against the President),
section 2280 (maritime violence), section 2281 (maritime platform
violence), section 2331 (terrorist acts abroad against United States
nationals), section 2339 (use of weapons of mass destruction), or
section 2340A (torture) of this title or section 902 (i), (j), (k),
(l), or (n) of the Federal Aviation Act of 1958, as amended (49 U.S.C.
App. 1572 (i), (j), (k), (l), or (n)), unless the indictment is found
or the information is instituted within ten years next after such
offense shall have been committed.''.
(b) Technical Amendment.--The chapter analysis for chapter 213 of
title 18, United States Code, is amended by inserting after the item
relating to section 3285 the following new item:
``3286. Extension of statute of limitations for certain terrorism
offenses.''.
SEC. 718. FBI ACCESS TO TELEPHONE SUBSCRIBER INFORMATION.
(a) Required Certification.--Section 2709(b) of title 18, United
States Code, is amended to read as follows:
``(b) Required Certification.--The Director of the Federal Bureau
of Investigation, or his designee in a position not lower than Deputy
Assistant Director, may--
``(1) request the name, address, length of service, and
toll billing records of a person or entity if the Director (or
his designee in a position not lower than Deputy Assistant
Director) certifies in writing to the wire or electronic
communication service provider to which the request is made
that--
``(A) the name, address, length of service, and
toll billing records sought are relevant to an
authorized foreign counterintelligence investigation;
and
``(B) there are specific and articulable facts
giving reason to believe that the person or entity to
whom the information sought pertains is a foreign power
or an agent of a foreign power as defined in section
101 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801); and
``(2) request the name, address, and length of service of a
person or entity if the Director (or his designee in a position
not lower than Deputy Assistant Director) certifies in writing
to the wire or electronic communication service provider to
which the request is made that--
``(A) the information sought is relevant to an
authorized foreign counterintelligence investigation;
and
``(B) there are specific and articulable facts
giving reason to believe that communication facilities
registered in the name of the person or entity have
been used, through the services of such provider, in
communication with--
``(i) an individual who is engaging or has
engaged in international terrorism as defined
in section 101(c) of the Foreign Intelligence
Surveillance Act or clandestine intelligence
activities that involve or may involve a
violation of the criminal statutes of the
United States; or
``(ii) a foreign power or an agent of a
foreign power under circumstances giving reason
to believe that the communication concerned
international terrorism as defined in section
101(c) of the Foreign Intelligence Surveillance
Act or clandestine intelligence activities that
involve or may involve a violation of the
criminal statutes of the United States.''.
(b) Report to Judiciary Committees.--Section 2709(e) of title 18,
United States Code, is amended by adding after ``Senate'' the
following: ``, and the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate,''.
SEC. 719. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.
(a) Offense.--Chapter 2 of title 18, United States Code, is amended
by adding at the end thereof the following new section:
``Sec. 36. Violence at international airports
``(a) Offense.--A person who unlawfully and intentionally, using
any device, substance, or weapon--
``(1) performs an act of violence against a person at an
airport serving international civil aviation that causes or is
likely to cause serious bodily injury (as defined in section
1365 of this title) or death; or
``(2) destroys or seriously damages the facilities of an
airport serving international civil aviation or a civil
aircraft not in service located thereon or disrupts the
services of the airport,
if such an act endangers or is likely to endanger safety at that
airport, or attempts to do such an act, shall be fined under this
title, imprisoned not more than 20 years, or both; and if the death of
any person results from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years or for life.
``(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (a) if--
``(1) the prohibited activity takes place in the United
States; or
``(2) the prohibited activity takes place outside the
United States and the offender is later found in the United
States.
``(c) It is a bar to Federal presecution under subsection (a) for
conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such conduct
is prohibited as a felony under the law of the State in which it was
committed. For purposes of this section, the term `labor dispute' has
the meaning set forth in section 2(c) of the Norris-LaGuardia Act, as
amended (29 U.S.C. 113(c)).
(b) Technical Amendment.--The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
``36. Violence at international airports.''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the later of--
(1) the date of enactment of this Act; or
(2) the date on which the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil
Aviation, done at Montreal on 23 September 1971, has come into
force and the United States has become a party to the Protocol.
SEC. 720. PREVENTING ACTS OF TERRORISM AGAINST CIVILIAN AVIATION.
(a) In General.--Chapter 2 of title 18, United States Code, as
amended by section 719(a), is amended by adding at the end the
following new section:
``Sec. 37. Violations of Federal aviation security regulations
``A person who willfully violates a security regulation under part
107 or 108 of title 14, Code of Federal Regulations (relating to
airport and airline security) issued pursuant to section 315 or 316 of
the Air Transportation Security Act of 1974 (49 U.S.C. App. 1356 and
1357), or a successor part, shall be fined under this title, imprisoned
for not more than 1 year, or both.''.
(b) Technical Amendment.--The chapter analysis for chapter 2 of
title 18, United States Code, as amended by section 719(b), is amended
by adding at the end the following new item:
``37. Violations of Federal aviation security regulations.''.
SEC. 721. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
(a) In General.--Chapter 25 of title 18, United States Code, is
amended by adding before section 471 the following new section:
``Sec. 470. Counterfeit acts committed outside the United States
``A person who, outside the United States, engages in the act of--
``(1) making, dealing, or possessing any counterfeit
obligation or other security of the United States; or
``(2) making, dealing, or possessing any plate, stone, or
other thing, or any part thereof, used to counterfeit such
obligation or security,
if such act would constitute a violation of section 471, 473, or 474 if
committed within the United States, shall be fined under this title,
imprisoned for not more than 15 years, or both.''.
(b) Technical Amendments.--
(1) Chapter analysis.--The chapter analysis for chapter 25
of title 18, United States Code, is amended by adding before
section 471 the following new item:
``470. Counterfeit acts committed outside the United States.''.
(2) Part analysis.--The part analysis for part I of title
18, United States Code, is amended by amending the item for
chapter 25 to read as follows:
``25. Counterfeiting and forgery............................ 470''.
SEC. 722. ECONOMIC TERRORISM TASK FORCE.
(a) Establishment and Purpose.--There is established an Economic
Terrorism Task Force to--
(1) assess the threat of terrorist actions directed against
the United States economy, including actions directed against
the United States government and actions against United States
business interests;
(2) assess the adequacy of existing policies and procedures
designed to prevent terrorist actions directed against the
United States economy; and
(3) recommend administrative and legislative actions to
prevent terrorist actions directed against the United States
economy.
(b) Membership.--The Economic Terrorism Task Force shall be chaired
by the Secretary of State, or the Secretary's designee, and consist
of--
(1) the Director of Central Intelligence;
(2) the Director of the Federal Bureau of Investigation;
(3) the Director of the United States Secret Service;
(4) the Administrator of the Federal Aviation
Administration;
(5) the Chairman of the Board of Governors of the Federal
Reserve;
(6) the Under Secretary of the Treasury for Finance; and
(7) such other members of the Departments of Defense,
Justice, State, Treasury, or any other agency of the United
States government, as the Secretary of State may designate.
(c) Administrative Provisions.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to the Economic Terrorism
Task Force.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the chairman of the Economic Terrorism Task Force shall
submit a report to the President and the Congress detailing the
findings and recommendations of the task force. If the report of the
task force is classified, an unclassified version shall be prepared for
public distribution.
SEC. 723. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is amended to
read as follows:
``(1) if the killing is murder (as defined in section
1111(a)), be fined under this title, punished by death or
imprisonment for any term of years or for life, or both;''.
SEC. 724. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
The United States Sentencing Commission is directed to amend its
sentencing guidelines to provide an appropriate enhancement for any
felony, whether committed within or outside the United States, that
involves or is intended to promote international terrorism, unless such
involvement or intent is itself an element of the crime.
SEC. 725. ALIEN WITNESS COOPERATION.
(a) Establishment of New Nonimmigrant Classification.--Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) by striking ``or'' at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R)
and inserting ``; or'', and
(3) by adding at the end the following new subparagraph:
``(S) subject to section 214(j), an alien--
``(i) who the Attorney General determines--
``(I) is in possession of critical reliable
information concerning a criminal organization
or enterprise, and
``(II) is willing to supply such
information to Federal or State law enforcement
authorities or a Federal or State court of law,
and
``(ii) whose presence in the United States the
Attorney General determines is essential to the success
of an authorized criminal investigation or the
successful prosecution of an individual involved in the
criminal organization or enterprise,
and the spouse and minor children of the alien if accompanying,
or following to join, the alien.''.
(b) Conditions of Entry.--
(1) Waiver of grounds for exclusion.--Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended
by inserting before paragraph (2) the following new paragraph:
``(1) The Attorney General may, in the Attorney General's
discretion, waive the application of subsection (a) (other than
paragraph (3)(E) thereof) in the case of a nonimmigrant described in
section 101(a)(15)(S), if the Attorney General deems it in the national
interest. Any such waiver shall be deemed a waiver of any comparable
ground for deportation under section 241(a)(1)(A).''.
(2) Numerical limitations; period of admission; etc.--
Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184) is amended by adding at the end the following new
subsection:
``(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S) in any fiscal year may not
exceed 100.
``(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of this
subsection.
``(3) The period of admission of an alien as such a nonimmigrant
may not exceed 3 years. Such period may not be extended by the Attorney
General.
``(4) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant--
``(A) shall report not less often than quarterly to the
Commissioner such information concerning the alien's
whereabouts and activities as the Attorney General may require,
``(B) may not be convicted of any criminal offense in the
United States after the date of such admission, and
``(C) must have executed a form that waives the
nonimmigrant's right to contest, other than on the basis of an
application for withholding of deportation, any action for
deportation of the alien instituted before the alien obtains
lawful permanent resident status.
``(5) The Attorney General shall submit a report annually to the
Committees on the Judiciary of the House of Representatives and of the
Senate concerning--
``(A) the number of such nonimmigrants admitted,
``(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such aliens,
``(C) the number of such nonimmigrants whose admission has
not resulted in successful criminal prosecution or
investigation, and
``(D) the number of such nonimmigrants who have failed to
report quarterly (as required under paragraph (4)) or who have
been convicted of crimes in the United States after the date of
their admission as such a nonimmigrant.''.
(3) Prohibition of change of status.--Section 248(1) of the
Immigration and Nationality Act (8 U.S.C. 1258(1)) is amended
by striking ``or (K)'' and inserting ``(K), or (S)''.
(c) Adjustment to Permanent Resident Status.--
(1) In general.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end
the following new subsection:
``(h)(1) If, in the opinion of the Attorney General--
``(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S) has supplied information described in
clauses (i) and (ii) of that section, and
``(B) the provision of such information has substantially
contributed to the success of an authorized criminal
investigation or the successful prosecution of an individual
described in clause (ii) of that section,
the Attorney General may adjust the status of the alien (and the spouse
and child of the alien if admitted under such section) to that of an
alien lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
``(2) Upon the approval of adjustment of status under paragraph
(1), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval, and the Secretary
of State shall reduce by 1 the number of visas authorized to be issued
under section 201(d) and 203(b)(4) for the fiscal year then current.''.
(2) Exclusive means of adjustment.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--
(A) by striking ``or'' before ``(3)'' and ``(4)'';
and
(B) by inserting before the period at the end the
following: ``; or (5) an alien who was admitted as a
nonimmigrant described in section 101(a)(15)(S)''.
(d) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting ``(or 10 years in
the case of an alien provided lawful permanent resident status under
section 245(h))'' after ``five years''.
SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) Offense.--Chapter 113A of title 18, United States Code, is
amended by adding the following new section:
``Sec. 2339A. Providing material support to terrorists
``(a) Definition.--In this section, `material support or resources'
means currency or other financial securities, financial services,
lodging, training, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal substances,
explosives, personnel, transportation, and other physical assets, but
does not include humanitarian assistance to persons not directly
involved in such violations.
``(b) Offense.--A person who, within the United States, provides
material support or resources or conceals or disguises the nature,
location, source, or ownership of material support or resources,
knowing or intending that they are to be used in preparation for, or in
carrying out, a violation of section 32, 36, 351, 844 (f) or (i), 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this title
or section 902(i) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(i)), or in preparation for or carrying out the concealment of an
escape from the commission of any such violation, shall be fined under
this title, imprisoned not more than 10 years, or both.''.
(b) Technical Amendment.--The chapter analysis for chapter 113A of
title 18, United States Code, is amended by adding the following new
item:
``2339A. Providing material support to terrorists.''.
TITLE VIII--SEXUAL VIOLENCE AND ABUSE OF CHILDREN, THE ELDERLY, AND
INDIVIDUALS WITH DISABILITIES
Subtitle A--Sexual Abuse
SEC. 801. SEXUAL ABUSE AMENDMENTS.
(a) Definitions of Sexual Act and Sexual Contact for Victims Under
the Age of 16.--Paragraph (2) of section 2245 of title 18, United
States Code, is amended--
(1) in subparagraph (B) by striking ``or'' after the
semicolon;
(2) in subparagraph (C) by striking ``; and'' and inserting
``; or''; and
(3) by inserting a new subparagraph (D) as follows:
``(D) the intentional touching, not through the
clothing, of the genitalia of another person who has
not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or gratify
the sexual desire of any person;''.
Subtitle B--Protection of Children, the Elderly, and Individuals With
Disabilities
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``National Child, Elderly, and
Individuals with Disabilities Protection Act of 1993''.
SEC. 812. PURPOSES.
The purposes of this subtitle are--
(1) to establish a national system through which
organizations that care for children, the elderly, or
individuals with disabilities may obtain the benefit of a
nationwide criminal background check to determine if persons
who are current or prospective care providers have committed
abuse crimes or other serious crimes;
(2) to establish minimum criteria for State laws and
procedures that permit organizations that care for children,
the elderly, or individuals with disabilities to obtain the
benefit of nationwide criminal background checks to determine
if persons who are current or prospective care providers have
committed abuse crimes or other serious crimes;
(3) to provide procedural rights for persons who are
subject to nationwide criminal background checks, including
procedures to challenge and correct inaccurate background check
information;
(4) to establish a national system for the reporting by the
States of abuse crime information; and
(5) to document and study the problem of child abuse by
providing statistical and informational data on child abuse and
related crimes to the Department of Justice and other
interested parties.
SEC. 813. DEFINITIONS.
For the purposes of this subtitle--
(1) the term ``abuse crime'' means a child abuse crime, a
crime against the elderly, or a crime against an individual
with disabilities.
(2) the term ``abuse crime information'' means the
following facts concerning a person who is under indictment
for, or has been convicted of, an abuse crime: full name, race,
sex, date of birth, height, weight, a brief description of the
abuse crime or offenses for which the person has been arrested
or is under indictment or has been convicted, the disposition
of the charge, and any other information that the Attorney
General determines may be useful in identifying persons
arrested for, under indictment for, or convicted of, an abuse
crime;
(3) the term ``authorized agency'' means a division or
office of a State designated by a State to report, receive, or
disseminate information under this subtitle;
(4) the term ``background check crime'' means an abuse
crime, murder, manslaughter, aggravated assault, kidnapping,
arson, sexual assault, domestic violence, incest, indecent
exposure, prostitution, promotion of prostitution, burglary,
robbery, embezzlement, larceny, fraud, and a felony offense
involving the use or distribution of a controlled substance;
(5) the term ``child'' means a person who is a child for
purposes of the criminal child abuse law of a State;
(6) the term ``child abuse'' means the physical or mental
injury, sexual abuse or exploitation, neglectful treatment,
negligent treatment, or maltreatment of a child by any person
in violation of the criminal child abuse laws of a State, but
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;
(7) the term ``child abuse crime'' means a crime committed
under any law of a State that establishes criminal penalties
for the commission of child abuse by a parent or other family
member of a child or by any other person;
(8) the term ``care'' means the provision of care,
treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with
disabilities;
(9) the term ``domestic violence'' means a felony or
misdemeanor involving the use or threatened use of force by--
(A) a present or former spouse of the victim;
(B) a person with whom the victim shares a child in
common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
(D) any person defined as a spouse of the victim
under the domestic or family violence laws of a State;
(10) the term ``elderly'' means a person who is sixty-five
years old or older.
(11) the term ``exploitation'' means child pornography and
child prostitution;
(12) the term ``mental injury'' means harm to a person's
psychological or intellectual functioning, which may be
exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior, or a combination of those behaviors or by
a change in behavior, emotional response, or cognition;
(13) the term ``national criminal background check system''
means the system maintained by the Federal Bureau of
Investigation based on fingerprint identification or any other
method of positive identification;
(14) the term ``negligent treatment'' means the failure to
provide, for a reason other than poverty, adequate food,
clothing, shelter, or medical care so as to seriously endanger
the physical health of a child, elderly person, or individual
with disabilities;
(15) the term ``individual with a disability'' means an
individual with a disability (as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12102(21)));
(16) the term ``physical injury'' includes lacerations,
fractured bones, burns, internal injuries, severe bruising, and
serious bodily harm;
(17) the term ``provider'' means--
(A) a person who--
(i) is employed by or volunteers with a
qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsupervised
access to a person to whom the qualified entity
provides care; and
(B) a person who--
(i) seeks to be employed by or volunteer
with a qualified entity;
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have
unsupervised access to a to whom the qualified
entity provides care;
(18) the term ``qualified entity'' means a business or
organization, whether public, private, for-profit, not-for-
profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or
certifies others to provide care or care placement services;
(19) the term ``sex crime'' means an act of sexual abuse
that is a criminal act;
(20) 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
explicit conduct or the rape, molestation, prostitution, or
other form of sexual exploitation of children or incest with
children; and
(21) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands, Guam, and the Trust Territories of the Pacific.
SEC. 814. REPORTING BY THE STATES.
(a) In General.--An authorized criminal justice agency of a State
shall report child abuse crime information to, or index child abuse
crime information in, the national criminal background check system.
(b) Provision of State Child Abuse Crime Records Through the
National Criminal Background Check System.--(1) Not later than 180 days
after the date of enactment of this Act, the Attorney General shall,
subject to the availability of appropriations--
(A) investigate the criminal records of each State and
determine for each State a timetable by which the State should
be able to provide child abuse crime records on an on-line
capacity basis through the national criminal background check
system;
(B) establish guidelines for the reporting or indexing of
child abuse crime information, including guidelines relating to
the format, content, and accuracy of child abuse crime
information and other procedures for carrying out this Act; and
(C) notify each State of the determinations made pursuant
to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of the State
timetable that the State--
(A) achieve, by not later than the date that is 3 years
after the date of enactment of this Act, at least 80 percent
currency of final case dispositions in computerized criminal
history files for all identifiable child abuse crime cases in
which there has been an event of activity within the last 5
years;
(B) continue to maintain at least 80 percent currency of
final case dispositions in all identifiable child abuse crime
cases in which there has been an event of activity within the
preceding 5 years; and
(C) take steps to achieve full disposition reporting,
including data quality audits and periodic notices to criminal
justice agencies identifying records that lack final
dispositions and requesting those dispositions.
(c) Liaison.--An authorized agency of a State shall maintain close
liaison with the National Center on Child Abuse and Neglect, the
National Center for Missing and Exploited Children, and the National
Center for the Prosecution of Child Abuse for the exchange of technical
assistance in cases of child abuse.
(d) Annual Summary.--(1) The Attorney General shall publish an
annual statistical summary of the child abuse crime information
reported under this subtitle.
(2) The annual statistical summary described in paragraph (1) shall
not contain any information that may reveal the identity of any
particular victim or alleged violator.
(e) Annual Report.--The Attorney General shall publish an annual
summary of each State's progress in reporting child abuse crime
information to the national criminal background check system.
(f) Study of Child Abuse Offenders.--(1) Not later than 180 days
after the date of enactment of this Act, the Administrator of the
Office of Juvenile Justice and Delinquency Prevention shall begin a
study based on a statistically significant sample of convicted child
abuse offenders and other relevant information to determine--
(A) the percentage of convicted child abuse offenders who
have more than 1 conviction for an offense involving child
abuse;
(B) the percentage of convicted child abuse offenders who
have been convicted of an offense involving child abuse in more
than 1 State;
(C) whether there are crimes or classes of crimes, in
addition to those defined as background check crimes in section
3, that are indicative of a potential to abuse children; and
(D) the extent to which and the manner in which instances
of child abuse form a basis for convictions for crimes other
than child abuse crimes.
(2) Not later than 1 year after the date of enactment of this Act,
the Administrator shall submit a report to the Chairman of the
Committee on the Judiciary of the Senate and the Chairman of the
Committee on the Judiciary of the House of Representatives containing a
description of and a summary of the results of the study conducted
pursuant to paragraph (1).
SEC. 815. BACKGROUND CHECKS.
(a) In General.--(1) A State may have in effect procedures
(established by or under State statute or regulation) to permit a
qualified entity to contact an authorized agency of the State to
request a nationwide background check for the purpose of determining
whether there is a report that a provider is under indictment for, or
has been convicted of, a background check crime.
(2) The authorized agency shall access and review State and Federal
records of background check crimes through the national criminal
background check system and shall respond promptly to the inquiry.
(b) Guidelines.--(1) The Attorney General shall establish
guidelines for State background check procedures established under
subsection (a), which guidelines shall include the requirements and
protections of this subtitle.
(2) The guidelines established under paragraph (1) shall require--
(A) that no qualified entity may request a background check
of a provider under subsection (a) unless the provider first
completes and signs a statement that--
(i) contains the name, address, and date of birth
appearing on a valid identification document (as
defined by section 1028(d)(1) of title 18, United
States Code) of the provider;
(ii) the provider is not under indictment for, and
has not been convicted of, a background check crime
and, if the provider is under indictment for or has
been convicted of a background check crime, contains a
description of the crime and the particulars of the
indictment or conviction;
(iii) notifies the provider that the entity may
request a background check under subsection (a);
(iv) notifies the provider of the provider's rights
under subparagraph (B); and
(v) notifies the provider that prior to the receipt
of the background check the qualified entity may choose
to deny the provider unsupervised access to a person to
whom the qualified entity provides care;
(B) that each State establish procedures under which a
provider who is the subject of a background check under
subsection (a) is entitled--
(i) to obtain a copy of any background check report
and any record that forms the basis for any such
report; and
(ii) to challenge the accuracy and completeness of
any information contained in any such report or record
and obtain a prompt determination from an authorized
agency as to the validity of such challenge;
(C) that an authorized agency to which a qualified entity
has provided notice pursuant to subsection (a) make reasonable
efforts to complete research in whatever State and local
recordkeeping systems are available and in the national
criminal background check system and respond to the qualified
entity within 15 business days;
(D) that the response of an authorized agency to an inquiry
pursuant to subsection (a) inform the qualified entity that the
background check pursuant to this section--
(i) may not reflect all indictments or convictions
for a background check crime; and
(ii) may not be the sole basis for determining the
fitness of a provider;
(E) that the response of an authorized agency to an inquiry
pursuant to subsection (a) be limited to the conviction or
pending indictment information reasonably required to
accomplish the purposes of this Act;
(F) that the qualified entity may choose to deny the
provider unsupervised access to a person to whom the qualified
entity provides care on the basis of a background check under
subsection (a) until the provider has obtained a determination
as to the validity of any challenge under subparagraph (B) or
waived the right to make such challenge;
(G) that each State establish procedures to ensure that any
background check under subsection (a) and the results thereof
shall be requested by and provided only to--
(i) qualified entities identified by States;
(ii) authorized representatives of a qualified
entity who have a need to know such information;
(iii) the provider who is the subject of a
background check;
(iv) law enforcement authorities; or
(v) pursuant to the direction of a court of law;
(H) that background check information conveyed to a
qualified entity pursuant to subsection (a) shall not be
conveyed to any person except as provided under subparagraph
(G);
(I) that an authorized agency shall not be liable in an
action at law for damages for failure to prevent a qualified
entity from taking action adverse to a provider on the basis of
a background check;
(J) that a State employee or a political subdivision of a
State or employee thereof responsible for providing information
to the national criminal background check system shall not be
liable in an action at law for damages for failure to prevent a
qualified entity from taking action adverse to a provider on
the basis a background check; and
(K) that a State or Federal provider of criminal history
records, and any employee thereof, shall not be liable in an
action at law for damages for failure to prevent a qualified
entity from taking action adverse to a provider on the basis of
a criminal background check, or due to a criminal history
record's being incomplete.
(c) Equivalent Procedures.--(1) Notwithstanding anything to the
contrary in this section, the Attorney General may certify that a State
licensing or certification procedure that differs from the procedures
described in subsections (a) and (b) shall be deemed to be the
equivalent of such procedures for purposes of this Act, but the
procedures described in subsections (a) and (b) shall continue to apply
to those qualified entities, providers, and background check crimes
that are not governed by or included within the State licensing or
certification procedure.
(2) The Attorney General shall by regulation establish criteria for
certifications under this subsection. Such criteria shall include a
finding by the Attorney General that the State licensing or
certification procedure accomplishes the purposes of this Act and
incorporates a nationwide review of State and Federal records of
background check offenses through the national criminal background
check system.
(d) Regulations.--(1) The Attorney General may by regulation
prescribe such other measures as may be required to carry out the
purposes of this Act, including measures relating to the security,
confidentiality, accuracy, use, misuse, and dissemination of
information, and audits and recordkeeping.
(2) The Attorney General shall, to the maximum extent possible,
encourage the use of the best technology available in conducting
background checks.
SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
(a) Use of Formula Grants for Improvements in State Records and
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3759(b)) is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) in paragraph (3) by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the improvement of State record systems and the
sharing of all of the records described in paragraphs (1), (2),
and (3) and the records required by the Attorney General under
section 914 of the National Child, Elderly, and Individuals
with Disabilities Protection Act of 1993 with the Attorney
General for the purpose of implementing the National Child,
Elderly, and Individuals with Disabilities Protection Act of
1993, and the information and records referred to in section
406 of the Indian Child Protection and Family Violence
Prevention Act.''.
(b) Additional Funding Grants for the Improvement of Child Abuse
Crime Information.--(1) The Attorney General shall, subject to
appropriations and with preference to States that as of the date of
enactment of this Act have the lowest percent currency of case
dispositions in computerized criminal history files, make a grant to
each State to be used--
(A) for the computerization of criminal history files for
the purposes of this subtitle;
(B) for the improvement of existing computerized criminal
history files for the purposes of this subtitle;
(C) to improve accessibility to the national criminal
background check system for the purposes of this subtitle; and
(D) to assist the State in the transmittal of criminal
records to, or the indexing of criminal history record in, the
national criminal background check system for the purposes of
this subtitle.
(2) There are authorized to be appropriated for grants under
paragraph (1) a total of $40,000,000 for fiscal years 1995, 1996, and
1997.
(c) Withholding State Funds.--Effective 1 year after the date of
enactment of this Act, the Attorney General may reduce by up to 10
percent the allocation to a State for a fiscal year under title I of
the Omnibus Crime Control and Safe Streets Act of 1968 of a State that
is not in compliance with the timetable established for that State
under section 914 of this Act.
Subtitle C--Crimes Against Children
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``Jacob Wetterling Crimes Against
Children Registration Act''.
SEC. 822. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs requiring any person who is
convicted of a criminal offense against a victim who is a minor
to register a current address with a designated State law
enforcement agency for 10 years after release from prison,
being placed on parole, or being placed on supervised release.
(2) Definition.--For purposes of this subsection, the term
``criminal offense against a victim who is a minor'' includes--
(A) kidnapping of a minor, except by a noncustodial
parent;
(B) false imprisonment of a minor, except by a
noncustodial parent;
(C) criminal sexual conduct toward a minor;
(D) solicitation of minors to engage in sexual
conduct;
(E) use of minors in a sexual performance; or
(F) solicitation of minors to practice
prostitution.
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--An approved State registration program established by this
section shall contain the following requirements:
(1) Notification.--If a person who is required to register
under this section is released from prison, paroled, or placed
on supervised release, a State prison officer shall--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within 10 days;
(C) obtain fingerprints and a photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(2) Transfer of information to state and the fbi.--The
officer shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency shall
immediately enter the information into the appropriate State
law enforcement record system and notify the appropriate law
enforcement agency having jurisdiction where the person expects
to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to
the Identification Division of the Federal Bureau of
Investigation.
(3) Annual verification.--On each anniversary of a person's
initial registration date during the period in which the person
is required to register under this section, the designated
State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.
The person shall mail the verification form to the officer
within 10 days after receipt of the form. The verification form
shall be signed by the person, and state that the person still
resides at the address last reported to the designated State
law enforcement agency. If the person fails to mail the
verification form to the designated State law enforcement
agency within 10 days after receipt of the form, the person
shall be in violation of this section unless the person proves
that the person has not changed his or her residence address.
(4) Notification of local law enforcement agencies of
changes in address.--Any change of address by a person required
to register under this section reported to the designated State
law enforcement agency shall immediately be reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing.
(c) Registration for 10 Years.--A person required to register under
this section shall continue to comply with this section until 10 years
have elapsed since the person was released from imprisonment, or placed
on parole or supervised release.
(d) Penalty.--A person required to register under a State program
established pursuant to this section who knowingly fails to so register
and keep such registration current shall be subject to criminal
penalties in such State. It is the sense of Congress that such
penalties should include at least 6 months imprisonment.
(e) Private Data.--The information provided under this section is
private data on individuals and may be used for law enforcement
purposes and confidential background checks conducted with fingerprints
by a designated State law enforcement agency for child care services
providers.
SEC. 823. STATE COMPLIANCE.
(a) Compliance Date.--Each State shall have 3 years from the date
of enactment of this Act in which to implement the provisions of this
subtitle.
(b) Ineligibility for Funds.--The allocation of funds under section
506 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756) received by a State not complying with this
subtitle 3 years after the date of enactment of this Act shall be
reduced by 10 percent and the unallocated funds shall be reallocated to
the States in compliance with this section.
Subtitle D--Child Pornography
SEC. 824. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.
(a) Import Related Offense.--Chapter 110 of title 18, United States
Code, is amended by adding at the end the following new section:
``Sec. 2258. Production of sexually explicit depictions of a minor for
importation into the United States
``(a) Use of Minor.--A person who, outside the United States,
employs, uses, persuades, induces, entices, or coerces any minor to
engage in, or who has a minor assist any other person to engage in, or
who transports any minor with the intent that the minor engage in any
sexually explicit conduct for the purpose of producing any visual
depiction of such conduct, intending that the visual depiction will be
imported into the United States or into waters within 12 miles of the
coast of the United States, shall be punished as provided in subsection
(c).
``(b) Use of Visual Depiction.--A person who, outside the United
States, knowingly receives, transports, ships, distributes, sells, or
possesses with intent to transport, ship, sell, or distribute any
visual depiction of a minor engaging in sexually explicit conduct (if
the production of the visual depiction involved the use of a minor
engaging in sexually explicit conduct), intending that the visual
depiction will be imported into the United States or into waters within
a distance of 12 miles of the coast of the United States, shall be
punished as provided in subsection (c).
``(c) Penalties.--A person who violates subsection (a) or (b), or
conspires or attempts to do so--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if the person has a prior conviction under this
chapter or chapter 109A, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The chapter analysis for chapter 110
of title 18, United States Code, is amended by adding at the
end the following new item:
``2258. Production of sexually explicit depictions of a minor for
importation into the United States.''.
(2) Fine provisions.--Section 2251(d) of title 18, United
States Code, is amended--
(A) by striking ``not more than $100,000, or'' and
inserting ``under this title,'';
(B) by striking ``not more than $200,000, or'' and
inserting ``under this title,''; and
(C) by striking ``not more than $250,000'' and
inserting ``under this title''.
(c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18,
United States Code, is amended by striking ``this section'' the second
place it appears and inserting ``this chapter or chapter 109A''.
(d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title
18, United States Code, is amended by striking ``this section'' and
inserting ``this chapter or chapter 109A''.
(e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title
18, United States Code, are each amended by inserting ``, or attempts
or conspires to violate,'' after ``violates'' each place it appears.
(f) RICO Amendment.--Section 1961(l) of title 18, United States
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252,
and 2258''.
(g) Transportation of Minors.--Section 2423 of title 18, United
States Code, is amended--
(1) by striking ``(a) Whoever'' and inserting ``(a)
Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who''; and
(2) by adding at the end the following new subsection:
``(b) Travel With Intent To Engage in Sexual Act With a Juvenile.--
A person who travels in interstate commerce, or conspires to do so, or
a United States citizen or an alien admitted for permanent residence in
the United States who travels in foreign commerce, or conspires to do
so, for the purpose of engaging in any sexual act (as defined in
section 2245) with a person under 18 years of age that would be in
violation of chapter 109A if the sexual act occurred in the special
maritime and territorial jurisdiction of the United States shall be
fined under this title, imprisoned not more than 10 years, or both.''.
SEC. 825. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING
CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has not yet
done so should enact legislation prohibiting the production,
distribution, receipt, or simple possession of materials depicting a
person under 18 years of age engaging in sexually explicit conduct (as
defined in section 2256 of title 18, United States Code) and providing
for a maximum imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from, such
offenses.
Subtitle E--Rules of Evidence, Practice and Procedure
SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX OFFENSE
CASES.
The Federal Rules of Evidence are amended by adding after Rule 412
the following new rules:
``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
``(a) In a criminal case in which the defendant is accused of an
offense of sexual assault, evidence of the defendant's commission of
another offense or offenses of sexual assault is admissible, and may be
considered for its bearing on any matter to which it is relevant.
``(b) In a case in which the Government intends to offer evidence
under this rule, the attorney for the Government shall disclose the
evidence to the defendant, including statements of witnesses or a
summary of the substance of any testimony that is expected to be
offered, at least fifteen days before the scheduled date of trial or at
such later time as the court may allow for good cause.
``(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
``(d) For purposes of this rule and Rule 415, ``offense of sexual
assault'' means a crime under Federal law or the law of a State (as
defined in section 513 of title 18, United States Code) that involved--
``(1) any conduct proscribed by chapter 109A of title 18,
United States Code;
``(2) contact, without consent, between any part of the
defendant's body or an object and the genitals or anus of
another person;
``(3) contact, without consent, between the genitals or
anus of the defendant and any part of another person's body;
``(4) deriving sexual pleasure or gratification from the
infliction of death, bodily injury, or physical pain on another
person; or
``(5) an attempt or conspiracy to engage in conduct
described in paragraphs (1)-(4).
``Rule 414. Evidence of Similar Crimes in Child Molestation Cases
``(a) In a criminal case in which the defendant is accused of an
offense of child molestation, evidence of the defendant's commission of
another offense or offenses of child molestation is admissible, and may
be considered for its bearing on any matter to which it is relevant.
``(b) In a case in which the Government intends to offer evidence
under this rule, the attorney for the Government shall disclose the
evidence to the defendant, including statements of witnesses or a
summary of the substance of any testimony that is expected to be
offered, at least fifteen days before the scheduled date of trial or at
such later time as the court may allow for good cause.
``(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
``(d) For purposes of this rule and Rule 415, ``child'' means a
person below the age of fourteen, and ``offense of child molestation''
means a crime under Federal law or the law of a State (as defined in
section 513 of title 18, United States Code) that involved--
``(1) any conduct proscribed by chapter 109A of title 18,
United States Code, that was committed in relation to a child;
``(2) any conduct proscribed by chapter 110 of title 18,
United States Code;
``(3) contact between any part of the defendant's body or
an object and the genitals or anus of a child;
``(4) contact between the genitals or anus of the defendant
and any part of the body of a child;
``(5) deriving sexual pleasure or gratification from the
infliction of death, bodily injury, or physical pain on a
child; or
``(6) an attempt or conspiracy to engage in conduct
described in paragraphs (1)-(5).
``Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual
Assault or Child Molestation
``(a) In a civil case in which a claim for damages or other relief
is predicated on a party's alleged commission of conduct constituting
an offense of sexual assault or child molestation, evidence of that
party's commission of another offense or offenses of sexual assault or
child molestation is admissible and may be considered as provided in
Rule 413 and Rule 414 of these rules.
``(b) A party who intends to offer evidence under this Rule shall
disclose the evidence to the party against whom it will be offered,
including statements of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen days before
the scheduled date of trial or at such later time as the court may
allow for good cause.
``(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.''
Subtitle F--Sexually Violent Predators
SEC. 841. SHORT TITLE.
This subtitle may be cited as the ``Sexually Violent Predators
Act''.
SEC. 842. FINDINGS.
Congress finds that--
(1) there exists a small but extremely dangerous group of
sexually violent persons who do not have a mental disease or
defect;
(2) persons who are sexually violent predators generally
have antisocial personality features that--
(A) are not amenable to mental illness treatment
modalities in existence on the date of enactment of
this Act; and
(B) render the persons likely to engage in sexually
violent behavior;
(3) the likelihood that sexually violent predators will
repeat acts of predatory sexual violence is high; and
(4) the prognosis for curing sexually violent predators is
poor and the treatment needs of the population of the predators
are very long-term.
SEC. 843. DEFINITIONS.
As used in this subtitle:
(1) Mental abnormality.--The term ``mental abnormality''
means a congenital or acquired condition of a person that
affects the emotional or volitional capacity of the person in a
manner that predisposes the person to the commission of
criminal sexual acts to a degree that makes the person a menace
to the health and safety of other persons.
(2) Predatory.--The term ``predatory'', with respect to an
act, means an act directed towards a stranger, or a person with
whom a relationship has been established or promoted, for the
primary purpose of victimization.
(3) Sexually violent offense.--The term ``sexually violent
offense'' means an act that is a violation of title 18, United
States Code or State criminal code that--
(A) involves the use or attempted or threatened use
of physical force against the person or property of
another person; and
(B) is determined beyond a reasonable doubt to be
sexually motivated.
(4) Sexually violent predator.--The term ``sexually violent
predator'' means a person who has been convicted of a sexually
violent offense and who suffers from a mental abnormality or
personality disorder that makes the person likely to engage in
predatory sexually violent offenses.
SEC. 844. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--In accordance with this section, the
Attorney General shall establish guidelines for State programs
to require a sexually violent predator to register a current
address with a designated State law enforcement agency upon
release from prison, being placed on parole, or being placed on
supervised release. The Attorney General shall approve each
State program that complies with the guidelines.
(2) State compliance.--
(A) Implementation date.--A State that does not
implement a program described in paragraph (1) by the
date that is 3 years after the date of enactment of
this Act, and maintain the implementation thereafter,
shall be ineligible for funds in accordance with
subparagraph (B).
(B) Ineligibility for funds.--
(i) In general.--A State that does not
implement the program as described in
subparagraph (A) shall not receive 10 percent
of the funds that would otherwise be allocated
to the State under section 506 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756).
(ii) Reallocation of funds.--Funds made
available under clause (i) shall be
reallocated, in accordance with such section,
to such States as implement the program as
described in subparagraph (A).
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--
(1) In general.--An approved State program established in
accordance with this section shall contain the requirements
described in this section.
(2) Determination.--The determination that a person is a
``sexually violent predator'' and the determination that a
person is no longer a ``sexually violent predator'' shall be
made by the sentencing court after receiving a report by a
board of experts on sexual offenses. Each State shall establish
a board composed of experts in the field of the behavior and
treatment of sexual offenders.
(3) Notification.--If a person who is required to register
under this section is anticipated to be released from prison,
paroled, or placed on supervised release, a State prison
officer shall, not later than 90 days before the anticipated
date of the release or commencement of the parole--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing not later than 10 days after the change of
address;
(C) obtain the name of the person, identifying
factors, anticipated future residence, offense history,
and documentation of any treatment received for the
mental abnormality or personality disorder of the
person; and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(4) Transfer of information to state and the fbi.--Not
later than 3 days after the receipt of the information
described in paragraph (2), the officer shall forward the
information to a designated State law enforcement agency. As
soon as practicable after the receipt of the information by the
State law enforcement agency, the agency shall--
(A) enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency that has
jurisdiction over the area in which the person expects
to reside; and
(B) transmit the information to the Identification
Division of the Federal Bureau of Investigation.
(5) Quarterly verification.--
(A) Mailing to person.--Not less than every 90 days
after the date of the release or commencement of parole
of a person under paragraph (2), the designated State
law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the
person.
(B) Return of verification form.--
(i) In general.--The person shall return,
by mail, the verification form to the agency
not later than 10 days after the receipt of the
form. The verification form shall be signed by
the person, and shall state that the person
continues to reside at the address last
reported to the designated State law
enforcement agency.
(ii) Failure to return.--If the person
fails to mail the verification form to the
designated State law enforcement agency by the
date that is 10 days after the receipt of the
form by the person, the person shall be in
violation of this section unless the person
proves that the person has not changed the
residence address of the person.
(6) Notification of local law enforcement agencies of
changes in addresses.--Any change of address by a person
required to register under this section that is reported to the
designated State law enforcement agency shall as soon as
practicable be reported to the appropriate law enforcement
agency that has jurisdiction over the area in which the person
is residing.
(7) Penalty.--A person required to register under a State
program established pursuant to this section who knowingly
fails to register and keep the registration current shall be
subject to criminal penalties in the State. It is the sense of
Congress that the penalties should include imprisonment for not
less than 180 days.
(8) Termination of obligation to register.--The obligation
of a person to register under this section shall terminate on a
determination made in accordance with the provision of
paragraph (2) of this section that the person no longer suffers
from a mental abnormality or personality disorder that would
make the person likely to engage in a predatory sexually
violent offense.
(c) Community Notification.--The designated State law enforcement
agency may release relevant information that is necessary to protect
the public concerning a specific sexually violent predator required to
register under this section.
(d) Immunity for Good Faith Conduct.--Law enforcement agencies,
employees of law enforcement agencies, and State officials shall be
immune from liability for any good faith conduct under this section.
TITLE IX--CRIME VICTIMS
Subtitle A--Victims' Rights
SEC. 901. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure is amended by--
(1) striking ``and'' following the semicolon in subdivision
(a)(1)(B);
(2) striking the period at the end of subdivision (a)(1)(C)
and inserting in lieu thereof ``; and'';
(3) inserting after subdivision (a)(1)(C) the following:
``(D) if sentence is to be imposed for a crime of
violence or sexual abuse, address the victim personally
if the victim is present at the sentencing hearing and
determine if the victim wishes to make a statement and
to present any information in relation to the
sentence.'';
(4) in the second to last sentence of subdivision (a)(1),
striking ``equivalent opportunity'' and inserting in lieu
thereof ``opportunity equivalent to that of the defendant's
counsel'';
(5) in the last sentence of subdivision (a)(1) inserting
``the victim,'' before ``or the attorney for the Government.'';
and
(6) adding at the end the following:
``(f) Definitions.--For purposes of this rule--
``(1) `victim' means any individual against whom an offense
for which a sentence is to be imposed has been committed, but
the right of allocution under subdivision (a)(1)(D) may be
exercised instead by--
``(A) a parent or legal guardian in case the victim
is below the age of eighteen years or incompetent; or
``(B) one or more family members or relatives
designated by the court in case the victim is deceased
or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present; and
``(2) `crime of violence or sexual abuse' means a crime
that involved the use or attempted or threatened use of
physical force against the person or property of another, or a
crime under chapter 109A of title 18, United States Code.''.
SEC. 902. MANDATORY RESTITUTION AND OTHER PROVISIONS.
(a) Order of Restitution.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``may order'' and inserting ``shall
order''; and
(B) by adding at the end the following new
paragraph:
``(4) In addition to ordering restitution of the victim of the
offense of which a defendant is convicted, a court may order
restitution of any person who, as shown by a preponderance of evidence,
was harmed physically, emotionally, or pecuniarily, by unlawful conduct
of the defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern of
unlawful activity related to the offense.'';
(2) in subsection (b)(1)(A) by striking ``impractical'' and
inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional or''
after ``resulting in'';
(4) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(4) in any case, reimburse the victim for necessary child
care, transportation, and other expenses related to
participation in the investigation or prosecution of the
offense or attendance at proceedings related to the offense;
and''.
(5) in subsection (c) by striking ``If the Court decides to
order restitution under this section, the'' and inserting
``The'';
(6) by striking subsections (d), (e), (f), (g), and (h);
and
(7) by adding at the end the following new subsections:
``(d)(1) The court shall order restitution to a victim in the full
amount of the victim's losses as determined by the court and without
consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall specify in the restitution order the manner in
which and the schedule according to which the restitution is to be
paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the offender;
and
``(C) any financial obligations of the offender, including
obligations to dependents.
``(3) A restoration order may direct the offender to make a single,
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person or
organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
``(f) When the court finds that more than 1 victim has sustained a
loss requiring restitution by an offender, the court shall order full
restitution of each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
``(g)(1) If the victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other source,
the court shall order that restitution be paid to the person who
provided or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of victims
required by the order be paid to the victims before any restitution is
paid to such a provider of compensation.
``(2) The issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually received
by the victim under the restitution order fully compensate the victim
for the loss, at which time a person that has provided compensation to
the victim shall be entitled to receive any payments remaining to be
paid under the restitution order.
``(3) Any amount paid to a victim under an order of restitution
shall be set off against any amount later recovered as compensatory
damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution payments and
other forms of transfers of money or property made pursuant to
the sentence of the court shall be made by the offender to an
entity designated by the Director of the Administrative Office
of the United States Courts for accounting and payment by the
entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
``(A) log all transfers in a manner that tracks the
offender's obligations and the current status in
meeting those obligations, unless, after efforts have
been made to enforce the restitution order and it
appears that compliance cannot be obtained, the court
determines that continued recordkeeping under this
subparagraph would not be useful;
``(B) notify the court and the interested parties
when an offender is 90 days in arrears in meeting those
obligations; and
``(3) the offender shall advise the entity designated by
the Director of the Administrative Office of the United States
Courts of any change in the offender's address during the term
of the restitution order.
``(i) A restitution order shall constitute a lien against all
property of the offender and may be recorded in any Federal or State
office for the recording of liens against real or personal property.
``(j) Compliance with the schedule of payment and other terms of a
restitution order shall be a condition of any probation, parole, or
other form of release of an offender. If a defendant fails to comply
with a restitution order, the court may revoke probation or a term of
supervised release, modify the term or conditions of probation or a
term of supervised release, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of property of
the defendant, accept a performance bond, or take any other action
necessary to obtain compliance with the restitution order. In
determining what action to take, the court shall consider the
defendant's employment status, earning ability, financial resources,
the willfulness in failing to comply with the restitution order, and
any other circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the collection and
payment of fines in subchapter (B) of chapter 229 of
this title; or
``(B) in the same manner as a judgment in a civil
action; and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a civil
action.
``(l) A victim or the offender may petition the court at any time
to modify a restitution order as appropriate in view of a change in the
economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section 3664 of
title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the court to
obtain information pertaining to the amount of loss sustained by any
victim as a result of the offense, the financial resources of the
defendant, the financial needs and earning ability of the defendant and
the defendant's dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include the
information collected in the report of presentence investigation or in
a separate report, as the court directs.''; and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.''.
SEC. 903. SENSE OF THE CONGRESS CONCERNING THE RIGHT OF A VICTIM OF A
VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S
SENTENCING HEARING AND ANY PAROLE HEARING.
It is the sense of the Congress that--
(1) the law of a State should provide for a victim's right
of allocution at a sentencing hearing and at any parole hearing
if the offender has been convicted of a crime of violence or
sexual abuse;
(2) such a victim should have an opportunity equivalent to
the opportunity accorded to the offender's counsel to address
the sentencing court or parole board and to present information
in relation to the sentence imposed or to the early release of
the offender; and
(3) if the victim is not able to or chooses not to testify
at a sentencing hearing or parole hearing, the victim's
parents, legal guardian, or family members should have the
right to address the court or board.
Subtitle B--Crime Victims' Fund
SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.
Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(C) 1 percent shall be available for grants under
section 1404(c); and
``(D) 4.5 percent shall be available for grants as
provided in section 1404A.''.
SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL
PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
is amended by adding at the end the following:
``(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensation program
would cover costs that a Federal program, or a federally financed State
or local program, would otherwise pay, then--
``(1) such crime victim compensation program shall not pay
that compensation; and
``(2) the other program shall make its payments without
regard to the existence of the crime victim compensation
program.''.
SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
(a) Creation of Exception.--The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1))
is amended by striking ``A grant'' and inserting ``Except as provided
in paragraph (3), a grant''.
(b) Requirements of Exception.--Section 1403(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end
the following new paragraph:
``(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime
victim compensation program receiving the grant.''.
SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.
Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(a)(1)) is amended--
(1) by striking ``or for the purpose of grants under
section 1403 but not used for that purpose''; and
(2) by adding at the end the following:
``The Director, in the Director's discretion, may use amounts made
available under section 1402(d)(2) for the purposes of grants under
section 1403 but not used for that purpose, for grants under this
subsection, either in the year such amounts are not so used, or the
next year.''.
SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects
and'' before ``training''.
SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) Creation of Exception.--Section 1404(b)(2) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An
eligible'' and inserting ``Except as provided in paragraph (3), an
eligible''.
(b) Requirements of Exception.--Section 1404(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end
the following new subsection:
``(3) Not more than 5 percent of sums received under
subsection (a) may be used for the administration of the State
crime victim assistance program receiving such sums.''.
SEC. 917. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604)
is amended by adding at the end the following new subsection:
``(h) Each entity receiving sums made available under this Act for
administrative purposes shall certify that such sums will not be used
to supplant State or local funds, but will be used to increase the
amount of such funds that would, in the absence of Federal funds, be
made available for these purposes.''.
Subtitle C--Senior Citizens
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ``National Triad Program Act''.
SEC. 922. FINDINGS.
The Congress finds that--
(1) senior citizens are among the most rapidly growing
segments of our society;
(2) currently, senior citizens comprise 15 percent of our
society, and predictions are that by the turn of the century
they will constitute 18 percent of our Nation's population;
(3) senior citizens find themselves uniquely situated in
our society, environmentally and physically;
(4) many senior citizens are experiencing increased social
isolation due to fragmented and distant familial relations,
scattered associations, limited access to transportation, and
other insulating factors;
(5) physical conditions such as hearing loss, poor
eyesight, lessened agility, and chronic and debilitating
illnesses often contribute to an older person's susceptibility
to criminal victimization;
(6) senior citizens are too frequently the victims of abuse
and neglect, violent crime, property crime, consumer fraud,
medical quackery, and confidence games;
(7) studies have found that senior citizens that are
victims of violent crime are more likely to be injured and
require medical attention than are younger victims;
(8) victimization data on crimes against senior citizens
are incomplete and out of date, and data sources are partial,
scattered, and not easily obtained;
(9) although a few studies have attempted to define and
estimate the extent of abuse and neglect of senior citizens,
both in their homes and in institutional settings, many experts
believe that this crime is substantially underreported and
undetected;
(10) similarly, while some evidence suggests that senior
citizens may be targeted in a range of fraudulent schemes,
neither the Uniform Crime Report nor the National Crime Survey
collects data on individual- or household-level fraud;
(11) many law enforcement agencies do not have model
practices for responding to the criminal abuse of senior
citizens;
(12) law enforcement officers and social service providers
come from different disciplines and frequently bring different
perspectives to the problem of crimes against senior citizens;
(13) those differences, in turn, can contribute to
inconsistent approaches to the problem and inhibit a genuinely
effective response;
(14) there are, however, a few efforts currently under way
that seek to forge partnerships to coordinate criminal justice
and social service approaches to victimization of senior
citizens;
(15) the Triad program, sponsored by the National Sheriffs'
Association (NSA), the International Association of Chiefs of
Police (IACP), and the American Association of Retired Persons
(AARP), is one such effort; and
(16) recognizing that senior citizens have the same
fundamental desire as other members of our society to live
freely, without fear or restriction due to the criminal
element, the Federal Government should seek to expand efforts
to reduce crime against this growing and uniquely vulnerable
segment of our population.
SEC. 923. PURPOSES.
The purposes of this subtitle are--
(1) to support a coordinated effort among law enforcement
and social service agencies to stem the tide of violence
against senior citizens and support media and nonmedia
strategies aimed at increasing both public understanding of the
problem and the senior citizens' skills in preventing crime
against themselves and their property; and
(2) to address the problem of crime against senior citizens
in a systematic and effective manner by promoting and expanding
collaborative crime prevention programs, such as the Triad
model, that assist law enforcement agencies and senior citizens
in implementing specific strategies for crime prevention,
victim assistance, citizen involvement, and public education.
SEC. 924. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) In General.--The Director of the National Institute of Justice
shall, subject to the availability of appropriations, conduct a
qualitative and quantitative national assessment of--
(1) the nature and extent of crimes committed against
senior citizens and the effect of such crimes on the victims;
(2) the numbers, extent, and impact of violent crimes and
nonviolent crimes (such as frauds and ``scams'') against senior
citizens and the extent of unreported crime;
(3) the collaborative needs of law enforcement, health, and
social service organizations, focusing on prevention of crimes
against senior citizens, to identify, investigate, and provide
assistance to victims of those crimes; and
(4) the development and growth of strategies to respond
effectively to the matters described in paragraphs (1), (2),
and (3).
(b) Matters To Be Addressed.--The national assessment made pursuant
to subsection (a) shall address--
(1) the analysis and synthesis of data from a broad range
of sources in order to develop accurate information on the
nature and extent of crimes against senior citizens, including
identifying and conducting such survey and other data
collection efforts as are needed and designing a strategy to
keep such information current over time;
(2) institutional and community responses to elderly
victims of crime, focusing on the problems associated with fear
of victimization, abuse of senior citizens, and hard-to-reach
senior citizens who are in poor health, are living alone or
without family nearby, or living in high crime areas;
(3) special services and responses required by elderly
victims;
(4) whether the experience of senior citizens with some
service organizations differs markedly from that of younger
populations;
(5) the kinds of programs that have proven useful in
reducing victimization of senior citizens through crime
prevention activities and programs;
(6) the kinds of programs that contribute to successful
coordination among public sector agencies and community
organizations in reducing victimization of senior citizens; and
(7) the research agenda needed to develop a comprehensive
understanding of the problems of crimes against senior
citizens, including the changes that can be anticipated in the
crimes themselves and appropriate responses as the society
increasingly ages.
(c) Avoidance of Duplication.--In conducting the assessment under
subsection (a), the Director of the National Institute of Justice shall
draw upon the findings of existing studies and avoid duplication of
efforts that have previously been made.
(d) Dissemination.--Based on the results of the national assessment
and analysis of successful or promising strategies in dealing with the
problems described in subsection (b) and other problems, including
coalition efforts such as the Triad programs described in sections 922
and 923, the Director of the National Institute of Justice shall
disseminate the results through reports, publications, clearinghouse
services, public service announcements, and programs of evaluation,
demonstration, training, and technical assistance.
SEC. 925. PILOT PROGRAMS.
(a) Awards.--The Director of the Bureau of Justice Assistance
shall, subject to the availability of appropriations, make grants to
coalitions of local law enforcement agencies and senior citizens to
assist in the development of programs and execute field tests of
particularly promising strategies for crime prevention services and
related services based on the concepts of the Triad model, which can
then be evaluated and serve as the basis for further demonstration and
education programs.
(b) Triad Cooperative Model.--(1) Subject to paragraph (2), a pilot
program funded under this section shall consist of the Triad
cooperative model developed by the organizations described in section
922(15), which calls for the participation of the sheriff, at least 1
police chief, and a representative of at least 1 senior citizens'
organization within a county and may include participation by general
service coalitions of law enforcement, victim service, and senior
citizen advocate organizations.
(2) If there is not both a sheriff and a police chief in a county
or if the sheriff or a police chief do not participate, a pilot program
funded under this section shall include in the place of the sheriff or
police chief another key law enforcement official in the county such as
a local prosecutor.
(c) Application.--A coalition or Triad program that desires to
establish a pilot program under this section shall submit to the
Director of the Bureau of Justice Assistance an application that
includes--
(1) a description of the community and its senior citizen
population;
(2) assurances that Federal funds received under this part
shall be used to provide additional and appropriate education
and services to the community's senior citizens;
(3) a description of the extent of involvement of each
organizational component (chief, sheriff (or other law
enforcement official), and senior organization representative)
and focus of the Triad program;
(4) a comprehensive plan including--
(A) a description of the crime problems facing
senior citizens and need for expanded law enforcement
and victim assistance services;
(B) a description of the types of projects to be
developed or expanded;
(C) a plan for an evaluation of the results of
Triad endeavors;
(D) a description of the resources (including
matching funds, in-kind services, and other resources)
available in the community to implement the Triad
development or expansion;
(E) a description of the gaps that cannot be filled
with existing resources;
(F) an explanation of how the requested grant will
be used to fill those gaps; and
(G) a description of the means and methods the
applicant will use to reduce criminal victimization of
older persons; and
(5) funding requirements for implementing a comprehensive
plan.
(d) Distribution of Awards.--The Director of the Bureau of Justice
Assistance shall make awards--
(1) to 17 Triad programs in counties with a population of
less than 50,000;
(2) to 17 Triad programs in counties with a population of
at least 50,000 but less than 100,000; and
(3) to 16 Triad programs in counties with a population of
100,000 or more.
(e) Post-Grant Period Report.--A grant recipient under this section
shall, not later than 6 months after the conclusion of the grant
period, submit to the Director of the Bureau of Justice Assistance a
report that--
(1) describes the composition of organizations that
participated in the pilot program;
(2) identifies problem areas encountered during the course
of the pilot program;
(3) provides data comparing the types and frequency of
criminal activity before and after the grant period and the
effect of such criminal activity on senior citizens in the
community; and
(4) describes the grant recipient's plans and goals for
continuance of the Triad program after the grant period.
SEC. 926. TRAINING ASSISTANCE, EVALUATION, AND DISSEMINATION AWARDS.
In conjunction with the national assessment under section 924--
(1) the Director of the Bureau of Justice Assistance shall
make awards to organizations with demonstrated ability to
provide training and technical assistance in establishing crime
prevention programs based on the Triad model, for purposes of
aiding in the establishment and expansion of pilot programs
under this section; and
(2) the Director of the National Institute of Justice shall
make awards to research organizations, for the purposes of--
(A) evaluating the effectiveness of selected pilot
programs; and
(B) conducting the research and development
identified through the national assessment as being
critical; and
(3) the Director of the Bureau of Justice Assistance shall
make awards to public service advertising coalitions, for the
purposes of mounting a program of public service advertisements
to increase public awareness and understanding of the issues
surrounding crimes against senior citizens and promoting ideas
or programs to prevent them.
SEC. 927. REPORT.
The Director of the Bureau of Justice Assistance and the Director
of the National Institute of Justice shall submit to Congress an annual
report (which may be included with the report submitted under section
102(b) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3712(b)) describing the results of the pilot programs
conducted under section 925.
SEC. 928. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $2,000,000 to the Bureau of Justice Assistance for the
purpose of making Triad pilot program awards in that amount
under section 925;
(2) $1,000,000 to the Bureau of Justice Assistance for the
purpose of funding the national training and technical
assistance effort under sections 924 and 926;
(3) $1,000,000 to the Bureau of Justice Assistance for the
purpose of developing public service announcements under
sections 924 and 926;
(4) $2,000,000 to the National Institute of Justice for the
purposes of conducting the national assessment, evaluation
pilot programs, and carrying out the research agenda under
sections 924 and 926; and
(5) to the extent that funds are not otherwise available
for the purpose, such sums as are necessary to pay the
administrative costs of carrying out this subtitle.
TITLE X--STATE AND LOCAL LAW ENFORCEMENT
Subtitle A--DNA Identification
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ``DNA Identification Act of
1993''.
SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA
ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
(a) Drug Control and System Improvement Grant Program.--Section
501(b) of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended--
(1) by striking ``and'' at the end of paragraph (20);
(2) by striking the period at the end of paragraph (21) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(22) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (hereinafter in
this title referred to as `DNA') for identification
purposes.''.
(b) State Applications.--Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end the following new paragraph:
``(12) If any part of funds received from a grant made
under this part is to be used to develop or improve a DNA
analysis capability in a forensic laboratory, a certification
that--
``(A) DNA analyses performed at such laboratory
will satisfy or exceed then current standards for a
quality assurance program for DNA analysis, issued by
the Director of the Federal Bureau of Investigation
under section 1003 of the DNA Identification Act of
1993;
``(B) DNA samples obtained by, and DNA analyses
performed at, such laboratory will be accessible only--
``(i) to criminal justice agencies for law
enforcement identification purposes;
``(ii) in judicial proceedings, if
otherwise admissible pursuant to applicable
statutes or rules;
``(iii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
``(iv) if personally identifiable
information is removed, for a population
statistics database, for identification
research and protocol development purposes, or
for quality control purposes; and
``(C) such laboratory, and each analyst performing
DNA analyses at such laboratory, will undergo, at
regular intervals of not to exceed 180 days, external
proficiency testing by a DNA proficiency testing
program meeting the standards issued under section 1003
of the DNA Identification Act of 1993.''.
(c) DNA Identification Grants.--
(1) Part x.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by
section 2802(a), is amended--
(A) by redesignating part X as part Y,
(B) by redesignating section 2401 as section 2501;
and
(C) by inserting after part W the following new
part:
``PART X--DNA IDENTIFICATION GRANTS
``SEC. 2401. GRANT AUTHORIZATION.
``The Director may make funds available under this part to States
and units of local government, or combinations thereof, to carry out
all or a substantial part of a program or project intended to develop
or improve the capability to analyze deoxyribonucleic acid (referred to
in this part as ``DNA'') in a forensic laboratory.
``SEC. 2402. APPLICATIONS.
``To request a grant under this part, the chief executive officer
of a State or unit of local government shall submit an application in
such form as the Director may require.
``SEC. 2403. APPLICATION REQUIREMENTS.
``No grant may be made under this part unless an application has
been submitted to the Director in which the applicant certifies that--
``(1) DNA analyses performed at the laboratory will satisfy
or exceed then current standards for a quality assurance
program for DNA analysis issued by the Director of the Federal
Bureau of Investigation under section 1003 of the DNA
Identification Act of 1993.
``(2) DNA samples obtained by and DNA analyses performed at
the laboratory shall be made available only--
``(A) to criminal justice agencies for law
enforcement identification purposes;
``(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
``(C) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case in which
the defendant is charged; and
``(D) to others, if personally identifiable
information is removed, for a population statistics
database, for identification research and protocol
development purposes, or for quality control purposes;
and
``(3) the laboratory and each analyst performing DNA
analyses at the laboratory shall undergo, at regular intervals
not exceeding 180 days, external proficiency testing by a DNA
proficiency testing program that meets the standards issued
under section 1003 of the DNA Identification Act of 1993.
``SEC. 2404. ADMINISTRATIVE PROVISIONS.
``(a) Regulation Authority.--The Director may promulgate
guidelines, regulations, and procedures, as necessary to carry out the
purposes of this part, including limitations on the number of awards
made during each fiscal year, the submission and review of
applications, selection criteria, and the extension or continuation of
awards.
``(b) Award Authority.--The Director shall have final authority
over all funds awarded under this part.
``(c) Technical Assistance.--To assist and measure the
effectiveness and performance of programs and activities funded under
this part, the Director shall provide technical assistance as required.
``SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
``(a) Federal Share.--The Federal share of a grant, contract, or
cooperative agreement made under this part may not exceed 75 percent of
the total costs of the project described in the application submitted
for the fiscal year for which the project receives assistance.
``(b) Administrative Costs.--A State or unit of local government
may not use more than 10 percent of the funds it receives from this
part for administrative expenses.
``SEC. 2406. REPORTS.
``(a) Reports to Director.--Each State or unit of local government
which receives a grant under this part shall submit to the Director,
for each year in which funds from a grant received under this part is
expended, a report at such time and in such manner as the Director may
reasonably require which contains--
``(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting
the needs identified in the application submitted under section
2402; and
``(2) such other information as the Director may require.
``(b) Reports to Congress.--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--
``(1) the aggregate amount of grants made under this part
to each State or unit of local government for such fiscal year;
and
``(2) a summary of the information provided in compliance
with subsection (a)(1).
``SEC. 2407. EXPENDITURE RECORDS.
``(a) Records.--Each State or unit of local government which
receives a grant under this part shall keep records as the Director may
require to facilitate an effective audit.
``(b) Access.--The Director, the Comptroller General, or their
designated agents shall have access, for the purpose of audit and
examination, to any books, documents, and records of States and units
of local government which receive grants made under this part if, in
the opinion of the Director, the Comptroller General, or their
designated agents, such books, documents, and records are related to
the receipt or use of any such grant.''.
(2) Table of contents.--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 2802(c), is amended
by striking the matter relating to part W and inserting the
following:
``Part X--DNA Identification Grants
``Sec. 2401. Grant Authorization.
``Sec. 2402. Applications.
``Sec. 2403. Application requirements.
``Sec. 2404. Administrative provisions.
``Sec. 2405. Restrictions on use of funds.
``Sec. 2406. Reports.
``Sec. 2407. Expenditure records.
``Part Y--Transition; Effective Date; Repealer
``Sec. 2501. Continuation of rules, authorities, and proceedings.''.
(3) Authorization of appropriations.--Section 1001 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 2802(c), is amended--
(A) in paragraph (3) by striking ``and W'' and
inserting ``W, and X''; and
(B) adding at the end the following new paragraph:
``(18) There are authorized to be appropriated to carry out
part X $5,000,000 for each of fiscal years 1994, 1995, 1996,
1997, 1998, and 1999.''.
(4) Effective date.--The amendments made by this section
shall take effect on the date that is 60 days after the date of
enactment of this Act.
SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
(a) Publication of Quality Assurance and Proficiency Testing
Standards.--(1)(A) Not later than 180 days after the date of enactment
of this Act, the Director of the Federal Bureau of Investigation shall
appoint an advisory board on DNA quality assurance methods from among
nominations proposed by the head of the National Academy of Sciences
and professional societies of crime laboratory officials.
(B) The advisory board shall include as members scientists from
State, local, and private forensic laboratories, molecular geneticists
and population geneticists not affiliated with a forensic laboratory,
and a representative from the National Institute of Standards and
Technology.
(C) The advisory board shall develop, and if appropriate,
periodically revise, recommended standards for quality assurance,
including standards for testing the proficiency of forensic
laboratories, and forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after
taking into consideration such recommended standards, shall issue (and
revise from time to time) standards for quality assurance, including
standards for testing the proficiency of forensic laboratories, and
forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify
criteria for quality assurance and proficiency tests to be applied to
the various types of DNA analyses used by forensic laboratories. The
standards shall also include a system for grading proficiency testing
performance to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made recommendations
to the Director of the Federal Bureau of Investigation and the Director
has acted upon those recommendations, the quality assurance guidelines
adopted by the technical working group on DNA analysis methods shall be
deemed the Director's standards for purposes of this section.
(b) Administration of the Advisory Board.--(1) For administrative
purposes, the advisory board appointed under subsection (a) shall be
considered an advisory board to the Director of the Federal Bureau of
Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board appointed
under subsection (a).
(3) The DNA advisory board established under this section shall be
separate and distinct from any other advisory board administered by the
FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after the
initial appointments are made to the board, unless the existence of the
board is extended by the Director of the Federal Bureau of
Investigation.
(c) Proficiency Testing Program.--(1) Not later than 1 year after
the effective date of this Act, the Director of the National Institute
of Justice shall certify to the Committees on the Judiciary of the
House and Senate that--
(A) the Institute has entered into a contract with an
appropriate entity for establishing a blind external
proficiency testing program for DNA analyses, which shall be
available to public and private laboratories performing
forensic DNA analyses;
(B) a blind external proficiency testing program for DNA
analyses is already readily available to public and private
laboratories performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for
DNA forensic analyses.
(2) As used in this subsection, the term ``blind external
proficiency test'' means a test that is presented to a forensic
laboratory through a second agency and appears to the analysts to
involve routine evidence.
(3) Notwithstanding any other provision of law, the Director of the
Bureau of Justice Assistance may make available to the Director of the
National Institute of Justice during the first fiscal year in which
funds are distributed under this subtitle up to $250,000 from the funds
available under part Y of Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to carry out this subsection.
SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORMATION.
(a) Establishment of Index.--The Director of the Federal Bureau of
Investigation may establish an index of--
(1) DNA identification records of persons convicted of
crimes;
(2) analyses of DNA samples recovered from crime scenes;
and
(3) analyses of DNA samples recovered from unidentified
human remains.
(b) Information.--The index described in subsection (a) shall
include only information on DNA identification records and DNA analyses
that are--
(1) based on analyses performed by or on behalf of a
criminal justice agency in accordance with publicly available
standards that satisfy or exceed the guidelines for a quality
assurance program for DNA analysis, issued by the Director of
the Federal Bureau of Investigation under section 1003;
(2) prepared by laboratories, and DNA analysts, that
undergo, at regular intervals of not to exceed 180 days,
external proficiency testing by a DNA proficiency testing
program meeting the standards issued under section 1003; and
(3) maintained by Federal, State, and local criminal
justice agencies pursuant to rules that allow disclosure of
stored DNA samples and DNA analyses only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
(D) if personally identifiable information is
removed, for a population statistics database, for
identification research and protocol development
purposes, or for quality control purposes.
(c) Failure To Comply.--The exchange of records authorized by this
section is subject to cancellation if the quality control and privacy
requirements described in subsection (b) are not met.
SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.
(a) Proficiency Testing Requirements.--
(1) Generally.--(A) Personnel at the Federal Bureau of
Investigation who perform DNA analyses shall undergo, at
regular intervals of not to exceed 180 days, external
proficiency testing by a DNA proficiency testing program
meeting the standards issued under section 1003.
(B) Within 1 year after the date of enactment of this Act,
the Director of the Federal Bureau of Investigation shall
arrange for periodic blind external tests to determine the
proficiency of DNA analysis performed at the Federal Bureau of
Investigation laboratory.
(C) In this paragraph, ``blind external test'' means a test
that is presented to the laboratory through a second agency and
appears to the analysts to involve routine evidence.
(2) Report.--For 5 years after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation
shall submit to the Committees on the Judiciary of the House
and Senate an annual report on the results of each of the tests
described in paragraph (1).
(b) Privacy Protection Standards.--
(1) Generally.--Except as provided in paragraph (2), the
results of DNA tests performed for a Federal law enforcement
agency for law enforcement purposes may be disclosed only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statues or rules; and
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged.
(2) Exception.--If personally identifiable information is
removed, test results may be disclosed for a population
statistics database, for identification research and protocol
development purposes, or for quality control purposes.
(c) Criminal Penalty.--(1) A person who--
(A) by virtue of employment or official position, has
possession of, or access to, individually identifiable DNA
information indexed in a database created or maintained by any
Federal law enforcement agency; and
(B) willfully discloses such information in any manner to
any person or agency not entitled to receive it,
shall be fined not more than $100,000.
(2) A person who, without authorization, willfully obtains DNA
samples or individually identifiable DNA information indexed in a
database created or maintained by any Federal law enforcement agency
shall be fined not more than $100,000.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Bureau of
Investigation to carry out sections 1003, 1004, and 1005 $4,500,000 for
each of fiscal years 1994, 1995, 1996, 1997, 1998, and 1999.
Subtitle B--Department of Justice Community Substance Abuse Prevention
SEC. 1011. SHORT TITLE.
This section may be cited as the ``Department of Justice Community
Substance Abuse Prevention Act of 1993''.
SEC. 1012. COMMUNITY PARTNERSHIPS.
(a) In General.--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 new subpart:
``Subpart 4--Community Coalitions on Substance Abuse
``grants to combat substance abuse
``Sec. 531. (a) Definition.--As used in this section, the term
`eligible coalition' means an association, consisting of at least 7
organizations, agencies, and individuals that are concerned about
preventing substance abuse, that shall include--
``(1) public and private organizations and agencies that
represent law enforcement, schools, health and social service
agencies, and community-based organizations; and
``(2) representatives of 3 of the following groups: the
clergy, academia, business, parents, youth, the media, civic
and fraternal groups, or other nongovernmental interested
parties.
``(b) Grant Program.--The Attorney General, acting through the
Director of the Bureau of Justice Assistance, and the appropriate State
agency, may make grants to eligible coalitions in order to--
``(1) plan and implement comprehensive long-term strategies
for substance abuse prevention;
``(2) develop a detailed assessment of existing substance
abuse prevention programs and activities to determine community
resources and to identify major gaps and barriers in such
programs and activities;
``(3) identify and solicit funding sources to enable such
programs and activities to become self-sustaining;
``(4) develop a consensus regarding the priorities of a
community concerning substance abuse;
``(5) develop a plan to implement such priorities; and
``(6) coordinate substance abuse services and activities,
including prevention activities in the schools or communities
and substance abuse treatment programs.
``(c) Community Participation.--In developing and implementing a
substance abuse prevention program, a coalition receiving funds under
subsection (b) shall--
``(1) emphasize and encourage substantial voluntary
participation in the community, especially among individuals
involved with youth such as teachers, coaches, parents, and
clergy; and
``(2) emphasize and encourage the involvement of
businesses, civic groups, and other community organizations and
members.
``(d) Application.--An eligible coalition shall submit an
application to the Attorney General and the appropriate State agency in
order to receive a grant under this section. Such application shall--
``(1) describe and, to the extent possible, document the
nature and extent of the substance abuse problem, emphasizing
who is at risk and specifying which groups of individuals
should be targeted for prevention and intervention;
``(2) describe the activities needing financial assistance;
``(3) identify participating agencies, organizations, and
individuals;
``(4) identify the agency, organization, or individual that
has responsibility for leading the coalition, and provide
assurances that such agency, organization or individual has
previous substance abuse prevention experience;
``(5) describe a mechanism to evaluate the success of the
coalition in developing and carrying out the substance abuse
prevention plan referred to in subsection (b)(5) and to report
on such plan to the Attorney General on an annual basis; and
``(6) contain such additional information and assurances as
the Attorney General and the appropriate State agency may
prescribe.
``(e) Priority.--In awarding grants under this section, the
Attorney General and the appropriate State agency shall give priority
to a community that--
``(1) provides evidence of significant substance abuse;
``(2) proposes a comprehensive and multifaceted approach to
eliminating substance abuse;
``(3) encourages the involvement of businesses and
community leaders in substance abuse prevention activities;
``(4) demonstrates a commitment and a high priority for
preventing substance abuse; and
``(5) demonstrates support from the community and State and
local agencies for efforts to eliminate substance abuse.
``(f) Review.--Each coalition receiving money pursuant to the
provisions of this section shall submit an annual report to the
Attorney General, and the appropriate State agency, evaluating the
effectiveness of the plan described in subsection (b)(5) and containing
such additional information as the Attorney General, or the appropriate
State agency, may prescribe. The Attorney General, in conjunction with
the Director of the Bureau of Justice Assistance, and the appropriate
State agency, shall submit an annual review to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives. Such review shall--
``(1) evaluate the grant program established in this
section to determine its effectiveness;
``(2) implement necessary changes to the program that can
be done by the Attorney General; and
``(3) recommend any statutory changes that are necessary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for fiscal year
1995, $20,000,000 for fiscal year 1996, and $25,000,000 for fiscal year
1997.''.
(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 522
the following:
``subpart 4--community coalition on substance abuse
``Sec. 531. Grants to combat substance abuse.''.
Subtitle C--Racial and Ethnic Bias Study Grants
SEC. 1021. STUDY GRANTS.
(a) Findings.--The Congress finds that--
(1) equality under law is tested most profoundly by whether
a legal system tolerates race playing a role in the criminal
justice system; and
(2) States should examine their criminal justice systems in
order to ensure that racial and ethnic bias has no part in such
criminal justice systems.
(b) Authorization of Grant Program.--
(1) In general.--The Attorney General, acting through the
Bureau of Justice Assistance, may make grants to States that
have established by State law or by the court of last resort a
plan for analyzing the role of race in that State's criminal
justice system. Such plan shall include recommendations
designed to correct any findings that racial and ethnic bias
plays such a role.
(2) Criteria for grants.--Grants under this subsection
shall be awarded based upon criteria established by the
Attorney General. In establishing the criteria, the Attorney
General shall take into consideration the population of the
respective States, the racial and ethnic composition of the
population of the States, whether the State plan expressly
considers the role of race in procedures for jury selection in
the State, and the crime rates of the States.
(3) Reports by states.--Recipients of grants under this
subsection shall report the findings and recommendations of
studies funded by grants under this subsection to the Congress
within reasonable time limits established by the Attorney
General.
(4) Reimbursement of states.--Grants may be made to
reimburse States for work started prior to the date of
enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 1995, 1996, 1997, 1998, and 1999.
Subtitle D--Improved Training and Technical Automation
SEC. 1031. IMPROVED TRAINING AND TECHNICAL AUTOMATION.
(a) Grants.--
(1) In general.--The Attorney General shall, subject to the
availability of appropriations, make grants to units of State
and local law enforcement for the purposes of improving law
enforcement agency efficiency through computerized automation
and technological improvements.
(2) Types of programs.--Grants under this section may
include programs to--
(A) increase use of mobile digital terminals;
(B) improve communications systems;
(C) accomplish paper-flow reduction;
(D) establish or improve ballistics identification
programs;
(E) increase the application of automated
fingerprint identification systems and their
communications on an interstate and intrastate basis;
and.
(F) improve computerized collection of criminal
records.
(3) Funding.--No funds under this subtitle may be used to
implement any cryptographic or digital telephony programs.
(b) Training and Investigative Assistance.--
(1) In general.--The Attorney General shall, subject to the
availability of appropriations--
(A) expand and improve investigative and managerial
training courses for State and local law enforcement
agencies; and
(B) develop and implement, on a pilot basis with no
more than 10 participating cities, an intelligent
information system that gathers, integrates, organizes,
and analyzes information in active support of
investigations by Federal, State, and local law
enforcement agencies of violent serial crimes.
(2) Improvement of facilities.--The improvement described
in subsection (a) shall include improvements of the training
facilities of the Federal Bureau of Investigation Academy at
Quantico, Virginia.
(3) Intelligent information system.--The intelligent
information system described in paragraph (1)(B) shall be
developed and implemented by the Federal Bureau of
Investigation and shall utilize the resources of the Violent
Criminal Apprehension Program.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 1994--
(1) $100,000,000 to carry out subsection (a);
(2) $40,000,000 to carry out subsection (b)(1)(A); and
(3) $10,000,000 to carry out subsection (b)(2)(B).
TITLE XI--PROVISIONS RELATING TO POLICE OFFICERS
Subtitle A--Law Enforcement Family Support
SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.
(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
309(b)(1), is amended--
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as 2001; and
(3) by inserting after part R the following new part:
``PART S--FAMILY SUPPORT
``SEC. 1901. DUTIES OF DIRECTOR.
``The Director shall--
``(1) establish guidelines and oversee the implementation
of family-friendly policies within law enforcement-related
offices and divisions in the Department of Justice;
``(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the findings of
such studies to Federal, State, and local law enforcement
agencies, related organizations, and other interested parties;
``(3) identify and evaluate model programs that provide
support services to law enforcement personnel and families;
``(4) provide technical assistance and training programs to
develop stress reduction and family support to State and local
law enforcement agencies;
``(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to
Federal, State, and local law enforcement agencies, law
enforcement-related organizations, and other interested
entities; and
``(6) determine issues to be researched by the Bureau and
by grant recipients.
``SEC. 1902. GENERAL AUTHORIZATION.
``The Director may make grants to States and local law enforcement
agencies and to organizations representing State or local law
enforcement personnel to provide family support services to law
enforcement personnel.
``SEC. 1903. USES OF FUNDS.
``(a) In General.--A State or local law enforcement agency or
organization that receives a grant under this Act shall use amounts
provided under the grant to establish or improve training and support
programs for law enforcement personnel.
``(b) Required Activities.--A law enforcement agency or
organization that receives funds under this part shall provide at least
one of the following services:
``(1) Counseling for law enforcement family members.
``(2) Child care on a 24-hour basis.
``(3) Marital and adolescent support groups.
``(4) Stress reduction programs.
``(5) Stress education for law enforcement recruits and
families.
``(6) Provide technical assistance and training programs to
support any or all of the services described in paragraphs (1),
(2), (3), (4), and (5).
``(c) Optional Activities.--A law enforcement agency or
organization that receives funds under this part may provide the
following services:
``(1) Post-shooting debriefing for officers and their
spouses.
``(2) Group therapy.
``(3) Hypertension clinics.
``(4) Critical incident response on a 24-hour basis.
``(5) Law enforcement family crisis telephone services on a
24-hour basis.
``(6) Counseling for law enforcement personnel exposed to
the human immunodeficiency virus.
``(7) Counseling for peers.
``(8) Counseling for families of personnel killed in the
line of duty.
``(9) Seminars regarding alcohol, drug use, gambling, and
overeating.
``(10) Technical assistance and training to support any or
all of the services described in paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), and (9).
``SEC. 1904. APPLICATIONS.
``A law enforcement agency or organization desiring to receive a
grant under this part shall submit to the Director an application at
such time, in such manner, and containing or accompanied by such
information as the Director may reasonably require. Such application
shall--
``(1) certify that the law enforcement agency shall match
all Federal funds with an equal amount of cash or in-kind goods
or services from other non-Federal sources;
``(2) include a statement from the highest ranking law
enforcement official from the State or locality or from the
highest ranking official from the organization applying for the
grant that attests to the need and intended use of services to
be provided with grant funds; and
``(3) assure that the Director or the Comptroller General
of the United States shall have access to all records related
to the receipt and use of grant funds received under this part.
``SEC. 1905. AWARD OF GRANTS; LIMITATION.
``(a) Grant Distribution.--In approving grants under this part, the
Director shall assure an equitable distribution of assistance among the
States, among urban and rural areas of the United States, and among
urban and rural areas of a State.
``(b) Duration.--The Director may award a grant each fiscal year,
not to exceed $100,000 to a State or local law enforcement agency or
$250,000 to a law enforcement organization for a period not to exceed 5
years. In any application from a State or local law enforcement agency
or organization for a grant to continue a program for the second,
third, fourth, or fifth fiscal year following the first fiscal year in
which a grant was awarded to such agency, the Director shall review the
progress made toward meeting the objectives of the program. The
Director may refuse to award a grant if the Director finds sufficient
progress has not been made toward meeting such objectives, but only
after affording the applicant notice and an opportunity for
reconsideration.
``(c) Limitation.--Not more than 10 percent of grant funds received
by a State or a local law enforcement agency or organization may be
used for administrative purposes.
``SEC. 1906. DISCRETIONARY RESEARCH GRANTS.
``The Director may reserve 10 percent of funds to award research
grants to a State or local law enforcement agency or organization to
study issues of importance in the law enforcement field as determined
by the Director.
``SEC. 1907. REPORTS.
``(a) Report From Grant Recipients.--A State or local law
enforcement agency or organization that receives a grant under this
part shall submit to the Director an annual report that includes--
``(1) program descriptions;
``(2) the number of staff employed to administer programs;
``(3) the number of individuals who participated in
programs; and
``(4) an evaluation of the effectiveness of grant programs.
``(b) Report From Director.--(1) The Director shall submit to the
Congress a report not later than March 31 of each fiscal year.
``(2) Such report shall contain--
``(A) a description of the types of projects developed or
improved through funds received under this part;
``(B) a description of exemplary projects and activities
developed;
``(C) a designation of the family relationship to the law
enforcement personnel of individuals served; and
``(D) the number of individuals served in each location and
throughout the country.
``SEC. 1908. DEFINITIONS.
``For purposes of this part--
``(1) the term `family-friendly policy' means a policy to
promote or improve the morale and well being of law enforcement
personnel and their families; and
``(2) the term `law enforcement personnel' means
individuals employed by Federal, State, and local law
enforcement agencies.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 309(b)(2), is amended by striking the
matter relating to part R and inserting the following:
``Part S--Family Support
``Sec. 1901. Duties of director.
``Sec. 1902. General authorization.
``Sec. 1903. Uses of funds.
``Sec. 1904. Applications.
``Sec. 1905. Award of grants; limitation.
``Sec. 1906. Discretionary research grants.
``Sec. 1907. Reports.
``Sec. 1908. Definitions.
``Part V--Transition; Effective Date; Repeals
``Sec. 2001. Continuation of rules, authorities, and privileges.''.
(c) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 309(b)(3), is amended--
(1) in paragraph (3) by striking ``and R'' and inserting
``R, and S''; and
(2) by adding at the end the following new paragraph:
``(13) There are authorized to be appropriated to carry out part U
$5,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999.
Not more than 20 percent of such funds may be used to accomplish the
duties of the Director under that part, including administrative costs,
research, and training programs.''.
Subtitle B--Police Pattern or Practice
SEC. 1111. CAUSE OF ACTION.
(a) Unlawful Conduct.--It shall be unlawful for any governmental
authority, or any agent thereof, or any person acting on behalf of a
governmental authority, to engage in a pattern or practice of conduct
by law enforcement officers or by officials or employees of any
governmental agency with responsibility for the administration of
juvenile justice or the incarceration of juveniles that deprives
persons of rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States.
(b) Civil Action by Attorney General.--Whenever the Attorney
General has reasonable cause to believe that a violation of paragraph
(1) has occurred, the Attorney General, for or in the name of the
United States, may in a civil action obtain appropriate equitable and
declaratory relief to eliminate the pattern or practice.
SEC. 1112. DATA ON USE OF EXCESSIVE FORCE.
(a) Attorney General To Collect.--The Attorney General shall,
through the victimization surveys conducted by the Bureau of Justice
Statistics, acquire data about the use of excessive force by law
enforcement officers.
(b) Limitation on Use of Data.--Data acquired under this section
shall be used only for research or statistical purposes and may not
contain any information that may reveal the identity of the victim or
any law enforcement officer.
(c) Annual Summary.--The Attorney general shall publish an annual
summary of the data acquired under this section.
Subtitle C--Police Corps and Law Enforcement Officers Training and
Education
CHAPTER 1--POLICE CORPS
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ``Police Corps Act''.
SEC. 1122. PURPOSES.
The purposes of this chapter are to--
(1) address violent crime by increasing the number of
police with advanced education and training on community
patrol; and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. 1123. DEFINITIONS.
In this chapter--
``academic year'' means a traditional academic year
beginning in August or September and ending in the following
May or June.
``dependent child'' means a natural or adopted child or
stepchild of a law enforcement officer who at the time of the
officer's death--
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact dependent
on the child's parents for at least one-half of the
child's support (excluding educational expenses), as
determined by the Director.
``Director'' means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
1124.
``educational expenses'' means expenses that are directly
attributable to--
(A) a course of education leading to the award of
the baccalaureate degree in legal- or criminal justice-
related studies; or
(B) a course of graduate study legal or criminal
justice studies following award of a baccalaureate
degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous expenses.
``institution of higher education'' has the meaning stated
in the first sentence of section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
``participant'' means a participant in the Police Corps
program selected pursuant to section 306.
``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands.
``State Police Corps program'' means a State police corps
program that meets the requirements of section 1130.
SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE CORPS AND LAW
ENFORCEMENT EDUCATION.
(a) Establishment.--There is established in the Department of
Justice, under the general authority of the Attorney General, an Office
of the Police Corps and Law Enforcement Education.
(b) Appointment of Director.--The Office of the Police Corps and
Law Enforcement Education shall be headed by a Director who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the Police Corps program
established by this chapter and shall have authority to promulgate
regulations to implement this chapter.
SEC. 1125. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
(a) Lead Agency.--A State that desires to participate in the Police
Corps program under this chapter shall designate a lead agency that
will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) State Plans.--A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and local
agencies to develop and implement interagency agreements
designed to carry out the program;
(2) contain assurances that the State shall advertise the
assistance available under this chapter;
(3) contain assurances that the State shall screen and
select law enforcement personnel for participation in the
program; and
(4) meet the requirements of section 1130.
SEC. 1126. SCHOLARSHIP ASSISTANCE.
(a) Scholarships Authorized.--(1) The Director may award
scholarships to participants who agree to work in a State or local
police force in accordance with agreements entered into pursuant to
subsection (d).
(2)(A) Except as provided in subparagraph (B), each scholarship
payment made under this section for each academic year shall not
exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$10,000.
(C) The total amount of scholarship assistance received by any one
student under this section shall not exceed $30,000.
(3) Recipients of scholarship assistance under this section shall
continue to receive such scholarship payments only during such periods
as the Director finds that the recipient is maintaining satisfactory
progress as determined by the institution of higher education the
recipient is attending.
(4)(A) The Director shall make scholarship payments under this
section directly to the institution of higher education that the
student is attending.
(B) Each institution of higher education receiving a payment on
behalf of a participant pursuant to subparagraph (A) shall remit to
such student any funds in excess of the costs of tuition, fees, and
room and board payable to the institution.
(b) Reimbursement Authorized.--(1) The Director may make payments
to a participant to reimburse such participant for the costs of
educational expenses if the student agrees to work in a State or local
police force in accordance with the agreement entered into pursuant to
subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending
an institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall not exceed
$10,000.
(C) The total amount of payments made pursuant to subparagraph (A)
to any 1 student shall not exceed $30,000.
(c) Use of Scholarship.--Scholarships awarded under this subsection
shall only be used to attend a 4-year institution of higher education,
except that--
(1) scholarships may be used for graduate and professional
study; and
(2) if a participant has enrolled in the program upon or
after transfer to a 4-year institution of higher education, the
Director may reimburse the participant for the participant's
prior educational expenses.
(d) Agreement.--(1)(A) Each participant receiving a scholarship or
a payment under this section shall enter into an agreement with the
Director.
(B) An agreement under subparagraph (A) shall contain assurances
that the participant shall--
(i) after successful completion of a baccalaureate program
and training as prescribed in section 8, work for 4 years in a
State or local police force without there having arisen
sufficient cause for the participant's dismissal under the
rules applicable to members of the police force of which the
participant is a member;
(ii) complete satisfactorily--
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate
study) or the reward of credit to the participant for
having completed one or more graduate courses (in the
case of graduate study); and
(II) Police Corps training and certification by the
Director that the participant has met such performance
standards as may be established pursuant to section
1128; and
(iii) repay all of the scholarship or payment received plus
interest at the rate of 10 percent if the conditions of clauses
(i) and (ii) are not complied with.
(2)(A) A recipient of a scholarship or payment under this section
shall not be considered to be in violation of the agreement entered
into pursuant to paragraph (1) if the recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because of a
physical or emotional disability or for good cause as determined by the
Director, the Director may substitute community service in a form
prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph (1).
(e) Dependent Child.--A dependent child of a law enforcement
officer--
(1) who is a member of a State or local police force or is
a Federal criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program,
but
(3) who serves in a State for which the Director has
approved a Police Corps plan, and
(4) who is killed in the course of performing police
duties,
shall be entitled to the scholarship assistance authorized in this
section for any course of study in any accredited institution of higher
education. Such dependent child shall not incur any repayment
obligation in exchange for the scholarship assistance provided in this
section.
(f) Application.--Each participant desiring a scholarship or
payment under this section shall submit an application as prescribed by
the Director in such manner and accompanied by such information as the
Director may reasonably require.
SEC. 1127. SELECTION OF PARTICIPANTS.
(a) In General.--Participants in State Police Corps programs shall
be selected on a competitive basis by each State under regulations
prescribed by the Director.
(b) Selection Criteria and Qualifications.--(1) In order to
participate in a State Police Corps program, a participant shall--
(A) be a citizen of the United States or an alien lawfully
admitted for permanent residence in the United States;
(B) meet the requirements for admission as a trainee of the
State or local police force to which the participant will be
assigned pursuant to section 1130(c)(5), including achievement
of satisfactory scores on any applicable examination, except
that failure to meet the age requirement for a trainee of the
State or local police shall not disqualify the applicant if the
applicant will be of sufficient age upon completing an
undergraduate course of study;
(C) possess the necessary mental and physical capabilities
and emotional characteristics to discharge effectively the
duties of a law enforcement officer;
(D) be of good character and demonstrate sincere motivation
and dedication to law enforcement and public service;
(E) in the case of an undergraduate, agree in writing that
the participant will complete an educational course of study
leading to the award of a baccalaureate degree and will then
accept an appointment and complete 4 years of service as an
officer in the State police or in a local police department
within the State;
(F) in the case of a participant desiring to undertake or
continue graduate study, agree in writing that the participant
will accept an appointment and complete 4 years of service as
an officer in the State police or in a local police department
within the State before undertaking or continuing graduate
study;
(G) contract, with the consent of the participant's parent
or guardian if the participant is a minor, to serve for 4 years
as an officer in the State police or in a local police
department, if an appointment is offered; and
(H) except as provided in paragraph (2), be without
previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date of enactment
of this Act, up to 10 percent of the applicants accepted into the
Police Corps program may be persons who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted toward
satisfaction of the participant's 4-year service obligation under
section 1129, and such a participant shall be subject to the same
benefits and obligations under this chapter as other participants,
including those stated in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for
purposes other than satisfaction of the requirements of section 9, such
as for purposes of determining such a participant's pay and other
benefits, rank, and tenure.
(3) It is the intent of this chapter that there shall be no more
than 20,000 participants in each graduating class. The Director shall
approve State plans providing in the aggregate for such enrollment of
applicants as shall assure, as nearly as possible, annual graduating
classes of 20,000. In a year in which applications are received in a
number greater than that which will produce, in the judgment of the
Director, a graduating class of more than 20,000, the Director shall,
in deciding which applications to grant, give preference to those who
will be participating in State plans that provide law enforcement
personnel to areas of greatest need.
(c) Recruitment of Minorities.--Each State participating in the
Police Corps program shall make special efforts to seek and recruit
applicants from among members of all racial, ethnic or gender groups.
This subsection does not authorize an exception from the competitive
standards for admission established pursuant to subsections (a) and
(b).
(d) Enrollment of Applicant.--(1) An applicant shall be accepted
into a State Police Corps program on the condition that the applicant
will be matriculated in, or accepted for admission at, a 4-year
institution of higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set forth
in paragraph (1), the applicant's acceptance in the program shall be
revoked.
(e) Leave of Absence.--(1) A participant in a State Police Corps
program who requests a leave of absence from educational study,
training or service for a period not to exceed 1 year (or 18 months in
the aggregate in the event of multiple requests) due to temporary
physical or emotional disability shall be granted such leave of absence
by the State.
(2) A participant who requests a leave of absence from educational
study, training or service for a period not to exceed 1 year (or 18
months in the aggregate in the event of multiple requests) for any
reason other than those listed in paragraph (1) may be granted such
leave of absence by the State.
(3) A participant who requests a leave of absence from educational
study or training for a period not to exceed 30 months to serve on an
official church mission may be granted such leave of absence.
(f) Admission of Applicants.--An applicant may be admitted into a
State Police Corps program either before commencement of or during the
applicant's course of educational study.
SEC. 1128. POLICE CORPS TRAINING.
(a) In General.--(1) The Director shall establish programs of
training for Police Corps participants. Such programs may be carried
out at up to 3 training centers established for this purpose and
administered by the Director, or by contracting with existing State
training facilities. The Director shall contract with a State training
facility upon request of such facility if the Director determines that
such facility offers a course of training substantially equivalent to
the Police Corps training program described in this chapter.
(2) The Director may enter into contracts with individuals,
institutions of learning, and government agencies (including State and
local police forces) to obtain the services of persons qualified to
participate in and contribute to the training process.
(3) The Director may enter into agreements with agencies of the
Federal Government to utilize on a reimbursable basis space in Federal
buildings and other resources.
(4) The Director may authorize such expenditures as are necessary
for the effective maintenance of the training centers, including
purchases of supplies, uniforms, and educational materials, and the
provision of subsistence, quarters, and medical care to participants.
(b) Training Sessions.--A participant in a State Police Corps
program shall attend two 8-week training sessions at a training center,
one during the summer following completion of sophomore year and one
during the summer following completion of junior year. If a participant
enters the program after sophomore year, the participant shall complete
16 weeks of training at times determined by the Director.
(c) Further Training.--The 16 weeks of Police Corps training
authorized in this section is intended to serve as basic law
enforcement training but not to exclude further training of
participants by the State and local authorities to which they will be
assigned. Each State plan approved by the Director under section 10
shall include assurances that following completion of a participant's
course of education each participant shall receive appropriate
additional training by the State or local authority to which the
participant is assigned. The time spent by a participant in such
additional training, but not the time spent in Police Corps training,
shall be counted toward fulfillment of the participant's 4-year service
obligation.
(d) Course of Training.--The training sessions at training centers
established under this section shall be designed to provide basic law
enforcement training, including vigorous physical and mental training
to teach participants self-discipline and organizational loyalty and to
impart knowledge and understanding of legal processes and law
enforcement.
(e) Evaluation of Participants.--A participant shall be evaluated
during training for mental, physical, and emotional fitness, and shall
be required to meet performance standards prescribed by the Director at
the conclusion of each training session in order to remain in the
Police Corps program.
(f) Stipend.--The Director shall pay participants in training
sessions a stipend of $250 a week during training.
SEC. 1129. SERVICE OBLIGATION.
(a) Swearing In.--Upon satisfactory completion of the participant's
course of education and training program established in section 1128
and meeting the requirements of the police force to which the
participant is assigned, a participant shall be sworn in as a member of
the police force to which the participant is assigned pursuant to the
State Police Corps plan, and shall serve for 4 years as a member of
that police force.
(b) Rights and Responsibilities.--A participant shall have all of
the rights and responsibilities of and shall be subject to all rules
and regulations applicable to other members of the police force of
which the participant is a member, including those contained in
applicable agreements with labor organizations and those provided by
State and local law.
(c) Discipline.--If the police force of which the participant is a
member subjects the participant to discipline such as would preclude
the participant's completing 4 years of service, and result in denial
of educational assistance under section 1126, the Director may, upon a
showing of good cause, permit the participant to complete the service
obligation in an equivalent alternative law enforcement service and, if
such service is satisfactorily completed, section 1126(d)(1)(B)(iii)
shall not apply.
(d) Layoffs.--If the police force of which the participant is a
member lays off the participant such as would preclude the
participant's completing 4 years of service, and result in denial of
educational assistance under section 1126, the Director may permit the
participant to complete the service obligation in an equivalent
alternative law enforcement service and, if such service is
satisfactorily completed, section 1126(d)(1)(B)(iii) shall not apply.
SEC. 1130. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section 1127;
(2) state procedures governing the assignment of
participants in the Police Corps program to State and local
police forces (no more than 10 percent of all the participants
assigned in each year by each State to be assigned to a
statewide police force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which--
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the
participant's home or such other place as the participant may
request;
(5) provide that to the extent feasible, a participant's
assignment shall be made at the time the participant is
accepted into the program, subject to change--
(A) prior to commencement of a participant's fourth
year of undergraduate study, under such circumstances
as the plan may specify; and
(B) from commencement of a participant's fourth
year of undergraduate study until completion of 4 years
of police service by participant, only for compelling
reasons or to meet the needs of the State Police Corps
program and only with the consent of the participant;
(6) provide that no participant shall be assigned to serve
with a local police force--
(A) whose size has declined by more than 5 percent
since June 21, 1989; or
(B) which has members who have been laid off but
not retired;
(7) provide that participants shall be placed and to the
extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of Federal
training, or may remove a participant from the Police Corps
program at any time, only for good cause (including failure to
make satisfactory progress in a course of educational study)
and after following reasonable review procedures stated in the
plan; and
(10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate of
pay and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other police officers of the same rank and tenure in the
police force of which the participant is a member.
SEC. 1131. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS
OFFICERS.
Each jurisdiction directly employing Police Corps participants
during the 4-year term of service prescribed by section 1129 shall
receive $10,000 on account of each such participant at the completion
of each such year of service, but--
(1) no such payment shall be made on account of service in
any State or local police force--
(A) whose average size, in the year for which
payment is to be made, not counting Police Corps
participants assigned under section 106, has declined
more than 2 percent since January 1, 1993; or
(B) which has members who have been laid off but
not retired; and
(2) no such payment shall be made on account of any Police
Corps participant for years of service after the completion of
the term of service prescribed in section 1129.
SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this chapter--
(1) $100,000,000 for fiscal year 1995 and $250,000,000 for
fiscal year 1996; and
(2) such sums as are necessary for each of fiscal years
1997, 1998, and 1999.
SEC. 1133. REPORTS TO CONGRESS.
(a) In General.--Not later than April 1 of each year, the Director
shall submit a report to the Attorney General, the President, the
Speaker of the House of Representatives, and the President of the
Senate.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of current and past participants in
the Police Corps program, broken down according to the levels
of educational study in which they are engaged and years of
service they have served on police forces (including service
following completion of the 4-year service obligation);
(2) describe the geographic, racial, and gender dispersion
of participants in the Police Corps program; and
(3) describe the progress of the Police Corps program and
make recommendations for changes in the program.
CHAPTER 2--LAW ENFORCEMENT SCHOLARSHIP PROGRAM
SEC. 1141. SHORT TITLE.
This chapter may be cited as the ``Law Enforcement Scholarships and
Recruitment Act''.
SEC. 1142. DEFINITIONS.
In this chapter--
``Director'' means the Director of the Bureau of Justice
Assistance.
``educational expenses'' means expenses that are directly
attributable to--
(A) a course of education leading to the award of
an associate degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses.
``institution of higher education'' has the meaning stated
in the first sentence of section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
``law enforcement position'' means employment as an officer
in a State or local police force, or correctional institution.
``State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 1143. ALLOTMENT.
From amounts appropriated under section 1150, the Director shall
allot--
(1) 80 percent of such amounts to States on the basis of
the number of law enforcement officers in each State compared
to the number of law enforcement officers in all States; and
(2) 20 percent of such amounts to States on the basis of
the shortage of law enforcement personnel and the need for
assistance under this title in the State compared to the
shortage of law enforcement personnel and the need for
assistance under this title in all States.
SEC. 1144. ESTABLISHMENT OF PROGRAM.
(a) Use of Allotment.--
(1) In general.--A State that receives an allotment
pursuant to section 1143 shall use the allotment to pay the
Federal share of the costs of--
(A) awarding scholarships to in-service law
enforcement personnel to enable such personnel to seek
further education; and
(B) providing--
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per
week) employment for a period not to exceed 1
year.
(2) Employment.--The employment described in paragraph
(1)(B)--
(A) shall be provided by State and local law
enforcement agencies for students who are juniors or
seniors in high school or are enrolled in an
institution of higher education and who demonstrate an
interest in undertaking a career in law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks
that inform students of the nature of the tasks
performed by law enforcement agencies.
(b) Payments; Federal Share; Non-Federal Share.--
(1) Payments.--The Secretary shall pay to each State that
receives an allotment under section 1143 the Federal share of
the cost of the activities described in the application
submitted pursuant to section 1147.
(2) Federal share.--The Federal share shall not exceed 60
percent.
(3) Non-federal share.--The non-Federal share of the cost
of scholarships and student employment provided under this
chapter shall be supplied from sources other than the Federal
Government.
(c) Responsibilities of Director.--The Director shall be
responsible for the administration of the programs conducted pursuant
to this title and shall, in consultation with the Assistant Secretary
for Postsecondary Education, issue rules to implement this title.
(d) Administrative Expenses.--A State that receives an allotment
under section 1143 may reserve not more than 8 percent of the allotment
for administrative expenses.
(e) Special Rule.--A State that receives an allotment under section
1143 shall ensure that each scholarship recipient under this title be
compensated at the same rate of pay and benefits and enjoy the same
rights under applicable agreements with labor organizations and under
State and local law as other law enforcement personnel of the same rank
and tenure in the office of which the scholarship recipient is a
member.
(f) Supplementation of Funding.--Funds received under this chapter
shall only be used to supplement, and not to supplant, Federal, State,
or local efforts for recruitment and education of law enforcement
personnel.
SEC. 1145. SCHOLARSHIPS.
(a) Period of Award.--Scholarships awarded under this chapter shall
be for a period of 1 academic year.
(b) Use of Scholarships.--Each individual awarded a scholarship
under this chapter may use the scholarship for educational expenses at
an institution of higher education.
SEC. 1146. ELIGIBILITY.
(a) Scholarships.--A person shall be eligible to receive a
scholarship under this chapter if the person has been employed in law
enforcement for the 2-year period immediately preceding the date on
which assistance is sought.
(b) Ineligibility for Student Employment.--A person who has been
employed as a law enforcement officer is ineligible to participate in a
student employment program carried out under this chapter.
SEC. 1147. STATE APPLICATION.
(a) In General.--Each State desiring an allotment under section
1143 shall submit an application to the Director at such time, in such
manner, and accompanied by such information as the Director may
reasonably require.
(b) Contents.--An application under subsection (a) shall--
(1) describe the scholarship program and the student
employment program for which assistance under this title is
sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and local
agencies to develop and implement interagency agreements
designed to carry out this chapter;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this chapter and that the State will use such programs to
enhance recruitment efforts;
(4) contain assurances that the State will screen and
select law enforcement personnel for participation in the
scholarship program under this chapter;
(5) contain assurances that under such student employment
program the State will screen and select, for participation in
such program, students who have an interest in undertaking a
career in law enforcement;
(6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of
higher education on behalf of persons who receive scholarships
under this chapter;
(7) with respect to such student employment program,
identify--
(A) the employment tasks that students will be
assigned to perform;
(B) the compensation that students will be paid to
perform such tasks; and
(C) the training that students will receive as part
of their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs of law
enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement
agencies to enhance law enforcement personnel recruitment
efforts in institutions of higher education.
SEC. 1148. LOCAL APPLICATION.
(a) In General.--A person who desires a scholarship or employment
under this chapter shall submit an application to the State at such
time, in such manner, and accompanied by such information as the State
may reasonably require.
(b) Contents.--An application under subsection (a) shall describe--
(1) the academic courses for which a scholarship is sought;
or
(2) the location and duration of employment that is sought.
(c) Priority.--In awarding scholarships and providing student
employment under this chapter, each State shall give priority to
applications from persons who are--
(1) members of racial, ethnic, or gender groups whose
representation in the law enforcement agencies within the State
is substantially less than in the population eligible for
employment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher
Education Act of 1965.
SEC. 1149. SCHOLARSHIP AGREEMENT.
(a) In General.--A person who receives a scholarship under this
chapter shall enter into an agreement with the Director.
(b) Contents.--An agreement described in subsection (a) shall--
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the scholarship
recipient's academic courses leading to an associate, bachelor,
or graduate degree;
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms and
conditions as the Director shall prescribe if the requirements
of the agreement are not complied with, unless the scholarship
recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified
physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
(c) Service Obligation.--
(1) In general.-- Except as provided in paragraph (2), a
person who receives a scholarship under this title shall work
in a law enforcement position in the State that awarded the
scholarship for a period of 1 month for each credit hour for
which funds are received under the scholarship.
(2) Special rule.--For purposes of satisfying the
requirement of paragraph (1), a scholarship recipient shall
work in a law enforcement position in the State that awarded
the scholarship for not less than 6 months but shall not be
required to work in such a position for more than 2 years.
SEC. 1150. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization of Appropriations.--There are authorized
to be appropriated to carry out this chapter $30,000,000 for each of
fiscal years 1995, 1996, 1997, 1998, and 1999.
(b) Uses of Funds.--Of the funds appropriated under subsection (a)
for a fiscal year--
(1) 80 percent shall be available to provide scholarships
described in section 1144(a)(1)(A); and
(2) 20 percent shall be available to provide employment
described in sections 1144(a)(1)(B) and 1144(a)(2).
TITLE XII--DRUG COURT PROGRAMS
SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.
(a) Application.--The Attorney General may establish a unified or
coordinated process for applying for grants under parts T, U, and V of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
added by this title. In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under any
provision of this title shall--
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
(3) certify that the Federal support provided will be used
to supplement, and not supplant, State and local sources of
funding that would otherwise be available;
(4) identify related governmental and community initiatives
which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate coordination
with all affected agencies;
(6) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
(7) certify that no violent offenders will be eligible or
allowed to participate in the program authorized under part U.
(b) Regulatory Authority.--
(1) In general.--The Attorney General shall issue
regulations and guidelines to carry out the programs authorized
by this title, including specifications concerning application
requirements, selection criteria, duration and renewal of
grants, evaluation requirements, matching funds, limitation of
administrative expenses, submission of reports by grantees,
recordkeeping by grantees, and access to books, records, and
documents maintained by grantees or other persons for purposes
of audit or examination.
(2) Prohibition of participation by violent offenders.--The
Attorney General shall--
(A) issue regulations and guidelines to ensure that
the programs authorized under part U of this title do
not permit participation by violent offenders; and
(B) immediately suspend funding for any grant under
this title if the Attorney General finds that violent
offenders are participating in any program funded under
part U.
(c) Technical Assistance and Evaluation.--The Attorney General may
provide technical assistance to grantees under the programs authorized
by this title. The Attorney General may carry out, or arrange by grant
or contract or otherwise for the carrying out of, evaluations or
programs receiving assistance under the programs authorized by this
title, in addition to any evaluations that grantees may be required to
carry out pursuant to subsection (b).
(d) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this section or other provisions of this title, or in coordinating
activities under the programs authorized by this title.
(e) GAO Study.--
(1) In general.--The Comptroller General of the United
States shall study and assess the effectiveness and impact of
grants authorized by this title and report to Congress the
results of the study on or before January 1, 1997.
(2) Documents and information.--The Attorney General and
grant recipients shall provide the Comptroller General with all
relevant documents and information that the Comptroller General
deems necessary to conduct the study under paragraph (1),
including the identities and criminal records of program
participants.
(3) Criteria.--In assessing the effectiveness of the grants
made under programs authorized by this title, the Comptroller
General shall consider, among other things--
(A) recidivism rates of program participants;
(B) completion rates among program participants;
(C) drug use by program participants; and
(D) the costs of the program to the criminal
justice system.
(f) Definition.--In this title, ``violent offender'' means a person
charged with or convicted of an offense (or charged with or adjudicated
as a delinquent by reason of conduct that, if engaged in by an adult
would constitute an offense), during the course of which offense or
conduct--
(1) the person carried, possessed, or used a firearm or
dangerous weapon;
(2) there occurred the death of or serious bodily injury to
any person; or
(3) there occurred the use of force against the person of
another
without regard to whether any of the circumstances described in
paragraph (1), (2), or (3) is an element of the offense or conduct of
which or for which the person is charged, convicted, or adjudicated as
a delinquent.
SEC. 1202. DRUG TESTING UPON ARREST.
(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
1101(a), is amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
``PART T--DRUG TESTING UPON ARREST
``SEC. 2001. GRANT AUTHORIZATION.
``The Director of the Bureau of Justice Assistance may make grants
under this part to States, for the use by States and units of local
government in the States, for the purpose of developing, implementing,
or continuing a drug testing project when individuals are arrested,
during the pretrial period or during participation in any pre- or post-
conviction diversion program.
``SEC. 2002. STATE APPLICATIONS.
``(a) General Requirements.--To request a grant under this part the
chief executive of a State shall submit an application to the Director
in such form and containing such information as the Director may
reasonably require.
``(b) Mandatory Assurances.--To be eligible to receive funds under
this part, a State shall agree to develop or maintain programs of
urinalysis or similar drug testing of individuals upon arrest during
the pretrial period, or during participation in any pre- or post-
conviction diversion program.
``(c) Central Office.--The office designated under section 507--
``(1) shall prepare the application as required under
subsection (a); and
``(2) shall administer grant funds received under this
part, including, review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 2003. LOCAL APPLICATIONS.
``(a) In General.--(1) To request funds under this part from a
State, the chief executive of a unit of local government shall submit
an application to the office designated under section 2002(c).
``(2) An application under paragraph (1) shall be considered
approved, in whole or in part, by the State not later than 90 days
after such application is first received unless the State informs the
applicant in writing of specific reasons for disapproval.
``(3) The State shall not disapprove any application submitted to
the State without first affording the applicant reasonable notice and
an opportunity for reconsideration.
``(4) If such application is approved, the unit of local government
is eligible to receive such funds.
``(b) Distribution to Units of Local Government.--A State that
receives funds under section 2001 in a fiscal year shall make such
funds available to units of local government with an application that
has been submitted and approved by the State within 90 days after the
Bureau has approved the application submitted by the State and has made
funds available to the State. The Director shall have the authority to
waive the 90-day requirement in this section upon a finding that the
State is unable to satisfy such requirement under State statutes.
``SEC. 2004. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the number of individuals arrested in such State bears to the
number of individuals arrested in all the participating States.
``(b) Local Distribution.--(1) A State that receives funds under
this part in a fiscal year shall distribute to units of local
government in such State the portion of such funds that bears the same
ratio to the aggregate amount of such funds as the amount of funds
expended by all units of local government for criminal justice in the
preceding fiscal year bears to the aggregate amount of funds expended
by the State and all units of local government in the State for
criminal justice in the preceding fiscal year.
``(2) Any funds not distributed to units of local government under
paragraph (1) shall be available for expenditure by such State for
purposes specified in such State's application.
``(3) If the Director determines, on the basis of information
available during any fiscal year, that a portion of the funds allocated
to a State for such fiscal year will not be used by such State or that
a State is not eligible to receive funds under section 2001, the
Director shall award such funds to units of local government in such
State giving priority to the units of local government that the
Director considers to have the greatest need.
``(c) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 2002 for the
fiscal year for which the projects receive assistance under this part.
``(d) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2005. REPORT.
``A State or unit of local government that receives funds under
this part shall submit to the Director a report in March of each fiscal
year that funds are received under this part regarding the
effectiveness of the drug testing project.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 1101(b), is amended by striking the matter
relating to part T and inserting the following:
``Part T--Drug Testing Upon Arrest
``Sec. 2001. Grant authorization.
``Sec. 2002. State applications.
``Sec. 2003. Local applications.
``Sec. 2004. Allocation and distribution of funds.
``Sec. 2005. Report.
``Part U--Transition; Effective Date; Repealer
``Sec. 2101. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 1101(c), is amended--
(1) in paragraph (3) by striking ``and S'' and inserting
``S, and T''; and
(2) by adding at the end the following new paragraph:
``(14) There are authorized to be appropriated to carry out the
projects under part T $100,000,000 for each of fiscal years 1995, 1996,
and 1997.''.
SEC. 1203. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.
(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
1202(a), is amended--
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
``PART U--ALTERNATIVE PUNISHMENTS FOR YOUNG NONVIOLENT OFFENDERS
``SEC. 2101. GRANT AUTHORIZATION.
``(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this part as the `Director') may make grants under this
part to States, for the use by States and units of local government in
the States, for the purpose of developing alternative methods of
punishment for young nonviolent offenders to traditional forms of
incarceration and probation.
``(b) Alternative Methods.--The alternative methods of punishment
referred to in subsection (a) should ensure certainty of punishment for
young nonviolent offenders and promote reduced recidivism, crime
prevention, and assistance to victims, particularly for young
nonviolent offenders who can be punished more effectively in an
environment other than a traditional correctional facility, including--
``(1) alternative sanctions that create accountability and
certainty of punishment for young non-violent offenders;
``(2) boot camp prison programs that provide assurances
that appropriate aftercare services (such as educational and
job training programs, drug counseling or treatment, parole or
other post-release supervision programs, halfway house
programs, job placement programs, and participation in self-
help and peer group programs) will be made available;
``(3) technical training and support for the implementation
and maintenance of State and local restitution programs for
young non-violent offenders;
``(4) innovative projects;
``(5) correctional options, such as community-based
incarceration, weekend incarceration, and electric monitoring
of offenders;
``(6) community service programs that provide work service
placement for young non-violent offenders at nonprofit, private
organizations and community organizations;
``(7) demonstration restitution projects that are evaluated
for effectiveness; and
``(8) innovative methods that address the problems of young
non-violent offenders convicted of serious substance abuse,
including alcohol abuse, and gang-related offenses, including
technical assistance and training to counsel and treat such
offenders.
``SEC. 2102. STATE APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State shall submit an application to the Director in
such form and containing such information as the Director may
reasonably require.
``(b) Assurances.--An application under subsection (a) shall
include assurances that Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
``(c) State Office.--The office designated under section 507
shall--
``(1) prepare the application as required under subsection
(a); and
``(2) administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
``SEC. 2103. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Director shall make a grant under section
2101(a) to carry out the projects described in the application
submitted by an applicant under section 2102 upon determining that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application, the Director
has made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part.
``(b) Approval.--An application submitted under section 2102 shall
be considered approved, in whole or in part, by the Director not later
than 45 days after it is first received unless the Director informs the
applicant of specific reasons for disapproval.
``(c) Restriction.--Grant funds received under this part shall not
be used for land acquisition or construction projects other than
alternative facilities described in section 2101(b) for young non-
violent offenders.
``(d) Disapproval Notice and Reconsideration.--The Director shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
``SEC. 2104. LOCAL APPLICATIONS.
``(a) In General.--To request funds under this part from a State,
the chief executive of a unit of local government shall submit an
application to the office designated under section 507.
``(b) Approval.--An application under paragraph (1) shall be
considered approved, in whole or in part, by the State not later than
90 days after the application is first received unless the State
informs the applicant in writing of specific reasons for disapproval.
``(c) Disapproval.--The State shall not disapprove any application
submitted to the State without first affording the applicant reasonable
notice and an opportunity for reconsideration.
``(d) Effect of Approval.--If an application under paragraph (1) is
approved, the unit of local government is eligible to receive the
requested funds.
``(e) Distribution to Units of Local Government.--
``(1) In general.--A State that receives funds under
section 2101 in a fiscal year shall make such funds available
to units of local government with an application that has been
submitted and approved by the State within 90 days after the
Director has approved the application submitted by the State
and has made funds available to the State.
``(2) Waiver.--The Director may waive the 90-day
requirement of paragraph (1) upon a finding that the State is
unable to satisfy the requirement under State statutes.
``SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount that bears the same ratio to the
amount of remaining funds described in this paragraph as the
number of young non-violent offenders of the State bears to the
number of young non-violent offenders in all the participating
States.
``(b) Local Distribution.--
``(1) In general.--A State that receives funds under this
part in a fiscal year shall distribute to units of local
government in the State for the purposes specified in section
2101 the portion of such funds that bears the same ratio to the
aggregate amount of such funds as the amount of funds expended
by all units of local government for criminal justice in the
preceding fiscal year bears to the aggregate amount of funds
expended by the State and all units of local government in the
State for criminal justice in such preceding fiscal year.
``(2) Undistributed funds.--Any funds not distributed to
units of local government under paragraph (1) shall be
available for expenditure by the State for purposes specified
in section 2101.
``(3) Award of funds by the director.--If the Director
determines, on the basis of information available during any
fiscal year, that a portion of the funds allocated to a State
for a fiscal year will not be used by the State or that a State
is not eligible to receive funds under section 2101, the
Director shall award such funds to units of local government in
the State, giving priority to the units of local government
that the Director considers to have the greatest need.
``(c) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 2102(a) for the
fiscal year for which the projects receive assistance under this part.
``(d) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2106. EVALUATION.
``(a) Submission.--
``(1) In general.--Each State and local unit of government
that receives a grant under this part shall submit to the
Director an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Director and in
consultation with the National Institute of Justice.
``(2) Waiver.--The Director may waive the requirement
specified in paragraph (1) if the Director determines that an
evaluation is not warranted in the case of a particular State
or unit of local government.
``(b) Distribution.--The Director shall make available to the
public on a timely basis evaluations received under subsection (a).
``(c) Administrative Costs.--A State and local unit of government
may use not more than 5 percent of funds it receives under this part to
develop an evaluation program under this section.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 1202(b), is amended by striking the matter
relating to part U and inserting the following:
``Part U--Alternative Punishments for Young Non-Violent Offenders
``Sec. 2101. Grant authorization.
``Sec. 2102. State applications.
``Sec. 2103. Review of State applications.
``Sec. 2104. Local applications.
``Sec. 2105. Allocation and distribution of funds.
``Sec. 2106. Evaluation.
``Part V--Transition; Effective Date; Repealer
``Sec. 2201. Continuation of rules, authorities, and proceedings.''.
(c) Definition.--Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)) is amended by adding at
the end the following new paragraph:
``(24) `young non-violent offender' means a non-violent
first-time offender or non-violent offender with a minor
criminal record who is 25 years of age or younger.''.
(d) 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), as amended by section 1202(c), is amended--
(1) in paragraph (3) by striking ``and T'' and inserting
``T, and U''; and
(2) by adding at the end the following new paragraph:
``(15) There are authorized to be appropriated to carry out the
projects under part U $200,000,000 for each of fiscal years 1995, 1996,
and 1997.''.
SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.
(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
1203(a), is amended--
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
``PART V--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS
``SEC. 2201. GRANT AUTHORIZATION.
``The Director of the Bureau of Justice Assistance (referred to in
this part as the `Director') may make grants under this part to States,
for the use by States for the purpose of developing and implementing
residential substance abuse treatment programs within State
correctional facilities, including residential substance abuse
treatment programs for offenders who violate the terms of any post-
conviction diversion program and who are committed to State
correctional facilities.
``SEC. 2202. STATE APPLICATIONS.
``(a) In General.--(1) To request a grant under this part the chief
executive of a State shall submit an application to the Director in
such form and containing such information as the Director may
reasonably require.
``(2) Such application shall include assurances that Federal funds
received under this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities
funded under this part.
``(3) Such application shall coordinate the design and
implementation of treatment programs between State correctional
representatives and the State alcohol and drug abuse agency.
``(b) Drug Testing Requirement.--To be eligible to receive funds
under this part, a State must agree to implement or continue to require
urinalysis or similar testing of individuals in correctional
residential substance abuse treatment programs. Such testing shall
include individuals released from residential substance abuse treatment
programs who remain in the custody of the State.
``(c) Eligibility for Preference With After Care Component.--
``(1) To be eligible for a preference under this part, a
State must ensure that individuals who participate in the drug
treatment program established or implemented with assistance
provided under this part will be provided with aftercare
services.
``(2) State aftercare services must involve the
coordination of the prison treatment program with other human
service and rehabilitation programs, such as educational and
job training programs, parole supervision programs, half-way
house programs, and participation in self-help and peer group
programs, that may aid in the rehabilitation of individuals in
the drug treatment program.
``(3) To qualify as an aftercare program, the head of the
drug treatment program, in conjunction with State and local
authorities and organizations involved in drug treatment, shall
assist in placement of drug treatment program participants with
appropriate community drug treatment facilities when such
individuals leave prison at the end of a sentence or on parole.
``(d) State Office.--The office designated under section 507--
``(1) shall prepare the application as required under this
section; and
``(2) shall administer grant funds received under this
part, including, review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 2203. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Bureau shall make a grant under section 2201
to carry out the projects described in the application submitted under
section 2202 upon determining that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application the Bureau has
made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part.
``(b) Approval.--Each application submitted under section 2202
shall be considered approved, in whole or in part, by the Bureau not
later than 90 days after first received unless the Bureau informs the
applicant of specific reasons for disapproval.
``(c) Restriction.--Grant funds received under this part shall not
be used for land acquisition or construction projects.
``(d) Disapproval Notice and Reconsideration.--The Bureau shall not
disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
``SEC. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) Allocation.--Of the total amount appropriated under this part
in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount that bears the same ratio to the
amount of remaining funds described in this paragraph as the
State prison population of the State bears to the total prison
population of all of the participating States.
``(b) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 2202 for the
fiscal year for which the projects receive assistance under this part.
``SEC. 2205. EVALUATION.
``Each State that receives a grant under this part shall submit to
the Director an evaluation not later than March 1 of each year in such
form and containing such information as the Director may reasonably
require.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 1203(b), is amended by striking the matter
relating to part V and inserting the following:
``Part V--Residential Substance Abuse Treatment for Prisoners
``Sec. 2201. Grant authorization.
``Sec. 2202. State applications.
``Sec. 2203. Review of State applications.
``Sec. 2204. Allocation and distribution of funds.
``Sec. 2205. Evaluation.
``Part W--Transition; Effective Date; Repealer
``Sec. 2301. Continuation of rules, authorities, and proceedings.''.
(c) Definitions.--Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section
2102(c), is amended by adding at the end the following new paragraph:
``(25) `residential substance abuse treatment program'
means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities
set apart from the general prison population--
``(A) directed at the substance abuse problems of
the prisoner; and
``(B) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as
to solve the prisoner's substance abuse and related
problems.''.
(d) 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), as amended by section 1202(d), is amended--
(1) in paragraph (3) by striking ``and U'' and inserting
``U, and V''; and
(2) by adding at the end the following new paragraph:
``(16) There are authorized to be appropriated to carry out
projects under part V $100,000,000 for each of fiscal years 1995, 1996,
and 1997.''.
TITLE XIII--PRISONS
Subtitle A--Federal Prisons
SEC. 1301. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is
amended by inserting after subsection (5) the following: ``In
designating the place of imprisonment or making transfers under this
subsection, there shall be no favoritism given to prisoners of high
social or economic status.''.
SEC. 1302. PRISON IMPACT ASSESSMENTS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 4047. Prison impact assessments
``(a) Any submission of legislation by the Judicial or Executive
branch which could increase or decrease the number of persons
incarcerated or in Federal penal institutions shall be accompanied by a
prison impact statement, as defined in subsection (b) of this section.
``(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the United
States Courts, prepare and furnish prison impact assessments under
subsection (c) of this section, and in response to requests from
Congress for information relating to a pending measure or matter that
might affect the number of defendants processed through the Federal
criminal justice system. A prison impact assessment on pending
legislation must be supplied within 14 days of any request. A prison
impact assessment shall include--
``(1) projections of the impact on prison, probation, and
post prison supervision populations;
``(2) an estimate of the fiscal impact of such population
changes on Federal expenditures, including those for
construction and operation of correctional facilities for the
current fiscal year and 5 succeeding fiscal years;
``(3) an analysis of any other significant factor affecting
the cost of the measure and its impact on the operations of
components of the criminal justice system; and
``(4) a statement of the methodologies and assumptions
utilized in preparing the assessment.
``(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment
reflecting the cumulative effect of all relevant changes in the law
taking effect during the preceding calendar year.''.
(b) Technical Amendment.--The chapter analysis for chapter 303 is
amended by adding at the end the following new item:
``4047. Prison impact assessments.''.
SEC. 1303. FEDERAL PRISONER DRUG TESTING.
(a) Short Title.--This title may be cited as the ``Federal Prisoner
Drug Testing Act of 1993''.
(b) Drug Testing Program.--(1) Chapter 229 of title 18, United
States Code, is amended by adding at the end the following new section:
``Sec. 3608. Drug testing of Federal offenders on post-conviction
release
``The Director of the Administrative Office of the United States
Courts, in consultation with the Attorney General and the Secretary of
Health and Human Services, shall, subject to the availability of
appropriations, establish a program of drug testing of Federal
offenders on post-conviction release. The program shall include such
standards and guidelines as the Director may determine necessary to
ensure the reliability and accuracy of the drug testing programs. In
each judicial district the chief probation officer shall arrange for
the drug testing of defendants on post-conviction release pursuant to a
conviction for a felony or other offense described in section
3563(a)(4) of this title. There are authorized to be appropriated for
each fiscal year such sums as are necessary to carry out this
section.''.
(2) The table of sections at the beginning of chapter 229 of title
18, United States Code, is amended by adding at the end the following:
``3608. Drug testing of Federal offenders on post-conviction
release.''.
(c) Conditions of Probation.--Section 3563(a) of title 18, United
States Code, is amended--
(1) in paragraph (2) by striking ``and'' after the
semicolon;
(2) in paragraph (3) by striking the period and inserting
``; and'';
(3) by adding at the end the following new paragraph:
``(4) for a felony, a misdemeanor, or an infraction, that
the defendant refrain from any unlawful use of a controlled
substance and submit to one drug test within 15 days of release
on probation and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance, but
the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the
defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by
the defendant.''; and
(4) by adding at the end the following: ``The results of a
drug test administered in accordance with paragraph (4) shall
be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A defendant who tests positive may be detained
pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using
gas chromatography/mass spectrometry techniques or such test as
the Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy.
Notwithstanding the requirements of section 3565(b), the court
shall consider the availability of appropriate substance abuse
treatment programs when considering any action against a
defendant who fails a drug test administered in accordance with
paragraph (4).''.
(d) Conditions on Supervised Release.--Section 3583(d) of title 18,
United States Code, is amended by inserting after the first sentence
the following: ``The court shall also order, as an explicit condition
of supervised release, that the defendant refrain from any unlawful use
of a controlled substance and submit to a drug test within 15 days of
release on supervised release and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a controlled
substance. The condition stated in the preceding sentence may be
ameliorated or suspended by the court as provided in section
3563(a)(4). The results of a drug test administered in accordance with
the preceding subsection shall be subject to confirmation only if the
results are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of the test.
A drug test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. Notwithstanding the
requirements of section 3583(g), the court shall consider the
availability of appropriate substance abuse treatment programs when
considering any action against a defendant who fails a drug test.''.
(e) Conditions of Parole.--Section 4209(a) of title 18, United
States Code, is amended by inserting after the first sentence the
following: ``In every case, the Commission shall also impose as a
condition of parole that the parolee pass a drug test prior to release
and refrain from any unlawful use of a controlled substance and submit
to at least 2 periodic drug tests (as determined by the Commission) for
use of a controlled substance. The condition stated in the preceding
sentence may be ameliorated or suspended by the Commission for any
individual parolee if it determines that there is good cause for doing
so. The results of a drug test administered in accordance with the
provisions of the preceding sentence shall be subject to confirmation
only if the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the
results of the test. A drug test confirmation shall be a urine drug
test confirmed using gas chromatography/mass spectrometry techniques or
such test as the Director of the Administrative Office of the United
States Courts after consultation with the Secretary of Health and Human
Services may determine to be of equivalent accuracy. Notwithstanding
the requirements of section 4214(f), the Commission shall consider the
availability of appropriate substance abuse treatment programs when
considering any action against a defendant who fails a drug test.''.
SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.
(a) Short Title.--This section may be cited as the ``Drug Treatment
in Federal Prisons Act of 1993''.
(b) Definitions.--As used in this section--
(1) the term ``residential substance abuse treatment''
means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities
set apart from the general prison population--
(A) directed at the substance abuse problems of the
prisoner; and
(B) intended to develop the prisoner's cognitive,
behavioral, social, vocational, and other skills so as
to solve the prisoner's substance abuse and related
problems; and
(2) the term ``eligible prisoner'' means a prisoner who
is--
(A) determined by the Bureau of Prisons to have a
substance abuse problem; and
(B) willing to participate in a residential
substance abuse treatment program.
(c) Implementation of Substance Abuse Treatment Requirement.--
(1) In order to carry out the requirement of the last
sentence of section 3621(b) of title 18, United States Code,
that every prisoner with a substance abuse problem have the
opportunity to participate in appropriate substance abuse
treatment, the Bureau of Prisons shall, subject to the
availability of appropriations, provide residential substance
abuse treatment--
(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995;
(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996; and
(C) for all eligible prisoners by the end of fiscal
year 1997 and thereafter.
(2) Section 3621 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Incentive for Prisoners' Successful Completion of Treatment
Program.--
``(1) Generally.--Any prisoner who, in the judgment of the
Director of the Bureau of Prisons, has successfully completed a
program of residential substance abuse treatment provided under
subsection (b) of this section, shall remain in the custody of
the Bureau for such time (as limited by paragraph (2) of this
subsection) and under such conditions, as the Bureau deems
appropriate. If the conditions of confinement are different
from those the prisoner would have experienced absent the
successful completion of the treatment, the Bureau shall
periodically test the prisoner for drug abuse and discontinue
such conditions on determining that drug abuse has recurred.
``(2) Period of Custody.--The period a prisoner convicted
of a nonviolent offense remains in custody after successfully
completing a treatment program shall not exceed the prison term
the law would otherwise require such prisoner to serve, but may
not be less than such term minus one year.''.
(d) Report.--The Bureau of Prisons shall transmit to the Congress
on January 1, 1993, and on January 1 of each year thereafter, a report.
Such report shall contain--
(1) a detailed quantitative and qualitative description of
each substance abuse treatment program, residential or not,
operated by the Bureau;
(2) a full explanation of how eligibility for such programs
is determined, with complete information on what proportion of
prisoners with substance abuse problems are eligible; and
(3) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 1995 and each fiscal year thereafter such
sums as may be necessary to carry out this title.
SEC. 1305. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND PROBATION.
(a) Imposition of Sentence.--Section 3572(a) of title 18, United
States Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) the expected costs to the government of any
imprisonment, supervised release, or probation component of the
sentence;''.
(b) Duties of the Sentencing Commission.--Section 994 of title 28,
United States Code, is amended by adding at the end the following new
subsection:
``(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected
costs to the Government of any imprisonment, supervised release, or
probation sentence that is ordered.''.
Subtitle B--State Prisons
SEC. 1321. BOOT CAMPS AND PRISONS FOR VIOLENT DRUG OFFENDERS.
(a) Definition.--In this section, ``boot camp prison program''
means a correctional program of not more than 6 months' duration
involving--
(1) assignment for participation in the program, in
conformity with State law, by prisoners other than prisoners
who have been convicted at any time of a violent felony;
(2) adherence by inmates to a highly regimented schedule
that involves strict discipline, physical training, and work;
(3) participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(4) aftercare services for inmates following release that
are coordinated with the program carried out during the period
of imprisonment.
(b) Establishment of Grant and Technical Assistance Program.--
(1) In general.--The Attorney General may make grants to
States and to multi-State compact associations for the purposes
of--
(A) developing, constructing, expanding, operating,
and improving boot camp prison programs, city or county
detention facilities, or low- to medium-security
prisons;
(B) developing, constructing, and operating prisons
that house and provide treatment for violent offenders
with serious substance abuse problems; and
(C) assisting in activating existing boot camp or
prison facilities that are unutilized or underutilized
because of lack of funding.
(2) Technical assistance.--The Attorney General may provide
technical assistance to grantees under this section.
(3) Utilization of private sector.--Nothing herein shall
prevent the utilization of any grant funds to contract with the
private sector to design, construct or provide any services
associated with any facilities funded herein.
(4) Utilization of components.--The Attorney General may
utilize any component or components of the Department of
Justice in carrying out this section.
(c) State and Multi-State Compact Applications.--
(1) In general.--To request a grant under this section, the
chief executive of a State or the coordinator of a multi-State
compact association shall submit an application to the Attorney
General in such form and containing such information as the
Attorney General may prescribe by regulation or guidelines. The
chief executive of a State or the coordinator of a multi-State
compact association may designate private sector participants
for the design, construction or provision of services
associated with any facilities for which funding is requested.
(2) Content of application.--In accordance with the
regulations or guidelines established by the Attorney General,
an application for a grant under this section shall--
(A) include a long-term strategy and detailed
implementation plan;
(B) include evidence of the existence of, and
describe the terms of, a multi-State compact for any
multiple-State plan;
(C) provide a description of any construction
activities, including cost estimates, that will be a
part of any plan;
(D) provide a description of the criteria for
selection of prisoners for participating in a boot camp
prison program or assignment to a regional prison or
activated prison or boot camp facility that is to be
funded;
(E) provide assurances that the boot camp prison
program, regional prison, or activated prison or boot
camp facility that receives funding will provide work
programs, education, job training, and appropriate drug
treatment for inmates;
(F) provide assurances that--
(i) prisoners who participate in a boot
camp prison program or are assigned to a
regional prison or activated prison or boot
camp facility that receives funding will be
provided with aftercare services; and
(ii) a substantial proportion of the
population of any regional prison that receives
funds under this section will be violent
offenders with serious substance abuse
problems, and provision of treatment for such
offenders will be a priority element of the
prison's mission;
(G) provide assurances that aftercare services will
involve the coordination of the boot camp prison
program, regional prison, or activated prison or boot
camp facility, with other human service and
rehabilitation programs (such as educational and job
training programs, drug counseling or treatment, parole
or other post-release supervision programs, halfway
house programs, job placement programs, and
participation in self-help and peer group programs)
that reduce the likelihood of further criminality by
prisoners who participate in a boot camp program or are
assigned to a regional prison or activated prison or
boot camp facility following release;
(H) explain the applicant's inability to fund the
program adequately without Federal assistance;
(I) identify related governmental and community
initiatives that complement or will be coordinated with
the proposal;
(J) certify that there has been appropriate
coordination with all affected agencies; and
(K) specify plans for obtaining necessary support
and continuing the proposed program following the
conclusion of Federal support.
(d) Limitations on Funds.--
(1) Nonsupplanting requirement.--Funds made available under
this section shall not be used to supplant State funds, but
shall be used to increase the amount of funds that would, in
the absence of Federal funds, be made available from State
sources.
(2) Administrative costs.--No more than 5 percent of the
funds available under this section may be used for
administrative costs.
(3) Matching funds.--The portion of the costs of a program
provided by a grant under this section may not exceed 75
percent of the total cost of the program as described in the
application.
(4) Duration of grants.--
(A) In general.--A grant under this section may be
renewed for up to 3 years beyond the initial year of
funding if the applicant demonstrates satisfactory
progress toward achievement of the objectives set out
in an approved application.
(B) Multiyear grants.--A multiyear grant may be
made under this section so long as the total duration
of the grant, including any renewals, does not exceed 4
years.
(e) Conversion of Property and Facilities at Closed or Realigned
Military Installations Into Boot Camp Prisons and Regional Prisons.--
(1) Definition.--In this subsection, ``base closure law''
means--
(A) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note);
(B) the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note);
(C) section 2687 of title 10, United States Code;
and
(D) any other similar law.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Attorney General shall prepare and
disseminate to State and local officials a report listing any
real property or facility located at a military installation to
be closed or realigned under a base closure law that is
suitable for use as a boot camp prison or regional prison. The
Attorney General shall periodically update this report for
dissemination to State and local officials.
(3) Applicability.--This subsection shall apply with
respect to property or facilities located at military
installations the closure or realignment of which commences
after the date of enactment of this Act.
(f) Performance Evaluation.--
(1) Evaluation components.--
(A) In general.--Each boot camp prison, regional
prison, and activated prison or boot camp facility
program funded under this section shall contain an
evaluation component developed pursuant to guidelines
established by the Attorney General.
(B) Outcome measures.--The evaluations required by
this paragraph shall include outcome measures that can
be used to determine the effectiveness of the funded
programs, including the effectiveness of such programs
in comparison with other correctional programs or
dispositions in reducing the incidence of recidivism.
(2) Periodic review and reports.--
(A) Review.--The Attorney General shall review the
performance of each grant recipient under this section.
(B) Reports.--The Attorney General may require a
grant recipient to submit to the Attorney General the
results of the evaluations required under paragraph (1)
and such other data and information as the Attorney
General deems reasonably necessary to carry out the
Attorney General's responsibilities under this section.
(3) Report to congress.--The Attorney General shall submit
an annual report to Congress describing the grants awarded
under this section and providing an assessment of the
operations of the programs receiving grants.
(g) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of the reviews required by subsection (f), or
otherwise, that a grant recipient under this section is not in
substantial compliance with the terms and requirements of an approved
grant application, the Attorney General may revoke or suspend funding
of the grant in whole or in part.
(h) Access to Documents.--The Attorney General and the Comptroller
General shall have access for the purpose of audit and examination to--
(1) the pertinent books, documents, papers, or records of a
grant recipient under this section; and
(2) the pertinent books, documents, papers, or records of
other persons and entities that are involved in programs for
which assistance is provided under this section.
(i) General Regulatory Authority.--The Attorney General may issue
regulations and guidelines to carry out this section.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000,000, to remain available
until expended.
(2) Use of appropriated funds.--No more than one-third of
the amounts appropriated under paragraph (1) may be used to
make grants for the construction, development, and operation of
regional prisons under subsection (b)(1)(B).
SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY.
(a) Feasibility Study.--The National Institute of Justice shall
study the feasibility of establishing a clearinghouse to provide
information to interested persons to facilitate the transfer of
prisoners in State correctional institutions to other such correctional
institutions, pursuant to the Interstate Corrections Compact or other
applicable interstate compact, for the purpose of allowing prisoners to
serve their prison sentences at correctional institutions in close
proximity to their families.
(b) Report to Congress.--The National Institute of Justice shall,
not later than 1 year after the date of the enactment of this Act,
submit to the Committees on the Judiciary of the House of
Representatives and the Senate a report containing the results of the
study conducted under subsection (a), together with any recommendations
the Institute may have on establishing a clearinghouse described in
such subsection.
(c) Definition.--For purposes of this section, the term ``State''
includes the District of Columbia and any territory or possession of
the United States.
SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND TREATMENT.
The Director of the National Institute of Justice shall--
(1) conduct a study to compare the recidivism rates of
individuals under the influence of alcohol or alcohol in
combination with other drugs at the time of their offense--
(A) who participated in a residential treatment
program while in the custody of the State; and
(B) who did not participate in a residential
treatment program while in the custody of the State;
and
(2) conduct a nationwide assessment regarding the use of
alcohol and alcohol in combination with other drugs as a factor
in violent, domestic, and general criminal activity.
SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended--
(1) by striking ``The Bureau'' and inserting ``(a) In
General.--The Bureau'';
(2) by striking ``This section'' and inserting ``(c)
Application of Section.--This section'';
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1) of this subsection--
(A) by striking ``Provide'' and inserting
``provide''; and
(B) by striking the period at the end and inserting
``; and'';
(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1) of this subsection, the following
new paragraph:
``(5) provide notice of release of prisoners in accordance
with subsection (b).''; and
(5) by inserting after subsection (a), as designated by
paragraph (1) of this subsection, the following new subsection:
``(b) Notice of Release of Prisoners.--(1) Except in the case of a
prisoner being protected under chapter 224, the Bureau of Prisons
shall, at least 5 days prior to the date on which a prisoner described
in paragraph (3) is to be released on supervised release, or, in the
case of a prisoner on supervised release, at least 5 days prior to the
date on which the prisoner changes residence to a new jurisdiction,
cause written notice of the release or change of residence to be made
to the chief law enforcement officer of the State and of the local
jurisdiction in which the prisoner will reside.
``(2) A notice under paragraph (1) shall disclose--
``(A) the prisoner's name;
``(B) the prisoner's criminal history, including a
description of the offense of which the prisoner was convicted;
and
``(C) any restrictions on conduct or other conditions to
the release of the prisoner that are imposed by law, the
sentencing court, or the Bureau of Prisons or any other Federal
agency.
``(3) A prisoner is described in this paragraph if the prisoner was
convicted of--
``(A) a drug trafficking crime, as that term is defined in
section 924(c)(2); or
``(B) a crime of violence, as that term is defined in
section 924(c)(3).
``(4) The notice provided under this section shall be used solely
for law enforcement purposes.''.
SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior
to November 1, 1987, the reference to supervised release in section
4042(b) of title 18, United States Code, shall be deemed to be a
reference to probation or parole.
Subtitle C--Grants Under the Juvenile Justice and Delinquency
Prevention Act of 1974
SEC. 1331. GRANTS FOR COMMUNITY-BASED VIOLENT-JUVENILE FACILITIES.
(a) In General.--The Attorney General, through the Bureau of
Prisons, may make grants to States and units of general local
government or combinations thereof to assist them in planning,
establishing, and operating secure facilities for violent and chronic
juvenile offenders. The mandate required by the Juvenile Justice and
Delinquency Prevention Act shall not apply to grants under this
subtitle.
(b) Authorization.--There are authorized to be appropriated
$100,000,000 for each of fiscal years 1994, 1995, 1996, 1997, 1998.
Subtitle D--Regional Prisons and State Prisons
SEC. 1341. REGIONAL PRISONS FOR VIOLENT CRIMINALS AND VIOLENT CRIMINAL
ALIENS.
(a) Definitions.--In this section--
``child abuse offense'' means an offense under Federal or
State law that constitutes sexual exploitation of children or
selling or buying of children within the meaning of chapter 110
of title 18, United States Code.
``firearm offense'' means an offense under Federal or State
law committed while the offender is in possession of a firearm
or while an accomplice of the offender, to the knowledge of the
offender, is in possession of a firearm.
``crime of violence'' means a felony offense under Federal
or State law that is a crime of violence within the meaning of
section 16 of title 18, United States Code.
``qualifying prisoner'' means--
(A) an alien who is in this country illegally or
unlawfully and who has been convicted of a crime of
violence (as defined in section 924(c)(3) of title 18,
United States Code) or a serious drug offense (as
defined in section 924(e)(2)(A) of title 18, United
States Code); and
(B) a violent criminal.
``sex offense'' means an offense under Federal or State law
that constitutes aggravated sexual abuse, sexual abuse, sexual
abuse of a minor or ward, or abusive sexual contact within the
meaning of chapter 109A of title 18, United States Code.
``violent criminal''--
(A) means a person convicted under Federal law of
an offense described in, under the circumstances
described in, the provisions of section 924 (c) or (e)
of title 18 or section 994(h) of title 28, United
States Code, or under State law for the same or a
similar offense; and
(B) insofar as any of the circumstances described
in an offense described in subparagraph (A) is the
prior conviction of an offense, includes a person who
had been adjudicated as a juvenile delinquent by reason
of the commission of an act that, if committed by an
adult, would constitute such an offense.
(b) Construction of Prisons.--(1) In general.--The Attorney General
shall, after consultation with State correctional administrators,
construct and operate a minimum of 10 regional prisons, situated
throughout the United States, each containing space for at least 2,500
inmates. The Attorney General may contract with the private sector to
design, construct or provide any services associated with the regional
prisons. At least 75 percent of the overall capacity of such prisons in
the aggregate shall be dedicated to qualifying prisoners from
qualifying States. In making a determination as to the location of
regional prisons, the Attorney General shall give appropriate
consideration to the feasibility of converting Federal correctional
complexes currently in the planning or construction phase.
(2) Consideration of Cost-Effective Alternatives and State
and Local Re-Use Plans.--(A) In determining where to locate any
of the regional prisons authorized in paragraph (1), and in
accordance with the Department of Justice's duty to review and
identify a use for any portion of an installation closed
pursuant to title II of the Defense Authorization Amendments
and Base Closure and Realignment Act (Public Law 100-526) and
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510) the Attorney General shall
consider--
(i) whether using any portion of a closed military
installation in the region or military installation
scheduled to be closed in the region provides a cost-
effective alternative to the purchase of real property
or construction of new prison facilities;
(ii) whether such use is consistent with a
reutilization and redevelopment plan. Consent must be
obtained from the local re-use authority for the
military installation, recognized and funded by the
Secretary of Defense, before the Attorney General may
proceed with plans for the design or construction of a
prison authorized in paragraph 1; and
(iii) giving priority consideration to any
installation located in a rural area whose closure
under this title will have a substantial adverse impact
on the economy of the communities for the economic
recovery of such communities from such closure.
(B) Before proceeding with plans for the design or
construction of a prison authorized in paragraph (1), the
Attorney General shall submit to Congress a report explaining
the basis of the decision on where to locate the new prison
facility.
(C) If the Attorney General decides not to utilize any
portion of a closed military installation or an installation
scheduled to be closed for locating a regional prison, the
report shall include an analysis of why installations in the
region, the use of which as a prison would be consistent with a
reutilization and redevelopment plan, do not provide a cost-
effective alternative to the purchase of real property or
construction of new facilities.
(D) The Attorney General shall obtain all information
necessary to determine whether any portion of a closed military
installation in the region or military installation scheduled
to be closed in the region is a cost-effective alternative to
the purchase of real property or construction of new prison
facilities.
(c) Acceptance of Prisoners.--Any qualifying State may apply to the
Attorney General to accept any qualifying prisoner. If, in the Attorney
General's judgment there are likely to be more qualifying prisoners
than there is space available, then to the extent that the Attorney
General deems it practicable, the Attorney General should seek to
allocate space among qualifying States in a proportion similar to the
number of qualifying prisoners held by that State in relation to the
total number of qualifying prisoners from qualifying States.
(d) Qualifying State.--
(1) In general.--The Attorney General shall not certify a
State as a qualifying State under this section unless the State
is providing--
(A) truth in sentencing with respect to any felony
crime of violence involving the use or attempted use of
force against a person, or use of a firearm against a
person for which a maximum sentence of 5 years or more
is authorized that is consistent with that provided in
the Federal system in chapter 229 of title 18, United
States Code, which provides that defendants will serve
at least 85 percent of the sentence ordered and which
provides for a binding sentencing guideline system in
which sentencing judges' discretion is limited to
ensure greater uniformity in sentencing;
(B) pretrial detention similar to that provided in
the Federal system under section 3142 of title 18,
United States Code;
(C) sentences for firearm offenders where death or
serious bodily injury results, murderers, sex
offenders, and child abuse offenders that, after
application of relevant sentencing guidelines, result
in the imposition of sentences that are at least as
long as those imposed under Federal law (after
application of relevant sentencing guidelines); and
(D) suitable recognition for the rights of victims,
including consideration of the victim's perspective at
all appropriate stages of criminal proceedings.
(2) Disqualification.--The Attorney General shall withdraw
a State's status as a qualifying State if the Attorney General
finds that the State no longer appropriately provides for the
matters described in paragraph (1) or has ceased making
substantial progress toward attaining them, in which event the
State shall no longer be entitled to the benefits of this
section, except to the extent the Attorney General otherwise
directs.
(3) Waiver.--The Attorney General may waive, for no more
than one year, any of the requirements of this subsection with
respect to a particular State if the Attorney General certifies
that, in the Attorney General's judgment, there are compelling
law enforcement reasons for doing so. Any State granted any
such waiver shall be treated as a qualifying State for all
purposes of this subtitle, unless the Attorney General
otherwise directs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $600,000,000 for fiscal year 1994;
(2) $600,000,000 for fiscal year 1995;
(3) $600,000,000 for fiscal year 1996;
(4) $600,000,000 for fiscal year 1997; and
(5) $600,000,000 for fiscal year 1998.
Subtitle E--Violent Crime Reduction Trust Fund
SEC. 1351. PURPOSES.
The Congress declares it essential--
(1) to fully fund the control and prevention of violent
crime authorized in this Act over the next 5 years;
(2) to ensure orderly limitation and reduction of Federal
Government employment, as recommended by the Report of the
National Performance Review, conducted by the Vice President;
and
(3) to apply sufficient amounts of the savings achieved by
limiting Government employment to the purpose of ensuring full
funding of this Act over the next 5 years.
SEC. 1352. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS.
(a) Definition.--For purposes of this section, the term ``agency''
means an Executive agency as defined under section 105 of title 5,
United States Code, but does not include the General Accounting Office.
(b) Limitations on Full-Time Equivalent Positions.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall ensure that the total number of
full-time equivalent positions in all agencies shall not exceed--
(1) 2,095,182 during fiscal year 1994;
(2) 2,044,100 during fiscal year 1995;
(3) 2,003,846 during fiscal year 1996;
(4) 1,963,593 during fiscal year 1997; and
(5) 1,923,339 during fiscal year 1998.
(c) Monitoring and Notification.--The Office of Management and
Budget, after consultation with the Office of Personnel Management,
shall--
(1) continuously monitor all agencies and make a
determination on the first date of each quarter of each
applicable fiscal year of whether the requirements under
subsection (b) are met; and
(2) notify the President and the Congress on the first date
of each quarter of each applicable fiscal year of any
determination that any requirement of subsection (b) is not
met.
(d) Compliance.--If at any time during a fiscal year, the Office of
Management and Budget notifies the President and the Congress that any
requirement under subsection (b) is not met, no agency may hire any
employee for any position is such agency until the Office of Management
and Budget notifies the President and the Congress that the total
number of full-time equivalent positions for all agencies equals or is
less than the applicable number required under subsection (b).
(e) Waiver.--Any provision of this section may be waived upon--
(1) a determination by the President of the existence of
war or a national security requirement; or
(2) the enactment of a joint resolution upon an affirmative
vote of three-fifths of the Members of each House of the
Congress duly chosen and sworn.
SEC. 1353. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) Establishment of the Account.--Chapter 11 of title 31, United
States Code, is amended by inserting at the end thereof the following
new section:
``Sec. 1115. Violent crime reduction trust fund
``(a) There is established a separate account in the Treasury,
known as the `Violent Crime Reduction Trust Fund', into which shall be
deposited deficit reduction achieved by section 1352 of the Violent
Crime Control and Law Enforcement Act of 1993 sufficient to fund that
Act (as defined in subsection (b) of this section).
``(b) On the first day of the following fiscal years (or as soon
thereafter as possible for fiscal year 1994), the following amounts
shall be transferred from the general fund to the Violent Crime
Reduction Trust Fund--
``(1) for fiscal year 1994, $720,000,000;
``(2) for fiscal year 1995, $2,423,000,000;
``(3) for fiscal year 1996, $4,267,000,000;
``(4) for fiscal year 1997, $6,313,000,000; and
``(5) for fiscal year 1998, $8,545,000,000.
``(c) Notwithstanding any other provision of law--
``(1) the amounts in the Violent Crime Reduction Trust Fund
may be appropriated exclusively for the purposes authorized in
the Violent Crime Control and Law Enforcement Act of 1993;
``(2) the amounts in the Violent Crime Reduction Trust Fund
and appropriations under paragraph (1) of this section shall be
excluded from, and shall not be taken into account for purposes
of, any budget enforcement procedures under the Congressional
Budget Act of 1974 or the Balanced Budget and Emergency Deficit
Control Act of 1985; and
``(3) for purposes of this subsection, `appropriations
under paragraph (1)' mean amounts of budget authority not to
exceed the balances of the Violent Crime Reduction Trust Fund
and amounts of outlays that flow from budget authority actually
appropriated.''.
(b) Listing of the Violent Crime Reduction Trust Fund Among
Government Trust Funds.--Section 1321(a) of title 31, United States
Code, is amended by inserting at the end thereof the following new
paragraph:
``(91) Violent Crime Reduction Trust Fund.''.
(c) Requirement for the President To Report Annually on the Status
of the Account.--Section 1105(a) of title 31, United States Code, is
amended by adding at the end thereof:
``(29) information about the Violent Crime Reduction Trust
Fund, including a separate statement of amounts in that Trust
Fund.
``(30) an analysis displaying by agency proposed reductions
in full-time equivalent positions compared to the current
year's level in order to comply with section 1352 of the
Violent Crime Control and Law Enforcement Act of 1993.''.
SEC. 1354. CONFORMING REDUCTION IN DISCRETIONARY SPENDING LIMITS.
The Director of the Office of Management and Budget shall, upon
enactment of this Act, reduce the discretionary spending limits set
forth in section 601(a)(2) of the Congressional Budget Act of 1974 for
fiscal years 1994 through 1998 as follows:
(1) for fiscal year 1994, for the discretionary category:
$720,000,000 in new budget authority and $314,000,000 in
outlays;
(2) for fiscal year 1995, for the discretionary category:
$2,423,000,000 in new budget authority and $2,330,000,000 in
outlays;
(3) for fiscal year 1996, for the discretionary category:
$4,267,000,000 in new budget authority and $4,184,000,000 in
outlays;
(4) for fiscal year 1997, for the discretionary category:
$6,313,000,000 in new budget authority and $6,221,000,000 in
outlays; and
(5) for fiscal year 1998, for the discretionary category:
$8,545,000,000 in new budget authority and $8,443,000,000 in
outlays.
TITLE XIV--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas
SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) Authorization of Appropriations.--Section 1001(a)(9) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to
read as follows:
``(9) There are authorized to be appropriated to carry out part O
$50,000,000 for each of fiscal years 1994, 1995, 1996, 1997, and
1998.''.
(b) Amendment to Base Allocation.--Section 1501(a)(2)(A) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by
striking ``$100,000'' and inserting ``$250,000''.
SEC. 1402. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Attorney General, in consultation with the
Governors, mayors, and chief executive officers of State and local law
enforcement agencies, shall establish a Rural Crime and Drug
Enforcement Task Force in each of the Federal judicial districts which
encompass significant rural lands. Assets seized as a result of
investigations initiated by a Rural Drug Enforcement Task Force shall
be used primarily to enhance the operations of the task force and its
participating State and local law enforcement agencies.
(b) Task Force Membership.--The task forces established under
subsection (a) shall be chaired by the United States Attorney for the
respective Federal judicial district. The task forces shall include
representatives from--
(1) State and local law enforcement agencies;
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United States Park
Police, United States Forest Service and Bureau of Land
Management, and such other Federal law enforcement agencies as
the Attorney General may direct.
SEC. 1403. CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) In General.--The Attorney General may cross-designate up to 100
law enforcement officers from each of the agencies specified under
section 1502(b)(6) of the Omnibus Crime Control and Safe Streets Act of
1968 with jurisdiction to enforce the provisions of the Controlled
Substances Act on non-Federal lands and title 18 of the United States
Code to the extent necessary to effect the purposes of this Act.
(b) Adequate Staffing.--The Attorney General shall, subject to the
availability of appropriations, ensure that each of the task forces
established in accordance with this title are adequately staffed with
investigators and that additional investigators are provided when
requested by the task force.
SEC. 1404. RURAL DRUG ENFORCEMENT TRAINING.
(a) Specialized Training for Rural Officers.--The Director of the
Federal Law Enforcement Training Center shall develop a specialized
course of instruction devoted to training law enforcement officers from
rural agencies in the investigation of drug trafficking and related
crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $1,000,000 for each of fiscal
years 1994, 1995, 1996, 1997, and 1998.
SEC. 1405. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents $20,000,000 for each
of fiscal years 1994, 1995, 1996, 1997, and 1998.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
SEC. 1411. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS.
(a) Short Title.--This section may be cited as the ``Drug Free
Truck Stop Act''.
(b) Amendment to Controlled Substances Act.--
(1) In general.--Part D of the Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended by inserting after section
408 the following new section:
``transportation safety offenses
``Sec. 409. (a) Definitions.--In this section--
```safety rest area' means a roadside facility with parking
facilities for the rest or other needs of motorists.
```truck stop' means a facility (including any parking lot
appurtenant thereto) that--
``(A) has the capacity to provide fuel or service,
or both, to any commercial motor vehicle (as defined
under section 12019 of the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. App. 2716)) operating in
commerce (as defined in that section); and
``(B) is located within 2,500 feet of the National
System of Interstate and Defense Highways or the
Federal-Aid Primary System.
``(b) First Offense.--A person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck stop or
safety rest area is (except as provided in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section
401(b); and
``(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
``(c) Subsequent Offense.--A person who violates section 401(a)(1)
or section 416 by distributing or possessing with intent to distribute
a controlled substance in or on, or within 1,000 feet of, a truck stop
or a safety rest area after a prior conviction or convictions under
subsection (a) have become final is subject to--
``(1) 3 times the maximum punishment authorized by section
401(b); and
``(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.''.
(2) Technical amendments.--
(A) Cross reference.--Section 401(b) of the
Controlled Substances Act (21 U.S.C. 841(b)) is amended
by inserting ``409,'' before ``418,'' each place it
appears.
(B) Table of contents.--The table of contents of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 is amended by striking the item relating to
section 409 and inserting the following new item:
``Sec. 409. Transportation safety offenses.''.
(c) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and section 21 of the Sentencing
Act of 1987 (28 U.S.C. 994 note), the United States Sentencing
Commission shall promulgate guidelines, or shall amend existing
guidelines, to provide an appropriate enhancement of punishment for a
defendant convicted of violating section 409 of the Controlled
Substances Act, as added by subsection (b).
Subtitle C--Rural Domestic Violence and Child Abuse Enforcement
SEC. 1421. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) Grants.--The Attorney General may make grants to units of State
and local governments of rural States, and to other public or private
entities of rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
victim advocacy groups, and other related parties to
investigate and prosecute incidents of domestic violence and
child abuse;
(2) to provide treatment and counseling to victims of
domestic violence and child abuse; and
(3) to work in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
(b) Definition.--In this section, ``rural State'' has the meaning
stated in section 1501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796bb(B)).
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
1995, 1996, and 1997.
(2) Additional funding.--In addition to funds received
under a grant under subsection (a), a law enforcement agency
may use funds received under a grant under section 103 to
accomplish the objectives of this section.
TITLE XV--DRUG CONTROL
Subtitle A--Increased Penalties
SEC. 1501. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.
Section 1791 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting before ``Any'' the
following new sentence: ``Any punishment imposed under
subsection (b) for a violation of this section involving a
controlled substance shall be consecutive to any other sentence
imposed by any court for an offense involving such a controlled
substance.'';
(2) in subsection (d)(1)(A), by inserting after ``a firearm
or destructive device'' the following: ``or a controlled
substance in schedule I or II, other than marijuana or a
controlled substance referred to in subparagraph (C) of this
subsection'';
(3) in subsection (d)(1)(B), by inserting before
``ammunition,'' the following: ``marijuana or a controlled
substance in schedule III, other than a controlled substance
referred to in subparagraph (C) of this subsection,'';
(4) in subsection (d)(1)(C), by inserting
``methamphetamine, its salts, isomers, and salts of its
isomers,'' after ``a narcotic drug,'';
(5) in subsection (d)(1)(D), by inserting ``(A), (B), or''
before ``(C)''; and
(6) in subsection (b), by striking ``(c)'' each place it
appears and inserting ``(d)''.
SEC. 1502. CLOSING OF LOOPHOLE FOR ILLEGAL IMPORTATION OF SMALL DRUG
QUANTITIES.
Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C.
1497(a)(2)(A)) is amended by adding ``or $500, whichever is greater''
after ``value of the article''.
SEC. 1503. PENALTIES FOR DRUG DEALING IN PUBLIC HOUSING AUTHORITY
FACILITIES.
Section 419 of the Controlled Substances Act (21 U.S.C. 860) is
amended--
(1) in subsection (a) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''; and
(2) in subsection (b) by striking ``playground, or within''
and inserting ``playground, or housing facility owned by a
public housing authority, or within''.
SEC. 1504. ANABOLIC STEROIDS PENALTIES.
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is
amended by inserting after subsection (a) the following:
``(b)(1) Whoever, being a physical trainer or adviser to an
individual, endeavors to persuade or induce that individual to possess
or use anabolic steroids in violation of subsection (a), shall be fined
under title 18, United States Code, or imprisoned not more than 2
years, or both. If such individual has not attained the age of 18
years, the maximum imprisonment shall be 5 years.
``(2) As used in this subsection, the term `physical trainer or
adviser' means any professional or amateur coach, manager, trainer,
instructor, or other such person, who provides any athletic or physical
instruction, training, advice, assistance, or other such service to any
person.''.
SEC. 1505. INCREASED PENALTIES FOR DRUG-DEALING IN ``DRUG-FREE'' ZONES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend
existing guidelines to provide that a defendant convicted of violating
section 419 of the Controlled Substances Act (21 U.S.C. 860) shall be
assigned an offense level under chapter 2 of the sentencing guidelines
that is no less than level 20.
SEC. 1506. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS.
(a) Declaration of Policy.--It is the policy of the Federal
Government that the use or distribution of illegal drugs in the
Nation's Federal prisons will not be tolerated and that such crimes
shall be prosecuted to the fullest extent of the law.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, the United States Sentencing
Commission shall amend its sentencing guidelines to appropriately
enhance the penalty for a person convicted of an offense--
(1) under section 404 of the Controlled Substances Act
involving simple possession of a controlled substance within a
Federal prison or other Federal detention facility; or
(2) under section 401(b) of the Controlled Substances Act
involving the smuggling of a controlled substance into a
Federal prison or other Federal detention facility or the
distribution or intended distribution of a controlled substance
within a Federal prison or other Federal detention facility.
(c) No Probation or Suspension of Sentence.--Notwithstanding any
other law, the court shall not place on probation or suspend the
sentence of a person convicted of an offense described in subsection
(b).
Subtitle B--Precursor Chemicals Act
SEC. 1511. SHORT TITLE.
This title may be cited as the ``Chemical Control Amendments Act of
1993''.
SEC. 1512. DEFINITION AMENDMENTS.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) in paragraph (33) by striking ``any listed precursor
chemical or listed essential chemical'' and inserting ``any
list I chemical or any list II chemical'';
(2) in paragraph (34)--
(A) by striking ``listed precursor chemical'' and
inserting ``list I chemical''; and
(B) by striking ``critical to the creation'' and
inserting ``important to the manufacturer'';
(3) in paragraph (34) (A), (F), and (H), by inserting ``,
its esters'' before ``and'';
(4) in paragraph (35)--
(A) by striking ``listed essential chemical'' and
inserting ``list II chemical'';
(B) by inserting ``(other than a list I chemical)''
before ``specified''; and
(C) by striking ``as a solvent, reagent, or
catalyst'';
(5) in paragraph (38) by inserting ``or who acts as a
broker or trader for an international transaction involving a
listed chemical, a tableting machine, or an encapsulating
machine'' before the period;
(6) in paragraph (39)(A)--
(A) by striking ``importation or exportation of''
and inserting ``importation, or exportation of, or an
international transaction involving shipment of,'';
(B) in clause (iii) by inserting ``or any category
of transaction for a specific listed chemical or
chemicals'' after ``transaction'';
(C) by amending clause (iv) to read as follows:
``(iv) any transaction in a listed chemical that is
contained in a drug that may be marketed or distributed
lawfully in the United States under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless--
``(I)(aa) the drug contains ephedrine or
its salts, optical isomers, or salts of optical
isomers as the only active medicinal ingredient
or contains ephedrine and therapeutically
insignificant quantities of another active
medicinal ingredient; or
``(bb) the Attorney General has determined
under section 204 that the drug or group of
drugs is being diverted to obtain the listed
chemical for use in the illicit production of a
controlled substance; and
``(II) the quantity of ephedrine or other
listed chemical contained in the drug included
in the transaction or multiple transactions
equals or exceeds the threshold established for
that chemical by the Attorney General.''; and
(D) in clause (v) by striking the semicolon and
inserting ``which the Attorney General has by
regulation designated as exempt from the application of
this title and title II based on a finding that the
mixture is formulated in such a way that it cannot be
easily used in the illicit production of a controlled
substance and that the listed chemical or chemicals
contained in the mixture cannot be readily
recovered;'';
(7) in paragraph (40) by striking ``listed precursor
chemical or a listed essential chemical'' each place it appears
and inserting ``list I chemical or a list II chemical''; and
(8) by adding at the end the following new paragraphs:
``(43) The term `international transaction' means a transaction
involving the shipment of a listed chemical across an international
border (other than a United States border) in which a broker or trader
located in the United States participates.
``(44) The terms `broker' and `trader' mean a person that assists
in arranging an international transaction in a listed chemical by--
``(A) negotiating contracts;
``(B) serving as an agent or intermediary; or
``(C) bringing together a buyer and seller, buyer and
transporter, or a seller and transporter.''.
(b) Removal of Exemption of Certain Drugs.--
(1) Procedure.--Part B of the Controlled Substances Act (21
U.S.C. 811 et seq.) is amended by adding at the end the
following new section:
``removal of exemption of certain drugs
``Sec. 204. (a) Removal of Exemption.--The Attorney General shall
by regulation remove from exemption under section 102(39)(A)(iv)(II) a
drug or group of drugs that the Attorney General finds is being
diverted to obtain a listed chemical for use in the illicit production
of a controlled substance.
``(b) Factors To Be Considered.--In removing a drug or group of
drugs from exemption under subsection (a), the Attorney General shall
consider, with respect to a drug or group of drugs that is proposed to
be removed from exemption--
``(1) the scope, duration, and significance of the
diversion;
``(2) whether the drug or group of drugs is formulated in
such a way that it cannot be easily used in the illicit
production of a controlled substance; and
``(3) whether the listed chemical can be readily recovered
from the drug or group of drugs.
``(c) Specificity of Designation.--The Attorney General shall limit
the designation of a drug or a group of drugs removed from exemption
under subsection (a) to the most particularly identifiable type of drug
or group of drugs for which evidence of diversion exists unless there
is evidence, based on the pattern of diversion and other relevant
factors, that the diversion will not be limited to that particular drug
or group of drugs.
``(d) Reinstatement of Exemption With Respect to Particular Drug
Products.--
``(1) Reinstatement.--On application by a manufacturer of a
particular drug product that has been removed from exemption
under subsection (a), the Attorney General shall by regulation
reinstate the exemption with respect to that particular drug
product if the Attorney General determines that the particular
drug product is manufactured and distributed in a manner that
prevents diversion.
``(2) Factors to be considered.--In deciding whether to
reinstate the exemption with respect to a particular drug
product under paragraph (1), the Attorney General shall
consider--
``(A) the package sizes and manner of packaging of
the drug product;
``(B) the manner of distribution and advertising of
the drug product;
``(C) evidence of diversion of the drug product;
``(D) any actions taken by the manufacturer to
prevent diversion of the drug product; and
``(E) such other factors as are relevant to and
consistent with the public health and safety, including
the factors described in subsection (b) as applied to
the drug product.
``(3) Status pending application for reinstatement.--A
transaction involving a particular drug product that is the
subject of a bona fide pending application for reinstatement of
exemption filed with the Attorney General not later than 60
days after a regulation removing the exemption is issued
pursuant to subsection (a) shall not be considered to be a
regulated transaction if the transaction occurs during the
pendency of the application and, if the Attorney General denies
the application, during the period of 60 days following the
date on which the Attorney General denies the application,
unless--
``(A) the Attorney General has evidence that,
applying the factors described in subsection (b) to the
drug product, the drug product is being diverted; and
``(B) the Attorney General so notifies the
applicant.
``(4) Amendment and modification.--A regulation reinstating
an exemption under paragraph (1) may be modified or revoked
with respect to a particular drug product upon a finding that--
``(A) applying the factors described in subsection
(b) to the drug product, the drug product is being
diverted; or
``(B) there is a significant change in the data
that led to the issuance of the regulation.''.
(2) Technical amendment.--The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (84
Stat. 1236) is amended by adding at the end of the section
relating to part B of title II the following new item:
``Sec. 204. Removal of exemption of certain drugs.''.
(c) Regulation of Listed Chemicals.--Section 310 of the Controlled
Substances Act (21 U.S.C. 830) is amended--
(1) in subsection (a)(1)--
(A) by striking ``precursor chemical'' and
inserting ``list I chemical''; and
(B) in subparagraph (B) by striking ``an essential
chemical'' and inserting ``a list II chemical''; and
(2) in subsection (c)(2)(D) by striking ``precursor
chemical'' and inserting ``chemical control''.
SEC. 1513. REGISTRATION REQUIREMENTS.
(a) Rules and Regulations.--Section 301 of the Controlled
Substances Act (21 U.S.C. 821) is amended by striking the period and
inserting ``and to the registration and control of regulated persons
and of regulated transactions.''.
(b) Persons Required To Register Under Section 302.--Section 302 of
the Controlled Substances Act (21 U.S.C. 822) is amended--
(1) in subsection (a)(1) by inserting ``or list I
chemical'' after ``controlled substance'' each place it
appears;
(2) in subsection (b)--
(A) by inserting ``or list I chemicals'' after
``controlled substances''; and
(B) by inserting ``or chemicals'' after ``such
substances'';
(3) in subsection (c) by inserting ``or list I chemical''
after ``controlled substance'' each place it appears; and
(4) in subsection (e) by inserting ``or list I chemicals''
after ``controlled substances''.
(c) Registration Requirements Under Section 303.--Section 303 of
the Controlled Substances Act (21 U.S.C. 823) is amended by adding at
the end the following new subsection:
``(h) The Attorney General shall register an applicant to
distribute a list I chemical unless the Attorney General determines
that registration of the applicant is inconsistent with the public
interest. Registration under this subsection shall not be required for
the distribution of a drug product that is exempted under section
102(39)(A)(iv). In determining the public interest for the purposes of
this subsection, the Attorney General shall consider--
``(1) maintenance by the applicant of effective controls
against diversion of listed chemicals into other than
legitimate channels;
``(2) compliance by the applicant with applicable Federal,
State and local law;
``(3) any prior conviction record of the applicant under
Federal or State laws relating to controlled substances or to
chemicals controlled under Federal or State law;
``(4) any past experience of the applicant in the
manufacture and distribution of chemicals; and
``(5) such other factors as are relevant to and consistent
with the public health and safety.''.
(d) Denial, Revocation, or Suspension of Registration.--Section 304
of the Controlled Substances Act (21 U.S.C. 824) is amended--
(1) in subsection (a)--
(A) by inserting ``or a list I chemical'' after
``controlled substance'' each place it appears; and
(B) by inserting ``or list I chemicals'' after
``controlled substances'';
(2) in subsection (b) by inserting ``or list I chemical''
after ``controlled substance'';
(3) in subsection (f) by inserting ``or list I chemicals''
after ``controlled substances'' each place it appears; and
(4) in subsection (g)--
(A) by inserting ``or list I chemicals'' after
``controlled substances'' each place it appears; and
(B) by inserting ``or list I chemical'' after
``controlled substance'' each place it appears.
(e) Persons Required To Register Under Section 1007.--Section 1007
of the Controlled Substances Import and Export Act (21 U.S.C. 957) is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``or list I
chemical'' after ``controlled substance''; and
(B) in paragraph (2) by striking ``in schedule I,
II, III, IV, or V,'' and inserting ``or list I
chemical,''; and
(2) in subsection (b)--
(A) in paragraph (1) by inserting ``or list I
chemical'' after ``controlled substance'' each place it
appears; and
(B) in paragraph (2) by inserting ``or list I
chemicals'' after ``controlled substances''.
(f) Registration Requirements Under Section 1008.--Section 1008 of
the Controlled Substances Import and Export Act (21 U.S.C. 958) is
amended--
(1) in subsection (c)--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following new
paragraph:
``(2)(A) The Attorney General shall register an applicant to import
or export a list I chemical unless the Attorney General determines that
registration of the applicant is inconsistent with the public interest.
Registration under this subsection shall not be required for the import
or export of a drug product that is exempted under section
102(39)(A)(iv).
``(B) In determining the public interest for the purposes of
subparagraph (A), the Attorney General shall consider the factors
specified in section 303(h).'';
(2) in subsection (d)--
(A) in paragraph (3) by inserting ``or list I
chemical or chemicals,'' after ``substances,''; and
(B) in paragraph (6) by inserting ``or list I
chemicals'' after ``controlled substances'' each place
it appears;
(3) in subsection (e) by striking ``and 307'' and inserting
``307, and 310''; and
(4) in subsections (f), (g), and (h) by inserting ``or list
I chemicals'' after ``controlled substances'' each place it
appears.
(g) Prohibited Acts C.--Section 403(a) of the Controlled Substances
Act (21 U.S.C. 843(a)) is amended--
(1) by striking ``or'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) if the person is a regulated person, to distribute,
import, or export a list I chemical without the registration
required by this Act.''.
SEC. 1514. REPORTING OF LISTED CHEMICAL MANUFACTURING.
Section 310(b) of the Controlled Substances Act (21 U.S.C. 830(b))
is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(3) by striking ``paragraph (1)'' each place it appears and
inserting ``subparagraph (A)'';
(4) by striking ``paragraph (2)'' and inserting
``subparagraph (B)'';
(5) by striking ``paragraph (3)'' and inserting
``subparagraph (C)''; and
(6) by adding at the end the following new paragraph:
``(2) A regulated person that manufactures a listed
chemical shall report annually to the Attorney General, in such
form and manner and containing such specific data as the
Attorney General shall prescribe by regulation, information
concerning listed chemicals manufactured by the person. The
requirement of the preceding sentence shall not apply to the
manufacture of a drug product that is exempted under section
102(39)(A)(iv).''.
SEC. 1515. REPORTS BY BROKERS AND TRADERS; CRIMINAL PENALTIES.
(a) Notification, Suspension of Shipment, and Penalties With
Respect to Importation and Exportation of Listed Chemicals.--Section
1018 of the Controlled Substances Import and Export Act (21 U.S.C. 971)
is amended by adding at the end the following new subsection:
``(d) A person located in the United States who is a broker or
trader for an international transaction in a listed chemical that is a
regulated transaction solely because of that person's involvement as a
broker or trader shall, with respect to that transaction, be subject to
all of the notification, reporting, recordkeeping, and other
requirements placed upon exporters of listed chemicals by this title
and title II.''.
(b) Prohibited Acts A.--Section 1010(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(d)) is amended to read
as follows:
``(d) A person who knowingly or intentionally--
``(1) imports or exports a listed chemical with intent to
manufacture a controlled substance in violation of this title
or title II;
``(2) exports a listed chemical in violation of the laws of
the country to which the chemical is exported or serves as a
broker or trader for an international transaction involving a
listed chemical, if the transaction is in violation of the laws
of the country to which the chemical is exported;
``(3) imports or exports a listed chemical knowing, or
having reasonable cause to believe, that the chemical will be
used to manufacture a controlled substance in violation of this
title or title II; or
``(4) exports a listed chemical, or serves as a broker or
trader for an international transaction involving a listed
chemical, knowing, or having reasonable cause to believe, that
the chemical will be used to manufacture a controlled substance
in violation of the laws of the country to which the chemical
is exported,
shall be fined in accordance with title 18, imprisoned not more than 10
years, or both.''.
SEC. 1516. EXEMPTION AUTHORITY; ADDITIONAL PENALTIES.
(a) Notification Requirement.--Section 1018 of the Controlled
Substances Import and Export Act (21 U.S.C. 971), as amended by section
5(a), is amended by adding at the end the following new subsection:
``(e)(1) The Attorney General may by regulation require that the
15-day notification requirement of subsection (a) apply to all exports
of a listed chemical to a specified country, regardless of the status
of certain customers in such country as regular customers, if the
Attorney General finds that such notification is necessary to support
effective chemical diversion control programs or is required by treaty
or other international agreement to which the United States is a party.
``(2) The Attorney General may by regulation waive the 15-day
notification requirement for exports of a listed chemical to a
specified country if the Attorney General determines that such
notification is not required for effective chemical diversion control.
If the notification requirement is waived, exporters of the listed
chemical shall be required to submit to the Attorney General reports of
individual exportations or periodic reports of such exportation of the
listed chemical, at such time or times and containing such information
as the Attorney General shall establish by regulation.
``(3) The Attorney General may by regulation waive the 15-day
notification requirement for the importation of a listed chemical if
the Attorney General determines that such notification is not necessary
for effective chemical diversion control. If the notification
requirement is waived, importers of the listed chemical shall be
required to submit to the Attorney General reports of individual
importations or periodic reports of the importation of the listed
chemical, at such time or times and containing such information as the
Attorney General shall establish by regulation.''.
(b) Prohibited Acts A.--Section 1010(d) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(d)), as amended by
section 5(b), is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the comma at the end of paragraph (4) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) imports or exports a listed chemical, with the intent
to evade the reporting or recordkeeping requirements of section
1018 applicable to such importation or exportation by falsely
representing to the Attorney General that the importation or
exportation qualifies for a waiver of the 15-day notification
requirement granted pursuant to section 1018(e) (2) or (3) by
misrepresenting the actual country of final destination of the
listed chemical or the actual listed chemical being imported or
exported; or
``(6) imports or exports a listed chemical in violation of
section 1007 or 1018,''.
SEC. 1517. AMENDMENTS TO LIST I.
Section 102(34) of the Controlled Substances Act (21 U.S.C.
802(34)) is amended--
(1) by striking subparagraphs (O), (U), and (W);
(2) by redesignating subparagraphs (P) through (T) as (O)
through (S), subparagraph (V) as (T), and subparagraphs (X) and
(Y) as (U) and (X), respectively;
(3) in subparagraph (X), as redesignated by paragraph (2),
by striking ``(X)'' and inserting ``(U)''; and
(4) by inserting after subparagraph (U), as redesignated by
paragraph (2), the following new subparagraphs:
``(V) benzaldehyde.
``(W) nitroethane.''.
SEC. 1518. ELIMINATION OF REGULAR SUPPLIER STATUS AND CREATION OF
REGULAR IMPORTER STATUS.
(a) Definition.--Section 102(37) of the Controlled Substances Act
(21 U.S.C. 802(37)) is amended to read as follows:
``(37) The term `regular importer' means, with respect to a listed
chemical, a person that has an established record as an importer of
that listed chemical that is reported to the Attorney General.''.
(b) Notification.--Section 1018 of the Controlled Substances Act
(21 U.S.C. 971) is amended--
(1) in subsection (b)--
(A) in paragraph (1) by striking ``regular supplier
of the regulated person'' and inserting ``to an
importation by a regular importer''; and
(B) in paragraph (2)--
(i) by striking ``a customer or supplier of
a regulated person'' and inserting ``a customer
of a regulated person or to an importer''; and
(ii) by striking ``regular supplier'' and
inserting ``the importer as a regular
importer''; and
(2) in subsection (c)(1) by striking ``regular supplier''
and inserting ``regular importer''.
SEC. 1519. ADMINISTRATIVE INSPECTIONS AND AUTHORITY.
Section 510 of the Controlled Substances Act (21 U.S.C. 880) is
amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) places, including factories, warehouses, and other
establishments, and conveyances, where persons registered under
section 303 (or exempt from registration under section 302(d)
or by regulation of the Attorney General) or regulated persons
may lawfully hold, manufacture, distribute, dispense,
administer, or otherwise dispose of controlled substances or
listed chemicals or where records relating to those activities
are maintained.''; and
(2) in subsection (b)(3)--
(A) in subparagraph (B) by inserting ``, listed
chemicals,'' after ``unfinished drugs''; and
(B) in subparagraph (C) by inserting ``or listed
chemical'' after ``controlled substance'' and inserting
``or chemical'' after ``such substance''.
SEC. 1520. THRESHOLD AMOUNTS.
Section 102(39)(A) of the Controlled Substances Act (21 U.S.C.
802(39)(A)), as amended by section 2, is amended by inserting ``of a
listed chemical, or if the Attorney General establishes a threshold
amount for a specific listed chemical,'' before ``a threshold amount,
including a cumulative threshold amount for multiple transactions''.
SEC. 1521. MANAGEMENT OF LISTED CHEMICALS.
(a) In General.--Part C of the Controlled Substances Act (21 U.S.C.
821 et seq.) is amended by adding at the end the following new section:
``management of listed chemicals
``Sec. 311. (a) Offense.--It is unlawful for a person who possesses
a listed chemical with the intent that it be used in the illegal
manufacture of a controlled substance to manage the listed chemical or
waste from the manufacture of a controlled substance otherwise than as
required by regulations issued under sections 3001, 3002, 3003, 3004,
and 3005 of the Solid Waste Disposal Act (42 U.S.C. 6921, 6922, 6923,
6924, and 6925).
``(b) Enhanced Penalty.--(1) In addition to a penalty that may be
imposed for the illegal manufacture, possession, or distribution of a
listed chemical or toxic residue of a clandestine laboratory, a person
who violates subsection (a) shall be assessed the costs described in
paragraph (2) and shall be imprisoned as described in paragraph (3).
``(2) Pursuant to paragraph (1) a defendant shall be assessed the
following costs to the United States, a State, or another authority or
person that undertakes to correct the results of the improper
management of a listed chemical:
``(A) The cost of initial cleanup and disposal of the
listed chemical and contaminated property.
``(B) The cost of restoring property that is damaged by
exposure to a listed chemical for rehabilitation under Federal,
State, and local standards.
``(3)(A) A violation of subsection (a) shall be punished as a class
D felony, or in the case of a willful violation, as a class C felony.
``(B) Pursuant to its authority under section 944 of title 28,
United States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to provide for an appropriate enhancement of
punishment for a willful violation of subsection (a).
``(4) A court may order that all or a portion of the earnings from
work performed by a defendant in prison be withheld for payment of
costs assessed under paragraph (2).
``(c) Use of Forfeited Assets.--The Attorney General may direct
that assets forfeited under section 511 in connection with a
prosecution under this section be shared with State agencies that
participated in the seizure or cleaning up of a contaminated site.''.
(b) Exception to Discharge in Bankruptcy.--Section 523(a) of title
11, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(13) for costs assessed under section 311(b) of the
Controlled Substances Act.''.
SEC. 1522. FORFEITURE EXPANSION.
Section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a))
is amended--
(1) in paragraph (6) by inserting ``or listed chemical''
after ``controlled substance''; and
(2) in paragraph (9) by striking ``a felony provision of''.
SEC. 1523. REGULATIONS AND EFFECTIVE DATE.
(a) Regulations.--The Attorney General shall, not later than 90
days after the date of enactment of this Act, issue regulations
necessary to carry out this title.
(b) Effective Date.--This title and the amendments made by this
title shall become effective on the date that is 120 days after the
date of enactment of this Act.
Subtitle C--General Provisions
SEC. 1531. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS DRUGS UNDER
RICO.
Section 1961(1) of title 18, United States Code, is amended by
striking ``narcotic or other dangerous drugs'' each place it appears
and inserting ``a controlled substance or listed chemical, as defined
in section 102 of the Controlled Substances Act''.
SEC. 1532. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY PROVISIONS OF
THE CONTROLLED SUBSTANCES ACT AND THE CONTROLLED
SUBSTANCES IMPORT AND EXPORT ACT.
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled
Substances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections
1010(b) (1), (2), and (3) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in the
sentence or sentences beginning ``If any person commits'' by striking
``one or more prior convictions'' through ``have become final'' and
inserting ``a prior conviction for a felony drug offense has become
final''.
(b) Section 1012(b) of the Controlled Substances Import and Export
Act (21 U.S.C. 962(b)) is amended by striking ``one or more prior
convictions of him for a felony under any provision of this title or
title II or other law of a State, the United States, or a foreign
country relating to narcotic drugs, marihuana, or depressant or
stimulant drugs, have become final'' and inserting ``one or more prior
convictions of such person for a felony for a felony drug offense have
become final''.
(c) Section 401(b)(1)(A) of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning
``For purposes of this subparagraph, the term `felony drug offense'
means''.
(d) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended by adding at the end the following new paragraph:
``(43) The term `felony drug offense' means an offense that is
punishable by imprisonment for more than one year under any law of the
United States or of a State or foreign country that prohibits or
restricts conduct relating to narcotic drugs, marihuana, or depressant
or stimulant substances.''.
SEC. 1533. PROGRAM TO PROVIDE PUBLIC AWARENESS OF THE PROVISION OF
PUBLIC LAW 101-516 THAT CONDITIONS PORTIONS OF A STATE'S
FEDERAL HIGHWAY FUNDING ON THE STATE'S ENACTMENT OF
LEGISLATION REQUIRING THE REVOCATION OF THE DRIVER'S
LICENSES OF CONVICTED DRUG ABUSERS.
The Attorney General, in consultation with the Secretary of
Transportation, shall implement a program of national awareness of
section 333 of Public Law 101-516. The program shall notify the
Governors and State Representatives of the requirements of that
section.
SEC. 1534. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C. 843) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) It shall be unlawful for any person to print, publish, place,
or otherwise cause to appear in any newspaper, magazine, handbill, or
other publications, any written advertisement knowing that it has the
purpose of seeking or offering illegally to receive, buy, or distribute
a Schedule I controlled substance. As used in this section the term
`advertisement' includes, in addition to its ordinary meaning, such
advertisements as those for a catalog of Schedule I controlled
substances and any similar written advertisement that has the purpose
of seeking or offering illegally to receive, buy, or distribute a
Schedule I controlled substance. The term `advertisement' does not
include material which merely advocates the use of a similar material,
which advocates a position or practice, and does not attempt to propose
or facilitate an actual transaction in a Schedule I controlled
substance.''.
SEC. 1535. NATIONAL DRUG CONTROL STRATEGY.
(a) In General.--Section 1005(a) of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1504(a)) is amended by adding at the
end the following new paragraph:
``(5) Beginning with the first submission of a National Drug
Control Strategy to Congress after the date of the enactment of the
Violent Crime Control and Law Enforcement Act of 1993, the goals,
objectives, and priorities of such Strategy shall include a goal for
expanding the availability of treatment for drug addiction.''.
(b) Sense of Congress.--It is the sense of Congress that among the
long-term goals of the National Drug Control Strategy should be the
availability of drug treatment to all who are in need of such
treatment.
SEC. 1536. NOTIFICATION OF LAW ENFORCEMENT OFFICERS OF DISCOVERIES OF
CONTROLLED SUBSTANCES OR LARGE SUMS OF CASH IN EXCESS OF
$10,000 IN WEAPON SCREENING.
Section 315 of the Federal Aviation Act of 1958 (49 U.S.C. App.
1356) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Discoveries of Controlled Substances or Cash in Excess of
$10,000.--Not later than 90 days after the date of the enactment of
this section, the Administrator shall issue regulations requiring
employees and agents referred to in subsection (a) to report to
appropriate Federal and State law enforcement officers any incident in
which the employee or agent, in the course of conducting screening
procedures pursuant to subsection (a), discovers a controlled substance
the possession of which may be a violation of Federal or State law, or
any sizable sums of cash in excess of $10,000 the possession of which
may be a violation of Federal or State law.''.
SEC. 1537. DRUG PARAPHERNALIA AMENDMENT.
Section 422 of the Controlled Substances Act (21 U.S.C. 863) is
amended by adding at the end the following new subsection:
``(g) Civil Enforcement.--The Attorney General may bring a civil
action against any person who violates this section. The action may be
brought in any district court of the United States or the United States
courts of any territory in which the violation is taking or has taken
place. In an action under this section, the court shall determine the
occurrence of a violation by a preponderance of the evidence, and shall
have the power to assess a civil penalty of up to $250,000, and to
grant such other relief, including an injunction, as may be
appropriate. Such remedies shall be in addition to any other remedy
available under other law.''.
TITLE XVI--DRUNK DRIVING PROVISIONS
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Drunk Driving Child Protection Act
of 1993''.
SEC. 1602. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION.
Section 13(b) of title 18, United States Code, is amended--
(1) by striking ``For purposes'' and inserting ``(1)
Subject to paragraph (2) and for purposes''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or alcohol
imposed under the law of a State, territory, possession, or district,
the punishment for such an offense under this section shall include an
additional term of imprisonment of not more than 1 year, or if serious
bodily injury of a minor is caused, 5 years, or if death of a minor is
caused, 10 years, and an additional fine of not more than $1,000, or
both, if--
``(i) a minor (other than the offender) was present in the
motor vehicle when the offense was committed; and
``(ii) the law of the State, territory, possession, or
district in which the offense occurred does not provide an
additional term of imprisonment under the circumstances
described in clause (i).
``(B) For the purposes of subparagraph (A), the term `minor' means
a person less than 18 years of age.''.
SEC. 1603. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND VISITATION
RIGHTS.
It is the sense of the Congress that in determining child custody
and visitation rights, the courts should take into consideration the
history of drunk driving that any person involved in the determination
may have.
TITLE XVII--COMMISSIONS
Subtitle A--Commission on Crime and Violence
SEC. 1701. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE.
There is established a commission to be known as the ``National
Commission on Crime and Violence in America''. The Commission shall be
composed of 25 members, appointed as follows:
(1) 7 persons by the President, 4 of whom shall be members
of one major political party and 3 of whom shall be members of
another major political party;
(2) 9 persons by the Speaker of the House of
Representatives, 4 of whom shall be appointed on the
recommendation of the minority leader; and
(3) 9 persons by the President pro tempore of the Senate, 5
of whom shall be appointed on the recommendation of the
majority leader of the Senate and the chairman of the Committee
on the Judiciary of the Senate and 4 of whom shall be appointed
on the recommendation of the minority leader of the Senate and
the ranking minority member of the Committee on the Judiciary
of the Senate.
SEC. 1702. PURPOSE.
The purposes of the Commission are as follows:
(1) To develop a comprehensive and effective crime control
plan which will serve as a ``blueprint'' for action in the
1990's. The report shall include an estimated cost for
implementing any recommendations made by the Commission.
(2) To bring attention to successful models and programs in
crime prevention and crime control.
(3) To reach out beyond the traditional criminal justice
community for ideas when developing the comprehensive crime
control plan.
(4) To recommend improvements in the coordination of local,
State, Federal, and international border crime control efforts.
(5) To make a comprehensive study of the economic and
social factors leading to or contributing to crime and specific
proposals for legislative and administrative actions to reduce
crime and the elements that contribute to it.
(6) To recommend means of targeting finite correctional
facility space and resources to the most serious and violent
offenders, with the goal of achieving the most cost-effective
possible crime control and protection of the community and
public safety, with particular emphasis on examining the issue
of possible disproportionate incarceration rates among black
males and any other minority group disproportionately
represented in State and Federal correctional populations, and
to consider increased use of alternatives to incarceration
which offer a reasonable prospect of equal or better crime
control at equal or less cost.
SEC. 1703. RESPONSIBILITIES OF THE COMMISSION.
The commission shall be responsible for the following:
(1) Reviewing the effectiveness of traditional criminal
justice approaches in preventing and controlling crime and
violence.
(2) Examining the impact that changes to state and Federal
law have had in controlling crime and violence.
(3) Examining the impact of changes in Federal immigration
laws and policies and increased development and growth along
United States international borders on crime and violence in
the United States, particularly among our Nation's youth.
(4) Examining the problem of youth gangs and provide
recommendations as to how to reduce youth involvement in
violent crime.
(5) Examining the extent to which assault weapons and high
power firearms have contributed to violence and murder in
America.
(6) Convening field hearings in various regions of the
country to receive testimony from a cross section of criminal
justice professionals, business leaders, elected officials,
medical doctors, and other citizens that wish to participate.
(7) Reviewing all segments of our criminal justice system,
including the law enforcement, prosecution, defense, judicial,
corrections components in developing the crime control plan.
Subtitle B--National Commission to Study the Causes of the Demand for
Drugs in the United States
SEC. 1711. SHORT TITLE.
This subtitle may be cited as the ``National Commission to Study
the Causes of the Demand for Drugs in the United States''.
SEC. 1712. ESTABLISHMENT.
There is established a National Commission to Study the Causes of
the Demand for Drugs in the United States (referred to in this subtitle
as the ``Commission'').
SEC. 1713. DUTIES.
(a) In General.--The Commission shall--
(1) examine the root causes of illicit drug use and abuse
in the United States, including by compiling existing research
regarding those root causes;
(2) evaluate the efforts being made to prevent drug abuse;
(3) identify the existing gaps in drug abuse policy that
result from the lack of attention to the root causes of drug
abuse;
(4) assess the needs of Government at all levels for
resources and policies for reducing the overall desire of
individuals to experiment with and abuse illicit drugs; and
(5) make recommendations regarding necessary improvements
in policies for reducing the use of illicit drugs in the United
States.
(b) Examination.--Matters examined by the Commission under this
section shall include the following:
(1) Characteristics.--The characteristics of potential
illicit drug users and abusers or drug traffickers, including
age and social, economic, and educational backgrounds.
(2) Environment.--Environmental factors that contribute to
illicit drug use and abuse, including the correlation between
unemployment, poverty, and homelessness on drug experimentation
and abuse.
(3) Associations and social relationships.--The effects of
substance use and abuse by a relative or friend in contributing
to the likelihood and desire of an individual to experiment
with illicit drugs.
(4) Culture.--Aspects of, and changes in, philosophical or
religious beliefs, cultural values, attitudes toward authority,
status of basic social units (such as families), and traditions
that contribute to illicit drug use and abuse.
(5) Physiological and psychological factors.--The
physiological and psychological factors that contribute to the
desire for illicit drugs.
(6) Efforts of governments.--The current status of Federal,
State, and local efforts regarding the causes of illicit drug
use and abuse, including a review of drug strategies being
promoted by Federal, State, and local authorities to address
the causes of illicit drug use and abuse.
SEC. 1714. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall consist of 15
members, as follows:
(A) President.--Four individuals appointed by the
President, 2 of whom shall be members of one major
political party and 2 of whom shall be members of
another major political party.
(B) Senate.--Five individuals, 3 of whom shall be
appointed by the majority leader of the Senate, after
consultation with the chairman of the Committee on the
Judiciary of the Senate, and 2 of whom shall be
appointed by the minority leader of the Senate, after
consultation with the ranking minority member of the
Committee on the Judiciary of the Senate. At least 1
member appointed under this paragraph shall be a
recovering drug user.
(C) House of representatives.--Five individuals, 3
of whom shall be appointed jointly by the Speaker and
majority leader of the House of Representatives and 2
of whom shall be appointed by the minority leader of
the House of Representatives. At least 1 member
appointed under this paragraph shall be a recovering
drug abuser.
(D) Minority congressional leadership.--One
individual appointed jointly by the minority leader of
the Senate and the minority leader of the House of
Representatives.
(2) Goals in making appointments.--In appointing
individuals as members of the Commission, the President and the
majority and minority leaders of the House of Representatives
and the Senate shall seek to ensure that--
(A) the membership of the Commission reflects the
racial, ethnic, and gender diversity of the United
States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training,
expertise, or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) bio-medicine;
(v) addiction; and
(vi) ethnography and urban poverty,
including health care, housing, education, and
employment.
(b) Prohibition Against Officer or Employee.--Each individual
appointed under subsection (a) shall not be an officer or employee of
any government and shall be qualified to serve the Commission by virtue
of education, training, or experience.
(c) Deadline for Appointment.--Members of the Commission shall be
appointed within 60 days after the date of the enactment of this Act
for the life of the Commission.
(d) Meetings.--The Commission shall have its headquarters in the
District of Columbia, and shall meet at least once each month for a
business session that shall be conducted by the Chairperson.
(e) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(f) Chairperson and Vice Chairperson.--No later than 15 days after
the members of the Commission are appointed, such members shall
designate a Chairperson and Vice Chairperson of the Commission.
(g) Continuation of Membership.--If a member of the Commission
later becomes an officer or employee of any government, the individual
may continue as a member until a successor is appointed.
(h) Vacancies.--A vacancy in the Commission shall be filled not
later than 30 days after the Commission is informed of the vacancy in
the manner in which the original appointment was made.
(i) Compensation.--
(1) No pay, allowance, or benefit.--Members of the
Commission shall receive no additional pay, allowances, or
benefits by reason of their service on the Commission.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
SEC. 1715. STAFF AND SUPPORT SERVICES.
(a) Director.--The Chairperson shall appoint a director after
consultation with the members of the Commission, who shall be paid the
rate of basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the director may
appoint personnel as the director considers appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the Commission,
the director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of that agency to the Commission to assist in carrying
out its duties under this Act.
(f) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information from
the Library of Congress, as well as agencies and elected
representatives of the executive and legislative branches of
government. The Chairperson of the Commission shall make requests in
writing where necessary.
(g) Physical Facilities.--The General Services Administration shall
find suitable office space for the operation of the Commission. The
facilities shall serve as the headquarters of the Commission and shall
include all necessary equipment and incidentals required for proper
functioning.
SEC. 1716. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings or forums
at its discretion, at any time and place it is able to secure
facilities and witnesses, for the purpose of carrying out its duties.
(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
Act. Upon request of the Chairperson or Vice Chairperson of the
Commission, the head of a Federal agency shall furnish the information
to the Commission to the extent permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devices of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devices shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 1717. REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly activity
reports to the President and the Congress.
(b) Reports.--
(1) Interim report.--The Commission shall submit an interim
report to the President and the Congress not later than 1 year
before the termination of the Commission. The interim report
shall contain a detailed statement of the findings and
conclusions of the Commission, together with its
recommendations for legislative and administrative action based
on the Commission's activities to date. A strategy for
disseminating the report to Federal, State, and local
authorities shall be formulated and submitted with the formal
presentation of the report to the President and the Congress.
(2) Final report.--Not later than the date of the
termination of the Commission, the Commission shall submit to
the Congress and the President a final report with a detailed
statement of final findings, conclusions, and recommendations,
including an assessment of the extent to which recommendations
of the Commission included in the interim report under
paragraph (1) have been implemented.
(c) Printing and Public Distribution.--Upon receipt of each report
of the Commission under this section, the President shall--
(1) order the report to be printed; and
(2) make the report available to the public upon request.
SEC. 1718. TERMINATION.
The Commission shall terminate on the date which is 2 years after
the Members of the Commission have met and designated a Chairperson and
Vice Chairperson.
Subtitle C--National Commission to Support Law Enforcement
SEC. 1721. SHORT TITLE.
This subtitle may be cited as the ``National Commission to Support
Law Enforcement Act''.
SEC. 1722. CONGRESSIONAL FINDINGS.
The Congress finds that--
(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 percentage 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 twenty-five
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,
including the role of the Federal Government in supporting law
enforcement officers, working conditions, and responsibility
for crime control would assist in redefining the relationships
between the Federal Government, the public, and law enforcement
officials.
SEC. 1723. ESTABLISHMENT.
There is established a national commission to be known as the
``National Commission to Support Law Enforcement'' (referred to in this
subtitle as the ``Commission'').
SEC. 1724. DUTIES.
(a) In General. --The Commission shall study and recommend 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 of grant programs at the Federal level.
(2) Employment.--The conditions of law enforcement
employment.
(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) Responsibility.--The responsibility of governments and
law enforcement agencies in solving the crime problem.
(8) Impact.--The impact of the criminal justice system,
including court schedules and prison overcrowding, on law
enforcement.
(b) 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.
SEC. 1725. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 29
members as follows:
(1) 9 individuals from national law enforcement
organizations representing law enforcement officers, of whom--
(A) 2 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the majority leader of
the Senate;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the minority leader of
the Senate; and
(E) 1 shall be appointed by the President.
(2) 9 individuals from national law enforcement
organizations representing law enforcement management, of
whom--
(A) 2 shall be appointed by the Speaker of the
House of Representatives;
(B) 2 shall be appointed by the majority leader of
the Senate;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the minority leader of
the Senate; and
(E) 1 shall be appointed by the President.
(3) 2 individuals with academic expertise regarding law
enforcement issues, of whom--
(A) 1 shall be appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate.
(B) 1 shall be appointed by the minority leader of
the Senate and the minority leader of the House of
Representatives.
(4) 2 Members of the House of Representatives, appointed by
the Speaker and the minority leader of the House of
Representatives.
(5) 2 Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) 1 individual from the Department of Justice, appointed
by the President.
(7) 2 individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed jointly by the majority
leader and the minority leader of the Senate.
(8) 2 individuals representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed jointly by the Speaker and
the minority leader of the House of Representatives.
(b) Comptroller General.--The Comptroller General shall serve in an
advisory capacity and shall oversee the methodology and approach of the
Commission's study.
(c) Chairperson.--Upon their appointment the members of the
Commission shall select one of their number to act as chairperson.
(d) Compensation.--
(1) In general.--Members of the Commission shall receive no
additional pay, allowance, or benefit 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
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Appointment Dates.--Members of the Commission shall be
appointed no later than 90 days after the enactment of this Act.
SEC. 1726. 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 Commission, 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. 1727. 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 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. 1728. REPORT.
Not later than the expiration of the eighteen-month period
beginning on the date of the appointment of the members of the
Commission, a report containing the findings of the Commission and
specific proposals for legislation and administrative actions that the
Commission has determined to be appropriate shall be submitted to
Congress.
SEC. 1729. 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 1738.
SEC. 1730. REPEALS.
Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647;
104 Stat. 4918) and title II, section 211B of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are
repealed.
Subtitle D--Presidential Summit on Violence
SEC. 1731. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) violence in America has reached epidemic proportions;
(2) this epidemic reaches into communities large and small,
affects the richest and the poorest among us, touches people of
every ethnic and economic background, and affects all
institutions, both public and private;
(3) actual violence and depictions of violence are so
pervasive that they have an enormous impact on the lives and
character of our children;
(4) every person, group, and institution in America has a
role to play in ending the epidemic of violence; and
(5) we need a national conference in order to develop a
shared understanding of the causes of violence in America and
to build a national consensus on the solutions to this
epidemic.
SEC. 1732. PRESIDENTIAL SUMMIT ON VIOLENCE.
Congress calls on the President to convene as soon as possible a
national summit on violence in America. The President is urged to
include participants from all regions of the country and all walks of
life, both public and private.
Subtitle E--Commission on Violence in Schools
SEC. 1741. ESTABLISHMENT SCHOOLS.
There is established, subject to appropriations, a commission to be
known as the ``National Commission on Violence in America's Schools''
(referred to in this subtitle as the ``Commission'').
SEC. 1742. PURPOSES.
The purposes of the Commission are--
(1) to develop comprehensive and effective recommendations
to combat the national problem of national scale and prepare a
report including an estimated cost for implementing any
recommendations made by the Commission;
(2) to study the complexities, scope, nature, and causes of
violence in the Nation's schools;
(3) to being attention to successful models and programs in
violence prevention and control;
(4) to recommend improvements in the coordination of local,
State, and Federal agencies in the areas of violence in schools
prevention; and
(5) to make a comprehensive study of the economic and
social factors leading to or contributing to violence in
schools and specific proposals for legislative and
administrative actions to reduce violence and the elements that
contribute to it.
SEC. 1743. DUTIES.
The Commission shall--
(1) define the causes of violence in schools;
(2) define the scope of the national problem of violence in
schools;
(3) provide statistics and data on the problem of violence
in schools on a State-by-State basis;
(4) investigate the problem of youth gangs and their
relation to violence in schools and provide recommendations as
to how to reduce youth involvement in violent crime in schools;
(5) examine the extent to which weapons and firearms in
schools have contributed to violence and murder in schools;
(6) explore the extent to which the school environment has
contributed to violence in schools; and
(7) review the effectiveness of current approaches in
preventing violence in schools.
SEC. 1744. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall consist of 22
members, as follows:
(A) President.--Two persons appointed by the
President.
(B) Senate.--Five persons appointed by the majority
leader of the Senate and five persons appointed by the
minority leader of the Senate.
(C) House of representatives.--Five persons
appointed by the Speaker of the House of
Representatives, and five persons appointed by the
minority leader of the House of Representatives.
(2) Goals in making appointments.--In appointing
individuals as members of the Commission, the President and the
majority and minority leaders of the House of Representatives
and the Senate shall seek to ensure that--
(A) the membership of the Commission reflects the
racial, ethnic, and gender diversity of the United
States; and
(B) members are specially qualified to serve on the
Commission by reason of their education, training,
expertise, or experience in--
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement; and
(v) ethnography and urban poverty,
including health care, housing, education, and
employment.
(b) Deadline for Appointment.--Members of the Commission shall be
appointed within 60 days after the date of the enactment of this Act
for the life of the Commission.
(c) Meetings.--The Commission shall have its headquarters in the
District of Columbia, and shall meet at least once each month for a
business session that shall be conducted by the Chairperson.
(d) Quorum.--Thirteen members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chairperson and Vice Chairperson.--No later than 15 days after
the members of the Commission are appointed, such members shall
designate a Chairperson and Vice Chairperson of the Commission.
(f) Continuation of Membership.--If a member of the Commission
later becomes an officer or employee of any government, the individual
may continue as a member until a successor is appointed.
(g) Vacancies.--A vacancy in the Commission shall be filled not
later than 30 days after the Commission is informed of the vacancy in
the manner in which the original appointment was made.
(h) Compensation.--
(1) No pay, allowance, or benefit.--Members of the
Commission shall receive no additional pay, allowances, or
benefits by reason of their service on the Commission.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
SEC. 1745. STAFF AND SUPPORT SERVICES.
(a) Director.--The Chairperson shall appoint a director after
consultation with the members of the Commission, who shall be paid the
rate of basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the director may
appoint personnel as the director considers appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--With the approval of the Commission,
the director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of that agency to the Commission to assist in carrying
out its duties under this Act.
(f) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information from
the Library of Congress, as well as agencies and elected
representatives of the executive and legislative branches of
government. The Chairperson of the Commission shall make requests in
writing where necessary.
(g) Physical facilities.--The General Services Administration shall
find suitable office space for the operation of the Commission. The
facilities shall serve as the headquarters of the Commission and shall
include all necessary equipment and incidentals required for proper
functioning.
SEC. 1746. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings or forums
at its discretion, at any time and place it is able to secure
facilities and witnesses, for the purpose of carrying out its duties.
(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
Act. Upon request of the Chairperson or Vice Chairperson of the
Commission, the head of a Federal agency shall furnish the information
to the Commission to the extent permitted by law.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devices of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devices shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 1747. REPORTS.
(a) Monthly Reports.--The Commission shall submit monthly activity
reports to the President and the Congress.
(b) Reports.--
(1) Interim report.--The Commission shall submit an interim
report to the President and the Congress not later than 1 years
before the termination of the Commission. The interim report
shall contain a detailed statement of the findings and
conclusions of the Commission, together with its
recommendations for legislative and administrative action based
on the Commission's activities to date. A strategy for
disseminating the report to Federal, State, and local
authorities shall be formulated and submitted with the formal
presentation of the report to the President and the Congress.
(2) Final report.--Not later than the date of the
termination of the Commission, the Commission shall submit to
the Congress and the President a final report with a detailed
statement of final findings, conclusions, and recommendations,
including an assessment of the extent to which recommendations
of the Commission included in the interim report under
paragraph (1) have been implemented.
(c) Printing and Public Distribution.--Upon receipt of each report
of the Commission under this section, the President shall--
(1) order the report to be printed; and
(2) make the report available to the public upon request.
SEC. 1748. TERMINATION.
The Commission shall terminate on the date which is 2 years after
the members of the Commission have met and designated a Chairperson and
Vice Chairperson.
SEC. 1749. AUTHORIZATION OF APPROPRIATIONS.
There are authorizedto be appropriated such sums as are necessary
to enable the Commission to carry out its duties under this subtitle.
TITLE XVIII--BAIL POSTING REPORTING
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Illegal Drug Profits Act of
1993''.
SEC. 1802. REQUIRED REPORTING BY CRIMINAL COURT CLERKS.
(a) In General.--Each clerk of a Federal or State criminal court
shall report to the Internal Revenue Service, in a form and manner as
prescribed by the Secretary of the Treasury, the name and taxpayer
identification number of--
(1) any individual charged with any criminal offense who
posts cash bail, or on whose behalf cash bail is posted, in an
amount exceeding $10,000; and
(2) any individual or entity (other than a licensed bail
bonding individual or entity) posting such cash bail for or on
behalf of such individual.
(b) Criminal Offenses.--For purposes of subsection (a), the term
``criminal offense'' means--
(1) any Federal criminal offense involving a controlled
substance;
(2) racketeering (as defined in section 1951, 1952, or 1955
of title 18, United States Code);
(3) money laundering (as defined in section 1956 or 1957 of
title 18, United States Code); and
(4) any violation of State criminal law involving an
offense substantially similar to an offense described in
paragraph (1), (2), or (3).
(c) Copy to Prosecutors.--Each clerk shall submit a copy of each
report of cash bail described in subsection (a) to--
(1) the office of the United States Attorney; and
(2) the office of the local prosecuting attorney, for the
jurisdiction in which the defendant resides (and the
jurisdiction in which the criminal offense occurred, if
different).
(d) Regulations.--The Secretary of the Treasury shall promulgate
such regulations as are necessary within 90 days of the date of
enactment of this Act.
(e) Effective Date.--This section shall become effective 60 days on
the date of the promulgation of regulations under subsection (d).
TITLE XIX--MOTOR VEHICLE THEFT PREVENTION
SEC. 1901. SHORT TITLE.
This title may be cited as the ``Motor Vehicle Theft Prevention
Act''.
SEC. 1902. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Attorney General shall develop, in
cooperation with the States, a national voluntary motor vehicle theft
prevention program (in this section referred to as the ``program'')
under which--
(1) the owner of a motor vehicle may voluntarily sign a
consent form with a participating State or locality in which
the motor vehicle owner--
(A) states that the vehicle is not normally
operated under certain specified conditions; and
(B) agrees to--
(i) display program decals or devices on
the owner's vehicle; and
(ii) permit law enforcement officials in
any State to stop the motor vehicle and take
reasonable steps to determine whether the
vehicle is being operated by or with the
permission of the owner, if the vehicle is
being operated under the specified conditions;
and
(2) participating States and localities authorize law
enforcement officials in the State or locality to stop motor
vehicles displaying program decals or devices under specified
conditions and take reasonable steps to determine whether the
vehicle is being operated by or with the permission of the
owner.
(b) Uniform Decal or Device Designs.--
(1) In general.--The motor vehicle theft prevention program
developed pursuant to this section shall include a uniform
design or designs for decals or other devices to be displayed
by motor vehicles participating in the program.
(2) Type of design.--The uniform design shall--
(A) be highly visible; and
(B) explicitly state that the motor vehicle to
which it is affixed may be stopped under the specified
conditions without additional grounds for establishing
a reasonable suspicion that the vehicle is being
operated unlawfully.
(c) Voluntary Consent Form.--The voluntary consent form used to
enroll in the program shall--
(1) clearly state that participation in the program is
voluntary;
(2) clearly explain that participation in the program means
that, if the participating vehicle is being operated under the
specified conditions, law enforcement officials may stop the
vehicle and take reasonable steps to determine whether it is
being operated by or with the consent of the owner, even if the
law enforcement officials have no other basis for believing
that the vehicle is being operated unlawfully;
(3) include an express statement that the vehicle is not
normally operated under the specified conditions and that the
operation of the vehicle under those conditions would provide
sufficient grounds for a prudent law enforcement officer to
reasonably believe that the vehicle was not being operated by
or with the consent of the owner; and
(4) include any additional information that the Attorney
General may reasonably require.
(d) Specified Conditions Under Which Stops May Be Authorized.--
(1) In general.--The Attorney General shall promulgate
rules establishing the conditions under which participating
motor vehicles may be authorized to be stopped under this
section. These conditions may not be based on race, creed,
color, national origin, gender, or age. These conditions may
include--
(A) the operation of the vehicle during certain
hours of the day; or
(B) the operation of the vehicle under other
circumstances that would provide a sufficient basis for
establishing a reasonable suspicion that the vehicle
was not being operated by the owner, or with the
consent of the owner.
(2) More than one set of conditions.--The Attorney General
may establish more than one set of conditions under which
participating motor vehicles may be stopped. If more than one
set of conditions is established, a separate consent form and a
separate design for program decals or devices shall be
established for each set of conditions. The Attorney General
may choose to satisfy the requirement of a separate design for
program decals or devices under this paragraph by the use of a
design color that is clearly distinguishable from other design
colors.
(3) No new conditions without consent.--After the program
has begun, the conditions under which a vehicle may be stopped
if affixed with a certain decal or device design may not be
expanded without the consent of the owner.
(4) Limited participation by states and localities.--A
State or locality need not authorize the stopping of motor
vehicles under all sets of conditions specified under the
program in order to participate in the program.
(e) Motor Vehicles for Hire.--
(1) Notification to lessees.--Any person who is in the
business of renting or leasing motor vehicles and who rents or
leases a motor vehicle on which a program decal or device is
affixed shall, prior to transferring possession of the vehicle,
notify the person to whom the motor vehicle is rented or leased
about the program.
(2) Type of notice.--The notice required by this subsection
shall--
(A) be in writing;
(B) be in a prominent format to be determined by
the Attorney General; and
(C) explain the possibility that if the motor
vehicle is operated under the specified conditions, the
vehicle may be stopped by law enforcement officials
even if the officials have no other basis for believing
that the vehicle is being operated unlawfully.
(3) Fine for failure to provide notice.--Failure to provide
proper notice under this subsection shall be punishable by a
fine not to exceed $5,000.
(f) Notification of Police.--As a condition of participating in the
program, a State or locality must agree to take reasonable steps to
ensure that law enforcement officials throughout the State or locality
are familiar with the program, and with the conditions under which
motor vehicles may be stopped under the program.
(g) Regulations.--The Attorney General shall promulgate regulations
to implement this section.
(h) Authorization of Appropriations.--There are authorized such
sums as are necessary to carry out this section.
SEC. 1903. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION NUMBERS.
(a) Basic Offense.--Subsection (a) of section 511 of title 18,
United States Code, is amended to read as follows:
``(a) A person who--
``(1) knowingly removes, obliterates, tampers with, or
alters an identification number for a motor vehicle or motor
vehicle part; or
``(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal
or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act,
shall be fined under this title, imprisoned not more than 5 years, or
both.''.
(b) Excepted Persons.--Paragraph (2) of section 511(b) of title 18,
United States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a person who removes, obliterates, tampers
with, or alters a decal or device affixed to a motor
vehicle pursuant to the Motor Vehicle Theft Prevention
Act, if that person is the owner of the motor vehicle,
or is authorized to remove, obliterate, tamper with or
alter the decal or device by--
``(i) the owner or his authorized agent;
``(ii) applicable State or local law; or
``(iii) regulations promulgated by the
Attorney General to implement the Motor Vehicle
Theft Prevention Act.''.
(c) Definition.--Section 511 of title 18, United States Code, is
amended by adding at the end thereof the following:
``(d) For purposes of subsection (a) of this section, the term
`tampers with' includes covering a program decal or device affixed to a
motor vehicle pursuant to the Motor Vehicle Theft Prevention Act for
the purpose of obstructing its visibility.''.
(d) Unauthorized Application of a Decal or Device.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by adding after section 511 the following new
section:
``Sec. 511A. Unauthorized application of theft prevention decal or
device
``(a) Whoever affixes to a motor vehicle a theft prevention decal
or other device, or a replica thereof, unless authorized to do so
pursuant to the Motor Vehicle Theft Prevention Act, shall be punished
by a fine not to exceed $1,000.
``(b) For purposes of this section, the term `theft prevention
decal or device' means a decal or other device designed in accordance
with a uniform design for such devices developed pursuant to the Motor
Vehicle Theft Prevention Act.''.
(2) Technical amendment.--The chapter analysis for chapter
25 of title 18, United States Code, is amended by adding after
the item relating to section 511 the following new item:
``511A. Unauthorized application of theft prevention decal or
device.''.
TITLE XX--PROTECTIONS FOR THE ELDERLY
SEC. 2001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.
(a) Grant.--The Attorney General shall, subject to the availability
of appropriations, award a grant to an eligible organization to assist
the organization in paying for the costs of planning, designing,
establishing, and operating a Missing Alzheimer's Disease Patient Alert
Program, which shall be a locally based, proactive program to protect
and locate missing patients with Alzheimer's disease and related
dementias.
(b) Application.--To be eligible to receive a grant under
subsection (a), an organization shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may require, including, at a
minimum, an assurance that the organization will obtain and use
assistance from private nonprofit organizations to support the program.
(c) Eligible Organization.--The Attorney General shall award the
grant described in subsection (a) to a national voluntary organization
that has a direct link to patients, and families of patients, with
Alzheimer's disease and related dementias.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1995, 1996, and 1997.
SEC. 2002. CRIMES AGAINST THE ELDERLY.
(a) In General.--Pursuant to its authority under the Sentencing
Reform Act of 1984 and section 21 of the Sentencing Act of 1987
(including its authority to amend the sentencing guidelines and policy
statements) and its authority to make such amendments on an emergency
basis, the United States Sentencing Commission shall ensure that the
applicable guideline range for a defendant convicted of a crime of
violence against an elderly victim is sufficiently stringent to deter
such a crime, to protect the public from additional crimes of such a
defendant, and to adequately reflect the heinous nature of such an
offense.
(b) Criteria.--In carrying out subsection (a), the United States
Sentencing Commission shall ensure that--
(1) the guidelines provide for increasingly severe
punishment for a defendant commensurate with the degree of
physical harm caused to the elderly victim;
(2) the guidelines take appropriate account of the
vulnerability of the victim; and
(3) the guidelines provide enhanced punishment for a
defendant convicted of a crime of violence against an elderly
victim who has previously been convicted of a crime of violence
against an elderly victim, regardless of whether the conviction
occurred in Federal or State court.
(c) Definitions.--In this section--
``crime of violence'' means an offense under section 113,
114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18,
United States Code.
``elderly victim'' means a victim who is 65 years of age or
older at the time of an offense.
TITLE XXI--CONSUMER PROTECTION
SEC. 2101. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following new sections:
``Sec. 1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce
``(a)(1) Whoever is engaged in the business of insurance whose
activities affect interstate commerce and, with the intent to deceive,
knowingly makes any false material statement or report or willfully and
materially overvalues any land, property or security--
``(A) in connection with any financial reports or documents
presented to any insurance regulatory official or agency or an
agent or examiner appointed by such official or agency to
examine the affairs of such person, and
``(B) for the purpose of influencing the actions of such
official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as established under this title or imprisonment for not more than 10
years, or both, except that the term of imprisonment shall be not more
than 15 years if the statement or report or overvaluing of land,
property, or security jeopardizes the safety and soundness of an
insurer.
``(b)(1) Whoever--
``(A) acting as, or being an officer, director, agent, or
employee of, any person engaged in the business of insurance
whose activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of insurance)
in a transaction relating to the conduct of affairs of such a
business,
willfully embezzles, abstracts, purloins, or misappropriates any of the
moneys, funds, premiums, credits, or other property of such person so
engaged shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as provided under this title or imprisonment for not more than 10
years, or both, except that if such embezzlement, abstraction,
purloining, or misappropriation described in paragraph (1) jeopardizes
the safety and soundness of an insurer, such imprisonment shall be not
more than 15 years. If the amount or value so embezzled, abstracted,
purloined, or misappropriated does not exceed $5,000, whoever violates
paragraph (1) shall be fined as provided in this title or imprisoned
not more than one year, or both.
``(c)(1) Whoever is engaged in the business of insurance and whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business, knowingly makes
any false entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with intent to--
``(A) deceive any person about the financial condition or
solvency of such business, or
``(B) deceive any officer, employee, or agent of such
person engaged in the business of insurance, any insurance
regulatory official or agency, or any agent or examiner
appointed by such official or agency to examine the affairs of
such person about the financial condition or solvency of such
business,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as provided under this title or imprisonment for not more than 10
years, or both, except that if the false entry in any book, report, or
statement of such person jeopardizes the safety and soundness of an
insurer, such imprisonment shall be not more than 15 years.
``(d) Whoever, by threats or force or by any threatening letter or
communication, corruptly influences, obstructs, or impedes or endeavors
corruptly to influence, obstruct, or impede the due and proper
administration of the law under which any proceeding involving the
business of insurance whose activities affect interstate commerce is
pending before any insurance regulatory official or agency or any agent
or examiner appointed by such official or agency to examine the affairs
of a person engaged in the business of insurance whose activities
affect interstate commerce, shall be fined as provided in this title or
imprisoned not more than 10 years, or both.
``(e)(1)(A) Any individual who has been convicted of any criminal
felony involving dishonesty or a breach of trust, or who has been
convicted of an offense under this section, and who willfully engages
in the business of insurance whose activities affect interstate
commerce or participates in such business, shall be fined as provided
in this title or imprisoned not more than 5 years, or both.
``(B) Any individual who is engaged in the business of insurance
whose activities affect interstate commerce and who willfully permits
the participation described in subparagraph (A) shall be fined as
provided in this title or imprisoned not more than 5 years, or both.
``(2) A person described in paragraph (1)(A) may engage in the
business of insurance or participate in such business if such person
has the written consent of any insurance regulatory official authorized
to regulate the insurer, which consent specifically refers to this
subsection.
``(f) As used in this section--
``(1) the term `business of insurance' means--
``(A) the writing of insurance, or
``(B) the reinsuring of risks,
by an insurer, including all acts necessary or incidental to
such writing or reinsuring and the activities of persons who
act as, or are, officers, directors, agents, or employees of
insurers or who are other persons authorized to act on behalf
of such persons;
``(2) the term `insurer' means any entity the business
activity of which is the writing of insurance or the reinsuring
of risks or any receiver or similar official or any liquidating
agent for such an entity, in his or her capacity as such, and
includes any person who acts as, or is, an officer, director,
agent, or employee of that business;
``(3) the term `interstate commerce' means--
``(A) commerce within the District of Columbia, or
any territory or possession of the United States;
``(B) all commerce between any point in the State,
territory, possession, or the District of Columbia and
any point outside thereof;
``(C) all commerce between points within the same
State through any place outside such State; or
``(D) all other commerce over which the United
States has jurisdiction; and
``(4) the term `State' includes any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, American Samoa, and the Trust
Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section
1033
``(a) The Attorney General may bring a civil action in the
appropriate United States district court against any person who engages
in conduct constituting an offense under section 1033 and, upon proof
of such conduct by a preponderance of the evidence, such person shall
be subject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person received or
offered for the prohibited conduct, whichever amount is greater. If the
offense has contributed to the decision of a court of appropriate
jurisdiction to issue an order directing the conservation,
rehabilitation, or liquidation of an insurer, such penalty shall be
remitted to the regulatory official for the benefit of the
policyholders, claimants, and creditors of such insurer. The imposition
of a civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other person.
``(b) If the Attorney General has reason to believe that a person
is engaged in conduct constituting an offense under section 1033, the
Attorney General may petition an appropriate United States district
court for an order prohibiting that person from engaging in such
conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under this
section does not preclude any other remedy which is available by law to
the United States or any other person.''.
(b) Technical Amendment.--The chapter analysis for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following new items:
``1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect
interstate commerce.
``1034. Civil penalties and injunctions for violations of section
1033.''.
(c) Miscellaneous Amendments to Title 18, United States Code.--
(1) Tampering with insurance regulatory proceedings.--
Section 1515(a)(1) of title 18, United States Code, is
amended--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by inserting ``or'' at the end of subparagraph
(C); and
(C) by adding at the end the following new
subparagraph:
``(D) a proceeding involving the business of
insurance whose activities affect interstate commerce
before any insurance regulatory official or agency or
any agent or examiner appointed by such official or
agency to examine the affairs of any person engaged in
the business of insurance whose activities affect
interstate commerce;''.
(2) Limitations.--Section 3293 of title 18, United States
Code, is amended by inserting ``1033,'' after ``1014,''.
(3) Obstruction of criminal investigations.--Section 1510
of title 18, United States Code, is amended by adding at the
end the following new subsection:
``(d)(1) Whoever--
``(A) acting as, or being, an officer, director, agent or
employee of a person engaged in the business of insurance whose
activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of insurance)
in a transaction relating to the conduct of affairs of such a
business,
with intent to obstruct a judicial proceeding, directly or indirectly
notifies any other person about the existence or contents of a subpoena
for records of that person engaged in such business or information that
has been furnished to a Federal grand jury in response to that
subpoena, shall be fined as provided by this title or imprisoned not
more than 5 years, or both.
``(2) As used in paragraph (1), the term `subpoena for records'
means a Federal grand jury subpoena for records that has been served
relating to a violation of, or a conspiracy to violate, section 1033 of
this title.''.
SEC. 2102. CONSUMER PROTECTION AGAINST CREDIT CARD FRAUD ACT OF 1993.
(a) Short Title.--This section may be cited as the ``Consumer
Protection Against Credit Card Fraud Act of 1993''.
(b) Fraud and Related Activity in Connection With Access Devices.--
Section 1029 of title 18, United States Code, is amended in subsection
(a) by inserting after paragraph (4) the following new paragraphs:
``(5) knowingly and with intent to defraud effects
transactions, with one or more access devices issued to another
person or persons, to receive payment or any other thing of
value during any one-year period the aggregate value of which
is equal to or greater than $1,000;
``(6) without the authorization of the issuer of the access
device, knowingly and with intent to defraud solicits a person
for the purpose of--
``(A) offering an access device; or
``(B) selling information regarding or an
application to obtain an access device; or
``(7) without the authorization of the credit card system
member or its agent, knowingly and with intent to defraud
causes or arranges for another person to present to the member
or its agent, for payment, one or more evidences or records of
transactions made by an access device;''.
(c) Technical Amendments.--Section 1029 of title 18, United States
Code, as amended by subsection (b), is amended--
(1) in subsection (a) by striking ``or'' at the end of
paragraph (3);
(2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)''
and inserting ``(a) (2), (3), (5), (6), or (7)''; and
(3) in subsection (e) by--
(A) striking ``and'' at the end of paragraph (5);
(B) adding ``and'' at the end of paragraph (6); and
(C) adding at the end thereof the following new
paragraph:
``(7) the term `credit card system member' means a
financial institution or other entity that is a member of a
credit card system, including an entity, whether it is
affiliated with or identical to the credit card issuer, that is
the sole member of a credit card system.''.
SEC. 2103. MAIL FRAUD.
Section 1341 of title 18, United States Code, is amended--
(1) by inserting ``or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,'' after ``Postal
Service,''; and
(2) by inserting ``or such carrier'' after ``causes to be
delivered by mail''.
TITLE XXII--FINANCIAL INSTITUTION FRAUD PROSECUTIONS
SEC. 2201. SHORT TITLE.
This title may be cited as the ``Financial Institutions Fraud
Prosecution Act of 1991''.
SEC. 2202. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C.
1829(a)) is amended in paragraph (2)(A)(i)(I)--
(1) by striking ``or 1956''; and
(2) by inserting ``1517, 1956, or 1957''.
SEC. 2203. FEDERAL CREDIT UNION ACT AMENDMENTS.
Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d))
is amended to read as follows:
``(d) Prohibition.--
``(1) In general.--Except with prior written consent of the
Board--
``(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 credit union; or
``(ii) otherwise participate, directly or
indirectly, in the conduct of the affairs of
any insured credit union; and
``(B) any insured credit union 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 10-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,
1517, 1956, or 1957 of title 18, United
States Code; or
``(II) section 1341 or 1343 of such
title which affects any financial
institution (as defined in section 20
of such title); or
``(ii) the offense of conspiring to commit
any such offense,
the Board 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 Board,
the court in which the conviction or the
agreement of a person referred to in
subparagraph (A) has been entered may grant an
exception to the application of 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 behalf such
motion is made.
``(3) Penalty.--Whoever knowingly violates paragraph (1) or
(2) shall be fined not more than $1,000,000 for each day such
prohibition is violated or imprisoned for not more than 5
years, or both.''.
SEC. 2204. CRIME CONTROL ACT AMENDMENT.
Section 2546 of the Crime Control Act of 1990 (Public Law 101-647,
104 Stat. 4885) is amended by adding at the end the following new
subsection:
``(c) Fraud Task Forces Report.--In addition to the reports
required under subsection (a), the Attorney General is encouraged to
submit a report to the Congress containing the findings of the
financial institutions fraud task forces established under section 2539
as they relate to the collapse of private deposit insurance
corporations, together with recommendations for any regulatory or
legislative changes necessary to prevent such collapses in the
future.''.
TITLE XXIII--SAVINGS AND LOAN PROSECUTION TASK FORCE
SEC. 2301. SAVINGS AND LOAN PROSECUTION TASK FORCE.
The Attorney General shall establish within the Justice Department
a savings and loan criminal fraud task force to prosecute in an
aggressive manner those criminal cases involving savings and loan
institutions.
TITLE XXIV--SENTENCING PROVISIONS
SEC. 2401. IMPOSITION OF SENTENCE.
Section 3553(a)(4) of title 18, United States Code, is amended to
read as follows:
``(4) the kinds of sentence and the sentencing range
established for--
``(A) the applicable category of offense committed
by the applicable category of defendant as set forth in
the guidelines issued by the Sentencing Commission
pursuant to section 994(a)(1) of title 28, United
States Code, and that are in effect on the date the
defendant is sentenced; or
``(B) in the case of a violation of probation or
supervised release, the applicable guidelines or policy
statements issued by the Sentencing Commission pursuant
to section 994(a)(3) of title 28, United States
Code;''.
SEC. 2402. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS OF PROBATION.
Section 3563(a)(3) of title 18, United States Code, is amended by
striking ``possess illegal controlled substances'' and inserting
``unlawfully possess a controlled substance''.
SEC. 2403. SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (d), by striking ``possess illegal
controlled substances'' and inserting ``unlawfully possess a
controlled substance'';
(2) in subsection (e)--
(A) by striking ``person'' each place such term
appears in such subsection and inserting ``defendant'';
and
(B) by amending paragraph (3) to read as follows:
``(3) revoke a term of supervised release, and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for the offense that
resulted in such term of supervised release without credit for
time previously served on postrelease supervision, if the
court, pursuant to the Federal Rules of Criminal Procedure
applicable to revocation of probation or supervised release,
finds by a preponderance of the evidence that the defendant
violated a condition of supervised release, except that a
defendant whose term is revoked under this paragraph may not be
required to serve more than 5 years in prison if the offense
that resulted in the term of supervised release is a class A
felony, more than 3 years in prison if such offense is a class
B felony, more than 2 years in prison if such offense is a
class C or D felony, or more than one year in any other case;
or''; and
(3) by adding at the end the following new subsections:
``(h) Supervised Release Following Revocation.--When a term of
supervised release is revoked and the defendant is required to serve a
term of imprisonment that is less than the maximum term of imprisonment
authorized under subsection (e)(3), the court may include a requirement
that the defendant be placed on a term of supervised release after
imprisonment. The length of such a term of supervised release shall not
exceed the term of supervised release authorized by statute for the
offense that resulted in the original term of supervised release, less
any term of imprisonment that was imposed upon revocation of supervised
release.
``(i) Delayed Revocation.--The power of the court to revoke a term
of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term of
supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before its
expiration, a warrant or summons has been issued on the basis of an
allegation of such a violation.''.
SEC. 2404. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE
PROVISIONS IN CERTAIN CIRCUMSTANCES.
(a) Amendment of Title 18, United States Code.--Section 3553 of
title 18, United States Code, is amended by adding at the end the
following new subsection:
``(f) Mandatory Minimum Sentence Provisions.--
``(1) Sentencing under this section.--In the case of an
offense described in paragraph (2), the court shall,
notwithstanding the requirement of a mandatory minimum sentence
in that section, impose a sentence in accordance with this
section and the sentencing guidelines and any pertinent policy
statement issued by the United States Sentencing Commission.
``(2) Offenses.--An offense is described in this paragraph
if--
``(A) the defendant is subject to a mandatory
minimum term of imprisonment under section 401 or 402
of the Controlled Substances Act (21 U.S.C. 841 and
844) or section 1010 of the Controlled Substances
Import and Export Act (21 U.S.C. 960);
``(B) the defendant does not have--
``(i) more than 0 criminal history point
under the sentencing guidelines; or
``(ii) any prior conviction, foreign or
domestic, for a crime of violence against the
person or drug trafficking offense that
resulted in a sentence of imprisonment (or an
adjudication as a juvenile delinquent for an
act that, if committed by an adult, would
constitute a crime of violence against the
person or drug trafficking offense;
``(C) the offense did not result in death or
serious bodily injury (as defined in section 1365) to
any person--
``(i) as a result of the act of any person
during the course of the offense; or
``(ii) as a result of the use by any person
of a controlled substance that was involved in
the offense;
``(D) the defendant did not carry or otherwise have
possession of a firearm (as defined in section 921) or
other dangerous weapon during the course of the offense
and did not direct another person who possessed a
firearm to do so and the defendant had no knowledge of
any other conspirator involved possessing a firearm;
``(E) the defendant was not an organizer, leader,
manager, or supervisor of others (as defined or
determined under the sentencing guidelines) in the
offense; and
``(F) the defendant was nonviolent in that the
defendant did not use, attempt to use, or make a
credible threat to use physical force against the
person of another during the course of the offense.
``(G) the defendant did not own the drugs, finance
any part of the offense or sell the drugs.''.
(b) Harmonization.--
(1) In general.--The United States Sentencing Commission--
(A) may make such amendments as it deems necessary
and appropriate to harmonize the sentencing guidelines
and policy statements with section 3553(f) of title 18,
United States Code, as added by subsection (a), and
promulgate policy statements to assist the courts in
interpreting that provision; and
(B) shall amend the sentencing guidelines, if
necessary, to assign to an offense under section 401 or
402 of the Controlled Substances Act (21 U.S.C. 841 and
844) or section 1010 of the Controlled Substances
Import and Export Act (21 U.S.C. 960) to which a
mandatory minimum term of imprisonment applies a
guideline level that will result in the imposition of a
term of imprisonment at least equal to the mandatory
term of imprisonment that is currently applicable
unless a downward adjustment is authorized under
section 3553(f) of title 18, United States Code, as
added by subsection (a).
(2) If the Commission determines that an expedited
procedure is necessary in order for amendments made pursuant to
paragraph (1) to become effective on the effective date
specified in subsection (c), the Commission may promulgate such
amendments as emergency amendments under the procedures set
forth in section 21(a) of the Sentencing Act of 1987 (Public
Law 100-182; 101 Stat. 1271), as though the authority under
that section had not expired.
(c) Effective Date.--The amendment made by subsection (a) and any
amendments to the sentencing guidelines made by the United States
Sentencing Commission pursuant to subsection (b) shall apply with
respect to sentences imposed for offenses committed on or after the
date that is 60 days after the date of enactment of this Act.
Notwithstanding any other provision of law, any defendant who has been
sentenced pursuant to section 3553(f) who is subsequently convicted of
a violation of the Controlled Substances Act or any crime of violence
for which imposition of a mandatory minimum term of imprisonment is
required, he or she shall be sentenced to an additional 5 years
imprisonment.
SEC. 2405. MANDATORY PRISON TERMS FOR USE, POSSESSION, OR CARRYING OF A
FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME OF
VIOLENCE OR STATE DRUG TRAFFICKING CRIME.
Section 924(c) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(4)(A) A person who, during and in relation to a crime of
violence or drug trafficking crime (including a crime of violence or
drug trafficking crime that provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which the person may be prosecuted in a court of any State--
``(i) in the case of a first conviction of such a crime, in
addition to the sentence imposed for the crime of violence or
drug trafficking crime--
``(I) knowingly possesses a firearm shall be
imprisoned not less than 10 years;
``(II) discharges a firearm with intent to injure
another person shall be imprisoned not less than 20
years; or
``(III) knowingly possesses a firearm that is a
machinegun or destructive device or is equipped with a
firearm silencer or firearm muffler shall be imprisoned
not less than 30 years;
``(ii) in the case of a second conviction of such a crime,
in addition to the sentence imposed for the crime of violence
or drug trafficking crime--
``(I) shall be imprisoned not less than 20 years if
the person was in possession of a firearm during and in
relation to the crime of violence or drug trafficking
crime;
``(II) shall be imprisoned not less than 30 years
if the person discharged a firearm during and in
relation to the crime of violence or drug trafficking
crime; or
``(III) if the person discharges a firearm that is
a machinegun or a destructive device or is equipped
with a firearm silencer or firearm muffler, shall be
imprisoned for life; and
``(iii) in the case of a third or subsequent conviction of
such a crime, shall be imprisoned for life.
``(B)(i) Notwithstanding any other law, a court shall not place on
probation or suspend the sentence of any person convicted of a
violation of this subsection, nor shall a term of imprisonment imposed
under this subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence or drug
trafficking crime in which the firearm was used.
``(ii) No person sentenced under this subsection shall be released
for any reason whatsoever during a term of imprisonment imposed under
this paragraph.
``(C) For the purposes of paragraph (A), a person shall be
considered to be in possession of a firearm if--
``(i) in the case of a crime of violence, the person
touches a firearm at the scene of the crime at any time during
the commission of the crime; and
``(ii) in the case of a drug trafficking crime, the person
has a firearm readily available at the scene of the crime.
``(D) Except in the case of a person who engaged in or participated
in criminal conduct that gave rise to the occasion for the person's use
of a firearm, this paragraph has no application to a person who may be
found to have committed a criminal act while acting in defense of
person or property during the course of a crime being committed by
another person (including the arrest or attempted arrest of the
offender during or immediately after the commission of the crime).
``(E) In this paragraph--
```crime of violence' means an offense that is punishable
by imprisonment for more than 1 year and--
``(I) has as an element the use, attempted use, or
threatened use of physical force against the person or
property of another; or
``(II) by its nature involves a substantial risk
that physical force against the person or property of
another may be used during the course of the offense.
```drug trafficking crime' means a crime punishable by
imprisonment for more than 1 year involving the manufacture,
distribution, possession, cultivation, sale, or transfer of a
controlled substance, controlled substance analogue, immediate
precursor, or listed chemical (as those terms are defined in
section 102 of the Controlled Substance Act (21 U.S.C. 802)),
or an attempt or conspiracy to commit such a crime.
``(F) It is the intent of Congress that--
``(i) this paragraph shall be used to supplement but not
supplant the efforts of State and local prosecutors in
prosecuting crimes of violence and drug trafficking crimes that
could be prosecuted under State law; and
``(ii) the Attorney General shall give due deference to the
interest that a State or local prosecutor has in prosecuting a
person under State law.
``(G) This paragraph does not create any rights, substantive or
procedural, enforceable at law by any party in any manner, civil or
criminal, nor does it place any limitations on otherwise lawful
prerogatives of the Attorney General.
``(H) There is a Federal jurisdiction over an offense under this
paragraph if a firearm involved in the offense has moved at any time in
interstate or foreign commerce.''.
SEC. 2406. MURDER INVOLVING FIREARM.
(a) In General.--Chapter 51 of title 18, United States Code, as
amended by section 504(a), is amended by adding at the end the
following section:
``Sec. 1122. Murder involving firearm
``(a) Offense.--A person who has been found guilty of causing,
through the use of a firearm, as defined in section 921 of this title,
the death of another person, intentionally, knowingly, or through
recklessness manifesting extreme indifference to human life, or through
the intentional infliction of serious bodily injury, shall be punished
by death or imprisoned for any term of years or for life. Whenever the
government seeks a sentence of death under this section, the procedures
set forth in title 18, chapter 228, shall apply.
``(b) Jurisdiction.--There is Federal jurisdiction over an offense
under this section if--
``(1) the conduct of the offender occurred in the course of
an offense against the United States; or
``(2) a firearm involved in the offense has moved at any
time in interstate or foreign commerce.
``(c) It is the intent of Congress that--
``(1) this paragraph shall be used to supplement but not
supplant the efforts of State and local prosecutors in
prosecuting murders involving firearms that have moved in
interstate or foreign commerce that could be prosecuted under
State law; and
``(2) the Attorney General shall give due deference to the
interest that a State or local prosecutor has in prosecuting a
person under Staate law.
``(d) This paragraph does not create any rights, substantive or
procedural, enforceable at law by any party in any manner, civil or
criminal, nor does it place any limitations on otherwise lawful
prerogratives of the Attorney General.''.
(b) Technical Amendment.--The chapter analysis for chapter 51 of
title 18, United States Code, as amended by section 504(b), is amended
by adding at the end the following new item:
``Sec. 1122. Murder involving firearm.''.
SEC. 2407. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO SELL
ILLEGAL DRUGS TO MINORS OR WHO USE MINORS IN DRUG
TRAFFICKING ACTIVITIES.
(a) Distribution to Persons Under Age 18.--Section 418 of the
Controlled Substances Act (21 U.S.C. 859) is amended--
(1) in subsection (a) (first offense) by inserting after
the second sentence ``Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection in a case involving
distribution to a person under 18 years of age by a person 21
or more years of age shall be not less than 10 years.
Notwithstanding any other provision of law, the court shall not
place on probation or suspend the sentence of any person
sentenced under the preceding sentence.''; and
(2) in subsection (b) (second offense) by inserting after
the second sentence ``Except to the extent a greater sentence
is otherwise authorized by section 401(b), a term of
imprisonment under this subsection in a case involving
distribution to a person under 18 years of age by a person 21
or more years of age shall be a mandatory term of life
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under the preceding sentence.''.
(b) Employment of Persons Under 18 Years of Age.--Section 420 of
the Controlled Substances Act (21 U.S.C. 861) is amended--
(1) in subsection (b) by adding at the end the following:
``Except to the extent a greater minimum sentence is otherwise
provided, a term of imprisonment of a person 21 or more years
of age convicted under this subsection shall be not less than
10 years. Notwithstanding any other provision of law, the court
shall not place on probation or suspend the sentence of any
person sentenced under the preceding sentence.''; and
(2) in subsection (c) (penalty for second offenses) by
inserting after the second sentence the following: ``Except to
the extent a greater minimum sentence is otherwise provided, a
term of imprisonment of a person 21 or more years of age
convicted under this subsection shall be a mandatory term of
life imprisonment. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence
of any person sentenced under the preceding sentence.''.
SEC. 2408. LIFE IMPRISONMENT WITHOUT RELEASE FOR DRUG FELONS AND
VIOLENT CRIMINALS CONVICTED A THIRD TIME.
Section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) is amended by striking ``If any person commits a
violation of this subparagraph or of section 418, 419, or 420 after two
or more prior convictions for a felony drug offense have become final,
such person shall be sentenced to a mandatory term of life imprisonment
without release and fined in accordance with the preceding sentence.''
and inserting ``If any person commits a violation of this subparagraph
or of section 418, 419, or 420 (21 U.S.C. 859, 860, and 861) or a crime
of violence after 2 or more prior convictions for a felony drug offense
or crime of violence or for any combination thereof have become final,
such person shall be sentenced to not less than a mandatory term of
life imprisonment without release and fined in accordance with the
preceding sentence. For purposes of this subparagraph, the term `crime
of violence' means an offense that is a felony punishable by a maximum
term of imprisonment of 10 years or more and has as an element the use,
attempted use, or threatened use of physical force against the person
or property of another, or by its nature involves a substantial risk
that physical force against the person or property of another may be
used in the course of committing the offense.''.
SEC. 2409. DIRECTION TO UNITED STATES SENTENCING COMMISSION REGARDING
SENTENCING ENHANCEMENTS FOR HATE CRIMES.
(a) Definition.--In this section, ``hate crime'' means a crime in
which the defendant intentionally selects a victim, or in the case of a
property crime, the property that is the object of the crime, because
of the actual or perceived race, color, religion, national origin,
ethnicity, gender, disability, or sexual orientation of any person.
(b) Sentencing Enhancement.--Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission shall
promulgate guidelines or amend existing guidelines to provide
sentencing enhancements of not less than 3 offense levels for offenses
that the finder of fact at trial determines beyond a reasonable doubt
are hate crimes. In carrying out this section, the United States
Sentencing Commission shall ensure that there is reasonable consistency
with other guidelines, avoid duplicative punishments for substantially
the same offense, and take into account any mitigating circumstances
that might justify exceptions.
SEC. 2410. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS 2252
AND 2256 OF TITLE 18, UNITED STATES CODE.
(a) Declaration.--The Congress declares that in enacting sections
2252 and 2256 of title 18, United States Code, it was and is the intent
of Congress that--
(1) the scope of ``exhibition of the genitals or pubic
area'' in section 2256(2)(E), in the definition of ``sexually
explicit conduct'', is not limited to nude exhibitions or
exhibitions in which the outlines of those areas were
discernible through clothing; and
(2) the requirements in section 2252(a) (1)(A), (2)(A),
(3)(B)(i), and (4)(B)(i) that the production of a visual
depiction involve the use of a minor engaging in ``sexually
explicit conduct'' of the kind described in section 2256(2)(E)
are satisfied if a person photographs a minor in such a way as
to exhibit the child in a lascivious manner.
(b) Sense of the Congress.--It is the sense of the Congress that in
filing its brief in United States v. Knox, No. 92-1183, and thereby
depriving the United States Supreme Court of the adverseness necessary
for full and fair presentation of the issues arising in the case, the
Department of Justice did not accurately reflect the intent of Congress
in arguing that ``the videotapes in [the Knox case] constitute
`lascivious exhibition[s] of the genitals or pubic area' only if those
body parts are visible in the tapes and the minors posed or acted
lasciviously.''.
TITLE XXV--SENTENCING AND MAGISTRATES AMENDMENTS
SEC. 2501. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES IN CERTAIN
CASES.
Section 3561(a)(3) of title 18, United States Code, is amended by
adding at the end: ``However, this paragraph does not preclude the
imposition of a sentence to a term of probation for a petty offense if
the defendant has been sentenced to a term of imprisonment at the same
time for another such offense.''.
SEC. 2502. TRIAL BY A MAGISTRATE IN PETTY OFFENSE CASES.
Section 3401 of title 18, United States Code, is amended--
(1) in subsection (b) by adding ``other than a petty
offense'' after ``misdemeanor''; and
(2) in subsection (g) by amending the first sentence to
read as follows: ``The magistrate judge may, in a petty offense
case involving a juvenile, exercise all powers granted to the
district court under chapter 403 of this title.''.
TITLE XXVI--COMPUTER CRIME
SEC. 2601. COMPUTER ABUSE AMENDMENTS ACT OF 1993.
(a) Short Title.--This title may be cited as the ``Computer Abuse
Amendments Act of 1993''.
(b) Prohibition.--Section 1030(a)(5) of title 18, United States
Code, is amended to read as follows:
``(5)(A) through means of a computer used in interstate
commerce or communications, knowingly causes the transmission
of a program, information, code, or command to a computer or
computer system if--
``(i) the person causing the transmission intends
that such transmission will--
``(I) damage, or cause damage to, a
computer, computer system, network,
information, data, or program; or
``(II) withhold or deny, or cause the
withholding or denial, of the use of a
computer, computer services, system or network,
information, data or program; and
``(ii) the transmission of the harmful component of
the program, information, code, or command--
``(I) occurred without the knowledge and
authorization of the persons or entities who
own or are responsible for the computer system
receiving the program, information, code, or
command; and
``(II)(aa) causes loss or damage to one or
more other persons of value aggregating $1,000
or more during any 1-year period; or
``(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination,
medical diagnosis, medical treatment, or
medical care of one or more individuals; or
``(B) through means of a computer used in interstate
commerce or communication, knowingly causes the transmission of
a program, information, code, or command to a computer or
computer system--
``(i) with reckless disregard of a substantial and
unjustifiable risk that the transmission will--
``(I) damage, or cause damage to, a
computer, computer system, network,
information, data or program; or
``(II) withhold or deny or cause the
withholding or denial of the use of a computer,
computer services, system, network,
information, data or program; and
``(ii) if the transmission of the harmful component
of the program, information, code, or command--
``(I) occurred without the knowledge and
authorization of the persons or entities who
own or are responsible for the computer system
receiving the program, information, code, or
command; and
``(II)(aa) causes loss or damage to one or
more other persons of a value aggregating
$1,000 or more during any 1-year period; or
``(bb) modifies or impairs, or potentially
modifies or impairs, the medical examination,
medical diagnosis, medical treatment, or
medical care of one or more individuals;''.
(c) Penalty.--Section 1030(c) of title 18, United States Code is
amended--
(1) in paragraph (2)(B) by striking ``and'' after the
semicolon;
(2) in paragraph (3)(A) by inserting ``(A)'' after
``(a)(5)''; and
(3) in paragraph (3)(B) by striking the period at the end
thereof and inserting ``; and''; and
(4) by adding at the end thereof the following:
``(4) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under
subsection (a)(5)(B).''.
(d) Civil Action.--Section 1030 of title 18, United States Code, is
amended by adding at the end thereof the following new subsection:
``(g) Any person who suffers damage or loss by reason of a
violation of the section, other than a violation of subsection
(a)(5)(B), may maintain a civil action against the violator to obtain
compensatory damages and injunctive relief or other equitable relief.
Damages for violations of any subsection other than subsection
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic
damages. No action may be brought under this subsection unless such
action is begun within 2 years of the date of the act complained of or
the date of the discovery of the damage.''.
(e) Reporting Requirements.--Section 1030 of title 18 United States
Code, is amended by adding at the end thereof the following new
subsection:
``(h) The Attorney General and the Secretary of the Treasury shall
report to the Congress annually, during the first 3 years following the
date of the enactment of this subsection, concerning investigations and
prosecutions under section 1030(a)(5) of title 18, United States
Code.''.
(f) Prohibition.--Section 1030(a)(3) of title 18 United States
Code, is amended by inserting ``adversely'' before ``affects the use of
the Government's operation of such computer''.
TITLE XXVII--INTERNATIONAL PARENTAL KIDNAPPING
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``International Parental
Kidnapping Crime Act of 1993''.
SEC. 2702. TITLE 18 AMENDMENT.
(a) In General.--Chapter 55 (relating to kidnapping) of title 18,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1204. International parental kidnapping
``(a) Definitions.--In this section--
```child' means a person who has not attained the age of 16
years.
```parental rights', with respect to a child, means the
right to physical custody of the child--
``(A) whether joint or sole (and includes visiting
rights); and
``(B) whether arising by operation of law, court
order, or legally binding agreement of the parties.
``(b) Offense.--A person who removes a child from the United States
or retains a child (who has been in the United States) outside the
United States with intent to obstruct the lawful exercise of parental
rights shall be fined under this title, imprisoned not more than 3
years, or both.
``(c) Affirmative Defenses.--It shall be an affirmative defense
under this section that--
``(1) the defendant acted within the provisions of a valid
court order granting the defendant legal custody or visitation
rights, and that order was obtained pursuant to the Uniform
Child Custody Jurisdiction Act and was in effect at the time of
the offense;
``(2) the defendant was fleeing an incidence or pattern of
domestic violence; or
``(3) the defendant had physical custody of the child
pursuant to a court order granting legal custody or visitation
rights and failed to return the child as a result of
circumstances beyond the defendant's control, and the defendant
notified or made reasonable attempts to notify the other parent
or lawful custodian of the child of such circumstances within
24 hours after the visitation period had expired and returned
the child as soon as possible.
``(d) Rule of Construction.--This section does not detract from The
Hague Convention on the Civil Aspects of International Parental Child
Abduction, done at The Hague on October 25, 1980.''.
(b) Sense of the Congress.--It is the sense of the Congress that,
inasmuch as use of the procedures under The Hague Convention on the
Civil Aspects of International Parental Child Abduction has resulted in
the return of many children, those procedures, in circumstances in
which they are applicable, should be the option of first choice for a
parent who seeks the return of a child who has been removed from the
parent.
(c) Technical Amendment.--The chapter analysis for chapter 55 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1204. International parental kidnapping.''.
SEC. 2703. STATE COURT PROGRAMS REGARDING INTERSTATE AND INTERNATIONAL
PARENTAL CHILD ABDUCTION.
There is authorized to be appropriated $250,000 to carry out under
the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.)
national, regional, and in-State training and educational programs
dealing with criminal and civil aspects of interstate and international
parental child abduction.
TITLE XXVIII--SAFE SCHOOLS
SEC. 2801. SHORT TITLE.
This title may be cited as the ``Safe Schools Act of 1993''.
SEC. 2802. SAFE SCHOOLS.
(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
1204(a), is amended--
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as section 2401; and
(3) by inserting after part V the following new part:
``PART W--SAFE SCHOOLS ASSISTANCE
``SEC. 2301. GRANT AUTHORIZATION.
``(a) In General.--The Director of the Bureau of Justice
Assistance, in consultation with the Secretary of Education, may make
grants to local educational agencies for the purpose of providing
assistance to such agencies most directly affected by crime and
violence.
``(b) Model Project.--The Director, in consultation with the
Secretary of Education, shall develop a written safe schools model in
English and in other appropriate languages in a timely fashion and make
such model available to any local educational agency that requests such
information.
``SEC. 2302. USE OF FUNDS.
``Grants made by the Director under this part shall be used--
``(1) to fund anticrime and safety measures and to develop
education and training programs for the prevention of crime,
violence, and use of illegal drugs and alcohol;
``(2) for counseling programs for victims of crime within
schools;
``(3) for crime prevention equipment, including metal
detectors and video-surveillance devices;
``(4) for the prevention and reduction of the participation
of young individuals in organized crime and drug and gang-
related activities in schools;and
``(5) to fund education programs to teach young individuals
about the United States criminal justice system, including
education about the applicable penalties for the use and sale
of illegal drugs and the commission of violent or drug-related
offenses.
``SEC. 2303. APPLICATIONS.
``(a) In General.--In order to be eligible to receive a grant under
this part for any fiscal year, a local educational agency shall submit
an application to the Director in such form and containing such
information as the Director may reasonably require.
``(b) Requirements.--Each application under subsection (a) shall
include--
``(1) a request for funds for the purposes described in
section 2302;
``(2) a description of the schools and communities to be
served by the grant, including the nature of the crime and
violence problems within such schools;
``(3) assurances that Federal funds received under this
part shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities funded
under this part; and
``(4) statistical information in such form and containing
such information that the Director may require regarding crime
within schools served by such local educational agency.
``(c) Comprehensive Plan.--Each application shall include a
comprehensive plan that shall contain--
``(1) a description of the crime problems within the
schools targeted for assistance;
``(2) a description of the projects to be developed;
``(3) a description of the resources available in the
community to implement the plan together with a description of
the gaps in the plan that cannot be met with existing
resources;
``(4) an explanation of how the requested grant will be
used to fill gaps;
``(5) a description of the system the applicant will
establish to prevent and reduce crime problems; and
``(6) a description of educational materials to be
developed in English and in other appropriate languages.
``SEC. 2304. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
``(a) Administrative Cost Limitation.--The Director shall use not
more than 5 percent of the funds available under this part for the
purposes of administration and technical assistance.
``(b) Renewal of Grants.--A grant under this part may be renewed
for up to 2 additional years after the first fiscal year during which
the recipient receives its initial grant under this part, subject to
the availability of funds, if--
``(1) the Director determines that the funds made available
to the recipient during the previous year were used in a manner
required under the approved application; and
``(2) the Director determines that an additional grant is
necessary to implement the crime prevention program described
in the comprehensive plan as required by section 2303(c).
``SEC. 2305. AWARD OF GRANTS.
``(a) Selection of Recipients.--The Director, in consultation with
the Secretary of Education, shall consider the following factors in
awarding grants to local educational agencies:
``(1) Crime problem.--The nature and scope of the crime
problem in the targeted schools.
``(2) Need and ability.--Demonstrated need and evidence of
the ability to provide the services described in the plan
required under section 2303(c).
``(b) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2306. REPORTS.
``(a) Report to Director.--Local educational agencies that receive
funds under this part shall submit to the Director a report not later
than March 1 of each year that describes progress achieved in carrying
out the plan required under section 2303(c).
``(b) Report to Congress.--The Director shall submit to the
Committee on Education and Labor and the Committee on the Judiciary a
report by October 1 of each year in which grants are made available
under this part which shall contain a detailed statement regarding
grant awards, activities of grant recipients, a compilation of
statistical information submitted by applicants under 2303(b)(4), and
an evaluation of programs established under this part.
``SEC. 2307. DEFINITIONS.
``For the purposes of this part:
``(1) The term `Director' means the Director of the Bureau
of Justice Assistance.
``(2) The term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control or
direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State, or
such combination of school districts of counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools. Such term includes any
other public institution or agency having administrative
control and direction of a public elementary or secondary
school.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 1204(b), is amended by striking the matter
relating to part W and inserting the following:
``Part W--Safe Schools Assistance
``Sec. 2301. Grant authorization.
``Sec. 2302. Use of funds.
``Sec. 2303. Applications.
``Sec. 2304. Allocation of funds; limitations on grants.
``Sec. 2305. Award of grants.
``Sec. 2306. Reports.
``Sec. 2307. Definitions.
``Part X--Transition; Effective Date; Repealer
``Sec. 2401. Continuation of rules, authorities, and proceedings.''.
(c) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 1204(d), is amended--
(1) in paragraph (3) by striking ``and V'' and inserting
``V, and W''; and
(2) by adding at the end the following new paragraph:
``(17) There are authorized to be appropriated to carry out
projects under part W $100,000,000 for each of fiscal years 1994, 1995,
and 1996.''.
SEC. 2803. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS PROGRAM.
(a) Short Title; Definitions.--
(1) Short title.--This section may be cited as the ``State
Leadership Activities to Promote Safe Schools Act''.
(2) Definitions.--For the purpose of this section--
(A) the term ``local educational agency'' has the
same meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(12));
(B) the term ``Secretary'' means the Secretary of
Education;
(C) the term ``State educational agency'' has the
same meaning given such term in section 1471(23) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(23)); and
(D) the term ``State'' means each of the 50 States,
the District of Columbia and the Commonwealth of Puerto
Rico.
(b) Authority.--The Secretary is authorized to award grants to
State educational agencies from allocations under subsection (c) to
enable such agencies to carry out the authorized activities described
in subsection (e).
(c) Allocation.--Each State educational agency having on
application approved under subsection (d) shall be eligible to receive
a grant under this section for each fiscal year that bears the same
ratio to the amount appropriated pursuant to the authority of
subsection (f) for such year as the amount such State educational
agency receives pursuant to section 1006 of the Elementary and
Secondary Education Act of 1965 for such year bears to the total amount
allocated to all such agencies in all States having applications
approved under subsection (d) for such year, except that no State
educational agency having an application approved under subsection (d)
in any fiscal year shall receive less than $100,000 for such year.
(d) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner and containing such information as the Secretary
may reasonably require. Each such application shall--
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational agency's
goals and objectives for violence prevention and a description
of the procedures to be used for assessing and publicly
reporting progress toward meeting those goals and objectives;
and
(3) contain a description of how the State educational
agency will coordinate such agency's activities under this
section with the violence prevention efforts of other State
agencies.
(e) Use of Funds.--Grant funds awarded under this section shall be
used--
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural and urban
local school districts;
(3) to disseminate to local educational agencies and
schools information on successful school violence prevention
programs funded through Federal, State, local and private
sources;
(4) to make available to local educational agencies teacher
training and parent and student awareness programs, which
training and programs may be provided through video or other
telecommunications approaches; and
(5) for other activities the State educational agency may
deem appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 1995 and 1996 to
carry out this section.
TITLE XXIX--MISCELLANEOUS
Subtitle A--Increases in Penalties
SEC. 2901. INCREASED PENALTIES FOR ASSAULT.
(a) Certain Officers and Employees.--Section 111 of title 18,
United States Code, is amended--
(1) in subsection (a) by inserting ``, where the acts in
violation of this section constitute only simple assault, be
fined under this title or imprisoned not more than one year, or
both, and in all other cases,'' after ``shall'';
(2) in subsection (b) by inserting ``or inflicts bodily
injury'' after ``weapon''.
(b) Foreign Officials, Official Guests, and Internationally
Protected Persons.--Section 112(a) of title 18, United States Code, is
amended--
(1) by striking ``not more than $5,000'' and inserting
``under this title'';
(2) by inserting ``, or inflicts bodily injury,'' after
``weapon''; and
(3) by striking ``not more than $10,000'' and inserting
``under this title''.
(c) Maritime and Territorial Jurisdiction.--Section 113 of title
18, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``of not more than $1,000'' and
inserting ``under this title''; and
(B) by striking ``five'' and inserting ``ten''; and
(2) in subsection (e)--
(A) by striking ``of not more than $300'' and
inserting ``under this title''; and
(B) by striking ``three'' and inserting ``six''.
(d) Congress, Cabinet, or Supreme Court.--Section 351(e) of title
18, United States Code, is amended--
(1) by striking ``not more than $5,000,'' and inserting
``under this title,'';
(2) by inserting ``the assault involved in the use of a
dangerous weapon, or'' after ``if'';
(3) by striking ``not more than $10,000'' and inserting
``under this title''; and
(4) by striking ``for''.
(e) President and President's Staff.--Section 1751(e) of title 18,
United States Code, is amended--
(1) by striking ``not more than $10,000,'' both places it
appears and inserting ``under this title,'';
(2) by striking ``not more than $5,000,'' and inserting
``under this title,''; and
(3) by inserting ``the assault involved the use of a
dangerous weapon, or'' after ``if''.
SEC. 2902. INCREASED PENALTIES FOR MANSLAUGHTER.
Section 1112 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``fined under this title or''
after ``shall be'' in the first undesignated paragraph;
and
(B) by inserting ``, or both'' after ``years'';
(2) by striking ``not more than $1,000'' and inserting
``under this title''; and
(3) by striking ``three'' and inserting ``six''.
SEC. 2903. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.
(a) Conspiracy Against Rights.--Section 241 of title 18, United
States Code, is amended--
(1) by striking ``not more than $10,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill'' after
``results'';
(3) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(4) by inserting ``, or both'' after ``life''.
(b) Deprivation of Rights.--Section 242 of title 18, United States
Code, is amended--
(1) by striking ``more more than $1,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire,''
after ``bodily injury results'';
(3) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title, or'' after ``death results'';
(4) by striking ``shall be subject to imprisonment'' and
inserting ``imprisoned''; and
(5) by inserting ``, or both'' after ``life''.
(c) Federally Protected Activities.--Section 245(b) of title 18,
United States Code, is amended in the matter following paragraph (5)--
(1) by striking ``not more than $1,000'' and inserting
``under this title'';
(2) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire''
after ``bodily injury results;
(3) by striking ``not more than $10,000'' and inserting
``under this title'';
(4) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,'' after ``death
results'';
(5) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(6) by inserting ``, or both'' after ``life''.
(d) Damage to Religious Property.--Section 247 of title 18, United
States Code, is amended--
(1) in subsection (c)(1) by inserting ``from acts committed
in violation of this section or if such acts include kidnapping
or an attempt to kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an attempt to kill''
after ``death results'';
(2) in subsection (c)(2)--
(A) by striking ``serious''; and
(B) by inserting ``from the acts committed in
violation of this section or if such acts include the
use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire'' after ``bodily injury
results''; and
(3) by amending subsection (e) to read as follows:
``(e) As used in this section, the term `religious property' means
any church, synagogue, mosque, religious cemetery, or other religious
property.''.
(e) Fair Housing Act.--Section 901 of the Fair Housing Act (42
U.S.C. 3631) is amended--
(1) in the caption by striking ``bodily injury; death;'';
(2) by striking ``not more than $1,000,'' and inserting
``under this title'';
(3) by inserting ``from the acts committed in violation of
this section or if such acts include the use, attempted use, or
threatened use of a dangerous weapon, explosives, or fire''
after ``bodily injury results'';
(4) by striking ``not more than $10,000,'' and inserting
``under this title'';
(5) by inserting ``from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,'' after ``death
results'';
(6) by striking ``subject to imprisonment'' and inserting
``fined under this title or imprisoned''; and
(7) by inserting ``, or both'' after ``life''.
SEC. 2904. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND SERVICES.
(a) In General.--Section 2320(a) of title 18, United States Code,
is amended--
(1) in the first sentence--
(A) by striking ``Whoever'' and inserting ``A
person who''; and
(B) by striking ``if an individual, be fined not
more than $250,000 or imprisoned not more than 5 years,
or both, and, if a person other than an individual, be
fined not more than $1,000,000'' and inserting ``be
imprisoned not more than 10 years, fined under this
title, or both''; and
(2) in the second sentence by striking ``if an individual,
shall be fined not more than $1,000,000 or imprisoned not more
than fifteen years, or both, and, if other than an individual,
shall be fined not more than $5,000,000'' and inserting ``shall
be imprisoned not more than 20 years, fined under this title,
or both''.
(b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking ``or section 2319
(relating to copyright infringement),'' and inserting ``section 2319
(relating to copyright infringement), or section 2320 (relating to
trafficking in counterfeit goods and services),''.
SEC. 2905. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MURDER FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended by
inserting ``or who conspires to do so'' before ``shall be fined'' the
first place it appears.
SEC. 2906. INCREASED PENALTIES FOR TRAVEL ACT VIOLATIONS.
Section 1952(a) of title 18, United States Code, is amended by
striking ``and thereafter performs or attempts to perform any of the
acts specified in subparagraphs (1), (2), and (3), shall be fined not
more than $10,000 or imprisoned for not more than 5 years, or both''
and inserting ``and thereafter performs or attempts to perform (A) any
of the acts described in paragraphs (1) and (3) shall be fined under
this title, imprisoned for not more than 5 years, or both, or (B) any
of the acts described in paragraph (2) shall be fined under this title,
imprisoned for not more than 20 years, or both, and if death results
shall be imprisoned for any term of years or for life''.
SEC. 2907. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (f)--
(A) by striking ``not more than ten years, or fined
not more than $10,000'' and inserting ``not less than
five years and not more than 20 years, fined the
greater of $100,000 or the cost of repairing or
replacing any property that is damaged or destroyed'';
and
(B) by striking ``not more than twenty years, or
fined not more than $10,000'' and inserting ``not less
than five years and not more than 40 years, fined the
greater of $200,000 or the cost of repairing or
replacing any property that is damaged or destroyed'';
(2) in subsection (h)--
(A) in the first sentence by striking ``five
years'' and inserting ``10 years''; and
(B) in the second sentence by striking ``ten
years'' and inserting ``20 years''; and
(3) in subsection (i)--
(A) by striking ``not more than ten years or fined
not more than $10,000'' and inserting ``not less than
five years and not more than 20 years, fined the
greater of $100,000 or the cost of repairing or
replacing any property that is damaged or destroyed'';
and
(B) by striking ``not more than twenty years or
fined not more than $10,000'' and inserting ``not less
than five years and not more than 40 years, fined the
greater of $200,000 or the cost of repairing or
replacing any property that is damaged or destroyed''.
Subtitle B--Extension of Protection of Civil Rights Statutes
SEC. 2911. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES.
(a) Conspiracy Against Rights.--Section 241 of title 18, United
States Code, is amended by striking ``inhabitant of'' and inserting
``person in''.
(b) Deprivation of Rights Under Color of Law.--Section 242 of title
18, United States Code, is amended--
(1) by striking ``inhabitant of'' and inserting ``person
in''; and
(2) by striking ``such inhabitant'' and inserting ``such
person''.
Subtitle C--Audit and Report
SEC. 2921. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW ENFORCEMENT
AGENCIES RECEIVING FEDERAL ASSET FORFEITURE FUNDS.
(a) State Requirement.--Section 524(c)(7) of title 28, United
States Code, is amended to read as follows:
``(7)(A) The Fund shall be subject to annual audit by the
Comptroller General.
``(B) The Attorney General shall require that any State or
local law enforcement agency receiving funds conduct an annual
audit detailing the uses and expenses to which the funds were
dedicated and the amount used for each use or expense and
report the results of the audit to the Attorney General.''.
(b) Inclusion in Attorney General's Report.--Section 524(c)(6)(C)
of title 28, United States Code, is amended by adding at the end the
following flush sentence: ``The report should also contain all annual
audit reports from State and local law enforcement agencies required to
be reported to the Attorney General under subparagraph (B) of paragraph
(7).''.
SEC. 2922. REPORT TO CONGRESS ON ADMINISTRATIVE AND CONTRACTING
EXPENSES.
Section 524(c)(6) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a report for such fiscal year containing a
description of the administrative and contracting expenses paid
from the Fund under paragraph (1)(A).''.
Subtitle D--Gambling
SEC. 2931. CRIMINAL HISTORY RECORD INFORMATION FOR THE ENFORCEMENT OF
LAWS RELATING TO GAMING.
A State gaming enforcement office located within a State Attorney
General's office may obtain from the Interstate Identification Index of
the FBI criminal history record information for licensing purposes
through an authorized criminal justice agency.
SEC. 2932. CLARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION AGAINST
GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
(a) The first paragraph of section 1081 of title 18, United States
Code, is amended by adding at the end the following: ``Such term does
not include a vessel with respect to gambling aboard such vessel beyond
the territorial waters of the United States during a covered voyage (as
defined in section 4472 of the Internal Revenue Code of 1986 in effect
as of September 21, 1993).''.
Subtitle E--White Collar Crime Amendments
SEC. 2941. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAPPING.
(a) Proceeds of Extortion.--Chapter 41 of title 18, United States
Code, is amended--
(1) by adding at the end the following new section:
``Sec. 880. Receiving the proceeds of extortion
``A person who receives, possesses, conceals, or disposes of any
money or other property which was obtained from the commission of any
offense under this chapter that is punishable by imprisonment for more
than 1 year, knowing the same to have been unlawfully obtained, shall
be imprisoned not more than 3 years, fined under this title, or
both.''; and
(2) in the table of sections, by adding at the end the
following new item:
``880. Receiving the proceeds of extortion.''.
(b) Ransom Money.--Section 1202 of title 18, United States Code, is
amended--
(1) by designating the existing matter as subsection
``(a)''; and
(2) by adding the following new subsections:
``(b) A person who transports, transmits, or transfers in
interstate or foreign commerce any proceeds of a kidnapping punishable
under State law by imprisonment for more than 1 year, or receives,
possesses, conceals, or disposes of any such proceeds after they have
crossed a State or United States boundary, knowing the proceeds to have
been unlawfully obtained, shall be imprisoned not more than 10 years,
fined under this title, or both.
``(c) For purposes of this section, the term `State' has the
meaning set forth in section 245(d) of this title.''.
SEC. 2942. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.
Section 2114 of title 18, United States Code, is amended--
(1) by designating the existing matter as subsection (a);
and
(2) by adding at the end the following new subsection:
``(b) A person who receives, possesses, conceals, or disposes of
any money or other property which has been obtained in violation of
this section, knowing the same to have been unlawfully obtained, shall
be imprisoned not more than 10 years, fined under this title, or
both.''.
SEC. 2943. CONFORMING ADDITION TO OBSTRUCTION OF CIVIL INVESTIGATIVE
DEMAND STATUTE.
Section 1505 of title 18, United States Code, is amended by
inserting ``section 1968 of this title, section 3733 of title 31,
United States Code or'' before ``the Antitrust Civil Process Act''.
SEC. 2944. CONFORMING ADDITION OF PREDICATE OFFENSES TO FINANCIAL
INSTITUTIONS REWARDS STATUTE.
Section 3059A of title 18, United States Code, is amended--
(1) by inserting ``225,'' after ``215'';
(2) by striking ``or'' before ``1344''; and
(3) by inserting ``, or 1517'' after ``1344''.
SEC. 2945. DEFINITION OF SAVINGS AND LOAN ASSOCIATION IN BANK ROBBERY
STATUTE.
Section 2113 of title 18, United States Code, is amended by adding
at the end the following:
``(h) As used in this section, the term `savings and loan
association' means (1) any Federal savings association or State savings
association (as defined in section 3(b) of the Federal Deposit
Insurance Act, 12 U.S.C. 1813(b)) having accounts insured by the
Federal Deposit Insurance Corporation, and (2) any corporation
described in section 3(b)(1)(C) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(b)(1)(C)) which is operating under the laws of the
United States.''.
SEC. 2946. CONFORMING DEFINITION OF ``1-YEAR PERIOD'' IN 18 U.S.C.
1516.
Section 1516(b) of title 18, United States Code, is amended--
(1) by inserting ``(i)'' before ``the term''; and
(2) by inserting before the period the following: ``, and
(ii) the term `in any 1 year period' has the meaning given to
the term `in any 1-year period' in section 666 of this
title.''.
Subtitle F--Safer Streets and Neighborhoods
SEC. 2951. SHORT TITLE.
This subtitle may be cited as the ``Safer Streets and Neighborhoods
Act of 1993''.
SEC. 2952. LIMITATION ON GRANT DISTRIBUTION.
(a) Amendment.--Section 510(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended by
inserting ``non-Federal'' after ``with''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1993.
Subtitle G--Other Provisions
SEC. 2961. OPTIONAL VENUE FOR ESPIONAGE AND RELATED OFFENSES.
(a) In General.--Chapter 211 of title 18, United States Code, is
amended by inserting after section 3238 the following new section:
``Sec. 3239. Optional venue for espionage and related offenses
``The trial for any offense involving a violation, begun or
committed upon the high seas or elsewhere out of the jurisdiction of
any particular State or district, of--
``(1) section 793, 794, 798, or section 1030(a)(1) of this
title;
``(2) section 601 of the National Security Act of 1947 (50
U.S.C. 421); or
``(3) section 4(b) or 4(c) of the Subversive Activities
Control Act of 1950 (50 U.S.C. 783 (b) or (c));
may be in the District of Columbia or in any other district authorized
by law.''.
(b) Technical Amendment.--The item relating to section 3239 in the
table of sections of chapter 211 of title 18, United States Code, is
amended to read as follows:
``3239. Optional venue for espionage and related offense.''.
SEC. 2962. UNDERCOVER OPERATIONS.
(a) In General.--Chapter 1 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 21. Stolen or counterfeit nature of property for certain crimes
defined
``(a) Wherever in this title it is an element of an offense that--
``(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made, forged,
or obliterated; and
``(2) the defendant knew that the property was of such
character;
such element may be established by proof that the defendant, after or
as a result of an official representation as to the nature of the
property, believed the property to be embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made, forged, or
obliterated.
``(b) For purposes of this section, the term `official
representation' means any representation made by a Federal law
enforcement officer (as defined in section 115) or by another person at
the direction or with the approval of such an officer.''.
(b) Technical Amendment.--The table of sections of chapter 1 of
title 18, United States Code, is amended by adding at the end the
following new item:
``21. Stolen or counterfeit nature of property for certain crimes
defined.''.
SEC. 2963. UNDERCOVER OPERATIONS--CHURNING.
Section 7601(c)(3) of the Anti-Drug Abuse Act of 1988 (relating to
effective date) is amended to read as follows:
``(3) Effective date.--The amendments made by this
subsection shall take effect on the date of the enactment of
this Act and shall cease to apply after December 31, 1994.''.
SEC. 2964. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of enactment of
this Act, the Attorney General and the Secretary of Health and Human
Services shall transmit to the Congress a report on the medical and
psychological basis of ``battered women's syndrome'' and on the extent
to which evidence of the syndrome has been held to be admissible as
evidence of guilt or as a defense in a criminal trial.
(b) Components of the Report.--The report described in subsection
(a) shall include--
(1) medical and psychological testimony on the validity of
battered women's syndrome as a psychological condition;
(2) a compilation of State and Federal court cases that
have admitted evidence of battered women's syndrome as evidence
of guilt as a defense in criminal trials; and
(3) an assessment by State and Federal judges, prosecutors,
and defense attorneys on the effects that evidence of battered
women's syndrome may have in criminal trials.
SEC. 2965. WIRETAPS.
Section 2511(1) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (c);
(2) by inserting ``or'' at the end of paragraph (d); and
(3) by adding after paragraph (d) the following new
paragraph:
``(e)(i) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or
electronic communication, intercepted by means authorized by
sections 2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518
of this subchapter, (ii) knowing or having reason to know that
the information was obtained through the interception of such a
communication in connection with a criminal investigation,
(iii) having obtained or received the information in connection
with a criminal investigation, (iv) with intent to improperly
obstruct, impede, or interfere with a duly authorized criminal
investigation,''.
SEC. 2966. THEFT OF MAJOR ARTWORK.
(a) Offense.--Chapter 31 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 668. Theft of major artwork
``(a) Definitions.--In this section--
```museum' means an organized and permanent institution,
the activities of which affect interstate or foreign commerce,
that--
``(A) is situated in the United States;
``(B) is established for an essentially educational
or aesthetic purpose;
``(C) has a professional staff; and
``(D) owns, utilizes, and cares for tangible
objects that are exhibited to the public on a regular
schedule.
```object of cultural heritage' means an object of art or
cultural significance that is registered with the International
Foundation for Art Research or an equivalent registry.''.
``(b) Offenses.--A person who--
``(1) steals or obtains by fraud from the care, custody, or
control of a museum any object of cultural heritage; or
``(2) knowing that an object of cultural heritage has been
stolen or obtained by fraud, if in fact the object was stolen
or obtained from the care, custody, or control of a museum
(whether or not that fact is known to the person), receives,
conceals, exhibits, or disposes of the object,
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
(b) Forfeiture.--
(1) Civil.--Section 981(a)(1)(C) of title 18, United States
Code, is amended by inserting ``668,'' after ``657,''.
(2) Criminal.--Section 982(a)(2) of title 18, United States
Code, is amended by inserting ``668,'' after ``545''.
(c) Period of Limitation.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following new section:
``Sec. 3294. Theft of major artwork
``No person shall be prosecuted, tried, or punished for a violation
of or conspiracy to violate section 668 unless the indictment is
returned or the information is filed within 20 years after the
commission of the offense.''.
(d) Technical Amendments.--
(1) Chapter 31.--The chapter analysis for chapter 31 of
title 18, United States Code, is amended by adding at the end
the following new item:
``668. Theft of major artwork.''.
(2) Chapter 213.--The chapter analysis for chapter 31 of
title 18, United States Code, is amended by adding at the end
the following new item:
``3294. Theft of major artwork.''.
SEC. 2967. BALANCE IN THE CRIMINAL JUSTICE SYSTEM.
(a) Findings.--The Congress finds that--
(1) an adequately supported Federal judiciary is essential
to the enforcement of law and order in the United States,
(2) section 331 of title 28 provides in pertinent part that
the Chief Justice shall submit to Congress an annual report of
the proceedings of the Judicial Conference and its
recommendations for legislation,
(3) in 1990, in response to the recommendations of the
Judicial Conference for additional judgeships, Congress enacted
legislation creating 85 additional judgeships with an effective
date of December 1, 1990,
(4) during the previous administration, it took an average
of 502 days from the time a judgeship became vacant until such
vacancy was filled,
(5) the enactment of legislation providing additional
funding for the investigation and prosecution facets of the
criminal justice system has a direct and positive impact on the
needs and workload of the Judiciary, which is already severely
overloaded with criminal cases,
(6) recommendations by the Judicial Conference for the
filling of judicial vacancies are currently made on the basis
of historical data alone,
(7) the General Accounting Office, pursuant to the 1988
Anti-Drug Abuse Act, has developed a computer model that
measures the potential effect of fiscal increases on one or
more parts of the criminal justice system on the Judiciary,
(8) the General Accounting Office has established that an
increase in the resources allocated to the investigative and
prosecutorial parts of the criminal justice system, brings
about an increase in the number of criminal cases filed, which
in turn adds to the need for additional judgeships,
(9) the allocation of resources to portions of the Federal
criminal justice system other than the Judiciary contributes to
the need for additional judgeships that cannot be anticipated
by the use of historical data alone, and
(10) the use of historical data alone, because of its
inability to project the need for additional judgeships
attributable to the increase in criminal caseload adds to the
delay in meeting the needs of the Judiciary.
(b) Sense of the Senate.--It is the sense of the Senate that the
Judicial Conference should be encouraged to make its recommendations to
Congress for additional judgeships utilizing historical data and a
workload estimate model designed to anticipate an increase in criminal
filings resulting from increased funding in one or more components of
the Federal criminal justice system, and to take into account the time
expended in the appointive and confirmation process.
SEC. 2968. MISUSE OF INITIALS ``DEA''.
(a) Amendment.--Section 709 of title 18, United States Code, is
amended--
(1) in the thirteenth unnumbered paragraph by striking
``words--'' and inserting ``words; or''; and
(2) by inserting after the thirteenth unnumbered paragraph
the following new paragraph:
``A person who, except with the written permission of the
Administrator of the Drug Enforcement Administration, knowingly uses
the words `Drug Enforcement Administration' or the initials `DEA' or
any colorable imitation of such words or initials, in connection with
any advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or other
production, in a manner reasonably calculated to convey the impression
that such advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or other
production is approved, endorsed, or authorized by the Drug Enforcement
Administration;''.
(b) Effective Date.--The amendment made by subsection (a) shall
become effective on the date that is 90 days after the date of
enactment of this Act.
SEC. 2969. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUGGLING, AND
PROPERTY DAMAGE OFFENSES TO ELIMINATE INCONSISTENCIES AND
GAPS IN COVERAGE.
(a) Robbery and Burglary.--(1) Section 2111 of title 18, United
States Code, is amended by inserting ``or attempts to take'' after
``takes''.
(2) Section 2112 of title 18, United States Code, is amended by
inserting ``or attempts to rob'' after ``robs''.
(3) Section 2114 of title 18, United States Code, is amended by
inserting ``or attempts to rob'' after ``robs''.
(b) Kidnapping.--Section 1201(d) of title 18, United States Code,
is amended by striking ``Whoever attempts to violate subsection (a)(4)
or (a)(5)'' and inserting ``Whoever attempts to violate subsection
(a)''.
(c) Smuggling.--Section 545 of title 18, United States Code, is
amended by inserting ``or attempts to smuggle or clandestinely
introduce'' after ``smuggles, or clandestinely introduces''.
(d) Malicious Mischief.--(1) Section 1361 of title 18, United
States Code, is amended--
(A) by inserting ``or attempts to commit any of the
foregoing offenses'' before ``shall be punished'', and
(B) by inserting ``or attempted damage'' after ``damage''
each place it appears.
(2) Section 1362 of title 18, United States Code, is amended by
inserting ``or attempts willfully or maliciously to injure or destroy''
after ``willfully or maliciously injures or destroys''.
(3) Section 1366 of title 18, United States Code, is amended--
(A) by inserting ``or attempts to damage'' after
``damages'' each place it appears;
(B) by inserting ``or attempts to cause'' after ``causes'';
and
(C) by inserting ``or would if the attempted offense had
been completed have exceeded'' after ``exceeds'' each place it
appears.
SEC. 2970. DEFINITION OF LIVESTOCK.
Section 2311 of title 18, United States Code, is amended by
inserting after the second paragraph relating to the definition of
``cattle'' the following new paragraph:
```Livestock' means any domestic animals raised for home use,
consumption, or profit, such as horses, pigs, goats, fowl, sheep, and
cattle, or the carcasses thereof.''.
SEC. 2971. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
Section 844(i) of title 18, United States Code, is amended by
adding at the end the following: ``No person shall be prosecuted,
tried, or punished for any noncapital offense under this subsection
unless the indictment is found or the information is instituted within
10 years after the date on which the offense was committed.''.
SEC. 2972. GUN-FREE SCHOOL ZONES.
(a) Amendment of Title 18, United States Code.--Section 922(q) of
title 18 , United States Code, is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively; and
(2) by inserting after ``(q)'' the following new paragraph:
``(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns,
is a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both the
Judiciary Committee of the House of Representatives and
Judiciary Committee of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to or
through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to send
their children to school for the same reason;
``(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an
adverse impact on interstate commerce and the foreign commerce
of the United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves; even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) Congress has power, under the interstate commerce
clause and other provisions of the Constitution, to enact
measures to ensure the integrity and safety of the Nation's
schools by enactment of this subsection.''.
TITLE XXX--TECHNICAL CORRECTIONS
SEC. 3001. AMENDMENTS RELATING TO FEDERAL FINANCIAL ASSISTANCE FOR LAW
ENFORCEMENT.
(a) Cross Reference Corrections.--(1) 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 (a) by striking ``Of'' and inserting
``Subject to subsection (f), of'',
(2) in subsection (c) by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'',
(3) in subsection (e) by striking ``or (e)'' and inserting
``or (f)'',
(4) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by striking ``, taking into
consideration subsection (e) but'', and
(ii) by striking ``this subsection,'' and
inserting ``this subsection'', and
(B) in subparagraph (B) by striking ``amount'' and
inserting ``funds''.
(b) Correctional Options Grants.--(1) Section 515(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(A) by striking ``subsection (a)(1) and (2)'' and inserting
``paragraphs (1) and (2) of subsection (a)'', and
(B) in paragraph (2) by striking ``States'' and inserting
``public agencies''.
(2) Section 516 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended--
(A) in subsection (a) by striking ``for section'' each
place it appears and inserting ``shall be used to make grants
under section'', and
(B) in subsection (b) by striking ``section 515(a)(1) or
(a)(3)'' and inserting ``paragraph (1) or (3) of section
515(a)''.
(c) Denial or Termination of Grant.--Section 802(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3783(b)) is amended by striking ``M,,'' and inserting ``M,''.
(d) Definitions.--Section 901(a)(21) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) is
amended by adding a semicolon at the end.
(e) Public Safety Officers Disability Benefits.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796) is
amended--
(1) in section 1201--
(A) in subsection (a) by striking ``subsection
(g)'' and inserting ``subsection (h),'', and
(B) in subsection (b)--
(i) by striking ``subsection (g)'' and
inserting ``subsection (h)'',
(ii) by striking ``personal'', and
(iii) in the first proviso by striking
``section'' and inserting ``subsection'', and
(2) in section 1204(3) by striking ``who was responding to
a fire, rescue or police emergency''.
(f) Headings.--(1) The heading for part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended
to read as follows:
``part m--regional information sharing systems''.
(2) The heading for part O of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended to read as
follows:
``part o--rural drug enforcement''.
(g) Table of Contents.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended--
(1) in the item relating to section 501 by striking ``Drug
Control and System Improvement Grant'' and inserting ``drug
control and system improvement grant'',
(2) in the item relating to section 1403 by striking
``Application'' and inserting ``Applications'', and
(3) in the items relating to part O by redesignating
sections 1401 and 1402 as sections 1501 and 1502, respectively.
(h) Other Technical Amendments.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) in section 202(c)(2)(E) by striking ``crime,,'' and
inserting ``crime,'',
(2) in section 302(c)(19) by striking a period at the end
and inserting a semicolon,
(3) in section 602(a)(1) by striking ``chapter 315'' and
inserting ``chapter 319'',
(4) in section 603(a)(6) by striking ``605'' and inserting
``606'',
(5) in section 605 by striking ``this section'' and
inserting ``this part'',
(6) in section 606(b) by striking ``and Statistics'' and
inserting ``Statistics'',
(7) in section 801(b)--
(A) by striking ``parts D,'' and inserting
``parts'',
(B) by striking ``part D'' each place it appears
and inserting ``subpart 1 of part E'',
(C) by striking ``403(a)'' and inserting ``501'',
and
(D) by striking ``403'' and inserting ``503'',
(8) in the first sentence of section 802(b) by striking
``part D,'' and inserting ``subpart 1 of part E or under
part'',
(9) in the second sentence of section 804(b) by striking
``Prevention or'' and inserting ``Prevention, or'',
(10) in section 808 by striking ``408, 1308,'' and
inserting ``507'',
(11) in section 809(c)(2)(H) by striking ``805'' and
inserting ``804'',
(12) in section 811(e) by striking ``Law Enforcement
Assistance Administration'' and inserting ``Bureau of Justice
Assistance'',
(13) in section 901(a)(3) by striking ``and,'' and
inserting ``, and'',
(14) in section 1001(c) by striking ``parts'' and inserting
``part''.
(i) Conforming Amendment to Other Law.--Section 4351(b) of title
18, United States Code, is amended by striking ``Administrator of the
Law Enforcement Assistance Administration'' and inserting ``Director of
the Bureau of Justice Assistance''.
SEC. 3002. GENERAL TITLE 18 CORRECTIONS.
(a) Section 1031.--Section 1031(g)(2) of title 18, United States
Code, is amended by striking ``a government'' and inserting ``a
Government''.
(b) Section 208.--Section 208(c)(1) of title 18, United States
Code, is amended by striking ``Banks'' and inserting ``banks''.
(c) Section 1007.--The heading for section 1007 of title 18, United
States Code, is amended by striking ``Transactions'' and inserting
``transactions'' in lieu thereof.
(d) Section 1014.--Section 1014 of title 18, United States Code, is
amended by striking the comma which follows a comma.
(e) Elimination of Obsolete Cross Reference.--Section 3293 of title
18, United States Code, is amended by striking ``1008,''.
(f) Elimination of Duplicate Subsection Designation.--Section 1031
of title 18, United States Code, is amended by redesignating the second
subsection (g) as subsection (h).
(g) Clerical Amendment to Part I Table of Chapters.--The item
relating to chapter 33 in the table of chapters for part I of title 18,
United States Code, is amended by striking ``701'' and inserting
``700''.
(h) Amendment to Section 924(a)(1)(b).--Section 924(a)(1)(B) of
title 18, United States Code, is amended by striking ``(q)'' and
inserting ``(r)''.
(i) Amendment to Section 3143.--The last sentence of section
3143(b) of title 18, United States Code, is amended by striking
``(b)(2)(D)'' and inserting ``(1)(B)(iv)''.
(j) Amendment to Table of Chapters.--The table of chapters at the
beginning of part I of title 18, United States Code, is amended by
striking the item relating to the chapter 113A added by section 132 of
Public Law 102-27, but subsequently repealed.
(k) Punctuation Correction.--Section 207(c)(2)(A)(ii) of title 18,
United States Code, is amended by striking the semicolon at the end and
inserting a comma.
(l) Table of Contents Correction.--The table of contents for
chapter 223 of title 18, United States Code, is amended by adding at
the end the following:
``3509. Child Victims' and child witnesses' rights.''.
(m) Elimination of Superfluous Comma.--Section 3742(b) of title 18,
United States Code, is amended by striking ``Government,'' and
inserting ``Government''.
SEC. 3003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND
MISDESIGNATIONS.
(a) Section 1791 of Title 18.--Section 1791(b) of title 18, United
States Code, is amended by striking ``(c)'' each place it appears and
inserting ``(d)''.
(b) Section 1956 of Title 18.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 1822 of the Mail
Order Drug Paraphernalia Control Act (100 Stat. 3207-51; 21 U.S.C.
857)'' and inserting ``section 422 of the Controlled Substances Act (21
U.S.C. 863)''.
(c) Section 2703 of Title 18.--Section 2703(d) of title 18, United
States Code, is amended by striking ``section 3126(2)(A)'' and
inserting ``section 3127(2)(A)''.
(d) Section 666 of Title 18.--Section 666(d) of title 18, United
States Code, is amended--
(1) by redesignating the second paragraph (4) as paragraph
(5);
(2) by striking ``and'' at the end of paragraph (3); and
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''.
(e) Section 4247 of Title 18.--Section 4247(h) of title 18, United
States Code, is amended by striking ``subsection (e) of section 4241,
4243, 4244, 4245, or 4246,'' and inserting ``subsection (e) of section
4241, 4244, 4245, or 4246, or subsection (f) of section 4243,''.
(f) Section 408 of the Controlled Substance.--Section 408(b)(2)(A)
of the Controlled Substances Act (21 U.S.C. 848(b)(2)(A)) is amended by
striking ``subsection (d)(1)'' and inserting ``subsection (c)(1)''.
(g) Maritime Drug Law Enforcement Act.--(1) Section 994(h) of title
28, United States Code, is amended by striking ``section 1 of the Act
of September 15, 1980 (21 U.S.C. 955a)'' each place it appears and
inserting ``the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901
et seq.)''.
(2) Section 924(e) of title 18, United States Code, is amended by
striking ``the first section or section 3 of Public Law 96-350 (21
U.S.C. 955a et seq.)'' and inserting ``the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.)''.
(h) Section 2596 of the Crime Control Act of 1990.--Section 2596(d)
of the Crime Control Act of 1990 is amended, effective retroactively to
the date of enactment of such Act, by striking ``951(c)(1)'' and
inserting ``951(c)(2)''.
(i) Section 3143 of Title 18.--The last sentence of section
3143(b)(1) of title 18, United States Code, is amended by striking
``(b)(2)(D)'' and inserting ``(1)(B)(iv)''.
SEC. 3004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.
Title 18, United States Code, is amended--
(1) in section 212, by striking ``or of any National
Agricultural Credit Corporation,'' and by striking ``or
National Agricultural Credit Corporations,'';
(2) in section 213, by striking ``or examiner of National
Agricultural Credit Corporations'';
(3) in section 709, by striking the seventh and thirteenth
paragraphs;
(4) in section 711, by striking the second paragraph;
(5) by striking section 754, and amending the table of
sections for chapter 35 by striking the item relating to
section 754;
(6) in sections 657 and 1006, by striking ``Reconstruction
Finance Corporation,'', and by striking ``Farmers' Home
Corporation,'';
(7) in section 658, by striking ``Farmers' Home
Corporation,'';
(8) in section 1013, by striking ``, or by any National
Agricultural Credit Corporation'';
(9) in section 1160, by striking ``white person'' and
inserting ``non-Indian'';
(10) in section 1698, by striking the second paragraph;
(11) by striking sections 1904 and 1908, and amending the
table of sections for chapter 93 by striking the items relating
to such sections;
(12) in section 1909, by inserting ``or'' before ``farm
credit examiner'' and by striking ``or an examiner of National
Agricultural Credit Corporations,'';
(13) by striking sections 2157 and 2391, and amending the
table of sections for chapters 105 and 115, respectively, by
striking the items relating to such sections;
(14) in section 2257 by striking the subsections (f) and
(g) that were enacted by Public Law 100-690;
(15) in section 3113, by striking the third paragraph;
(16) in section 3281, by striking ``except for offenses
barred by the provisions of law existing on August 4, 1939'';
(17) in section 443, by striking ``or (3) 5 years after 12
o'clock noon of December 31, 1946,''; and
(18) in sections 542, 544, and 545, by striking ``the
Philippine Islands,''.
SEC. 3005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN CORRUPT
PRACTICES ACT.
Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C.
78dd-2) is amended, in subsection (a)(3), by striking ``issuer'' and
inserting in lieu thereof ``domestic concern''.
SEC. 3006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 18 U.S.C.
1116.
Section 1116(a) of title 18, United States Code, is amended by
striking ``, and any such person who is found guilty of attempted
murder shall be imprisoned for not more than 20 years''.
SEC. 3007. ELIMINATION OF REDUNDANT PENALTY.
Section 1864(c) of title 18, United States Code, is amended by
striking ``(b) (3), (4), or (5)'' and inserting in lieu thereof
``(b)(5)''.
SEC. 3008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL ERRORS.
Title 18, United States Code, is amended--
(1) in section 513(c)(4), by striking ``association or
persons'' and inserting in lieu thereof ``association of
persons'';
(2) in section 1956(e), by striking ``Evironmental'' and
inserting in lieu thereof ``Environmental'';
(3) in section 3125, by striking the quotation marks in
paragraph (a)(2), and by striking ``provider for'' and
inserting in lieu thereof ``provider of'' in subsection (d);
(4) in section 3731, by striking ``order of a district
courts'' and inserting in lieu thereof ``order of a district
court'' in the second undesignated paragraph;
(5) in section 151, by striking ``mean'' and inserting
``means'';
(6) in section 208(b), by inserting ``if'' after ``(4)'';
(7) in section 209(d), by striking ``under the terms of the
chapter 41'' and inserting ``under the terms of chapter 41'';
(8) in section 1014, by inserting a comma after ``National
Credit Union Administration Board''; and
(9) in section 3291, by striking ``the afore-mentioned''
and inserting ``such''.
SEC. 3009. OTHER TECHNICAL AMENDMENTS.
(a) Section 419 of Controlled Substances Act.--Section 419(b) of
the Controlled Substances Act (21 U.S.C. 860(b)) is amended by striking
``years Penalties'' and inserting ``years. Penalties''.
(b) Section 667.--Section 667 of title 18, United States Code, is
amended by adding at the end the following: ``The term `livestock' has
the meaning set forth in section 2311 of this title.''.
(c) Section 1114.--Section 1114 of title 18, United States Code, is
amended by striking ``or any other officer, agency, or employee of the
United States'' and inserting ``or any other officer or employee of the
United States or any agency thereof''.
(d) Section 408 of Controlled Substances Act.--Section 408(q)(8) of
the Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended by
striking ``applications, for writ'' and inserting ``applications for
writ''.
SEC. 3010. CORRECTIONS OF ERRORS FOUND DURING CODIFICATION.
Title 18, United States Code, is amended--
(1) in section 212, by striking ``218'' and inserting
``213'';
(2) in section 1917--
(A) by striking ``Civil Service Commission'' and
inserting ``Office of Personnel Management''; and
(B) by striking ``the Commission'' in paragraph (1)
and inserting ``such Office'';
(3) by transferring the table of sections for each
subchapter of each of chapters 227 and 229 to follow the
heading of that subchapter;
(4) so that the heading of section 1170 reads as follows:
``Sec. 1170. Illegal trafficking in Native American human remains and
cultural items'';
(5) so that the item relating to section 1170 in the table
of sections at the beginning of chapter 53 reads as follows:
``1170. Illegal trafficking in Native American human remains and
cultural items.'';
(6) in section 3509(a), by striking paragraph (11) and
redesignating paragraphs (12) and (13) as paragraphs (11) and
(12), respectively;
(7) in section 3509--
(A) by striking out ``subdivision'' each place it
appears and inserting ``subsection''; and
(B) by striking out ``government'' each place it
appears and inserting ``Government'';
(8) in section 2252(a)(3)(B), by striking ``materails'' and
inserting ``materials'';
(9) in section 14, by striking ``45,'' and ``608, 611,
612,'';
(10) in section 3059A--
(A) in subsection (b), by striking ``this
subsection'' and inserting ``subsection''; and
(B) in subsection (c), by striking ``this
subsection'' and inserting ``subsection'';
(11) in section 1761(c)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by inserting ``and'' at the end of paragraph
(3); and
(C) by striking the period at the end of paragraph
(2)(B) and inserting a semicolon;
(12) in the table of sections at the beginning of chapter
11--
(A) in the item relating to section 203, by
inserting a comma after ``officers'' and by striking
the comma after ``others''; and
(B) in the item relating to section 204, by
inserting ``the'' before ``United States Court of
Appeals for the Federal Circuit'';
(13) in the table of sections at the beginning of chapter
23, in the item relating to section 437, by striking the period
immediately following ``Indians'';
(14) in the table of sections at the beginning of chapter
25, in the item relating to section 491, by striking the period
immediately following ``paper used as money'';
(15) in section 207(a)(3), by striking ``Clarification of
Restrictions'' and inserting ``Clarification of restrictions'';
(16) in section 176, by striking ``the government'' and
inserting ``the Government'';
(17) in section 3059A(e)(2)(iii), by striking ``backpay''
and inserting ``back pay''; and
(18) by adding a period at the end of the item relating to
section 3059A in the table of sections at the beginning of
chapter 203.
SEC. 3011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.
(a) Incorrect Reference and Punctuation Correction.--(1) Section
2587(b) of the Crime Control Act of 1990 is repealed, effective on the
date such section took effect.
(2) Section 2587(b) of Public Law 101-647 is amended, effective the
date such section took effect, by striking ``The chapter heading for''
and inserting ``The table of sections at the beginning of''.
(3) The item relating to section 3059A in the table of sections at
the beginning of chapter 203 of title 18, United States Code, is
amended by adding a period at the end.
(b) Lack of Punctuation in Stricken Language.--Section 46(b) of
Public Law 99-646 is amended, effective on the date such section took
effect, so that--
(A) in paragraph (1), the matter proposed to be stricken
from the beginning of section 201(b) of title 18, United States
Code, reads ``(b) Whoever, directly''; and
(B) in paragraph (2), a comma, rather than a semicolon,
appears after ``his lawful duty'' in the matter to be stricken
from paragraph (3) of section 201(b) of such title.
(c) Biological Weapons.--(1) Section 3 of the Biological Weapons
Anti-Terrorism Act of 1989 is amended, effective on the date such
section took effect in subsection (b), by striking ``2516(c)'' and
inserting ``2516(1)(c)''.
(2) The item in the table of chapters for part I of title 18,
United States Code, that relates to chapter 10 is amended by striking
``Weapons'' and inserting ``weapons''.
(d) Placement of New Section.--Section 404(a) of Public Law 101-630
is amended, effective on the date such section took effect, by striking
``adding at the end thereof'' each place it appears and inserting
``inserting after section 1169''.
(e) Elimination of Erroneous Characterization of Matter Inserted.--
Section 225(a) of Public Law 101-674 is amended, effective on the date
such section took effect, by striking ``new rule''.
(f) Clarification of Placement of Amendment.--Section 1205(c) of
Public Law 101-647 is amended, effective the date such section took
effect, by inserting ``at the end'' after ``adding''.
(g) Elimination of Duplicate Amendment.--Section 1606 of Public Law
101-647 (amending section 1114 of title 18, United States Code) is
repealed effective the date of the enactment of such section.
(h) Error in Amendment Phrasing.--Section 3502 of Public Law 101-
647 is amended, effective the date such section took effect, by
striking ``10'' and inserting ``ten''.
(i) Clarification that Amendments Were to Title 18.--Sections 3524,
3525, and 3528 of Public Law 101-647 are each amended, effective the
date such sections took effect, by inserting ``of title 18, United
States Code'' before ``is amended''.
(j) Correction of Paragraph Reference.--Section 3527 of Public Law
101-647 is amended, effective the date such section took effect, by
striking ``4th'' and inserting ``5th''.
(k) Repeal of Obsolete Technical Correction to Section 1345.--
Section 3542 of Public Law 101-647 is repealed, effective the date of
enactment of such Public Law.
(l) Repeal of Obsolete Technical Correction to Section 1956.--
Section 3557(2)(E) of Public Law 101-647 is repealed, effective the
date of enactment of such Public Law.
(m) Clarification of Placement of Amendments.--Public Law 101-647
is amended, effective the date of the enactment of such Public Law--
(1) in section 3564(1), by inserting ``each place it
appears'' after the quotation mark following ``2251'' the first
place it appears; and
(2) in section 3565(3)(A), by inserting ``each place it
appears'' after the quotation mark following ``subchapter''.
(n) Correction of Word Quoted in Amendment.--Section 3586(1) of
Public Law 101-647 is amended, effective the date such section took
effect, by striking ``fines'' and inserting ``fine''.
(o) Elimination of Obsolete Technical Amendment to Section 4013.--
Section 3599 of Public Law 101-647 is repealed, effective the date of
the enactment of such Public Law.
(p) Correction of Directory Language.--Section 3550 of Public Law
101-647 is amended, effective the date such section took effect, by
striking ``not more than''.
(q) Repeal of Duplicate Provisions.--(1) Section 3568 of Public Law
101-647 is repealed, effective the date such section took effect.
(2) Section 1213 of Public Law 101-647 is repealed, effective the
date such section took effect.
(r) Correction of Words Quoted in Amendment.--Section 2531(3) of
Public Law 101-647 is amended, effective the date such section took
effect, by striking ``1679(c)(2)'' and inserting ``1679a(c)(2)''.
(s) Forfeiture.--(1) Section 1401 of Public Law 101-647 is amended,
effective the date such section took effect--
(A) by inserting a comma after ``, 5316''; and
(B) by inserting ``the first place it appears'' after the
quotation mark following ``5313(a)''.
(2) Section 2525(a)(2) of Public Law 101-647 is amended, effective
the date such section took effect, by striking ``108(3)'' and inserting
``2508(3)''.
(t) Incorrect Section Reference.--Section 1402(d)(3) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended by striking
``1404(a)'' and inserting ``1404A''.
(u) Missing Text.--Section 1403(b)(1) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after
``domestic violence'' the following: ``for--
``(A) medical expenses attributable to a physical
injury resulting from compensable crime, including
expenses for mental health counseling and care;
``(B) loss of wages attributable to a physical
injury resulting from a compensable crime; and
``(C) funeral expenses attributable to a death
resulting from a compensable crime''.
SEC. 3012. AMENDMENTS TO SECTION 1956 OF TITLE 18 TO ELIMINATE
DUPLICATE PREDICATE CRIMES.
Section 1956 of title 18, United States Code, is amended--
(1) in subsection (c)(7)(D), by striking ``section 1341
(relating to mail fraud) or section 1343 (relating to wire
fraud) affecting a financial institution, section 1344
(relating to bank fraud),'';
(2) in subsection (a)(2) and in subsection (b), by striking
``transportation'' each place it appears and inserting
``transportation, transmission, or transfer'';
(3) in subsection (a)(3), by striking ``represented by a
law enforcement officer'' and inserting ``represented''; and
(4) in subsection (c)(7)(E), by striking the period that
follows a period.
SEC. 3013. AMENDMENTS TO PART V OF TITLE 18.
Part V of title 18, United States Code, is amended--
(1) by inserting after the heading for such part the
following:
``CHAPTER 601--IMMUNITY OF WITNESSES'';
(2) in section 6001(1)--
(A) by striking ``Atomic Energy Commission'' and
inserting ``Nuclear Regulatory Commission''; and
(B) by striking ``the Subversive Activities Control
Board,''
(3) by striking ``part'' the first place it appears and
inserting ``chapter''; and
(4) by striking ``part'' each other place it appears and
inserting ``title''.
TITLE XXXI--DRIVER'S PRIVACY PROTECTION ACT
SEC. 3101. SHORT TITLE; PURPOSE.
(a) Short Title.--This title may be cited as the ``Driver's Privacy
Protection Act of 1993''.
(b) Purpose.--The purpose of this title is to protect the personal
privacy and safety of licensed drivers consistent with the legitimate
needs of business and government.
SEC. 3102. AMENDMENT TO TITLE 18, UNITED STATES CODE.
Title 18 of the United States Code is amended by inserting
immediately after chapter 121, the following new chapter:
``CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION
``Sec. 2720. Prohibition on release and use of certain personal
information by States, organizations and
persons.
``Sec. 2721. Definitions.
``Sec. 2722. Penalties.
``Sec. 2723. Effect on State and local laws.
``Sec. 2720. Prohibition on release and use of certain personal
information by States, organizations and persons
``(a) In General.--(1) Except as provided in paragraph (2), no
department of motor vehicles of any State, or any officer or employee
thereof, shall disclose or otherwise make available to any person or
organization personal information about any individual obtained by the
department in connection with a motor vehicle operator's permit, motor
vehicle title, identification card, or motor vehicle registration
(issued by the department to that individual), unless such disclosure
is authorized by that individual.
``(2) A department of motor vehicles of a State, or officer or
employee thereof, may disclose or otherwise make available personal
information referred to in paragraph (1) for any of the following
routine uses:
``(A) For the use of any Federal, State or local
court in carrying out its functions.
``(B) For the use of any Federal, State or local
agency in carrying out its functions, including a law
enforcement agency.
``(C) For the use in connection with matters of
automobile safety, driver safety, and manufacturers of
motor vehicles issuing notification for purposes of any
recall or product alteration.
``(D) For the use in any civil or criminal
proceeding in any Federal, State, or local court, if
the case involves a motor vehicle, or if the request is
pursuant to an order of a court of competent
jurisdiction.
``(E) For use in research activities, if such
information will not be used to contact the individual
and the individual is not identified or associated with
the requested personal information.
``(F) For use in marketing activities if--
``(i) the motor vehicle department has
provided the individual with regard to whom the
information is requested with the opportunity,
in a clear and conspicuous manner, to prohibit
a disclosure of such information for marketing
activities;
``(ii) the information will be used,
rented, or sold solely for a permissible use
under this chapter, including marketing
activities; and
``(iii) any person obtaining such
information from a motor vehicle department for
marketing purposes keeps complete records
identifying any person to whom, and the
permissible purpose for which, they sell or
rent the information and provides such records
to the motor vehicle department upon request.
``(G) For use by any insurer or insurance support
organization, or their employees, agents, and
contractors, in connection with claims investigation
activities and antifraud activities.
``(H) For use by any organization, or its agent, in
connection with a business transaction, when the
purpose is to verify the accuracy of personal
information submitted to that business or agent by the
person to whom such information pertains, or, if the
information submitted is not accurate, to obtain
correct information for the purpose of pursing remedies
against a person who presented a check or similar item
that was not honored.
``(I) For use by any organization, if such
organization certifies, upon penalty of perjury, that
it has obtained a statement from the person to whom the
information pertains authorizing the disclosure of such
information under this chapter.
``(J) For use by an employer or the agent of an
employer to obtain or verify information relating to a
holder of a commercial driver's license that is
required under the Commercial Motor Vehicle Safety Act
of 1986 (49 U.S.C. App. 2701 et seq.).
``(b) Unlawful Conduct by any Person or Organization.--No person or
organization shall--
``(1) use any personal information, about an individual
referred to in subsection (a), obtained from a motor vehicle
department of any State, or any officer or employee thereof, or
other person for any purpose other than the purpose for which
such personal information was initially disclosed or otherwise
made available by the department of motor vehicles of the
affected State, or any officer or employee thereof, or other
person, unless authorized by that individual; or
``(2) make any false representation to obtain personal
information, about an individual referred to in subsection (a),
from a department of motor vehicles of any State, or officer or
employee thereof, or from any other person.
``Sec. 2721. Definitions
``As used in this chapter:
``(1) The term `personal information' is information that
identifies an individual, including an individual's photograph,
driver's identification number, name, address, telephone
number, social security number, and medical and disability
information. Such term does not include information on
vehicular accidents, driving violations, and driver's status.
``(2) The term `person' means any individual.
``(3) The term `State' means each of the several States,
District of Columbia, Commonwealth of Puerto Rico, Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(4) The term `organization' means any person other than
an individual, including but not limited to, a corporation,
association, institution, a car rental agency, employer, and
insurers, insurance support organization, and their employees,
agents, or contractors. Such term does not include a Federal,
State or local agency or entity thereof.
``Sec. 2722. Penalties
``(a) Willful Violations.--
``(1) Any person who willfully violates this chapter shall
be fined under this title, or imprisoned for a period not
exceeding 12 months, or both.
``(2) Any organization who willfully violates this chapter
shall be fined under this title.
``(b) Violations by State Department of Motor Vehicles.--Any State
department of motor vehicles which willfully violates this chapter
shall be subject to a civil penalty imposed by the Attorney General in
the amount of $5,000. Each day of continued noncompliance shall
constitute a separate violation.
``Sec. 2723. Effect on State and local laws
``The provisions of this chapter shall supersede only those
provisions of law of any State or local government which would require
or permit the disclosure or use of personal information which is
otherwise prohibited by this chapter.''.
SEC. 3103. EFFECTIVE DATE.
The amendments made by this title shall take effect upon the
expiration of the 270-day period following the date of its enactment.
TITLE XXXII--VIOLENCE AGAINST WOMEN; SAFE STREETS FOR WOMEN
SEC. 3201. VIOLENCE AGAINST WOMEN; SHORT TITLE.
Titles XXXII through XXXVII may be cited as the ``Violence Against
Women Act of 1993''.
SEC. 3202. SAFE STREETS FOR WOMEN; SHORT TITLE.
This title may be cited as the ``Safe Streets for Women Act of
1993''.
Subtitle A--Federal Penalties for Sex Crimes
SEC. 3211. REPEAT OFFENDERS.
(a) In General.--Chapter 109A of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2247. Repeat offenders
``Any person who violates a provision of this chapter, after one or
more prior convictions for an offense punishable under this chapter, or
after one or more prior convictions under the laws of any State or
foreign country relating to aggravated sexual abuse, sexual abuse, or
abusive sexual contact have become final, is punishable by a term of
imprisonment up to twice that otherwise authorized.''.
(b) Recommendation by the Sentencing Commission.--The Sentencing
Commission shall implement the amendment made by subsection (a) by
recommending to the Congress amendments, if appropriate, in the
sentencing guidelines applicable to chapter 109A offenses.
(c) Chapter Analysis.--The chapter analysis for chapter 109A of
title 18, United States Code, is amended by adding at the end the
following new item:
``2247. Repeat offenders.''.
SEC. 3212. FEDERAL PENALTIES.
(a) Amendment of Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend, where necessary, its
sentencing guidelines on aggravated sexual abuse under section 2241 of
title 18, United States Code, or sexual abuse under section 2242 of
title 18, United States Code, as follows:
(1) The Commission shall review and recommend amendments to
the guidelines, if appropriate, to enhance penalties if more
than 1 offender is involved in the offense.
(2) The Commission shall review and recommend amendments to
the guidelines, if appropriate, to reduce unwarranted
disparities between the sentences for sex offenders who are
known to the victim and sentences for sex offenders who are not
known to the victim.
(3) The Commission shall review and recommend amendments to
the guidelines to enhance penalties, if appropriate, to render
Federal penalties on Federal territory commensurate with
penalties for similar offenses in the States.
(4) The Commission shall review and recommend amendments to
the guidelines, if appropriate, to account for the general
problem of recidivism in cases of sex offenses, the severity of
the offense, and its devastating effects on survivors.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the United States Sentencing Commission shall review and
submit to Congress a report containing an analysis of Federal rape
sentencing, accompanied by comment from independent experts in the
field, describing--
(1) comparative Federal sentences for cases in which the
rape victim is known to the defendant and cases in which the
defendant is not known to the defendant;
(2) comparative Federal sentences for cases on Federal
territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on
populations residing primarily on Federal territory relative to
the impact of other Federal offenses in which the existence of
Federal jurisdiction depends upon the offense's being committed
on Federal territory.
SEC. 3213. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) Sexual Abuse.--(1) Chapter 109A of title 18, United States
Code, is amended by adding at the end thereof the following:
``Sec. 2248. Mandatory restitution
``(a) In General.--Notwithstanding the terms of section 3663 of
this title, and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any offense
under this chapter.
``(b) Scope and Nature of Order.--(1) The order of restitution
under this section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (2);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) For purposes of this subsection, the term `full amount of the
victim's losses' includes any costs incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) attorneys' fees, expert witness and investigators'
fees, interpretive services, and court costs; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(3) Restitution orders under this section are mandatory. A court
may not decline to issue an order under this section because of--
``(A) the economic circumstances of the defendant; or
``(B) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds
of insurance or any other source.
``(4)(A) Notwithstanding the terms of paragraph (3), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
``(B) For purposes of this paragraph, the term `economic
circumstances' includes--
``(i) the financial resources and other assets of the
defendant;
``(ii) projected earnings, earning capacity, and other
income of the defendant; and
``(iii) any financial obligations of the defendant,
including obligations to dependents.
``(C) An order under this section may direct the defendant to make
a single lump-sum payment or partial payments at specified intervals.
The order shall also provide that the defendant's restitutionary
obligation takes priority over any criminal fine ordered.
``(D) In the event that the victim has recovered for any amount of
loss through the proceeds of insurance or any other source, the order
of restitution shall provide that restitution be paid to the person who
provided the compensation, but that restitution shall be paid to the
victim for the victim's other losses before any restitution is paid to
any other provider of compensation.
``(5) Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the
victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(c) Proof of Claim.--(1) Within 60 days after conviction and, in
any event, no later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
``(2) If no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to subsection (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) If the court concludes, after reviewing the supporting
documentation and considering the defendant's objections, that there is
a substantial reason for doubting the authenticity or veracity of the
records submitted, the court may require additional documentation or
hear testimony on those questions. Any records filed, or testimony
heard, pursuant to this section, shall be in camera in the judge's
chambers.
``(4) In the event that the victim's losses are not ascertainable
10 days prior to sentencing as provided in subsection (c)(1), the
United States Attorney (or the United States Attorney's delegee) shall
so inform the court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the
victim shall have 60 days after discovery of those losses in which to
petition the court for an amended restitution order. Such order may be
granted only upon a showing of good cause for the failure to include
such losses in the initial claim for restitutionary relief.
``(d) Definitions.--For purposes of this section, the term `victim'
includes the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under 18
years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court: Provided, That in no event shall the defendant be named as such
representative or guardian.''.
(2) Table of Sections.--The table of sections for chapter 109A of
title 18, United States Code, is amended by adding at the end thereof
the following:
``2248. Mandatory restitution.''.
(b) Sexual Exploitation and Other Abuse of Children.--(1) Chapter
110 of title 18, United States Code, is amended by adding at the end
thereof the following:
``Sec. 2259. Mandatory restitution
``(a) In General.--Notwithstanding the terms of section 3663 of
this title, and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any offense
under this chapter.
``(b) Scope and Nature of Order.--(1) The order of restitution
under this section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (2);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) For purposes of this subsection, the term `full amount of the
victim's losses' includes any costs incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) necessary transportation, temporary housing, and
child care expenses;
``(D) lost income;
``(E) attorneys' fees, expert witness and investigators'
fees, interpretive services, and court costs; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(3) Restitution orders under this section are mandatory. A court
may not decline to issue an order under this section because of--
``(A) the economic circumstances of the defendant; or
``(B) the fact that a victim has, or is entitled to,
receive compensation for his or her injuries from the proceeds
of insurance or any other source.
``(4)(A) Notwithstanding the terms of paragraph (3), the court may
take into account the economic circumstances of the defendant in
determining the manner in which and the schedule according to which the
restitution is to be paid.
``(B) For purposes of this paragraph, the term `economic
circumstances' includes--
``(i) the financial resources and other assets of the
defendant;
``(ii) projected earnings, earning capacity, and other
income of the defendant; and
``(iii) any financial obligations of the defendant,
including obligations to dependents.
``(C) An order under this section may direct the defendant to make
a single lump-sum payment or partial payments at specified intervals.
The order shall also provide that the defendant's restitutionary
obligation takes priority over any criminal fine ordered.
``(D) In the event that the victim has recovered for any amount of
loss through the proceeds of insurance or any other source, the order
of restitution shall provide that restitution be paid to the person who
provided the compensation, but that restitution shall be paid to the
victim for the victim's other losses before any restitution is paid to
any other provider of compensation.
``(5) Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the
victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(c) Proof of Claim.--(1) Within 60 days after conviction and, in
any event, no later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
``(2) If no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to subsection (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) If the court concludes, after reviewing the supporting
documentation and considering the defendant's objections, that there is
a substantial reason for doubting the authenticity or veracity of the
records submitted, the court may require additional documentation or
hear testimony on those questions. Any records filed, or testimony
heard, pursuant to this section, shall be in camera in the judge's
chambers.
``(4) In the event that the victim's losses are not ascertainable
10 days prior to sentencing as provided in subsection (c)(1), the
United States Attorney (or the United States Attorney's delegee) shall
so inform the court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the
victim shall have 60 days after discovery of those losses in which to
petition the court for an amended restitution order. Such order may be
granted only upon a showing of good cause for the failure to include
such losses in the initial claim for restitutionary relief.
``(d) Definitions.--For purposes of this section, the term `victim'
includes the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under 18
years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court: Provided, That in no event shall the defendant be named as such
representative or guardian.''.
(2) The table of sections for chapter 110 of title 18, United
States Code, is amended by adding at the end thereof the following:
``2259. Mandatory restitution.''.
SEC. 3214. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There is authorized to be appropriated for fiscal year 1994,
$1,500,000 for the United States Attorneys for the purpose of
appointing Victim/Witness Counselors for the prosecution of sex crimes
and domestic violence crimes where applicable (such as the District of
Columbia).
Subtitle B--Law Enforcement and Prosecution Grants to Reduce Violent
Crimes Against Women
SEC. 3221. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(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 4
of Public Law 102-521 (106 Stat. 3404), is amended by--
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801; and
(3) adding after part P the following new part:
``Part Q--Grants To Combat Violent Crimes Against Women
``SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
``(a) General Program Purpose.--The purpose of this part is to
assist States, Indian tribes, cities, and other localities to develop
effective law enforcement and prosecution strategies to combat violent
crimes against women and, in particular, to focus efforts on those
areas with the highest rates of violent crime against women.
``(b) Purposes for Which Grants May Be Used.--Grants under this
part shall provide additional personnel, training, technical
assistance, data collection and other equipment for the more widespread
apprehension, prosecution, and adjudication of persons committing
violent crimes against women and specifically, for the purposes of--
``(1) training law enforcement officers and prosecutors to
more effectively identify and respond to violent crimes against
women, including the crimes of sexual assault and domestic
violence;
``(2) developing, training, or expanding units of law
enforcement officers and prosecutors specifically targeting
violent crimes against women, including the crimes of sexual
assault and domestic violence;
``(3) developing and implementing police and prosecution
policies, protocols, or orders specifically devoted to
identifying and responding to violent crimes against women,
including the crimes of sexual assault and domestic violence;
``(4) developing, installing, or expanding data collection
systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and
tracking arrests, prosecutions, and convictions for the crimes
of sexual assault and domestic violence; and
``(5) developing, enlarging, or strengthening victim
services programs, including sexual assault and domestic
violence programs, to increase reporting and reduce attrition
rates for cases involving violent crimes against women,
including the crimes of sexual assault and domestic violence.
``Subpart 1--High Intensity Crime Area Grants
``SEC. 1711. HIGH INTENSITY GRANTS.
``(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this part as the `Director') shall make grants to areas
of `high intensity crime' against women.
``(b) Definition.--For purposes of this part, `high intensity crime
area' means an area with one of the 40 highest rates of violent crime
against women, as determined by the Bureau of Justice Statistics
pursuant to section 1712.
``SEC. 1712. HIGH INTENSITY GRANT APPLICATION.
``(a) Computation.--Within 45 days after the date of enactment of
this part, the Bureau of Justice Statistics shall compile a list of the
40 areas with the highest rates of violent crime against women based on
the combined female victimization rate per population for assault,
sexual assault (including, but not limited to, rape), murder, robbery,
and kidnapping (without regard to the relationship between the crime
victim and the offenders).
``(b) Use of Data.--In calculating the combined female
victimization rate required by subsection (a), the Bureau of Justice
Statistics may rely on--
``(1) existing data collected by States, municipalities,
Indian reservations or statistical metropolitan areas showing
the number of police reports of the crimes listed in subsection
(a); and
``(2) existing data collected by the Federal Bureau of
Investigation, including data from those governmental entities
already complying with the National Incident Based Reporting
System, showing the number of police reports of crimes listed
in subsection (a).
``(c) Publication.--After compiling the list set forth in
subsection (a), the Bureau of Justice Statistics shall convey it to the
Director who shall publish it in the Federal Register.
``(d) Qualification.--Upon satisfying the terms of subsection (e),
any high intensity crime area shall be qualified for a grant under this
subpart upon application by the chief executive officer of the
governmental entities responsible for law enforcement and prosecution
of criminal offenses within the area and certification that--
``(1) the funds shall be used to reduce the rate of violent
crimes against women and for at least 3 of the purposes
outlined in section 1701(b);
``(2) grantees and subgrantees shall develop a plan for
implementation, and otherwise consult and coordinate program
grants, with nongovernmental nonprofit victim services
programs; and
``(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following three
areas: prosecution, law enforcement, and victim services.
``(e) Application Requirements.--The application requirements
provided in section 513 of this title shall apply to grants made under
this subpart. In addition, each application must provide the
certifications required by subsection (d) including documentation from
nonprofit nongovernmental victim services programs showing their
participation in developing the plan required by subsection (d)(2).
Applications shall--
``(1) include documentation from the prosecution, law
enforcement, and victim services programs to be assisted
showing--
``(A) need for the grant funds;
``(B) intended use of the grant funds;
``(C) expected results from the use of grant funds;
and
``(D) demographic characteristics of the population
to be served, including age, marital status,
disability, race, ethnicity, and language background;
and
``(2) include proof of compliance with the requirements for
the payment of forensic medical exams provided in section 162
of this title.
``(f) Disbursement.--
``(1) No later than 60 days after the receipt of an
application under this subpart, the Director shall either
disburse the appropriate sums provided for under this subpart
or shall inform the applicant why the application does not
conform to the terms of section 513 of this title or to the
requirements of this section.
``(2) In disbursing monies under this subpart, the Director
shall issue regulations to ensure that grantees--
``(A) equitably distribute funds on a geographic
basis;
``(B) determine the amount of subgrants based on
the population to be served;
``(C) give priority to areas with the greatest
showing of need; and
``(D) recognize and address the needs of
underserved populations.
``(g) Grantee Reporting.--(1) Upon completion of the grant period
under this subpart, the grantee shall file a performance report with
the Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this part.
``(2) A section of the performance report shall be completed by
each grantee or subgrantee performing the services contemplated in the
grant application, certifying performance of the services under the
grants.
``(3) The Director shall suspend funding for an approved
application if an applicant fails to submit an annual performance
report or if funds are expended for purposes other than those set forth
under this subpart. Federal funds may be used to supplement, not
supplant, State funds.
``Subpart 2--Other Grants to States To Combat Violent Crimes Against
Women
``SEC. 1721. GENERAL GRANTS TO STATES.
``(a) General Grants.--The Director may make grants to States, for
use by States, units of local government in the States, and nonprofit
nongovernmental victim services programs in the States, for the
purposes outlined in section 1701(b), and to reduce the rate of violent
crimes against women.
``(b) Amounts.--From amounts appropriated, the amount of grants
under subsection (a) shall be--
``(1) $500,000 to each State; and
``(2) that portion of the then remaining available money to
each State that results from a distribution among the States on
the basis of each State's population in relation to the
population of all States.
``(c) Qualification.--Upon satisfying the terms of subsection (d),
any State shall be qualified for funds provided under this part upon
certification that--
``(1) the funds shall be used to reduce the rate of violent
crimes against women and for at least 3 of the purposes
outlined in section 1701(b);
``(2) grantees and subgrantees shall develop a plan for
implementation, and otherwise consult and coordinate, with
nonprofit nongovernmental victim services programs, including
sexual assault and domestic violence victim services programs;
and
``(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following three
areas: prosecution, law enforcement, and victim services.
``(d) Application Requirements.--The application requirements
provided in section 513 of this title shall apply to grants made under
this subpart. In addition, each application shall include the
certifications of qualification required by subsection (c) including
documentation from nonprofit nongovernmental victim services programs
showing their participation in developing the plan required by
subsection (c)(2). Applications shall--
``(1) include documentation from the prosecution, law
enforcement, and victim services programs to be assisted
showing--
``(A) need for the grant funds;
``(B) intended use of the grant funds;
``(C) expected results from the use of grant funds;
and
``(D) demographic characteristics of the
populations to be served, including age, marital
status, disability, race, ethnicity and language
background; and
``(2) proof of compliance with the requirements for the
payment of forensic medical exams provided in section 162 of
this title.
``(e) Disbursement.--(1) No later than 60 days after the receipt of
an application under this subpart, the Director shall either disburse
the appropriate sums provided for under this subpart or shall inform
the applicant why the application does not conform to the terms of
section 513 of this title or to the requirements of this section.
``(2) In disbursing monies under this subpart, the Director shall
issue regulations to ensure that States will--
``(A) give priority to areas with the greatest showing of
need;
``(B) determine the amount of subgrants based on the
population and geographic area to be served;
``(C) equitably distribute monies on a geographic basis
including nonurban and rural areas, and giving priority to
localities with populations under 100,000; and
``(D) recognize and address the needs of underserved
populations.
``(f) Grantee Reporting.--Upon completion of the grant period under
this subpart, the State grantee shall file a performance report with
the Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this performance report shall be
completed by each grantee and subgrantee that performed the direct
services contemplated in the application, certifying performance of
direct services under the grant. The Director shall suspend funding for
an approved application if an applicant fails to submit an annual
performance report or if funds are expended for purposes other than
those set forth under this subpart. Federal funds may only be used to
supplement, not supplant, State funds.
``SEC. 1722. GENERAL GRANTS TO TRIBES.
``(a) General Grants.--The Director is authorized to make grants to
Indian tribes, for use by tribes, tribal organizations or nonprofit
nongovernmental victim services programs on Indian reservations, for
the purposes outlined in section 1701(b), and to reduce the rate of
violent crimes against women in Indian country.
``(b) Amounts.--From amounts appropriated, the amount of grants
under subsection (a) shall be awarded on a competitive basis to tribes,
with minimum grants of $35,000 and maximum grants of $300,000.
``(c) Qualification.--Upon satisfying the terms of subsection (d),
any tribe shall be qualified for funds provided under this part upon
certification that--
``(1) the funds shall be used to reduce the rate of violent
crimes against women and for at least 3 of the purposes
outlined in section 1701(b);
``(2) grantees and subgrantees shall develop a plan for
implementation, and otherwise consult and coordinate with
nonprofit; and
``(3) at least 25 percent of the grant funds shall be
allocated to each of the following three areas: prosecution,
law enforcement, and victim services.
``(d) Application Requirements.--(1) Applications shall be made
directly to the Director and shall contain a description of the tribes'
law enforcement responsibilities for the Indian country described in
the application and a description of the tribes' system of courts,
including whether the tribal government operates courts of Indian
offenses under section 201 of Public Law 90-284 (25 U.S.C. 1301) or
part 11 of title 25, Code of Federal Regulations.
``(2) Applications shall be in such form as the Director may
prescribe and shall specify the nature of the program proposed by the
applicant tribe, the data and information on which the program is
based, and the extent to which the program plans to use or incorporate
existing victim services available in the Indian country where the
grant will be used.
``(3) The term of any grant shall be for a minimum of 3 years.
``(e) Grantee Reporting.--At the end of the first 12 months of the
grant period and at the end of each year thereafter, the Indian tribal
grantee shall file a performance report with the Director explaining
the activities carried out together with an assessment of the
effectiveness of those activities in achieving the purposes of this
subpart. A section of this performance report shall be completed by
each grantee or subgrantee that performed the direct services
contemplated in the application, certifying performance of direct
services under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if funds are expended for purposes other than
those set forth under this subpart. Federal funds may only be used to
supplement, not supplant, State funds.
``(f) Definitions.--(1) The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community, including
any Alaska Native village or regional or village corporation (as
defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as
eligible for the special services provided by the United States to
Indians because of their status as Indians.
``(2) The term `Indian country' has the meaning stated in section
1151 of title 18, United States Code.
``Subpart 3--General Terms and Conditions
``SEC. 1731. GENERAL DEFINITIONS.
``As used in this part--
``(1) the term `victim services' means any nongovernmental
nonprofit organization that assists victims, including rape
crisis centers, battered women's shelters, or other rape or
domestic violence programs, including nonprofit nongovernmental
organizations assisting victims through the legal process;
``(2) the term `prosecution' means any public agency
charged with direct responsibility for prosecuting criminal
offenders, including such agency's component bureaus (such as
governmental victim/witness programs);
``(3) the term `law enforcement' means any public agency
charged with policing functions, including any of its component
bureaus (such as governmental victim services programs);
``(4) the term `sexual assault' includes not only assaults
committed by offenders who are strangers to the victim but also
assaults committed by offenders who are known or related by
blood or marriage to the victim;
``(5) the term `domestic violence' includes felony or
misdemeanor offenses committed by a current or former spouse of
the victim, a person with whom the victim shares a child in
common, a person who is cohabitating with or has cohabitated
with the victim as a spouse, a person similarly situated to a
spouse of the victim under the domestic or family violence laws
of the jurisdiction receiving grant monies, or committed by any
other adult person upon a victim who is protected from that
person's acts under the domestic or family violence laws of the
jurisdiction receiving grant monies; and
``(6) the term `underserved populations' includes
populations underserved because of geographic location (such as
rural isolation), underserved racial or ethnic populations, and
populations underserved because of special needs, such as
language barriers or physical disabilities.
``SEC. 1732. GENERAL TERMS AND CONDITIONS.
``(a) Nonmonetary Assistance.--In addition to the assistance
provided under subparts 1 or 2, the Director may direct any Federal
agency, with or without reimbursement, to use its authorities and the
resources granted to it under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical, and
advisory services) in support of State and local assistance efforts.
``(b) Bureau Reporting.--No later than 180 days after the end of
each fiscal year for which grants are made under this part, the
Director shall submit to the Judiciary Committees of the House and the
Senate a report that includes, for each high intensity crime area (as
provided in subpart 1) and for each State and for each grantee Indian
tribe (as provided in subpart 2)--
``(1) the amount of grants made under this part;
``(2) a summary of the purposes for which those grants were
provided and an evaluation of their progress;
``(3) a statistical summary of persons served, detailing
the nature of victimization, and providing data on age, sex,
relationship of victim to offender, geographic distribution,
race, ethnicity, language, and disability; and
``(4) a copy of each grantee report filed pursuant to
sections 1712(g), 1721(f) and 1722(c).
``(c) Regulations.--No later than 90 days after the date of
enactment of this part, the Director shall publish proposed regulations
implementing this part. No later than 120 days after such date, the
Director shall publish final regulations implementing this part.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 1994, 1995, and 1996,
$100,000,000 to carry out subpart 1, and $190,000,000 to carry out
subpart 2, and $10,000,000 to carry out section 1722 of subpart 2.''.
(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 striking the matter relating to part Q and
inserting the following:
``Part Q--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
``Sec. 1701. ``subpart 1--high intensity crime area grants
``Sec. 1711. High intensity grants.
```subpart 2--other grants to states to combat violent crimes against
women
``Sec. 1721. General grants to States.
``Sec. 1722. Ge``subpart 3--general terms and conditions
``Sec. 1731. General definitions.
``Sec. 1732. General terms and conditions.
``Part R--TRANSITION--EFFECTIVE DATE--REPEALER
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
Subtitle C--Safety for Women in Public Transit and Public Parks
SEC. 3231. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
Section 24 of the Urban Mass Transportation Act of 1964 (49 U.S.C.
App. 1620) is amended to read as follows:
``grants to prevent crime in public transportation
``Sec. 24. (a) General Purpose.--From funds authorized under
section 21, not to exceed $10,000,000, the Secretary shall make capital
grants for the prevention of crime and to increase security in existing
and future public transportation systems. None of the provisions of
titles XXXI through XXXVII may be construed to prohibit the financing
of projects under this section where law enforcement responsibilities
are vested in a local public body other than the grant applicant.
``(b) Grants for Lighting, Camera Surveillance, and Security
Phones.--
``(1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to
make grants and loans to States and local public bodies or
agencies for the purpose of increasing the safety of public
transportation by--
``(A) increasing lighting within or adjacent to
public transportation systems, including bus stops,
subway stations, parking lots, or garages;
``(B) increasing camera surveillance of areas
within and adjacent to public transportation systems,
including bus stops, subway stations, parking lots, or
garages;
``(C) providing emergency phone lines to contact
law enforcement or security personnel in areas within
or adjacent to public transportation systems, including
bus stops, subway stations, parking lots, or garages;
or
``(D) any other project intended to increase the
security and safety of existing or planned public
transportation systems.
``(2) From the sums authorized under this section, at least
75 percent shall be expended on projects of the type described
in subsection (b)(1) (A) and (B).
``(c) Reporting.--All grants under this section are contingent upon
the filing of a report with the Secretary and the Department of
Justice, Office of Victims of Crime, showing crime rates in or adjacent
to public transportation before, and for a 1-year period after, the
capital improvement. Statistics shall be broken down by type of crime,
sex, race, ethnicity, language, and relationship of victim to the
offender.
``(d) Increased Federal Share.--Notwithstanding any other provision
of this Act, the Federal share under this section for each capital
improvement project which enhances the safety and security of public
transportation systems and which is not required by law (including any
other provision of this chapter) shall be 90 percent of the net project
cost of such project.
``(e) Special Grants for Projects To Study Increasing Security for
Women.--From the sums authorized under this section, the Secretary
shall provide grants and loans for the purpose of studying ways to
reduce violent crimes against women in public transit through better
design or operation of public transit systems.
``(f) General Requirements.--All grants or loans provided under
this section shall be subject to all the terms, conditions,
requirements, and provisions applicable to grants and loans made under
section 2(a).''.
SEC. 3232. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN NATIONAL
PARKS.
Public Law 91-383 (commonly known as the National Park System
Improvements in Administration Act) (16 U.S.C. 1a-1 et seq.) is amended
by adding at the end the following new section:
``SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
``(a) From the sums authorized pursuant to section 7 of the Land
and Water Conservation Act of 1965, not to exceed $10,000,000, the
Secretary of the Interior may provide Federal assistance to reduce the
incidence of violent crime in the National Park System.
``(b) The Secretary shall direct the chief official responsible for
law enforcement within the National Park Services to--
``(1) compile a list of areas within the National Park
System with the highest rates of violent crime;
``(2) make recommendations concerning capital improvements,
and other measures, needed within the National Park System to
reduce the rates of violent crime, including the rate of sexual
assault; and
``(3) publish the information required by paragraphs (1)
and (2) in the Federal Register.
``(c) No later than 120 days after the date of enactment of this
section, and based on the recommendations and list issued pursuant to
subsection (b), the Secretary shall distribute funds throughout the
National Park Service. Priority shall be given to those areas with the
highest rates of sexual assault.
``(d) Funds provided under this section may be used for the
following purposes:
``(1) To increase lighting within or adjacent to public
parks and recreation areas.
``(2) To provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to public parks and recreation areas.
``(3) To increase security or law enforcement personnel
within or adjacent to public parks and recreation areas.
``(4) Any other project intended to increase the security
and safety of public parks and recreation areas.''.
SEC. 3233. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-8) is amended by adding at the end the following new
subsection:
``(h) Capital Improvement and Other Projects to Reduce Crime.--In
addition to assistance for planning projects, and in addition to the
projects identified in subsection (e), and from amounts appropriated,
the Secretary shall provide financial assistance to the States, not to
exceed $15,000,000 in total, for the following types of projects or
combinations thereof:
``(1) For the purpose of making capital improvements and
other measures to increase safety in urban parks and recreation
areas, including funds to--
``(A) increase lighting within or adjacent to
public parks and recreation areas;
``(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or
adjacent to public parks and recreation areas;
``(C) increase security personnel within or
adjacent to public parks and recreation areas; and
``(D) fund any other project intended to increase
the security and safety of public parks and recreation
areas.
``(2) In addition to the requirements for project approval
imposed by this section, eligibility for assistance under this
subsection is dependent upon a showing of need. In providing
funds under this subsection, the Secretary shall give priority
to those projects proposed for urban parks and recreation areas
with the highest rates of crime and, in particular, to urban
parks and recreation areas with the highest rates of sexual
assault.
``(3) Notwithstanding subsection (c), the Secretary may
provide 70 percent improvement grants for projects undertaken
by any State for the purposes outlined in this subsection. The
remaining share of the cost shall be borne by the State.''.
Subtitle D--National Commission on Violence Against Women
SEC. 3241. ESTABLISHMENT.
Not later than 30 days after the date of enactment of this Act,
there shall be established a commission to be known as the National
Commission on Violence Against Women (referred to in this subtitle as
the ``Commission'').
SEC. 3242. GENERAL PURPOSES OF COMMISSION.
(a) General Purpose of the Commission.--The Commission shall
recommend Federal, State, and local strategies for preventing and
sanctioning violent crime against women, including the enhancement and
protection of the rights of the victims of such crimes.
(b) Functions.--The purpose of the Commission shall include--
(1) evaluating the adequacy of, and make recommendations
regarding, current law enforcement efforts at the Federal and
State levels to reduce the rate of violent crimes against women
and to punish those responsible for such crime;
(2) evaluating the adequacy of, and make recommendations
regarding, the responsiveness of State prosecutors and State
courts to violent crimes against women;
(3) evaluating the adequacy of rules of evidence, practice
and procedure to ensure the effective prosecution and
conviction of violent offenders against women and to protect
victims from abuse in legal proceedings, making
recommendations, where necessary, to improve those rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release for
crimes that predominantly affect women, such as rape and
domestic violence;
(5) evaluating the adequacy of, and make recommendations
regarding, the adequacy of State and Federal laws on sexual
assault and the need for a more uniform statutory response to
sex offenses, including sexual assaults and other sex offenses
committed by offenders who are known or related by blood or
marriage to the victim;
(6) evaluating the adequacy of, and make recommendations
regarding, the adequacy of State and Federal Laws on domestic
violence and the need for a more uniform statutory response to
domestic violence;
(7) evaluating the adequacy of, and make recommendations
regarding, the adequacy of current education, prevention, and
protection services for women victims of violent crimes;
(8) assessing the issuance, formulation, and enforcement of
protective orders, whether or not related to a criminal
proceeding, and making recommendations for their more effective
use in domestic violence and stalking cases;
(9) assessing the problem of stalking and persistent
menacing and recommending effective means of response to the
problem; and
(10) evaluating the adequacy of, and make recommendations
regarding, the national public awareness and the public
dissemination of information essential to the prevention of
violent crimes against women.
SEC. 3243. MEMBERSHIP.
(a) In General.--The Commission shall consist of 12 members, as
follows:
(1) President.--Four individuals, not more than two of whom
shall be of the same major political party.
(2) Senate.--Four individuals, two appointed by the
Majority Leader and two by the Minority Leader.
(3) House of Representatives.--Four individuals, two
appointed by the Majority Leader and two by the Minority
Leader.
(b) Representation.--The Commission members shall be chosen based
on their education, training, or experience, and shall include
representatives of State and local law enforcement, judicial
administration, prosecution, legal experts, persons devoted to the
protection of victims' rights, persons providing services to the
victims of sexual assault or domestic violence, and survivors of
violence.
(c) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made.
SEC. 3244. COMMISSION OPERATIONS.
(a) Meetings.--The Commission shall hold its first meeting not
later than 90 days after the date of enactment of this Act. After the
initial meeting, the Commission shall meet at least 6 times.
(b) Chair.--Not later than 15 days after the members of the
Commission are appointed, the President shall designate a chair from
among the members of the Commission.
(c) Pay.--Members of the Commission who are officers or employees
or elected officials of a government entity shall receive no additional
compensation by reason of their service on the Commission.
(d) Per Diem.--Except as provided in subsection (c), members of the
Commission shall be allowed travel and other expenses including per
diem in lieu of subsistence, at rates authorized for employees of
agencies under sections 5702 and 5703 of title 5, United States Code.
SEC. 3245. REPORTS.
(a) In General.--Not later than 1 year after the date on which the
Commission is fully constituted under section 3243, the Commission
shall prepare and submit a final report to the President, the Senate
Majority Leader, the Senate Republican Leader, the House Majority
Leader, the House Republican Leader, and to the congressional
committees that have jurisdiction over legislation addressing violent
crimes against women, including the crimes of domestic and sexual
assault.
(b) Contents.--The final report submitted under paragraph (1) shall
contain a detailed statement of the activities of the Commission and of
the findings and conclusions of the Commission, including such
recommendations for legislation and administrative action as the
Commission considers appropriate.
SEC. 3246. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--
(1) Appointment.--The Commission shall have an Executive
Director who shall be appointed by the Chair, with the approval
of the Commission, not later than 30 days after the Chair is
selected.
(2) Compensation.--The Executive Director shall be
compensated at a rate not to exceed the maximum rate of the
basic pay payable for a position above GS-15 of the General
Schedule contained in title 5, United States Code.
(b) Staff.--With the approval of the Commission, the Executive
Director may appoint and fix the compensation of such additional
personnel as the Executive Director considers necessary to carry out
the duties of the Commission.
(c) Applicability of Civil Service Laws.--The Executive Director
and the additional personnel of the Commission appointed under
subsection (b) 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 provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(d) Consultants.--Subject to such rules as may be prescribed by the
Commission, the Executive Director may procure temporary or
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals not to exceed $200 per day.
SEC. 3247. POWERS OF COMMISSION.
(a) Hearings.--For the purpose of carrying out this subtitle, the
Commission may conduct such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
before the Commission.
(b) Delegation.--Any member or employee of the Commission may, if
authorized by the Commission, take any action that the Commission is
authorized to take under this subtitle.
(c) Access to Information.--The Commission may request directly
from any executive department or agency such information as may be
necessary to enable the Commission to carry out this subtitle, on the
request of the Chair of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 3248. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$500,000 for fiscal year 1994.
SEC. 3249. TERMINATION.
The Commission shall cease to exist 30 days after the date on which
its final report is submitted under section 3244.
Subtitle E--New Evidentiary Rules
SEC. 3251. SEXUAL HISTORY IN ALL CRIMINAL CASES.
(a) Rule.--The Federal Rules of Evidence are amended by inserting
after rule 412 the following new rule:
``Rule 412A. Evidence of victim's past behavior in other criminal cases
``(a) Reputation and Opinion Evidence Excluded.--Notwithstanding
any other law, in a criminal case, other than a sex offense case
governed by rule 412, reputation or opinion evidence of the past sexual
behavior of an alleged victim is not admissible.
``(b) Admissibility.--Notwithstanding any other law, in a criminal
case, other than a sex offense case governed by rule 412, evidence of
an alleged victim's past sexual behavior (other than reputation and
opinion evidence) may be admissible if--
``(1) the evidence is admitted in accordance with the
procedures specified in subdivision (c); and
``(2) the probative value of the evidence outweighs the
danger of unfair prejudice.
``(c) Procedures.--(1) If the defendant intends to offer evidence
of specific instances of the alleged victim's past sexual behavior, the
defendant shall make a written motion to offer such evidence not later
than 15 days before the date on which the trial in which such evidence
is to be offered is scheduled to begin, except that the court may allow
the motion to be made at a later date, including during trial, if the
court determines either that the evidence is newly discovered and could
not have been obtained earlier through the exercise of due diligence or
that the issue to which such evidence relates has newly arisen in the
case. Any motion made under this paragraph shall be served on all other
parties and on the alleged victim.
``(2) The motion described in paragraph (1) shall be accompanied by
a written offer of proof. If necessary, the court shall order a hearing
in chambers to determine if such evidence is admissible. At the
hearing, the parties may call witnesses, including the alleged victim
and offer relevant evidence. Notwithstanding subdivision (b) of rule
104, if the relevancy of the evidence which the defendant seeks to
offer in the trial depends upon the fulfillment of a condition of fact,
the court, at the hearing in chambers or at a subsequent hearing in
chambers scheduled for such purpose, shall accept evidence on the issue
of whether such condition of fact is fulfilled and shall determine such
issue.
``(3) If the court determines on the basis of the hearing described
in paragraph (2), that the evidence the defendant seeks to offer is
relevant, not excluded by any other evidentiary rule, and that the
probative value of such evidence outweighs the danger of unfair
prejudice, such evidence shall be admissible in the trial to the extent
an order made by the court specifies the evidence which may be offered
and areas with respect to which the alleged victim may be examined or
cross-examined. In its order, the court should consider (A) the chain
of reasoning leading to its finding of relevance, and (B) why the
probative value of the evidence outweighs the danger of unfair
prejudice given the potential of the evidence to humiliate and
embarrass the alleged victim and to result in unfair or biased jury
inferences.''.
(b) Technical Amendment.--The table of contents for the Federal
Rules of Evidence is amended by inserting after the item relating to
rule 412 the following new item:
``412A. Evidence of victim's past behavior in other criminal cases:
``(a) Reputation and opinion evidence excluded.
``(b) Admissibility.
``(c) Procedures.''.
SEC. 3252. SEXUAL HISTORY IN CIVIL CASES.
(a) Rule.--The Federal Rules of Evidence, as amended by section
3251, are amended by adding after rule 412A the following new rule:
``Rule 412B. Evidence of past sexual behavior in civil cases
``(a) Reputation and Opinion Evidence Excluded.--Notwithstanding
any other law, in a civil case in which a defendant is accused of
actionable sexual misconduct, reputation or opinion evidence of the
plaintiff's past sexual behavior is not admissible.
``(b) Admissible Evidence.--Notwithstanding any other law, in a
civil case in which a defendant is accused of actionable sexual
misconduct, evidence of a plaintiff's past sexual behavior other than
reputation or opinion evidence may be admissible if--
``(1) it is admitted in accordance with the procedures
specified in subdivision (c); and
``(2) the probative value of the evidence outweighs the
danger of unfair prejudice.
``(c) Procedures.--(1) If the defendant intends to offer evidence
of specific instances of the plaintiff's past sexual behavior, the
defendant shall make a written motion to offer such evidence not later
than 15 days before the date on which the trial in which such evidence
is to be offered is scheduled to begin, except that the court may allow
the motion to be made at a later date, including during trial, if the
court determines either that the evidence is newly discovered and could
not have been obtained earlier through the exercise of due diligence or
that the issue to which such evidence relates has newly arisen in the
case. Any motion made under this paragraph shall be served on all other
parties and on the plaintiff.
``(2) The motion described in paragraph (1) shall be accompanied by
a written offer of proof. If necessary, the court shall order a hearing
in chambers to determine if such evidence is admissible. At the
hearing, the parties may call witnesses, including the plaintiff and
offer relevant evidence. Notwithstanding subdivision (b) of rule 104,
if the relevancy of the evidence that the defendant seeks to offer in
the trial depends upon the fulfillment of a condition of fact, the
court, at the hearing in chambers or at a subsequent hearing in
chambers scheduled for the purpose, shall accept evidence on the issue
of whether the condition of fact is fulfilled and shall determine such
issue.
``(3) If the court determines on the basis of the hearing described
in paragraph (2) that the evidence the defendant seeks to offer is
relevant and not excluded by any other evidentiary rule, and that the
probative value of the evidence outweighs the danger of unfair
prejudice, the evidence shall be admissible in the trial to the extent
an order made by the court specifies evidence that may be offered and
areas with respect to which the plaintiff may be examined or cross-
examined. In its order, the court should consider--
``(A) the chain of reasoning leading to its finding of
relevance; and
``(B) why the probative value of the evidence outweighs the
danger of unfair prejudice given the potential of the evidence
to humiliate and embarrass the alleged victim and to result in
unfair or biased jury inferences.
``(d) Definitions.--For purposes of this rule, a case involving a
claim of actionable sexual misconduct, includes sexual harassment or
sex discrimination claims brought pursuant to title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000(e)) and gender bias claims brought
pursuant to title XXXIV of the Violence Against Women Act of 1993.''.
(b) Technical Amendment.--The table of contents for the Federal
Rules of Evidence, as amended by section 3251, is amended by inserting
after the item relating to rule 412A the following new item:
``412B. Evidence of past sexual behavior in civil cases:
``(a) Reputation and opinion evidence excluded.
``(b) Admissible evidence.
``(c) Procedures.
``(d) Definitions.''.
SEC. 3253. AMENDMENTS TO RAPE SHIELD LAW.
(a) Rule.--Rule 412 of the Federal Rules of Evidence is amended--
(1) by adding at the end the following new subdivisions:
``(e) Interlocutory Appeal.--Notwithstanding any other law, any
evidentiary rulings made pursuant to this rule are subject to
interlocutory appeal by the government or by the alleged victim.
``(f) Rule of Relevance and Privilege.--If the prosecution seeks to
offer evidence of prior sexual history, the provisions of this rule may
be waived by the alleged victim.''; and
(2) by adding at the end of subdivision (c)(3) the
following: ``In its order, the court should consider (A) the
chain of reasoning leading to its finding of relevance; and (B)
why the probative value of the evidence outweighs the danger of
unfair prejudice given the potential of the evidence to
humiliate and embarrass the alleged victim and to result in
unfair or biased jury inferences.''.
(b) Technical Amendment.--The table of contents for the Federal
Rules of Evidence is amended by adding at the end the item relating to
rule 412 the following:
``(e) Interlocutory appeal.
``(f) Rule of relevance and privilege.''.
SEC. 3254. EVIDENCE OF CLOTHING.
(a) Rule.--The Federal Rules of Evidence, as amended by section
3252, are amended by adding after rule 412B the following new rule:
``Rule 413. Evidence of victim's clothing as inciting violence
``Notwithstanding any other law, in a criminal case in which a
person is accused of an offense under chapter 109A of title 18, United
States Code, evidence of an alleged victim's clothing is not admissible
to show that the alleged victim incited or invited the offense
charged.''.
(b) Technical Amendment.--The table of contents for the Federal
Rules of Evidence, as amended by section 3252, is amended by inserting
after the item relating to rule 412B the following new item:
``413. Evidence of victim's clothing as inciting violence.''.
Subtitle F--Assistance to Victims of Sexual Assault
SEC. 3261. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN.
Part A of title XIX of the Public Health and Health Services Act
(42 U.S.C. 300w et seq.) is amended by adding at the end the following
new section:
``SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
``(a) Permitted Use.--Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or
similar nongovernmental nonprofit entities, which programs may
include--
``(1) educational seminars;
``(2) the operation of hotlines;
``(3) training programs for professionals;
``(4) the preparation of informational materials; and
``(5) other efforts to increase awareness of the facts
about, or to help prevent, sexual assault, including efforts to
increase awareness in underserved racial, ethnic, and language
minority communities.
``(b) Targeting of Education Programs.--States providing grant
monies must ensure that at least 25 percent of the monies are devoted
to education programs targeted for middle school, junior high school,
and high school students.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $65,000,000 for each of fiscal
years 1994, 1995, and 1996.
``(d) Limitation.--Funds authorized under this section may only be
used for providing rape prevention and education programs.
``(e) Definition.--For purposes of this section, the term `rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to the
victim as well as offenders who are known to the victim.
``(f) Terms.--States shall be allotted funds under this section
pursuant to the terms of sections 1902 and 1903, and subject to the
conditions provided in this section and sections 1904 through 1909.''.
SEC. 3262. RAPE EXAM PAYMENTS.
(a) No State or other grantee is entitled to funds under title
XXXII of the Violence Against Women Act of 1993 unless the State or
other grantee incurs the full cost of forensic medical exams for
victims of sexual assault. A State or other grantee does not incur the
full medical cost of forensic medical exams if it chooses to reimburse
the victim after the fact unless the reimbursement program waives any
minimum loss or deductible requirement, provides victim reimbursement
within a reasonable time (90 days), permits applications for
reimbursement within one year from the date of the exam, and provides
information to all subjects of forensic medical exams about how to
obtain reimbursement.
(b) Within 90 days after the enactment of this Act, the Director of
the Office of Victims of Crime shall propose regulations to implement
this section, detailing qualified programs. Such regulations shall
specify the type and form of information to be provided victims,
including provisions for multilingual information, where appropriate.
SEC. 3263. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
FEMALE RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et
seq.) is amended by--
(1) redesignating sections 316 and 317 as sections 317 and
318, respectively; and
(2) inserting after section 315 the following new section:
``grants for prevention of sexual abuse and exploitation
``Sec. 316. (a) In General.--The Secretary shall make grants under
this section to private, nonprofit agencies for street-based outreach
and education, including treatment, counseling, and information and
referral, for female runaway, homeless, and street youth who have been
subjected to or are at risk of being subjected to sexual abuse.
``(b) Priority.--In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that have
experience in providing services to female runaway, homeless, and
street youth.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1994, 1995, and 1996.
``(d) Definitions.--For the purposes of this section--
``(1) the term `street-based outreach and education'
includes education and prevention efforts directed at offenses
committed by offenders who are not known to the victim as well
as offenders who are known to the victim; and
``(2) the term `street youth' means a female less than 21
years old who spends a significant amount of time on the street
or in other areas of exposure to encounters that may lead to
sexual abuse.''.
SEC. 3264. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure is amended--
(1) by striking ``and'' at the end of subdivision
(a)(1)(B);
(2) by striking the period at the end of subdivision
(a)(1)(C) and inserting ``; and'';
(3) by inserting after subdivision (a)(1)(C) the following
new subdivision:
``(D) if sentence is to be imposed for a crime of violence
or sexual abuse, address the victim personally if the victim is
present at the sentencing hearing and determine if the victim
wishes to make a statement and to present any information in
relation to the sentence.'';
(4) in the penultimate sentence of subdivision (a)(1), by
striking ``equivalent opportunity'' and inserting ``opportunity
equivalent to that of the defendant's counsel'';
(5) in the last sentence of subdivision (a)(1) by inserting
``the victim,'' before ``or the attorney for the Government.'';
and
(6) by adding at the end the following new subdivision:
``(f) Definitions.--For purposes of this rule--
``(1) the term `victim' means any person against whom an
offense for which a sentence is to be imposed has been
committed, but the right of allocution under subdivision
(a)(1)(D) may be exercised instead by--
``(A) a parent or legal guardian in case the victim
is below the age of 18 years or incompetent; or
``(B) 1 or more family members or relatives
designated by the court in case the victim is deceased
or incapacitated,
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present; and
``(2) the term `crime of violence or sexual abuse' means a
crime that involved the use or attempted or threatened use of
physical force against the person or property of another, or a
crime under chapter 109A of title 18, United States Code.''.
TITLE XXXIII--SAFE HOMES FOR WOMEN
SEC. 3301. SHORT TITLE.
This title may be cited as the ``Safe Homes for Women Act of
1993''.
Subtitle A--Family Violence Prevention and Services Act Amendments
SEC. 3311. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national, toll-free
telephone hotline to provide information and assistance to victims of
domestic violence.
``(b) Activities.--Funds received by an entity under this section
shall be utilized to open and operate a national, toll-free domestic
violence hotline. Such funds may be used for activities including--
``(1) contracting with a carrier for the use of a toll-free
telephone line;
``(2) employing, training and supervising personnel to
answer incoming calls and provide counseling and referral
services to callers on a 24-hour-a-day basis;
``(3) assembling, maintaining, and continually updating a
database of information and resources to which callers may be
referred throughout the United States; and
``(4) publicizing the hotline to potential users throughout
the United States.
``(c) Application.--A grant may not be made under this section
unless an application for such grant has been approved by the
Secretary. To be approved by the Secretary under this subsection an
application shall--
``(1) provide such agreements, assurances, and information,
be in such form and be submitted in such manner as the
Secretary shall prescribe through notice in the Federal
Register;
``(2) include a complete description of the applicant's
plan for the operation of a national domestic violence hotline,
including descriptions of--
``(A) the training program for hotline personnel;
``(B) the hiring criteria for hotline personnel;
``(C) the methods for the creation, maintenance and
updating of a resource database; and
``(D) a plan for publicizing the availability of
the hotline;
``(3) demonstrate that the applicant has nationally
recognized expertise in the area of domestic violence and a
record of high quality service to victims of domestic violence;
and
``(4) contain such other information as the Secretary may
require.
``(d) Special Considerations.--In considering an application under
subsection (c), the Secretary shall also take into account the
applicant's ability to offer multilingual services and services for the
hearing impaired.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for each of fiscal
years 1994, 1995, and 1996.''.
Subtitle B--Interstate Enforcement
SEC. 3321. INTERSTATE ENFORCEMENT.
(a) In General.--Part 1 of title 18, United States Code, is amended
by inserting after chapter 110 the following new chapter:
``CHAPTER 110A--VIOLENCE AGAINST SPOUSES
``Sec. 2261. Traveling to commit spousal abuse.
``Sec. 2262. Interstate violation of protection orders.
``Sec. 2263. Interim protections.
``Sec. 2264. Restitution.
``Sec. 2265. Full faith and credit given to protection orders.
``Sec. 2266. Definitions.
``Sec. 2261. Traveling to commit spousal abuse
``(a) In General.--Any person who travels across a State line with
the intent to injure, harass, intimidate his or her spouse or intimate
partners and who, in the course of or as a result of such travel,
commits an act that injures his or her spouse or intimate partner shall
be punished as provided in subsection (c).
``(b) Causing the Crossing of a State Line.--Any person who causes
a spouse or intimate partner to cross a State line by force, coercion,
duress or fraud and, in the course or as a result of that conduct,
commits an act that injures his or her spouse or intimate partner shall
be punished as provided in subsection (c).
``(c) Penalties.--A person who violates this section shall be
punished as follows:
``(1) If permanent disfigurement or life-threatening bodily
injury results, by imprisonment for not more than 20 years; if
serious bodily injury results, by fine under this title or
imprisonment for not more than 10 years, or both.
``(2) If the offense is committed with intent to commit
another felony, by fine under this title or imprisonment for
not more than 10 years, or both.
``(3) If the offense is committed with a dangerous weapon,
with intent to do bodily harm, by fine under this title or
imprisonment for not more than 5 years, or both.
``(4) If the offense constitutes sexual abuse, as that
conduct is described under chapter 109A of title 18, United
States Code (without regard to whether the offense was
committed in the maritime, territorial or prison jurisdiction
of the United States), by fine or term of imprisonment as
provided for the applicable conduct under chapter 109A.
``(5) In a case not described in paragraph (1), (2), (3),
or (4), by fine under this title or imprisonment for not more
than 5 years, or both.
``(d) Criminal Intent.--The criminal intent of the offender
required to establish an offense under subsection (b) does not require
a showing of the specific intent to violate the law of a State.
``(e) No Prior State Action Necessary.--Nothing in this section
requires a prior criminal prosecution or conviction or a prior civil
protection order issued under State law to initiate Federal
prosecution.
``Sec. 2262. Interstate violation of protection orders
``(a) In General.--Any person against whom a valid protection order
has been entered who--
``(1) travels across a State line with the intent to
injure, harass, intimidate, or contact a spouse or intimate
partner; and
``(2) commits an act that injures, harasses, or intimidates
a spouse or intimate partner or otherwise violates a valid
protection order issued by a State,
shall be punished as provided in subsection (c).
``(b) Causing the Crossing of a State Line.--Any person who causes
a spouse or intimate partner to cross a State line by force, coercion,
duress, or fraud, and, in the course or as a result of that conduct,
commits an act that injures his or her spouse or intimate partner in
violation of a valid protection order issued by a State shall be
punished as provided in subsection (c).
``(c) Penalties.--A person who violates this section shall be
punished as follows:
``(1) If permanent disfigurement or life-threatening bodily
injury results, by imprisonment for not more than 20 years; if
serious bodily injury results, by fine under this title or
imprisonment for not more than 10 years, or both.
``(2) If the offense is committed with intent to commit
another felony, by fine under this title or imprisonment for
not more than 10 years, or both.
``(3) If the offense is committed with a dangerous weapon,
with intent to do bodily harm, by fine under this title or
imprisonment for not more than 5 years, or both.
``(4) If the offender has previously violated any prior
protection order issued against that person for the protection
of the same victim, by fine under this title or imprisonment
for not more than 5 years and not less than 6 months, or both.
``(5) If the offense constitutes sexual abuse, as that
conduct is described under chapter 109A of title 18, United
States Code (without regard to whether the conduct was
committed in the special maritime, territorial or prison
jurisdiction of the United States), by fine or term of
imprisonment as provided for the applicable offense under
chapter 109A.
``(6) In a case not described in paragraph (1), (2), (3),
(4), or (5), by fine under this title or imprisonment for not
more than 5 years, or both.
``(d) Criminal Intent.--The criminal intent required to establish
the offense provided in subsection (a) does not require a showing of
the specific intent to violate a protection order or the law of any
State.
``(e) No Prior State Action Necessary.--Nothing in this section
requires a prior criminal prosecution or conviction under State law to
initiate Federal prosecution.
``Sec. 2263. Pretrial release of defendant
``In any proceeding pursuant to section 3142 of this title for the
purpose of determining whether a defendant charged under this section
shall be released pending trial, or for the purpose of determining
conditions of such release, the alleged victim shall be given an
opportunity to be heard regarding the danger posed by the defendant.
``Sec. 2264. Restitution
``(a) In General.--In addition to any fine or term of imprisonment
provided under this chapter, and notwithstanding section 3663, the
court shall order restitution to the victim of an offense under this
chapter.
``(b) Scope and Nature of Order.--(1) An order of restitution under
this section shall direct that--
``(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph (2);
and
``(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
``(2) For purposes of this subsection, the term `full amount of the
victim's losses' includes any costs incurred by the victim for--
``(A) medical services relating to physical, psychiatric,
or psychological care;
``(B) physical and occupational therapy or rehabilitation;
``(C) lost income;
``(D) attorneys' fees, plus any costs incurred in obtaining
a civil protection order; and
``(E) any other losses suffered by the victim as a
proximate result of the offense.
``(3) A restitution order under this section is mandatory. A court
may not decline to issue an order under this section because of--
``(A) the economic circumstances of the defendant; or
``(B) the fact that victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of
insurance.
``(4)(A) Notwithstanding paragraph (3), the court may take into
account the economic circumstances of the defendant in determining the
manner in which and the schedule according to which the restitution is
to be paid, including--
``(i) the financial resources and other assets of the
defendant;
``(ii) projected earnings, earning capacity, and other
income of the defendant; and
``(iii) any financial obligations of the offender,
including obligations to dependents.
``(B) An order under this section may direct the defendant to make
a single lump-sum payment, or partial payments at specified intervals.
The order shall provide that the defendant's restitutionary obligation
takes priority over any criminal fine ordered.
``(C) If the victim has recovered for any amount of loss through
the proceeds of insurance or any other source, the order of restitution
shall provide that restitution be paid to the person who provided the
compensation, but that restitution shall be paid to the victim for the
victim's other losses before any restitution is paid to any other
provider of compensation.
``(5) Any amount paid to a victim under this section shall be set
off against any amount later recovered as compensatory damages by the
victim from the defendant in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(c) Proof of Claim.--(1) Within 60 days after conviction and, in
any event, no later than 10 days prior to sentencing, the United States
Attorney (or the United States Attorney's delegee), after consulting
with the victim, shall prepare and file an affidavit with the court
listing the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the United
States Attorney's delegee) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the United States Attorney's delegee) shall advise the
victim that the victim may file a separate affidavit and shall provide
the victim with an affidavit form which may be used to do so.
``(2) If no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
``(3) If the court concludes, after reviewing the supporting
documentation and considering the defendant's objections, that there is
a substantial reason for doubting the authenticity or veracity of the
records submitted, the court may require additional documentation or
hear testimony on those questions. Any records filed, or testimony
heard, pursuant to this subsection, shall be in camera in the judge's
chambers.
``(4) If the victim's losses are not ascertainable 10 days prior to
sentencing as provided in subsection (c)(1), the United States Attorney
(or the United States Attorney's delegee) shall so inform the court,
and the court shall set a date for the final determination of the
victim's losses, not to exceed 90 days after sentencing. If the victim
subsequently discovers further losses, the victim shall have 60 days
after discovery of those losses in which to petition the court for an
amended restitution order. Such an order may be granted only upon a
showing of good cause for the failure to include such losses in the
initial claim for restitutionary relief.
``(d) Restitution and Criminal Penalties.--An award of restitution
to the victim of an offense under this chapter shall not be a
substitute for imposition of punishment under sections 2261 and 2262.
``(e) Definitions.--For purposes of this section, the term `victim'
includes the person harmed as a result of a commission of a crime under
this chapter, including, in the case of a victim who is under 18 years
of age, incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another family
member, or any other person appointed as suitable by the court, but in
no event shall the defendant be named as such a representative or
guardian.
``Sec. 2265. Full faith and credit given to protection orders
``(a) Full Faith and Credit.--Any protection order issued
consistent with subsection (b) by the court of 1 State (the issuing
State) shall be accorded full faith and credit by the court of another
State (the enforcing State) and enforced as if it were the order of the
enforcing State.
``(b) Protection Order.--(1) A protection order issued by a State
court is consistent with this subsection if--
``(A) the court has jurisdiction over the parties and
matter under the law of the State; and
``(B) reasonable notice and opportunity to be heard is
given to the person against whom the order is sought sufficient
to protect that person's right to due process.
``(2) In the case of an order under paragraph (1) that is issued ex
parte, notice and opportunity to be heard shall be provided within the
time required by State law, and in any event within a reasonable time
after the order is issued, sufficient to protect the respondent's due
process rights.
``(c) Cross- or Counter-Petition.--A protection order issued by a
State court against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against abuse by a
spouse or intimate partner is not entitled to full faith and credit
if--
``(1) no cross- or counter-petition, complaint, or other
written pleading was filed seeking such a protection order; or
``(2) if a cross- or counter-petition has been filed, if
the court did not make specific findings that each party was
entitled to such an order.
``Sec. 2266. Definitions
``As used in this chapter--
``(1) the term `spouse or intimate partner' includes--
``(A) a present or former spouse, a person who
shares a child in common with an abuser, and a person
who cohabits or has cohabited with an abuser as a
spouse; and
``(B) any other person similarly situated to a
spouse who is protected by the domestic or family
violence laws of the State in which the injury occurred
or where the victim resides, or any other adult person
who is protected from an abuser's acts under the
domestic or family violence laws of the State in which
the injury occurred or where the victim resides;
``(2) the term `protection order' includes an injunction or
other order issued for the purpose of preventing violent or
threatening acts by 1 spouse against his or her spouse or
intimate partner, including a temporary or final order issued
by a civil or criminal court (other than a support or child
custody order or provision) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding, so long as, in the case of a civil order, the order
was issued in response to a complaint, petition, or motion
filed by or on behalf of an abused spouse or intimate partner;
``(3) the term `act that injures' includes any act, except
one done in self-defense, that results in physical injury or
sexual abuse;
``(4) the term `State' includes a State of the United
States, the District of Columbia, and any Indian tribe,
commonwealth, territory, or possession of the United States;
and
``(5) the term `travel across a State line' includes any
travel except travel across a State line by an Indian tribal
member when that member remained at all times on tribal
lands.''.
(b) Technical Amendment.--The part analysis for part 1 of title 18,
United States Code, is amended by inserting after the item for chapter
110 the following new item:
``110A. Violence against spouses............................ 2261.''.
Subtitle C--Arrest in Spousal Abuse Cases
SEC. 3331. ENCOURAGING ARREST POLICIES.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 3311, is amended by adding at the end the
following new section:
``SEC. 317. ENCOURAGING ARREST POLICIES.
``(a) Purpose.--To encourage States, Indian tribes and localities
to treat spousal violence as a serious violation of criminal law, the
Secretary may make grants to eligible States, Indian tribes,
municipalities, or local government entities for the following
purposes:
``(1) To implement pro-arrest programs and policies in
police departments and to improve tracking of cases involving
spousal abuse.
``(2) To centralize police enforcement, prosecution, or
judicial responsibility for, spousal abuse cases in one group
or unit of police officers, prosecutors, or judges.
``(3) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal
and family courts.
``(4) To educate judges in criminal and other courts about
spousal abuse and to improve judicial handling of such cases.
``(b) Eligibility.--(1) Eligible grantees are those States, Indian
tribes, municipalities or other local government entities that--
``(A) demonstrate, through arrest and conviction
statistics, that their laws or policies have been effective in
significantly increasing the number of arrests made of spouse
abusers;
``(B) certify that their laws or official policies--
``(i) mandate arrest of spouse abusers based on
probable cause that violence has been committed; or
``(ii) permit warrantless arrests of spouse
abusers, encourage the use of that authority, and
mandate arrest of spouses violating the terms of a
valid and outstanding protection order;
``(C) demonstrate that their laws, policies, practices and
training programs discourage `dual' arrests of abused and
abuser;
``(D) certify that their laws, policies, and practices
prohibit issuance of mutual protection orders in cases where
only one spouse has sought a protection order, and require
findings of mutual aggression to issue mutual protection orders
in cases where both parties file a claim; and
``(E) certify that their laws, policies, and practices do
not require, in connection with the prosecution of any
misdemeanor or felony spouse abuse offense, that the abused
bear the costs associated with the filing of criminal charges
or the service of such charges on an abuser; or that the abused
bear the costs associated with the issuance or service of a
warrant, protection order or witness subpoena.
``(2) For purposes of this section--
``(A) the term `protection order' includes any injunction
issued for the purpose of preventing violent or threatening
acts of spouse abuse, including a temporary or final order
issued by civil or criminal courts (other than support or child
custody orders or provisions) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding; and
``(B) the term `spousal or spouse abuse' includes a felony
or misdemeanor offense committed by a current or former spouse
of the victim, a person with whom the victim shares a child in
common, a person who is cohabiting with or has cohabited with
the victim as a spouse, a person similarly situated to a spouse
of the victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or committed by any other
adult person upon a victim who is protected from that person's
acts under the domestic or family violence laws of the
jurisdiction receiving grant monies.
``(3) The eligibility requirements provided in this section shall
take effect on the date that is 1 year after the date of enactment of
this section.
``(c) Delegation and Authorization.--The Secretary shall delegate
to the Attorney General of the United States the Secretary's
responsibilities for carrying out this section. There are authorized to
be appropriated not in excess of $25,000,000 for each fiscal year to be
used for the purpose of making grants under this section.
``(d) Application.--An eligible grantee shall submit an application
to the Secretary. Such an application shall--
``(1) contain a certification by the chief executive
officer of the State, Indian tribe, municipality, or local
government entity that the conditions of subsection (b) are
met;
``(2) describe the entity's plans to further the purposes
listed in subsection (a);
``(3) identify the agency or office or groups of agencies
or offices responsible for carrying out the program; and
``(4) identify and include documentation showing the
nonprofit nongovernmental victim services programs that will be
consulted in developing, and implementing, the program.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to a grantee that--
``(1) does not currently provide for centralized handling
of cases involving spousal or family violence in any one of the
areas listed in this subsection--police, prosecutors, and
courts; and
``(2) demonstrates a commitment to strong enforcement of
laws, and prosecution of cases, involving spousal or family
violence.
``(f) Reporting.--Each grantee receiving funds under this section
shall submit a report to the Secretary evaluating the effectiveness of
the plan described in subsection (d)(2) and containing such additional
information as the Secretary may prescribe.
``(g) Regulations.--No later than 45 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. No later than 120 days after
such date, the Secretary shall publish final regulations implementing
this section.''.
Subtitle D--DOMESTIC VIOLENCE, FAMILY SUPPORT, AND SHELTER GRANTS
SEC. 3341. DOMESTIC VIOLENCE AND FAMILY SUPPORT GRANT PROGRAM.
(a) Purpose.--The purpose of this section is to strengthen and
improve State and local efforts to prevent and punish domestic violence
and other criminal and unlawful acts that particularly affect women,
and to assist and protect the victims of such crimes and acts.
(b) Authorization of Grants.--The Secretary of Health and Human
Services shall make grants to support projects and programs relating to
domestic violence and other criminal and unlawful acts that
particularly affect women, including support of--
(1) training and policy development programs for law
enforcement officers and prosecutors concerning the
investigation and prosecution of domestic violence;
(2) law enforcement and prosecutorial units and teams that
target domestic violence;
(3) model, innovative, and demonstration law enforcement
programs relating to domestic violence that involve pro-arrest
and aggressive prosecution policies;
(4) model, innovative, and demonstration programs for the
effective utilization and enforcement of protective orders;
(5) programs addressing stalking and persistent menacing;
(6) victim services programs for victims of domestic
violence;
(7) educational and informational programs relating to
domestic violence;
(8) resource centers providing information, technical
assistance, and training to domestic violence service
providers, agencies, and programs;
(9) coalitions of domestic violence service providers,
agencies, and programs;
(10) training programs for judges and court personnel in
relation to cases involving domestic violence;
(11) enforcement of child support obligations, including
cooperative efforts and arrangements of States to improve
enforcement in cases involving interstate elements; and
(12) shelters that provide services for victims of domestic
violence and related programs.
(c) Formula Grants.--Of the amount appropriated in each fiscal year
for grants under this section, other than the amount set aside to carry
out subsection (d)--
(1) 1 percent shall be set aside for each participating
State; and
(2) the remainder shall be allocated to the participating
States in proportion to their populations;
for the use of State and local governments in the States.
(d) Discretionary Grants.--Of the amount appropriated in each
fiscal year, 20 percent shall be set aside in a discretionary fund to
provide grants to public and private agencies to further the purposes
and objectives set forth in subsections (a) and (b).
(e) Application for Formula Grants.--To request a grant under
subsection (c), the chief executive officer of a State must, in each
fiscal year, submit to the Secretary a plan for addressing domestic
violence and other criminal and unlawful acts that particularly affect
women in the State, including a specification of the uses to which
funds provided under subsection (c) will be put in carrying out the
plan. The application must include--
(1) certification that the Federal funding provided will be
used to supplement and not supplant State and local funds;
(2) certification that any requirement of State law for
review by the State legislature or a designated body, and any
requirement of State law for public notice and comment
concerning the proposed plan, have been satisfied; and
(3) provisions for fiscal control, management,
recordkeeping, and submission of reports in relation to funds
provided under this section that are consistent with
requirements prescribed for the program.
(f) Conditions on Grants.--
(1) Matching funds.--Grants under subsection (c) may be for
up to 50 percent of the overall cost of a project or program
funded. Discretionary grants under subsection (d) may be for up
to 100 percent of the overall cost of a project or program
funded.
(2) Duration of grants.--Grants under subsection (c) may be
provided in relation to a particular project or program for up
to an aggregate maximum period of 4 years.
(3) Limit on administrative costs.--Not more than 5 percent
of a grant under subsection (c) may be used for costs incurred
to administer the grant.
(g) Evaluation.--The Secretary shall have the authority to carry
out evaluations of programs funded under this section. The recipient of
any grant under this section may be required to include an evaluation
component to determine the effectiveness of the project or program
funded that is consistent with guidelines issued by the Secretary.
(h) Report.--The Secretary shall submit an annual report to
Congress concerning the operation and effectiveness of the program
under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $100,000,000 for each of fiscal years 1994, 1995, and
1996; and
(2) such sums as are necessary for each fiscal year
thereafter.
(j) Authorization of Appropriations for the Family Violence
Prevention and Services Act.--Section 310(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10409(a)) is amended to read as
follows:
``(a) In General.--There are authorized to be appropriated to carry
out this title $85,000,000 for fiscal year 1994, $100,000,000 for
fiscal year 1995, and $125,000,000 for fiscal year 1996.''.
Subtitle E--Family Violence Prevention and Services Act Amendments
SEC. 3351. GRANTEE REPORTING.
(a) Submission of Application.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C. 10402(a)(2)(C)) is
amended by inserting ``and a plan to address the needs of underserved
populations, including populations underserved because of ethnic,
racial, cultural, language diversity or geographic isolation'' after
``such State''.
(b) Approval of Application.--Section 303(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding
at the end the following new paragraph:
``(4) Upon completion of the activities funded by a grant
under this subpart, the State grantee shall file a performance
report with the Director explaining the activities carried out
together with an assessment of the effectiveness of those
activities in achieving the purposes of this subpart. A section
of this performance report shall be completed by each grantee
or subgrantee that performed the direct services contemplated
in the application certifying performance of direct services
under the grant. The Director shall suspend funding for an
approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes
other than those set forth under this subpart, after following
the procedures set forth in paragraph (3). Federal funds may be
used only to supplement, not supplant, State funds.''.
Subtitle F--Youth Education and Domestic Violence
SEC. 3361. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.), as amended by section 3331, is amended by adding at the end the
following new section:
``SEC. 318. EDUCATING YOUTH ABOUT DOMESTIC VIOLENCE.
``(a) General Purpose.--For purposes of this section, the Secretary
shall delegate the Secretary's powers to the Secretary of Education
(hereafter in this section referred to as the `Secretary'). The
Secretary shall select, implement and evaluate 4 model programs for
education of young people about domestic violence and violence among
intimate partners.
``(b) Nature of Program.--The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: primary
schools, middle schools, secondary schools, and institutions of higher
education. The model programs shall be selected, implemented, and
evaluated in the light of the comments of educational experts, legal
and psychological experts on battering, and victim advocate
organizations such as battered women's shelters, State coalitions and
resource centers. The participation of each of those groups or
individual consultants from such groups is essential to the selection,
implementation, and evaluation of programs that meet both the needs of
educational institutions and the needs of the domestic violence
problem.
``(c) Review and Dissemination.--Not later than 2 years after the
date of enactment of this section, the Secretary shall transmit the
design and evaluation of the model programs, along with a plan and cost
estimate for nationwide distribution, to the relevant committees of
Congress for review.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $400,000 for fiscal year
1994.''.
Subtitle G--Confidentiality for Abused Persons
SEC. 3371. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
Not later than 90 days after enactment of this Act, the United
States Postal Service shall promulgate regulations to secure the
confidentiality of domestic violence shelters and abused persons'
addresses consistent with the following guidelines:
(1) Confidentiality shall be provided to a person upon the
presentation to an appropriate postal official of a valid court
order or a police report documenting abuse.
(2) Confidentiality shall be provided to any domestic
violence shelter upon presentation to an appropriate postal
authority of proof from a State domestic violence coalition
(within the meaning of section 311 of the Family Violence
Prevention and Services Act (42 U.S.C. 10410)) verifying that
the organization is a domestic violence shelter.
(3) Disclosure of addresses to State or Federal agencies
for legitimate law enforcement or other governmental purposes
shall not be prohibited.
(4) Compilations of addresses existing at the time the
order is presented to an appropriate postal official shall be
excluded from the scope of the proposed regulations.
Subtitle H--Technical Amendments
SEC. 3381. DEFINITIONS.
Section 309(5)(B) of the Family Violence Prevention and Services
Act (42 U.S.C. 10408(5)(B)) is amended by inserting ``or other
supportive services'' before ``by peers individually or in groups,''.
SEC. 3382. SPECIAL ISSUE RESOURCE CENTERS.
(a) Grants.--Section 308(a)(2) of the Family Violence Prevention
and Services Act (42 U.S.C. 10407(a)(2)) is amended by striking ``six''
and inserting ``seven''.
(b) Functions.--Section 308(c) of the Family Violence Prevention
and Services Act (42 U.S.C. 10407(c)) is amended--
(1) by striking the period at the end of paragraph (6) and
inserting ``, including the issuance and enforcement of
protection orders.''; and
(2) by adding at the end the following new paragraph:
``(7) Providing technical assistance and training to State
domestic violence coalitions.''.
SEC. 3383. STATE DOMESTIC VIOLENCE COALITIONS.
Section 311(a) of the Family Violence Prevention and Services Act
(42 U.S.C. 10410(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following new paragraph:
``(1) working with local domestic violence programs and
providers of direct services to encourage appropriate responses
to domestic violence within the State, including--
``(A) training and technical assistance for local
programs and professionals working with victims of
domestic violence;
``(B) planning and conducting State needs
assessments and planning for comprehensive services;
``(C) serving as an information clearinghouse and
resource center for the State; and
``(D) collaborating with other governmental systems
which affect battered women;'';
(3) in paragraph (2)(K), as redesignated by paragraph (1),
by striking ``and court officials and other professionals'' and
inserting ``, judges, court officers and other criminal justice
professionals,'';
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting ``, criminal court judges,'' after
``family law judges,'' each place it appears;
(B) in subparagraph (F), by inserting ``custody''
after ``temporary''; and
(C) in subparagraph (H), by striking ``supervised
visitations that do not endanger victims and their
children,'' and inserting ``supervised visitations or
denial of visitation to protect against danger to
victims or their children''; and
(5) in paragraph (4), as redesignated by paragraph (1), by
inserting ``, including information aimed at underserved
racial, ethnic or language-minority populations'' before the
semicolon.
Subtitle I--Data and Research
SEC. 3391. RESEARCH AGENDA.
(a) Request for Contract.--The Director of the National Institute
of Justice shall request the National Academy of Sciences, through its
National Research Council, to enter into a contract to develop a
research agenda to increase the understanding and control of violence
against women, including rape and domestic violence. In furtherance of
the contract, the National Academy shall convene a panel of nationally
recognized experts on violence against women, in the fields of law,
medicine, criminal justice and the social sciences. In setting the
agenda, the Academy shall focus primarily upon preventive, educative,
social, and legal strategies. Nothing in this section shall be
construed to invoke the terms of the Federal Advisory Committee Act.
(b) Declination of Request.--If the National Academy of Sciences
declines to conduct the study and develop a research agenda, it shall
recommend a nonprofit private entity that is qualified to conduct such
a study. In that case, the Director of the National Institute of
Justice shall carry out subsection (a) through the nonprofit private
entity recommended by the Academy. In either case, whether the study is
conducted by the National Academy of Sciences or by the nonprofit group
it recommends, the funds for the contract shall be made available from
sums appropriated for the conduct of research by the National Institute
of Justice.
(c) Report.--The Director of the National Institute of Justice
shall ensure that no later than 9 months after the date of enactment of
this Act, the study required under subsection (a) is completed and a
report describing the findings made is submitted to the Committee on
the Judiciary of the House of Representatives, the Committee on the
Judiciary of the Senate, and the Attorney General's Task Force on
Violence Against Women.
SEC. 3392. STATE DATABASES.
(a) In General.--The National Institute of Justice, in conjunction
with the Bureau of Justice Statistics, shall study and report to the
States and to Congress on how the States may collect centralized
databases on the incidence of domestic violence offenses within a
State.
(b) Consultation.--In conducting its study, the National Institute
of Justice shall consult persons expert in the collection of criminal
justice data, State statistical administrators, law enforcement
personnel, and nonprofit nongovernmental agencies that provide direct
services to victims of domestic violence. The Institute's final report
shall set forth the views of the persons consulted on the Institute's
recommendations.
(c) Report.--The Director of the National Institute of Justice
shall ensure that no later than 9 months after the date of enactment of
this Act, the study required under subsection (a) is completed and a
report describing the findings made is submitted to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate.
(d) Authorization of Appropriations.--There are authorized such
sums as are necessary to carry out this section.
SEC. 3393. NUMBER AND COST OF INJURIES.
(a) Study.--The Secretary of Health and Human Services, acting
through the Centers for Disease Control Injury Control Division, shall
conduct a study to obtain a national projection of the incidence of
injuries resulting from domestic violence, the cost of injuries to
health care facilities, and recommend health care strategies for
reducing the incidence and cost of such injuries.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000 for fiscal year 1994.
TITLE XXXIV--CIVIL RIGHTS
SEC. 3401. SHORT TITLE.
This title may be cited as the ``Civil Rights Remedies for Gender-
Motivated Violence Act''.
SEC. 3402. CIVIL RIGHTS.
(a) Findings.--The Congress finds that--
(1) crimes of violence motivated by gender constitute bias
crimes in violation of the victim's right to be free from
discrimination on the basis of gender;
(2) current law provides a civil rights remedy for gender
crimes committed in the workplace, but not for crimes of
violence motivated by gender committed on the street or in the
home;
(3) State and Federal criminal laws do not adequately
protect against the bias element of crimes of violence
motivated by gender, which separates these crimes from acts of
random violence, nor do those laws adequately provide victims
of gender-motivated crimes the opportunity to vindicate their
interests;
(4) existing bias and discrimination in the criminal
justice system often deprives victims of crimes of violence
motivated by gender of equal protection of the laws and the
redress to which they are entitled;
(5) crimes of violence motivated by gender have a
substantial adverse effect on interstate commerce, by deterring
potential victims from traveling interstate, from engaging in
employment in interstate business, and from transacting with
business, and in places involved, in interstate commerce;
(6) crimes of violence motivated by gender have a
substantial adverse effect on interstate commerce, by
diminishing national productivity, increasing medical and other
costs, and decreasing the supply of and the demand for
interstate products;
(7) a Federal civil rights action as specified in this
section is necessary to guarantee equal protection of the laws
and to reduce the substantial adverse effects on interstate
commerce caused by crimes of violence motivated by gender; and
(8) the victims of crimes of violence motivated by gender
have a right to equal protection of the laws, including a
system of justice that is unaffected by bias or discrimination
and that, at every relevant stage, treats such crimes as
seriously as other violent crimes.
(b) Right To Be Free From Crimes Of Violence.--All persons within
the United States shall have the right to be free from crimes of
violence motivated by gender (as defined in subsection (d)).
(c) Cause of Action.--A person (including a person who acts under
color of any statute, ordinance, regulation, custom, or usage of any
State) who commits a crime of violence motivated by gender and thus
deprives another of the right declared in subsection (b) shall be
liable to the party injured, in an action for the recovery of
compensatory and punitive damages, injunctive and declaratory relief,
and such other relief as a court may deem appropriate.
(d) Definitions.--For purposes of this section--
(1) the term ``crime of violence motivated by gender''
means a crime of violence committed because of gender or on the
basis of gender; and due, at least in part, to an animus based
on the victim's gender;
(2) the term ``crime of violence'' means--
(A) an act or series of acts that would constitute
a felony against the person or that would constitute a
felony against property if the conduct presents a
serious risk of physical injury to another, and that
would come within the meaning of State or Federal
offenses described in section 16 of title 18, United
States Code, whether or not those acts have actually
resulted in criminal charges, prosecution, or
conviction and whether or not those acts were committed
in the special maritime, territorial, or prison
jurisdiction of the United States; and
(B) includes an act or series of acts that would
constitute a felony described in subparagraph (A) but
for the relationship between the person who takes such
action and the individual against whom such action is
taken.
(e) Limitation and Procedures.--
(1) Limitation.--Nothing in this section entitles a person
to a cause of action under subsection (c) for random acts of
violence unrelated to gender or for acts that cannot be
demonstrated, by a preponderance of the evidence, to be
motivated by gender (within the meaning of subsection (d)).
(2) No prior criminal action.--Nothing in this section
requires a prior criminal complaint, prosecution, or conviction
to establish the elements of a cause of action under subsection
(c).
(3) Concurrent jurisdiction.--The Federal and State courts
shall have concurrent jurisdiction over actions brought
pursuant to this title.
(4) Pendent jurisdiction.--Neither section 1367 of title
28, United States Code, nor subsection (c) of this section
shall be construed, by reason of a claim arising under such
subsection, to confer on the courts of the United States
jurisdiction over any State law claim seeking the establishment
of a divorce, alimony, equitable distribution of marital
property, or child custody decree.
(5) Limitation on removal.--Section 1445 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
``(d) A civil action in any State court arising under section 3402
of the Violence Against Women Act of 1993 may not be removed to any
district court of the United States.''.
SEC. 3403. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in
the last sentence--
(1) by striking ``or'' after ``Public Law 92-318,''; and
(2) by inserting ``, or title XXXIV of the Violence Against
Women Act of 1993,'' after ``1964''.
SEC. 3404. SENSE OF THE SENATE CONCERNING PROTECTION OF THE PRIVACY OF
RAPE VICTIMS.
(a) Findings and Declaration.--The Congress finds and declares
that--
(1) there is a need for a strong and clear Federal response
to violence against women, particularly with respect to the
crime of rape;
(2) rape is an abominable and repugnant crime, and one that
is severely underreported to law enforcement authorities
because of its stigmatizing nature;
(3) the victims of rape are often further victimized by a
criminal justice system that is insensitive to the trauma
caused by the crime and are increasingly victimized by news
media that are insensitive to the victim's emotional and
psychological needs;
(4) rape victims' need for privacy should be respected;
(5) rape victims need to be encouraged to come forward and
report the crime of rape without fear of being revictimized
through involuntary public disclosure of their identities;
(6) rape victims need a reasonable expectation that their
physical safety will be protected against retaliation or
harassment by an assailant;
(7) the news media should, in the exercise of their
discretion, balance the public's interest in knowing facts
reported by free news media against important privacy interests
of a rape victim, and an absolutist view of the public interest
leads to insensitivity to a victim's privacy interest; and
(8) the public's interest in knowing the identity of a rape
victim is small compared with the interests of maintaining the
privacy of rape victims and encouraging rape victims to report
and assist in the prosecution of the crime of rape.
(b) Sense of the Senate.--It is the sense of the Senate that news
media, law enforcement officers, and other persons should exercise
restraint and respect a rape victim's privacy by not disclosing the
victim's identity to the general public or facilitating such disclosure
without the consent of the victim.
TITLE XXXV--SAFE CAMPUSES FOR WOMEN
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS.
Section 1541(i) of the Higher Education Amendments of 1992 (20
U.S.C. 1145h(i)) is amended to read as follows:
``(i) For the purpose of carrying out this part, there are
authorized to be appropriated $20,000,000 for fiscal year 1994 and such
sums as are necessary for fiscal years 1995, 1996, and 1997.''.
TITLE XXXVI--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
SEC. 3601. SHORT TITLE.
This title may be cited as the ``Equal Justice for Women in the
Courts Act of 1993''.
Subtitle A--Education and Training for Judges and Court Personnel in
State Courts
SEC. 3611. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of
developing, testing, presenting, and disseminating model programs to be
used by States in training judges and court personnel in the laws of
the States on rape, sexual assault, domestic violence, and other crimes
of violence motivated by the victim's gender.
SEC. 3612. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this subtitle may
include current information, existing studies, or current data on--
(1) the nature and incidence of rape and sexual assault by
strangers and nonstrangers, marital rape, and incest;
(2) the underreporting of rape, sexual assault, and child
sexual abuse;
(3) the physical, psychological, and economic impact of
rape and sexual assault on the victim, the costs to society,
and the implications for sentencing;
(4) the psychology of sex offenders, their high rate of
recidivism, and the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape
and sexual assault;
(6) sex stereotyping of female and male victims of rape and
sexual assault, racial stereotyping of rape victims and
defendants, and the impact of such stereotypes on credibility
of witnesses, sentencing, and other aspects of the
administration of justice;
(7) application of rape shield laws and other limits on
introduction of evidence that may subject victims to improper
sex stereotyping and harassment in both rape and nonrape cases,
including the need for sua sponte judicial intervention in
inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma
syndrome, child sexual abuse accommodation syndrome, post-
traumatic stress syndrome, and similar issues;
(9) the legitimate reasons why victims of rape, sexual
assault, and incest may refuse to testify against a defendant;
(10) the nature and incidence of domestic violence;
(11) the physical, psychological, and economic impact of
domestic violence on the victim, the costs to society, and the
implications for court procedures and sentencing;
(12) the psychology and self-presentation of batterers and
victims and the implications for court proceedings and
credibility of witnesses;
(13) sex stereotyping of female and male victims of
domestic violence, myths about presence or absence of domestic
violence in certain racial, ethnic, religious, or socioeconomic
groups, and their impact on the administration of justice;
(14) historical evolution of laws and attitudes on domestic
violence;
(15) proper and improper interpretations of the defenses of
self-defense and provocation, and the use of expert witness
testimony on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential impact
of incarceration and other meaningful sanctions for acts of
domestic violence including violations of orders of protection;
(17) economic, psychological, social and institutional
reasons for victims' inability to leave the batterer, to report
domestic violence or to follow through on complaints, including
the influence of lack of support from police, judges, and court
personnel, and the legitimate reasons why victims of domestic
violence may refuse to testify against a defendant;
(18) the need for orders of protection, and the
implications of mutual orders of protection, dual arrest
policies, and mediation in domestic violence cases;
(19) recognition of and response to gender-motivated crimes
of violence other than rape, sexual assault and domestic
violence, such as mass or serial murder motivated by the gender
of the victims; and
(20) current information on the impact of pornography on
crimes against women, or data on other activities that tend to
degrade women.
SEC. 3613. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER
THIS TITLE.
The State Justice Institute shall ensure that model programs
carried out pursuant to grants made under this subtitle are developed
with the participation of law enforcement officials, public and private
nonprofit victim advocates, legal experts, prosecutors, defense
attorneys, and recognized experts on gender bias in the courts.
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$600,000 for fiscal year 1994. Of amounts appropriated under this
section, the State Justice Institute shall expend no less than 40
percent on model programs regarding domestic violence and no less than
40 percent on model programs regarding rape and sexual assault.
Subtitle B--Education and Training for Judges and Court Personnel in
Federal Courts
SEC. 3621. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
GRANTS.
(a) Study.--In order to gain a better understanding of the nature
and the extent of gender bias in the Federal courts, the circuit
judicial councils are encouraged to conduct studies of the instances,
if any, of gender bias in their respective circuits. The studies may
include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys,
jurors, and judges in the courts, including before magistrate
and bankruptcy judges;
(2) the interpretation and application of the law, both
civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incarceration,
and the nature of supervision of probation and parole;
(7) appointments to committees of the Judicial Conference
and the courts;
(8) case management and court sponsored alternative dispute
resolution programs;
(9) the selection, retention, promotion, and treatment of
employees;
(10) appointment of arbitrators, experts, and special
masters; and
(11) the aspects of the topics listed in section 3612 that
pertain to issues within the jurisdiction of the Federal
courts.
(b) Clearinghouse.--The Judicial Conference of the United States
shall designate an entity within the Judicial branch to act as a
clearinghouse to disseminate any reports and materials issued by the
gender bias task forces under subsection (a) and to respond to requests
for such reports and materials. The gender bias task forces shall
provide this entity with their reports and related material.
(c) Model Programs.--The Federal Judicial Center, in carrying out
section 620(b)(3) of title 28, United States Code, may--
(1) include in the educational programs it presents and
prepares, including the training programs for newly appointed
judges, information on issues related to gender bias in the
courts including such areas as are listed in subsection (a)
along with such other topics as the Federal Judicial Center
deems appropriate;
(2) prepare materials necessary to implement this
subsection; and
(3) take into consideration the findings and
recommendations of the studies conducted pursuant to subsection
(a), and to consult with individuals and groups with relevant
expertise in gender bias issues as it prepares or revises such
materials.
SEC. 3622. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated--
(1) $400,000 to the Salaries and Expenses Account of the
Courts of Appeals, District Courts, and other Judicial
Services, to carry out section 3621(a), to be available until
expended through fiscal year 1995;
(2) $100,000 to the Federal Judicial Center to carry out
section 3621(c) and any activities designated by the Judicial
Conference under section 3621(b); and
(3) such sums as are necessary to the Administrative Office
of the United States Courts to carry out any activities
designated by the Judicial Conference under section 3621(b).
(b) The Judicial Conference of the United States.--(1) The Judicial
Conference of the United States Courts shall allocate funds to Federal
circuit courts under this subtitle that--
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a result of such
studies in their own or other circuits, including education and
training.
(2) Funds shall be allocated to Federal circuits under this
subtitle on a first come first serve basis in an amount not to exceed
$50,000 on the first application. If within 6 months after the date on
which funds authorized under this Act become available, funds are still
available, circuits that have received funds may reapply for additional
funds, with not more than $200,000 going to any one circuit.
TITLE XXXVII--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
SEC. 3701. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding after subparagraph (B) the following new
subparagraph:
``(C) any felony under chapter 109A or chapter 110.''.
SEC. 3702. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW
THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``; and'' at the end of subparagraph (C)
and inserting ``; or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the age
of 16 years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person;''.
SEC. 3703. PAYMENT OF COST OF HIV TESTING.
(a) For Victims in Sex Offense Cases.--Section 503(c)(7) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is
amended by adding at the end the following: ``The Attorney General
shall authorize the Director of the Office of Victims of Crime to
provide for the payment of the cost of up to two tests of the victim
for the human immunodeficiency virus during the 12 months following a
serious assault, and the cost of a counseling session by a medically
trained professional on the accuracy of such tests and the risk of
transmission of the human immunodeficiency virus to the victim as the
result of the assault.''.
(b) Testing of Certain Individuals Charged With Certain Sexual
Offenses for the Presence of the Etiologic Agent for AIDS.--Victims of
any offense of the type described in Chapter 109A of title 18, United
States Code, shall after appropriate counseling, on request, be
provided with--
(1) anonymous and confidential testing for the presence of
the etiologic agent for acquired immune deficiency syndrome,
and counseling concerning such, at no cost by appropriately
trained staff operating through appropriate service providers,
including rape crisis centers, community health centers, public
health clinics, physicians, or other appropriate service
providers; follow-up tests and counseling will be available at
no cost on dates that occur three, six and twelve months
following the initial test; and
(2) necessary and appropriate medical care.
(c) Limited Testing of Defendants.--
(1) Court Order.--The victim of an offense of the type
referred to in subsection (a) may obtain an order in the
district court of the United States for the district in which
charges are brought against the defendant charged with the
offense, after notice to the defendant and an opportunity to be
heard, requiring that the defendant be tested for the presence
of the etiologic agent for acquired immune deficiency syndrome,
and that the results of the test be communicated to the victim
and the defendant. Any test result of the defendant given to
the victim or the defendant must be accompanied by appropriate
counseling.
(2) Showing Required.--To obtain an order under paragraph
(1), the victim must demonstrate that--
(A) the defendant has been charged with the offense
in a State of Federal court, and if the defendant has
been arrested without a warrant, a probable cause
determination has been made;
(B) the test for the etiologic agent for acquired
immune deficiency syndrome is requested by the victim
after appropriate counseling; and
(C) the test would provide information necessary
for the health of the victim of the alleged offense and
the court determines that the alleged conduct of the
defendant created a risk of transmission, as determined
by the Centers for Disease Control, of the etiologic
agent for acquired immune deficiency syndrome to the
victim.
(3) Follow-up Testing.--The court may order follow-up tests
and counseling under paragraph (b)(1) if the initial test was
negative. Such follow-up tests and counseling shall be
performed at the request of the victim on dates that occur six
months and twelve months following the initial test.
(4) Termination of Testing Requirements.--An order for
follow-up testing under paragraph (3) shall be terminated if
the person obtains an acquittal on, or dismissal of, all
charges of the type referred to in subsection (a).
(d) Confidentiality of Test.--The results of any test ordered under
this section shall be disclosed only to the victim or, where the court
deems appropriate, to the parent or legal guardian of the victim, and
to the person tested. The victim may disclose the test results only to
any personal physician or sexual partner(s) she may have had since the
attack.
(e) Disclosure of Test Results.--The court shall issue an order to
prohibit the disclosure of the results of any test performed under this
section to anyone other than those mentioned in subsection (c). The
contents of the court proceedings and test results pursuant to this
section shall be sealed. The results of such test performed on the
defendant under this section shall not be used as evidence in any
criminal trial.
(f) Contempt for Disclosure.--Any person who discloses the results
of a test in violation of this section may be held in contempt of
court.
(g) Penalties for Intentional Transmission of HIV.--Not later than
6 months after the date of enactment of this section, the United States
Sentencing Commission shall conduct a study and prepare and submit to
the appropriate committees of congress a report concerning
recommendations for the revision of sentencing guidelines that relate
to offenses in which an HIV infected individual engages in sexual
activity if the individual knows that he or she is infected with HIV
and intends, through such sexual activity, to expose another to HIV.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section.
SEC. 3704. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (2) by inserting ``including an offense
under chapter 109A or chapter 110'' after ``an offense
resulting in bodily injury to a victim'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
related to participation in the investigation or prosecution of
the offense or attendance at proceedings related to the
offense; and''.
SEC. 3705. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF
FEDERAL BENEFITS.
Section 3663 of title 18, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection:
``(g)(1) If the defendant is delinquent in making restitution in
accordance with any schedule of payments or any requirement of
immediate payment imposed under this section, the court may, after a
hearing, suspend the defendant's eligibility for all Federal benefits
until such time as the defendant demonstrates to the court good-faith
efforts to return to such schedule.
``(2) In this subsection--
``(A) `Federal benefits'--
``(i) means any grant, contract, loan, professional
license, or commercial license provided by an agency of
the United States or appropriated funds of the United
States; and
``(ii) does not include any retirement, welfare,
Social Security, health, disability, veterans benefit,
public housing, or other similar benefit, or any other
benefit for which payments or services are required for
eligibility.
``(B) `veterans benefit' means all benefits provided to
veterans, their families, or survivors by virtue of the service
of a veteran in the Armed Forces of the United States.''.
SEC. 3706. INADMISSIBILITY OF EVIDENCE TO SHOW PROVOCATION OR
INVITATION BY VICTIM IN SEX OFFENSE CASES.
(a) Rule.--The Federal Rules of Evidence, as amended by section
3254, are amended by adding after rule 413 the following new rule:
``Rule 414. Inadmissibility of Evidence to Show Invitation or
Provocation by Victim in Sexual Abuse Cases
``In a criminal case in which a person is accused of an offense
involving conduct proscribed by chapter 109A of title 18, United States
Code, evidence is not admissible to show that the alleged victim
invited or provoked the commission of the offense. This rule does not
limit the admission of evidence of consent by the alleged victim if the
issue of consent is relevant to liability and the evidence is otherwise
admissible under these rules.''.
(b) Technical Amendment.--The table of contents for the Federal
Rules of Evidence, as amended by section 4, is amended by inserting
after the item relating to rule 413 the following new item:
``414. Inadmissibility of evidence to show invitation or provocation by
victim in sexual abuse cases.''.
SEC. 3707. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.
(a) Study.--The Attorney General shall provide for a national
baseline study to examine the scope of the problem of campus sexual
assaults and the effectiveness of institutional and legal policies in
addressing such crimes and protecting victims. The Attorney General may
utilize the Bureau of Justice Statistics, the National Institute of
Justice, and the Office for Victims of Crime in carrying out this
section.
(b) Report.--Based on the study required by subsection (a), the
Attorney General shall prepare a report including an analysis of--
(1) the number of reported allegations and estimated number
of unreported allegations of campus sexual assaults, and to
whom the allegations are reported (including authorities of the
educational institution, sexual assault victim service
entities, and local criminal authorities);
(2) the number of campus sexual assault allegations
reported to authorities of educational institutions which are
reported to criminal authorities;
(3) the number of campus sexual assault allegations that
result in criminal prosecution in comparison with the number of
non-campus sexual assault allegations that result in criminal
prosecution;
(4) Federal and State laws or regulations pertaining
specifically to campus sexual assaults;
(5) the adequacy of policies and practices of educational
institutions in addressing campus sexual assaults and
protecting victims, including consideration of--
(A) the security measures in effect at educational
institutions, such as utilization of campus police and
security guards, control over access to grounds and
buildings, supervision of student activities and
student living arrangements, control over the
consumption of alcohol by students, lighting, and the
availability of escort services;
(B) the articulation and communication to students
of the institution's policies concerning sexual
assaults;
(C) policies and practices that may prevent or
discourage the reporting of campus sexual assaults to
local criminal authorities, or that may otherwise
obstruct justice or interfere with the prosecution of
perpetrators of campus sexual assaults;
(D) the nature and availability of victim services
for victims of campus sexual assaults;
(E) the ability of educational institutions'
disciplinary processes to address allegations of sexual
assault adequately and fairly;
(F) measures that are taken to ensure that victims
are free of unwanted contact with alleged assailants,
and disciplinary sanctions that are imposed when a
sexual assault is determined to have occurred; and
(G) the grounds on which educational institutions
are subject to lawsuits based on campus sexual
assaults, the resolution of these cases, and measures
that can be taken to avoid the likelihood of lawsuits
and civil liability;
(6) an assessment of the policies and practices of
educational institutions that are of greatest effectiveness in
addressing campus sexual assaults and protecting victims,
including policies and practices relating to the particular
issues described in paragraph (5); and
(7) any recommendations the Attorney General may have for
reforms to address campus sexual assaults and protect victims
more effectively, and any other matters that the Attorney
General deems relevant to the subject of the study and report
required by this section.
(c) Submission of Report.--The report required by subsection (b)
shall be submitted to the Congress no later than September 1, 1995.
(d) Definition.--For purposes of this section, ``campus sexual
assaults'' includes sexual assaults occurring at institutions of
postsecondary education and sexual assaults committed against or by
students or employees of such institutions.
(e) Authorization of Appropriation.--There is authorized to be
appropriated $200,000 to carry out the study required by this section.
SEC. 3708. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--The Attorney General shall prepare and transmit to the
Congress a report on the status of battered women's syndrome as a
medical and psychological condition and on its effect in criminal
trials. The Attorney General may utilize the National Institute of
Justice to obtain information required for the preparation of the
report.
(b) Components of Report.--The report described in subsection (a)
shall include--
(1) a review of medical and psychological views concerning
the existence, nature, and effects of battered women's syndrome
as a psychological condition;
(2) a compilation of judicial decisions that have admitted
or excluded evidence of battered women's syndrome as evidence
of guilt or as a defense in criminal trials; and
(3) information on the views of judges, prosecutors, and
defense attorneys concerning the effects that evidence of
battered women's syndrome may have in criminal trials.
SEC. 3709. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) Report.--The Attorney General shall conduct a study of the
means by which abusive spouses may obtain information concerning the
addresses or locations of estranged or former spouses, notwithstanding
the desire of the victims to have such information withheld to avoid
further exposure to abuse. Based on the study, the Attorney General
shall transmit a report to Congress including--
(1) the findings of the study concerning the means by which
information concerning the addresses or locations of abused
spouses may be obtained by abusers; and
(2) analysis of the feasibility of creating effective means
of protecting the confidentiality of information concerning the
addresses and locations of abused spouses to protect such
persons from exposure to further abuse while preserving access
to such information for legitimate purposes.
(b) Use of Components.--The Attorney General may use the National
Institute of Justice and the Office for Victims of Crime in carrying
out this section.
SEC. 3710. REPORT ON RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study of, and shall submit to
Congress a report and recommendations on, problems of recordkeeping of
criminal complaints involving domestic violence. The study and report
shall examine--
(1) the efforts that have been made by the Department of
Justice, including the Federal Bureau of Investigation, to
collect statistics on domestic violence; and
(2) the feasibility of requiring that the relationship
between an offender and victim be reported in Federal records
of crimes of aggravated assault, rape, and other violent
crimes.
SEC. 3711. REPORT ON FAIR TREATMENT IN LEGAL PROCEEDINGS.
Not later than 180 days after the date of enactment of this Act,
the Judicial Conference of the United States shall review and make
recommendations, and report to Congress, regarding the advisability of
creating Federal rules of professional conduct for lawyers in Federal
cases involving sexual misconduct that--
(1) protect litigants from a course of conduct intended
solely for the purpose of distressing, harassing, embarrassing,
burdening, or inconveniencing litigants;
(2) counsel against reliance on generalizations or
stereotypes that demean, disgrace, or humiliate on the basis of
gender;
(3) protect litigants from a course of conduct intended
solely to increase the expense of litigation; and
(4) prohibit counsel from offering evidence that the lawyer
knows to be false or from discrediting evidence the lawyer
knows to be true.
SEC. 3712. REPORT ON FEDERAL RULE OF EVIDENCE 404.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Judicial Conference shall complete a study of, and shall
submit to Congress recommendations for amending, rule 404 of the
Federal Rules of Evidence as it affects the admission of evidence of a
defendant's prior sex crimes in cases brought pursuant to chapter 109A
or other cases involving sexual misconduct.
(b) Specific Issues.--The study described in subsection (a) shall
include--
(1) a survey of existing law on the introduction of prior
similar sex crimes under State and Federal evidentiary rules;
(2) a recommendation concerning whether rule 404 should be
amended to introduce evidence of prior sex crimes and, if so--
(A) whether such acts could be used to prove the
defendant's propensity to act therewith; and
(B) whether evidence of prior similar sex crimes
should be admitted for purposes other than to show
character;
(3) a recommendation concerning whether evidence of similar
acts, if admitted, should meet a threshold of similarity to the
crime charged;
(4) a recommendation concerning whether evidence of similar
acts, if admitted, should be limited to a certain time period,
(such as 10 years); and
(5) the effect, if any, of the adoption of any proposed
changes on the admissibility of evidence under rule 412 of the
Federal Rules of Evidence.
SEC. 3713. SUPPLEMENTARY GRANTS FOR STATES ADOPTING EFFECTIVE LAWS
RELATING TO SEXUAL VIOLENCE.
(a) In General.--The Attorney General may, in each fiscal year,
award an aggregate amount of up to $1,000,000 to a State that meets the
eligibility requirements of subsection (b).
(b) Eligibility.--The authority to award additional funding under
this section is conditional on certification by the Attorney General
that the State has laws or policies relating to sexual violence that
exceed or are reasonably comparable to the provisions of Federal law
(including changes in Federal law made by this Act) in the following
areas:
(1) Provision of training and policy development programs
for law enforcement officers, prosecutors, and judges
concerning the investigation and prosecution of sexual
offenses.
(2) Authorization of law enforcement and prosecutorial
units and teams that target sexual violence.
(3) Funding of victim services programs for victims of
sexual violence.
(4) Authorization of educational and informational programs
relating to sexual violence.
(5) Authorization of pretrial detention of defendants in
sexual assault cases where provision of flight or the safety of
others cannot be reasonably assured by other means.
(6) Authorization of serious penalties for nonconsensual
sexual assault offenses.
(7) Payment of the cost of medical examinations and testing
by the victim for sexually transmitted diseases.
(8) Provision of rape shield protection to ensure that
victims of sexual assault are protected from inquiry into
unrelated sexual behavior in sexual assault cases.
(9) Provision of rules of professional conduct intended to
protect against a course of conduct intended solely for the
purpose of distressing, harassing, embarrassing, burdening, or
inconveniencing litigants in sexual assault cases.
(10) Authorization of the presence of the victim in the
courtroom at the time of trial and provides for the victim's
addressing the court concerning the sentence to be imposed.
(11) Authorization of awards of restitution to victims of
sexual assaults as part of a criminal sentence.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as are necessary to carry
out this section.
TITLE XXXVIII--ENHANCED PENALTIES FOR ANTI-FRAUD ENFORCEMENT EFFORTS
SEC. 3801. SHORT TITLE.
(a) Short Title.--This title may be cited as the ``National Health
Care Anti-Fraud and Abuse Act of 1993''.
Subtitle A--Amendments to Criminal Law
SEC. 3811. HEALTH CARE FRAUD.
(a) In General.--
(1) Fines and imprisonment for health care fraud
violations.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1347. Health care fraud
``(a) Whoever knowingly executes, or attempts to execute, a scheme
or artifice--
``(1) to defraud any health care plan or other person, in
connection with the delivery of or payment for health care
benefits, items, or services; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property
owned by, or under the custody or control of, any health care
plan, or person in connection with the delivery of or payment
for health care benefits, items, or services;
shall be fined under this title or imprisoned not more than 10 years,
or both. If the violation results in serious bodily injury (as defined
in section 1365(g)(3) of this title), such person shall be imprisoned
for life or any term of years.
``(b) For purposes of this section, the term `health care plan'
means a federally funded public program or private program for the
delivery of or payment for health care items or services.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``1347. Health care fraud.''.
SEC. 3812. FORFEITURES FOR FEDERAL HEALTH CARE OFFENSES.
Section 982(a) of title 18, United States Code, is amended by
inserting after paragraph (5) the following:
``(6)(A) If the court determines that a Federal health care offense
is of a type that poses a serious threat to the health of any person or
has a significant detrimental impact on the health care system, the
court, in imposing sentence on a person convicted of that offense,
shall order that person to forfeit property, real or personal, that--
``(i)(I) is used in the commission of the offense; or
``(II) constitutes or is derived from proceeds traceable to
the commission of the offense; and
``(ii) is of a value proportionate to the seriousness of
the offense.''.
``(B) For purposes of this paragraph, the term `Federal health care
offense' means a violation of, or a criminal conspiracy to violate--
``(i) section 1347 of this title;
``(ii) section 1128B of the Social Security Act;
``(iii) sections 287, 371, 664, 666, 1001, 1027,
1341, 1343, or 1954 of this title if the violation or
conspiracy relates to health care fraud;
``(iv) section 501 or 511 of the Employee
Retirement Income Security Act of 1974, if the
violation or conspiracy relates to health care fraud;
and
``(v) section 301, 303(a)(2), or 303 (b) or (e) of
the Federal Food, Drug and Cosmetic Act, if the
violation or conspiracy relates to health care
fraud.''.
SEC. 3813. INJUNCTIVE RELIEF RELATING TO FEDERAL HEALTH CARE OFFENSES.
Section 1345(a)(1) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``or'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) committing or about to commit a Federal
health care offense (as defined in section 982(a)(6)(B)
of this title);''.
SEC. 3814. RACKETEERING ACTIVITY RELATING TO FEDERAL HEALTH CARE
OFFENSES.
Section 1961 of title 18, United States Code, is amended by
inserting ``section 982(a)(6) (relating to Federal health care
offenses),'' after ``sections 891-894 (relating to extortionate credit
transactions),''.
Subtitle E--Amendments to Civil False Claims Act
SEC. 3821. AMENDMENTS TO CIVIL FALSE CLAIMS ACT.
Section 3729 of title 31, United States Code, is amended--
(1) in subsection (a)(7), by inserting ``or to a health
care plan,'' after ``property to the Government,'';
(2) in the matter following subsection (a)(7), by inserting
``or health care plan'' before ``sustains because of the act of
that person,'';
(3) at the end of the first sentence of subsection (a), by
inserting ``or health care plan'' before ``sustains because of
the act of the person.'';
(4) in subsection (c)--
(A) by inserting ``the term'' after ``section,'';
and
(B) by adding at the end the following: ``The term
also includes any request or demand, whether under
contract or otherwise, for money or property which is
made or presented to a health care plan.''; and
(5) by adding at the end the following:
``(f) Health Care Plan Defined.--For purposes of this section, the
term `health care plan' means a federally funded public program for the
delivery of or payment for health care items or services.''.
TITLE XXXIX--SENIOR CITIZENS AGAINST MARKETING SCAMS
SEC 3901. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Against Marketing
Scams Act of 1993''.
SEC. 3902. FINDINGS AND DECLARATION.
The Congress makes the following findings and declaration:
(1) Unprecedented Federal law enforcement investigations
have uncovered a national network of illicit telemarketing
operations.
(2) Most of the telemarketing industry is legitimate,
employing over 3,000,000 people through direct and indirect
means.
(3) Illicit telemarketers, however, are an increasing
problem which victimizes our Nation's senior citizens in
disproportionate numbers.
(4) Interstate telemarketing fraud has become a problem of
such magnitude that the resources of the Department of Justice
are not sufficient to ensure that there is adequate
investigation of, and protection from, such fraud.
(5) Telemarketing differs from other sales activities in
that it can be carried out by sellers across State lines
without direct contact. Telemarketers can also be very mobile,
easily moving from State to State.
(6) It is estimated that victims lose billions of dollars a
year as a result of telemarketing fraud.
(7) Consequently, Congress should enact legislation that
will--
(A) enhance Federal law enforcement resources;
(B) ensure adequate punishment for telemarketing
fraud; and
(C) educate the public.
SEC. 3903. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
(a) Offense.--Part I of title 18, United States Code, is amended--
(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new
chapter:
``CHAPTER 113A--TELEMARKETING FRAUD
``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Restitution.
``Sec. 2325. Definition
``In this chapter, `telemarketing'--
``(1) means a plan, program, promotion, or campaign that is
conducted to induce--
``(A) purchases of goods or services; or
``(B) participation in a contest or sweepstakes,
by use of 1 or more interstate telephone calls initiated either
by a person who is conducting the plan, program, promotion, or
campaign or by a prospective purchaser or contest or
sweepstakes participant; but
``(2) does not include the solicitation of sales through
the mailing of a catalog that--
``(A) contains a written description or
illustration of the goods or services offered for sale;
``(B) includes the business address of the seller;
``(C) includes multiple pages of written material
or illustration; and
``(D) has been issued not less frequently than once
a year,
if the person making the solicitation does not solicit
customers by telephone but only receives calls initiated by
customers in response to the catalog and during those calls
take orders without further solicitation.
``Sec. 2326. Enhanced penalties
``An offender that is convicted of an offense under 1028, 1029,
1341, 1342, 1343, or 1344 in connection with the conduct of
telemarketing--
``(1) may be imprisoned for a term of 5 years in addition
to any term of imprisonment imposed under any of those
sections, respectively; and
``(2) in the case of an offense under any of those sections
that--
``(A) victimized ten or more persons over the age
of 55; or
``(B) targeted persons over the age of 55,
may be imprisoned for a term of 10 years in addition to any
term of imprisonment imposed under any of those sections,
respectively.
``Sec. 2327. Restitution
``In sentencing an offender under section 2326, the court shall
order the offender to pay restitution to any victims and may order the
offender to pay restitution to others who sustained losses as a result
of the offender's fraudulent activity.''.
(b) Technical Amendments.--
(1) Part analysis.--The part analysis for part I of title
18, United States Code, is amended by striking the item
relating to chapter 113A and inserting the following:
``113A. Telemarketing fraud................................. 2325
``113B. Terrorism........................................... 2331''.
(2) Chapter 113b.--The chapter heading for chapter 113B of
title 18, United States Code, as redesignated by subsection
(a)(1), is amended to read as follows:
``CHAPTER 113B--TERRORISM''.
SEC. 3904. FORFEITURE OF FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The Court, in sentencing an offender under section
2326, shall order that the offender forfeit to the United
States any real or personal property constituting or derived
from proceeds that the offender obtained directly or indirectly
as a result of the offense.''.
SEC. 3905. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
(a) Review.--The United States Sentencing Commission shall review
and, if necessary, amend the sentencing guidelines to ensure that
victim related adjustments for fraud offenses against older victims
over the age of 55 are adequate.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Sentencing Commission shall report to Congress the result
of its review under subsection (a).
SEC. 3906. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND
CONVICTION.
Section 3059 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) In special circumstances and in the Attorney General's
sole discretion, the Attorney General may make a payment of up to
$10,000 to a person who furnishes information unknown to the Government
relating to a possible prosecution under section 2325 which results in
a conviction.
``(2) A person is not eligible for a payment under paragraph (1)
if--
``(A) the person is a current or former officer or employee
of a Federal, State, or local government agency or
instrumentality who furnishes information discovered or
gathered in the course of government employment;
``(B) the person knowingly participated in the offense;
``(C) the information furnished by the person consists of
an allegation or transaction that has been disclosed to the
public--
``(i) in a criminal, civil, or administrative
proceeding;
``(ii) in a congressional, administrative, or
General Accounting Office report, hearing, audit, or
investigation; or
``(iii) by the news media, unless the person is the
original source of the information; or
``(D) when, in the judgment of the Attorney General, it
appears that a person whose illegal activities are being
prosecuted or investigated could benefit from the award.
``(3) For the purposes of paragraph (2)(C)(iii), the term `original
source' means a person who has direct and independent knowledge of the
information that is furnished and has voluntarily provided the
information to the Government prior to disclosure by the news media.
``(4) Neither the failure of the Attorney General to authorize a
payment under paragraph (1) nor the amount authorized shall be subject
to judicial review.''.
SEC. 3907. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1994 for
the purposes of carrying out this Act and the amendments made by this
Act--
(1) $10,000,000 for the Federal Bureau of Investigation to
hire, equip, and train no fewer than 100 special agents and
support staff to investigate telemarketing fraud cases;
(2) $3,500,000 to hire, equip, and train no fewer than 30
Department of Justice attorneys, assistant United States
Attorneys, and support staff to prosecute telemarketing fraud
cases; and
(3) $10,000,000 for the Department of Justice to conduct,
in cooperation with State and local law enforcement agencies
and senior citizen advocacy organizations, public awareness and
prevention initiatives for senior citizens, such as seminars
and training.
SEC. 3908. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
Section 1341 of title 18, United States Code, is amended--
(1) by inserting ``or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,'' after ``Postal
Service,''; and
(2) by inserting ``or such carrier'' after ``causes to be
delivered by mail''.
SEC. 3909. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS
DEVICES.
Section 1029 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (3);
and
(B) by inserting after paragraph (4) the following
new paragraphs:
``(5) knowingly and with intent to defraud effects
transactions, with 1 or more access devices issued to another
person or persons, to receive payment or any other thing of
value during any 1-year period the aggregate value of which is
equal to or greater than $1,000;
``(6) without the authorization of the issuer of the access
device, knowingly and with intent to defraud solicits a person
for the purpose of--
``(A) offering an access device; or
``(B) selling information regarding or an
application to obtain an access device; or
``(7) without the authorization of the credit card system
member or its agent, knowingly and with intent to defraud
causes or arranges for another person to present to the member
or its agent, for payment, 1 or more evidences or records of
transactions made by an access device;'';
(2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)''
and inserting ``(a) (2), (3), (5), (6), or (7)''; and
(3) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) the term `credit card system member' means a
financial institution or other entity that is a member of a
credit card system, including an entity, whether affiliated
with or identical to the credit card issuer, that is the sole
member of a credit card system.''.
SEC. 3910. INFORMATION NETWORK.
(a) Hotline.--The Attorney General shall establish a national toll-
free hotline for the purpose of--
(1) providing general information on telemarketing fraud to
interested persons; and
(2) gathering information related to possible violations of
this Act.
(b) Action on Information Gathered.--The Attorney General shall
work in cooperation with the Federal Trade Commission to ensure that
information gathered through the hotline shall be acted on in an
appropriate manner.
TITLE XL--CHILD SAFETY
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Child Safety Act''.
SEC. 4002. FINDINGS.
Congress finds the following:
(1) The problem of family violence does not necessarily
cease when the victimized family is legally separated,
divorced, or otherwise not sharing a household. During
separation and divorce, family violence often escalates, and
child custody and visitation become the new forum for the
continuation of abuse.
(2) Some perpetrators use the children as pawns to control
the abused party after the couple is separated.
(3) Every year an estimated 1,000 to 5,000 children are
killed by their parents in the United States.
(4) In 1988, the Department of Justice reported that
354,100 children were abducted by family members who violated
custody agreements or decrees. Most victims were children from
ages 2 to 11 years.
(5) Approximately 160,000 children are seriously injured or
impaired by abuse or neglect each year.
(6) Studies by the American Humane Association indicate
that reports of child abuse and neglect have increased by over
200 percent from 1976 to 1986.
(7) Approximately 90 percent of children in homes in which
their mothers are abused witness the abuse.
(8) Data indicates that women and children are at elevated
risk for violence during the process of and after separation.
(9) Fifty to 70 percent of men who abuse their spouses or
partners also abuse their children.
(10) Up to 75 percent of all domestic assaults reported to
law enforcement agencies were inflicted after the separation of
the couples.
(11) In one study of spousal homicide, over half of the
male defendants were separated from their victims.
(12) Seventy-three percent of battered women seeking
emergency medical services do so after separation.
SEC. 4003. PURPOSE.
The purpose of this Act is to authorize funding to enable
supervised visitation centers to provide the following:
(1) Supervised visitation in cases where there is
documented sexual, physical or emotional abuse as determined by
the appropriate court.
(2) Supervised visitation in cases where there is suspected
or elevated risk of sexual, physical or emotional abuse, or
where there have been threats of parental abduction of the
child.
(3) Supervised visitation for children who have been placed
in foster homes as a result of abuse.
(4) An evaluation of visitation between parents and
children for child protection social services to assist such
service providers in making determinations of whether the
children should be returned to a previously abusive home.
(5) A safe location for custodial parents to temporarily
transfer custody of their children with non-custodial parents,
or to provide a protected visitation environment, where there
has been a history of domestic violence or an order for
protection is involved.
(6) An additional safeguard against the child witnessing
abuse or a safeguard against the injury or death of a child or
parent.
(7) An environment for families to have healthy interaction
activities, quality time, non-violent memory building
experiences during visitation to help build the parent/child
relationship.
(8) Parent and child education and support groups to help
parents heal and learn new skills, and to help children heal
from past abuse.
SEC. 4004. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION CENTERS.
(a) In General.--The Secretary of Health and Human Services
(hereafter referred to in this Act as the ``Secretary'') is authorized
to award grants to and enter into contracts and cooperative agreements
with public or nonprofit private entities to assist such entities in
the establishment and operation of supervised visitation centers.
(b) Considerations.--In awarding grants, contracts and agreements
under subsection (a), the Secretary shall take into account--
(1) the number of families to be served by the proposed
visitation center to be established under the grant, contract
or agreement;
(2) the extent to which supervised visitation centers are
needed locally;
(3) the relative need of the applicant; and
(4) the capacity of the applicant to make rapid and
effective use of assistance provided under the grant, contract
or agreement.
(c) Use of Funds.--
(1) In general.--Amounts provided under a grant, contract
or cooperative agreement awarded under this section shall be
used to establish supervised visitation centers and for the
purposes described in section 4003. In using such amounts,
grantees shall target the economically disadvantaged and those
individuals who could not otherwise afford such visitation
services. Other individuals may be permitted to utilize the
services provided by the center on a fee basis.
(2) Costs.--To the extent practicable, the Secretary shall
ensure that, with respect to recipients of grants, contracts or
agreements under this section, the perpetrators of the family
violence, abuse or neglect will be responsible for any and all
costs associated with the supervised visitation undertaken at
the center.
SEC. 4005. DEMONSTRATION GRANT APPLICATION.
(a) In General.--A grant, contract or cooperative agreement may not
be made or entered into under this Act unless an application for such
grant, contract or cooperative agreement has been submitted to and
approved by the Secretary.
(b) Approval.--Grants, contracts and cooperative agreements under
this Act shall be awarded in accordance with such regulations as the
Secretary may promulgate. At a minimum, to be approved by the Secretary
under this section an application shall--
(1) demonstrate that the applicant has recognized expertise
in the area of family violence and a record of high quality
service to victims of family violence; and
(2) be submitted from an entity located in a State where
State law requires the courts to consider evidence of violence
in custody decisions.
SEC. 4006. EVALUATION OF DEMONSTRATION PROJECTS.
(a) In General.--Not later than 30 days after the end of each
fiscal year, a recipient of a grant, contract or cooperative agreement
under this Act shall prepare and submit to the Secretary a report that
contains information concerning--
(1) the number of families served per year;
(2) the number of families served per year categorized by--
(A) families who require that supervised visitation
because of child abuse only;
(B) families who require supervised visitation
because of a combination of child abuse and domestic
violence; and
(C) families who require supervised visitation
because of domestic violence only;
(3) the number of visits per family in the report year
categorized by--
(A) supervised visitation required by the courts;
(B) supervised visitation based on suspected or
elevated risk of sexual, physical, or emotional abuse,
or threats of parental abduction of the child that is
not court mandated;
(C) supervised visitation that is part of a foster
care arrangement; and
(D) supervised visitation because of an order of
protection;
(4) the number of supervised visitation arrangements
terminated because of violations of visitation terms, including
violence;
(5) the number of protective temporary transfers of custody
during the report year;
(6) the number of parental abduction cases in a judicial
district using supervised visitation services, both as
identified in criminal prosecution and custody violations;
(7) the number of safety and security problems that occur
during the report year;
(8) the number of families who are turned away because the
center cannot accommodate the demand for services;
(9) the process by which children or abused partners will
be protected during visitations, temporary custody transfers
and other activities for which the supervised visitation
centers are created; and
(10) any other information determined appropriate in
regulations promulgated by the Secretary.
(b) Evaluation.--In addition to submitting the reports required
under subsection (a), an entity receiving a grant, contract or
cooperative agreement under this Act shall have a collateral agreement
with the court, the child protection social services division of the
State, and local domestic violence agencies or State and local domestic
violence coalitions to evaluate the supervised visitation center
operated under the grant, contract or agreement. The entities
conducting such evaluations shall submit a narrative evaluation of the
center to both the center and the grantee.
(c) Demonstration of Need.--The recipient of a grant, contract or
cooperative agreement under this Act shall demonstrate, during the
first 3 years of the project operated under the grant, contract or
agreement, the need for continued funding.
SEC. 4007. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION
ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED
CHILDREN.
(a) Authorization.--The Secretary is authorized to award special
grants to public or nonprofit private entities to assist such entities
in collecting clinical data for supervised visitation centers
established under this Act to determine--
(1) the extent to which supervised visitation should be
allowed between children who are sexually abused or severely
physically abused by a parent, where the visitation is not
predicated on the abusive parent having successively completed
a specialized course of therapy for such abusers;
(2) the effect of supervised visitation on child victims of
sexual abuse or severe physical abuse when the abusive parent
exercising visitation has not completed specialized therapy and
does not use the visitation to alleviate the child victim's
guilt, fear, or confusion;
(3) the relationship between the type of abuse or neglect
experienced by the child and the use of supervised visitation
centers by the maltreating parent; and
(4) in cases of spouse or partner abuse only, the extent to
which supervised visitation should be predicated on
participation by the abusive spouse in a specialized treatment
program.
(b) Application.--To be eligible to receive a grant under this
section an entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including documentary
evidence to demonstrate that the entity possesses a high level of
clinical expertise and experience in child abuse treatment and
prevention as they relate to visitation. The level of clinical
expertise and experience required will be determined by the Secretary.
(c) Report.--Not later than 1 year after the date on which a grant
is received under this section, and each year thereafter for the
duration of the grant, the grantee shall prepare and submit to the
Secretary a report containing the clinical data collected under such
grant.
SEC. 4008. REPORTING.
Not later than 18 months after the date of enactment of this Act,
and annually thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report containing the information
collected under the reports received under sections 4006 and 4007,
including recommendations made by the Secretary concerning whether or
not the supervised visitation center demonstration and clinical data
programs should be reauthorized.
SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--For the purpose of awarding grants, contracts and
cooperative agreements under this Act, there are authorized to be
appropriated $15,000,000 for fiscal year 1994, $20,000,000 for fiscal
year 1995, and $25,000,000 for fiscal year 1996.
(b) Distribution.--Of the amounts appropriated under subsection (a)
for each fiscal year--
(1) not less than 80 percent shall be used to award grants,
contracts, or cooperative agreements under section 4005; and
(2) not more than 20 percent shall be used to award grants
under section 4007.
(c) Disbursement.--Amounts appropriated under this section shall be
disbursed as categorical grants through the 10 regional offices of the
Department of Health and Human Services.
TITLE XLI--FAMILY UNITY DEMONSTRATION PROJECT
Subtitle A--Family Unity Demonstration Project
SEC. 4101. SHORT TITLE.
This title may be cited as the ``Family Unity Demonstration Project
Act''.
SEC. 4102. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) an increasing number of children are becoming separated
from their primary caretaker parents due to the incarceration
of the parents in prisons and jails;
(2) such separation of children from their primary
caretaker parents can cause harm to children's psychological
well-being and hinder their growth and development;
(3) a significant number of children are born shortly
before or during the incarceration of their mothers and are
then quickly separated from their mothers, preventing the
parent-child bonding that is crucial to developing in children
a sense of security and trust;
(4) maintaining close relationships with their children
provides a powerful incentive for prisoners to participate in
and successfully benefit from rehabilitative programs; and
(5) maintaining strong family ties during imprisonment has
been shown to decrease recidivism, thereby reducing prison
costs.
(b) Purpose.--The purpose of this title is to evaluate the
effectiveness of certain demonstration projects in helping to--
(1) alleviate the harm to children and primary caretaker
parents caused by separation due to the incarceration of the
parents;
(2) reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships; and
(3) explore the cost effectiveness of community
correctional facilities.
SEC. 4103. DEFINITIONS.
In this title--
``child'' means a person who is less than 6 years of age.
``community correctional facility'' means a residential
facility that--
(A) is used only for eligible offenders and their
children under 6 years of age;
(B) is not within the confines of a jail or prison;
(C) has a maximum capacity of 50 prisoners in
addition to their children; and
(D) provides to inmates and their children--
(i) a safe, stable, environment for
children;
(ii) pediatric and adult medical care
consistent with medical standards for
correctional facilities;
(iii) programs to improve the stability of
the parent-child relationship, including
educating parents regarding--
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction
treatment for prisoners; and
(v) programs and support services to help
inmates--
(I) to improve and maintain mental
and physical health, including access
to counseling;
(II) to obtain adequate housing
upon release from State incarceration;
(III) to obtain suitable education,
employment, or training for employment;
and
(IV) to obtain suitable child care.
``Director'' means the Director of the Federal Bureau of
Prisons.
``eligible offender'' means a primary caretaker parent
who--
(A) is sentenced to a term of imprisonment of not
more than 7 years or is awaiting sentencing for a
conviction punishable by such a term of imprisonment;
(B) except in the case of an offender awaiting
sentencing, is incarcerated currently to serve that
sentence;
(C) is not eligible currently for probation or
parole until the expiration of a period exceeding 180
days; and
(D) has not engaged in conduct which--
(i) knowingly resulted in death or serious
bodily injury;
(ii) is a felony for a crime of violence
against the person; or
(iii) constitutes child neglect or mental,
physical, or sexual abuse of a child.
``primary caretaker parent'' means--
(A) a parent who has consistently assumed
responsibility for the housing, health, and safety of a
child prior to incarceration; or
(B) a woman who has given birth to a child after or
while awaiting her sentencing hearing and who expresses
a willingness to assume responsibility for the housing,
health, and safety of that child,
a parent who, in the best interest of a child, has arranged for
the temporary care of the child in the home of a relative or
other responsible adult shall not for that reason be excluded
from the category ``primary caretaker''.
``State'' means 1 of the States or the District of
Columbia.
SEC. 4104. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated to carry
out this title $8,000,000 for each of fiscal years 1995, 1996, 1997,
1998 and 1999.
(b) Availability of Appropriations.--Of the amount appropriated
under subsection (a) for any fiscal year--
(1) 90 percent shall be available to carry out title II;
and
(2) 10 percent shall be available to carry out title III.
Subtitle B--Grants to States
SEC. 4111. AUTHORITY TO MAKE GRANTS.
(a) General Authority.--The Director may make grants, on a
competitive basis, to States to carry out in accordance with this title
family unity demonstration projects that enable eligible offenders to
live in community correctional facilities with their children.
(b) Preferences.--For the purpose of making grants under subsection
(a), the Director shall give preference to a State that includes in the
application required by section 202 assurances that if the State
receives a grant--
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested;
(2) boards made up of community residents, local
businesses, corrections officials, former prisoners, child
development professionals, educators, and maternal and child
health professionals will be established to advise the State
regarding the operation of such project;
(3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to
their respective family homes;
(4) unless the Director determines that a longer timeline
is appropriate in a particular case and notifies the Attorney
General in writing of the length as reason for such extension,
the State will implement the project not later than 180 days
after receiving a grant under subsection (a) and will expend
all of the grant during a 1-year period;
(5) the State demonstrates that it has the capacity to
continue implementing a community correctional facility beyond
the funding period to ensure the continuity of the work;
(6) for the purpose of selecting eligible offenders to
participate in the project, the State will--
(A) give written notice to a prisoner, not later
than 30 days after the State first receives a grant
under subsection (a) or 30 days after the prisoner is
sentenced to a term of imprisonment of not more than 7
years (whichever is later), of the proposed or current
operation of the project;
(B) accept at any time at which the project is in
operation an application by a prisoner to participate
in the project if, at the time of application, the
remainder of the prisoner's sentence exceeds 180 days;
(C) review applications by prisoners in the
sequence in which the State receives such applications;
(D) not more than 50 days after reviewing such
applications approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to
participate in such project, the State authorizes State courts
to sentence an eligible offender directly to a correctional
facility, provided that the court gives assurances that the
offender would have otherwise served a term of imprisonment.
(c) Selection of Grantees.--The Director shall make grants under
subsection (a) on a competitive basis, based on such criteria as the
Director shall issue by rule and taking into account the priorities
described in subsection (b).
(d) Number of Grants.--In any fiscal year for which funds are
available to carry out this title, the Director shall make grants to no
fewer than 4 and no greater than 8 eligible States geographically
dispersed throughout the United States.
SEC. 4112. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 201(a), a State
shall submit to the Director an application at such time, in such form,
and containing such information as the Director reasonably may require
by rule.
SEC. 4113. REPORT.
(a) In General.--A State that receives a grant under this title
shall, not later than 90 days after the 1-year period in which the
grant is required to be expended, submit a report to the Director
regarding the family unity demonstration project for which the grant
was expended.
(b) Contents.--A report under subsection (a) shall--
(1) state the number of prisoners who submitted
applications to participate in the project and the number of
prisoners who were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project,
the number of prisoners who are returned to that jurisdiction
and custody and the reasons for such return;
(3) describe the nature and scope of educational and
training activities provided to prisoners participating in the
project;
(4) state the number, and describe the scope of, contracts
made with public and nonprofit private community-based
organizations to carry out such project; and
(5) evaluate the effectiveness of the project in
accomplishing the purposes described in section 102(b).
Subtitle C--Family Unity Demonstration Project for Federal Prisoners
SEC. 4121. AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--Ten percent of the funds authorized under this
title shall be used for defendants convicted of Federal offenses.
(b) General Contracting Authority.--In implementing this title, the
Bureau of Prisons may enter into contracts with appropriate public or
private agencies to provide housing, sustenance, services, and
supervision of inmates eligible for placement in community correctional
facilities under this title.
(c) Use of State Facilities.--At the discretion of the Attorney
General, Federal participants may be placed in State projects, as
defined in title II. For such participants, the Attorney General shall,
with funds available under section 104(b)(2), reimburse the State for
all project costs related to the Federal participant's placement,
including administrative costs.
SEC. 4122. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 301, the Attorney General shall--
(1) consult with the Secretary of Health and Human Services
regarding the development and operation of the project; and
(2) submit to the Director a report containing the
information described in section 203(b).
TITLE XLII--DOMESTIC VIOLENCE
SEC. 4201. SHORT TITLE.
This title may be cited as the ``Domestic Violence Firearm
Prevention Act''.
SEC. 4202. FINDINGS.
The Congress finds that--
(1) domestic violence is the leading cause of injury to
women in the United States between the ages of 15 and 44;
(2) firearms are used by the abuser in 7 percent of
domestic violence incidents and produces an adverse effect on
interstate commerce; and
(3) individuals with a history of domestic abuse should not
have easy access to firearms.
SEC. 4203. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) Prohibition Against Disposal of Firearms.--Section 922(d) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) has been convicted in any court of an offense
that--
``(i) involves the use, attempted use, or
threatened use of physical force against a person who
is a spouse, former spouse, domestic partner, child, or
former child of the person; or
``(ii) by its nature, involves a substantial risk
that physical force against a person who is a spouse,
former spouse, domestic partner, child, or former child
of the person may be used in the course of committing
the offense; or
``(B) is required, pursuant to an order issued by any court
in a case involving a person described in subparagraph (A), to
refrain from any contact with or to maintain a minimum distance
from that person or to refrain from abuse, harassment, or
stalking of that person.''.
(b) Prohibition Against Receipt of Firearms.--Section 922(g) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by inserting ``or'' at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) has been convicted in any court of an offense
that--
``(i) involves the use, attempted use, or
threatened use of physical force against a person who
is a spouse, former spouse, domestic partner, child, or
former child of the person; or
``(ii) by its nature, involves a substantial risk
that physical force against a person who is a spouse,
former spouse, domestic partner, child, or former child
of the person may be used in the course of committing
the offense; or
``(B) is required, pursuant to an order issued by any court
in a case involving a person described in subparagraph (A), to
refrain from any contact with or to maintain a minimum distance
from that person, or to refrain from abuse, harassment, or
stalking of that person;''.
TITLE XLIII--MISSING AND EXPLOITED CHILDREN
SECTION 4301. SHORT TITLE.
This title may be cited as the ``Morgan P. Hardiman Task Force on
Missing and Exploited Children Act''.
SEC. 4302. FINDINGS.
The Congress finds that--
(1) the victimization of children in our Nation has reached
epidemic proportions; recent Department of Justice figures show
that--
(A) 4,600 children were abducted by non-family
members;
(B) two-thirds of the abductions of children by
non-family members involve sexual assault;
(C) more than 354,000 children were abducted by
family members; and
(D) 451,000 children ran away;
(2) while some local law enforcement officials have been
successful in the investigation and resolution of such crimes,
most local agencies lack the personnel and resources necessary
to give this problem the full attention it requires;
(3) a majority of the Nation's 17,000 police departments
have 10 or fewer officers; and
(4) locating missing children requires a coordinated law
enforcement effort; supplementing local law enforcement
agencies with a team of assigned active Federal agents will
allow Federal agents to pool their resources and expertise in
order to assist local agents in the investigation of the
Nation's most difficult cases involving missing children.
SEC. 4303. PURPOSE.
The purpose of this title is to establish a task force comprised of
law enforcement officers from pertinent Federal agencies to work with
the National Center for Missing and Exploited Children (referred to as
the ``Center'') and coordinate the provision of Federal law enforcement
resources to assist State and local authorities in investigating the
most difficult cases of missing and exploited children.
SEC. 4304. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5771 et seq.) is amended--
(1) by redesignating sections 407 and 408 as sections 408
and 409, respectively; and
(2) by inserting after section 406 the following new
section:
``task force
``Sec. 407. (a) Establishment.--There is established a Missing and
Exploited Children's Task Force (referred to as the ``Task Force'').
``(b) Membership.--
``(1) In general.--The Task Force shall include at least 2
members from each of--
``(A) the Federal Bureau of Investigation;
``(B) the Secret Service;
``(C) the Bureau of Alcohol, Tobacco and Firearms;
``(D) the United States Customs Service;
``(E) the Postal Inspection Service;
``(F) the United States Marshals Service; and
``(G) the Drug Enforcement Administration.
``(2) Chief.--A representative of the Federal Bureau of
Investigation (in addition to the members of the Task Force
selected under paragraph (1)(A)) shall act as chief of the Task
Force.
``(3) Selection.--(A) The Director of the Federal Bureau of
Investigation shall select the chief of the Task Force.
``(B) The heads of the agencies described in paragraph (1)
shall submit to the chief of the Task Force a list of at least
5 prospective Task Force members, and the chief shall select 2,
or such greater number as may be agreeable to an agency head,
as Task Force members.
``(4) Professional qualifications.--The members of the Task
Force shall be law enforcement personnel selected for their
expertise that would enable them to assist in the investigation
of cases of missing and exploited children.
``(5) Status.--A member of the Task Force shall remain an
employee of his or her respective agency for all purposes
(including the purpose of performance review), and his or her
service on the Task Force shall be without interruption or loss
of civil service privilege or status and shall be on a
nonreimbursable basis.
``(6) Period of service.--(A) Subject to subparagraph (B),
1 member from each agency shall initially serve a 1-year term,
and the other member from the same agency shall serve a 1-year
term, and may be selected to a renewal of service for 1
additional year; thereafter, each new member to serve on the
Task Force shall serve for a 2-year period with the member's
term of service beginning and ending in alternate years with
the other member from the same agency; the period of service
for the chief of the Task Force shall be 3 years.
``(B) The chief of the Task Force may at any time request
the head of an agency described in paragraph (1) to submit a
list of 5 prospective Task Force members to replace a member of
the Task Force, for the purpose of maintaining a Task Force
membership that will be able to meet the demands of its
caseload.
``(c) Support.--
``(1) In general.--The Administrator of the General
Services Administration, in coordination with the heads of the
agencies described in subsection (b)(1), shall provide the Task
Force office space and administrative and support services,
such office space to be in close proximity to the office of the
Center, so as to enable the Task Force to coordinate its
activities with that of the Center on a day-to-day basis.
``(2) Legal guidance.--The Attorney General shall assign a
United States Attorney to provide legal guidance, as needed, to
members of the Task Force.
``(d) Purpose.--
``(1) In general.--(A) The purpose of the Task Force shall
be to make available the combined resources and expertise of
the agencies described in paragraph (1) to assist State and
local governments in the most difficult missing and exploited
child cases nationwide, as identified by the chief of the Task
Force from time to time, in consultation with the Center, and
as many additional cases as resources permit, including the
provision of assistance to State and local investigators on
location in the field.
``(B) Technical assistance.--The role of the Task Force in
any investigation shall be to provide advice and technical
assistance and to make available the resources of the agencies
described in subsection (b)(1); the Task Force shall not take a
leadership role in any such investigation.
``(e) Training.--Members of the Task Force shall receive a course
of training, provided by the Center, in matters relating to cases of
missing and exploited children.
``(f) Cross-Designation of Task Force Members.--The Attorney
General shall cross-designate the members of the Task Force with
jurisdiction to enforce Federal law related to child abduction to the
extent necessary to accomplish the purposes of this section.''.
TITLE XLIV--PUBLIC CORRUPTION
SEC. 4401. SHORT TITLE.
This title may be cited as the ``Anti-Corruption Act of 1993''.
SEC. 4402. PUBLIC CORRUPTION.
(a) Offenses.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 226. Public corruption
``(a) State and Local Government.--
``(1) Honest services.--Whoever, in a circumstance
described in paragraph (3), deprives or defrauds, or endeavors
to deprive or to defraud, by any scheme or artifice, the
inhabitants of a State or political subdivision of a State of
the honest services of an official or employee of the State or
political subdivision shall be fined under this title,
imprisoned not more than 10 years, or both.
``(2) Fair and impartial elections.--Whoever, in a
circumstance described in paragraph (3), deprives or defrauds,
or endeavors to deprive or to defraud, by any scheme or
artifice, the inhabitants of a State or political subdivision
of a State of a fair and impartially conducted election process
in any primary, run-off, special, or general election through
one or more of the following means, or otherwise--
``(A) through the procurement, casting, or
tabulation of ballots that are materially false,
fictitious, or fraudulent or that are invalid, under
the laws of the State in which the election is held;
``(B) through paying or offering to pay any person
for voting;
``(C) through the procurement or submission of
voter registrations that contain false material
information, or omit material information; or
``(D) through the filing of any report required to
be filed under State law regarding an election campaign
that contains false material information or omits
material information,
shall be fined under this title, imprisoned not more than 10
years, or both.
``(3) Circumstances in which offense occurs.--The
circumstances referred to in paragraphs (1) and (2) are that--
``(A) for the purpose of executing or concealing a
scheme or artifice described in paragraph (1) or (2) or
attempting to do so, a person--
``(i) places in any post office or
authorized depository for mail matter, any
matter or thing to be sent or delivered by the
Postal Service, or takes or receives therefrom
any such matter or thing, or knowingly causes
to be delivered by mail according to the
direction thereon, or at the place at which it
is directed to be delivered by the person to
whom it is addressed, any such matter or thing;
``(ii) transmits or causes to be
transmitted by means of wire, radio, or
television communication in interstate or
foreign commerce any writings, signs, signals,
pictures, or sounds;
``(iii) transports or causes to be
transported any person or thing, or induces any
person to travel in or to be transported in,
interstate or foreign commerce; or
``(iv) uses or causes the use of any
facility of interstate or foreign commerce;
``(B) the scheme or artifice affects or constitutes
an attempt to affect in any manner or degree, or would
if executed or concealed affect, interstate or foreign
commerce; or
``(C) in the case of an offense described in
paragraph (2), an objective of the scheme or artifice
is to secure the election of an official who, if
elected, would have any authority over the
administration of funds derived from an Act of Congress
totaling $10,000 or more during the 12-month period
immediately preceding or following the election or date
of the offense.
``(b) Federal Government.--Whoever deprives or defrauds, or
endeavors to deprive or to defraud, by any scheme or artifice, the
inhabitants of the United States of the honest services of a public
official or a person who has been selected to be a public official
shall be fined under this title, imprisoned not more than 10 years, or
both.
``(c) Offense by an Official Against an Employee or Official.--
``(1) Criminal offense.--Whoever, being an official, public
official, or person who has been selected to be a public
official, directly or indirectly discharges, demotes, suspends,
threatens, harasses, or in any manner discriminates against an
employee or official of the United States or of a State or
political subdivision of a State, or endeavors to do so, in
order to carry out or to conceal a scheme or artifice described
in subsection (a) or (b), shall be fined under this title,
imprisoned not more than 5 years, or both.
``(2) Civil action.--(A) Any employee or official of the
United States or of a State or political subdivision of a State
who is discharged, demoted, suspended, threatened, harassed, or
in any manner discriminated against because of lawful acts done
by the employee or official as a result of a violation of this
section or because of actions by the employee on behalf of
himself or herself or others in furtherance of a prosecution
under this section (including investigation for, initiation of,
testimony for, or assistance in such a prosecution) may bring a
civil action and obtain all relief necessary to make the
employee or official whole, including--
``(i) reinstatement with the same seniority status
that the employee or official would have had but for
the violation;
``(ii) 3 times the amount of backpay;
``(iii) interest on the backpay; and
``(iv) compensation for any special damages
sustained as a result of the violation, including
reasonable litigation costs and reasonable attorney's
fees.
``(B) An employee or official shall not be afforded relief
under subparagraph (A) if the employee or official participated
in the violation of this section with respect to which relief
is sought.
``(C)(i) A civil action or proceeding authorized by this
paragraph shall be stayed by a court upon certification of an
attorney for the Government that prosecution of the action or
proceeding may adversely affect the interests of the Government
in a pending criminal investigation or proceeding.
``(ii) The attorney for the Government shall promptly
notify the court when a stay may be lifted without such adverse
effects.
``(d) Definitions.--As used in this section--
``(1) the term `official' includes--
``(A) any person employed by, exercising any
authority derived from, or holding any position in the
government of a State or any subdivision of the
executive, legislative, judicial, or other branch of
government thereof, including a department, independent
establishment, commission, administration, authority,
board, and bureau, and a corporation or other legal
entity established and subject to control by a
government or governments for the execution of a
governmental or intergovernmental program;
``(B) any person acting or pretending to act under
color of official authority; and
``(C) any person who has been nominated, appointed,
or selected to be an official or who has been
officially informed that he or she will be so
nominated, appointed, or selected;
``(2) the term `person acting or pretending to act under
color of official authority' includes a person who represents
that he or she controls, is an agent of, or otherwise acts on
behalf of an official, public official, and person who has been
selected to be a public official;
``(3) the terms `public official' and `person who has been
selected to be a public official' have the meanings stated in
section 201 and also include any person acting or pretending to
act under color of official authority;
``(4) the term `State' means a State of the United States,
the District of Columbia, Puerto Rico, and any other
commonwealth, territory, or possession of the United States;
and
``(5) the term `uses any facility of interstate or foreign
commerce' includes the intrastate use of any facility that may
also be used in interstate or foreign commerce.''.
(b) Technical Amendments.--(1) The chapter analysis for chapter 11
of title 18, United States Code, is amended by adding at the end the
following new item:
``226. Public corruption.''.
(2) Section 1961(1) of title 18, United States Code, is amended by
inserting ``section 226 (relating to public corruption),'' after
``section 224 (relating to sports bribery),''.
(3) Section 2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 226 (relating to public corruption),'' after
``section 224 (bribery in sporting contests),''.
SEC. 4403. INTERSTATE COMMERCE.
(a) In General.--Section 1343 of title 18, United States Code, is
amended--
(1) by striking ``transmits or causes to be transmitted by
means of wire, radio, or television communication in interstate
or foreign commerce, any writings, signs, signals, pictures, or
sounds'' and inserting ``uses or causes to be used any facility
of interstate or foreign commerce''; and
(2) by inserting ``or attempting to do so'' after ``for the
purpose of executing such scheme or artifice''.
(b) Technical Amendments.--(1) The heading of section 1343 of title
18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
(2) The chapter analysis for chapter 63 of title 18, United States
Code, is amended by amending the item relating to section 1343 to read
as follows:
``1343. Fraud by use of facility of interstate commerce.''.
SEC. 4404. NARCOTICS-RELATED PUBLIC CORRUPTION.
(a) Offenses.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following new section:
``Sec. 220. Narcotics and public corruption
``(a) Offense by Public Official.--A public official who, in a
circumstance described in subsection (c), directly or indirectly,
corruptly demands, seeks, receives, accepts, or agrees to receive or
accept anything of value personally or for any other person in return
for--
``(1) being influenced in the performance or nonperformance
of any official act; or
``(2) being influenced to commit or to aid in committing,
or to collude in, or to allow or make opportunity for the
commission of any offense against the United States or any
State,
shall be guilty of a class B felony.
``(b) Offense by Person Other Than a Public Official.--A person
who, in a circumstance described in subsection (c), directly or
indirectly, corruptly gives, offers, or promises anything of value to
any public official, or offers or promises any public official to give
anything of value to any other person, with intent--
``(1) to influence any official act;
``(2) to influence the public official to commit or aid in
committing, or to collude in, or to allow or make opportunity
for the commission of any offense against the United States or
any State; or
``(3) to influence the public official to do or to omit to
do any act in violation of the official's lawful duty,
shall be guilty of a class B felony.
``(c) Circumstances in Which Offense Occurs.--The circumstances
referred to in subsections (a) and (b) are that the offense involves,
is part of, or is intended to further or to conceal the illegal
possession, importation, manufacture, transportation, or distribution
of any controlled substance or controlled substance analogue.
``(d) Definitions.--As used in this section--
``(1) the terms `controlled substance' and `controlled
substance analogue' have the meanings stated in section 102 of
the Controlled Substances Act (21 U.S.C. 802);
``(2) the term `official act' means any decision, action,
or conduct regarding any question, matter, proceeding, cause,
suit, investigation, or prosecution which may at any time be
pending, or which may be brought before any public official, in
such official's official capacity, or in such official's place
of trust or profit; and
``(3) the term `public official' means--
``(A) an officer or employee or person acting for
or on behalf of the United States, or any department,
agency, or branch of Government thereof in any official
function, under or by authority of any such department,
agency, or branch of Government;
``(B) a juror;
``(C) an officer or employee or person acting for
or on behalf of the government of any State, territory,
or possession of the United States (including the
District of Columbia), or any political subdivision
thereof, in any official function, under or by the
authority of any such State, territory, possession, or
political subdivision; and
``(D) any person who has been nominated or
appointed to a position described in subparagraph (A),
(B), or (C), or has been officially informed that he or
she will be so nominated or appointed.''.
(b) Technical Amendments.--(1) Section 1961(1) of title 18, United
States Code, is amended by inserting ``section 220 (relating to
narcotics and public corruption),'' after ``Section 201 (relating to
bribery),''.
(2) Section 2516(1)(c) of title 18, United States Code, is amended
by inserting ``section 220 (relating to narcotics and public
corruption),'' after ``section 201 (bribery of public officials and
witnesses),''.
(3) The chapter analysis for chapter 11 of title 18, United States
Code, is amended by inserting after the item for section 219 the
following new item:
``220. Narcotics and public corruption.''.
TITLE XLV--SEMIAUTOMATIC ASSAULT WEAPONS
SEC. 4501. SHORT TITLE.
This title may be cited as the ``Public Safety and Recreational
Firearms Use Protection Act''.
SEC. 4502. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s) It shall be unlawful for a person to manufacture, transfer,
or possess a semiautomatic assault weapon.''.
(b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of
title 18, United States Code, is amended by adding at the end the
following new paragraph:
``(29) The term `semiautomatic assault weapon' means--
``(A) any of the firearms, or types, replicas, or
duplicates in any caliber of the firearms, known as--
``(i) Norinco, Mitchell, and Poly Technologies
Avtomat Kalashnikovs (all models);
``(ii) Action Arms Israeli Military Industries UZI
and Galil;
``(iii) Beretta AR-70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
``(ix) any shotgun which contains its ammunition in
a revolving cylinder, such as (but not limited to) the
Street Sweeper and Striker 12;
``(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
``(iii) a bayonet mount;
``(iv) a flash suppressor or barrel having a
threaded muzzle; and
``(v) a grenade launcher;
``(C) a semiautomatic pistol that has an ability to accept
a detachable magazine and has at least 2 of--
``(i) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
``(ii) a barrel having a threaded muzzle;
``(iii) a shroud that is attached to, or partially
or completely encircles, the barrel and that permits
the shooter to hold the firearm with the non-trigger
hand without being burned;
``(iv) a manufactured weight of 50 ounces or more
when the pistol is unloaded; and
``(v) a semiautomatic version of an automatic
firearm; and
``(D) a semiautomatic shotgun that has at least 2 of--
``(i) a folding or telescoping stock;
``(ii) a pistol grip that protrudes conspicuously
beneath the action of the weapon;
``(iii) a fixed magazine capacity in excess of 5
rounds; and
``(iv) an ability to accept a detachable magazine.
(c) Penalties.--
(1) Violation of section 922(s).--Section 924(a)(1)(B) of
title 18, United States Code, is amended by striking ``or (q)
of section 922'' and inserting ``(q), or (s) of section 922''.
(2) Use or possession during crime of violence or drug
trafficking crime.--Section 924(c)(1) of title 18, United
States Code, is amended in the first sentence by inserting ``,
or semiautomatic assault weapon'' after ``short-barreled
shotgun,''.
(d) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following new sentence: ``The serial number of any
semiautomatic assault weapon manufactured after the date of enactment
of this section shall clearly show the date on which the weapon was
manufactured.''.
SEC. 4503. EXEMPTION FOR FIREARMS LAWFULLY POSSESSED PRIOR TO DATE OF
ENACTMENT.
Section 922(s) of title 18, United States Code, as added by section
4502(a), is amended by adding at the end the following paragraph:
``(2) Paragraph (1) shall not apply to the transfer or possession
of any firearm that was lawfully possessed before the effective date of
this subsection.''.
SEC. 4504. EXEMPTION FOR CERTAIN HUNTING AND SPORTING FIREARMS.
Section 922 of title 18, as amended by section 4503, is amended by
adding at the end the following paragraph:
``(3) Paragraph (1) shall not apply to--
``(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such
firearms were manufactured on October 1, 1993;
``(B) any firearm that--
``(i) is manually operated by bolt, pump, lever, or
slide action;
``(ii) is an unserviceable firearm; or
``(iii) is an antique firearm;
``(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
``(D) any semiautomatic shotgun that cannot hold more than
5 rounds of ammunition in a fixed or detachable magazine.''.
SEC. 4505. EXEMPTIONS FOR GOVERNMENTAL AND EXPERIMENTAL USE.
Section 922(s) of title 18, United States Code, as amended by
section 4504, is amended by adding the following paragraph:
``(4) Paragraph (1) shall not apply to--
``(A) the United States or a department or agency of the
United States or a State or a department, agency, or political
subdivision of a State; or
``(B) the manufacture, transfer, or possession of any
firearm by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by the
Secretary, or for exportation.''.
SEC. 4506. RECORDKEEPING REQUIREMENTS AND RELATED RESTRICTIONS.
(a) Offense.--Section 922 of title 18, United States Code, as
amended by section 4505, is amended by adding at the end the following
new subsection:
``(t)(1) It shall be unlawful for a person to sell, ship, or
deliver an assault weapon to a person who does not fill out a form 4473
in connection with the purchase of the assault weapon.
``(2) It shall be unlawful for a person to purchase, possess, or
accept delivery of an assault weapon unless the person has filled out a
form 4473 in connection with the purchase of the assault weapon.
``(3) If a person purchases an assault weapon from anyone other
than a licensed dealer, both the purchaser and the seller shall
maintain a record of the sale on the seller's original copy of form
4473.
``(4) An owner of an assault weapon on the effective date of this
subsection who requires retention of form 4473 under this subsection
shall, within 90 days after publication of regulations by the Secretary
under paragraph (5), request a copy of form 4473 from a licensed dealer
in accordance with those regulations.
``(5) The Secretary shall, within 90 days after the date of
enactment of this subsection, prescribe regulations for the request and
delivery of form 4473 under paragraph (4).''.
(b) Penalty.--Section 924 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(i) A person who knowingly violates section 922(t) shall be fined
not more than $1,000 (in accordance with section 3571(e)), imprisoned
not more than 6 months, or both.''.
(c) Disability.--Section 922(g)(1) of title 18, United States Code,
is amended by inserting ``or a violation of section 922(t)'' before the
semicolon at the end.
SEC. 4507. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, as
amended by section 4506, is amended by adding at the end the following
new subsection:
``(u)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition feeding
device.
``(2) This subsection does not apply to--
``(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency of
the United States or a State, or a department, agency, or
political subdivision of a State;
``(B) the lawful transfer or lawful possession of a large
capacity ammunition feeding device that was lawfully possessed
before the effective date of this subsection; or
``(C) the transfer or possession of a large capacity
ammunition feeding device by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Definition of Large Capacity Ammunition Feeding Device.--
Section 921(a) of title 18, United States Code, as amended by section
4502(b), is amended by adding at the end the following new paragraph:
``(30) The term `large capacity ammunition feeding device'--
``(A) means--
``(i) a magazine, belt, drum, feed strip, or
similar device that has a capacity of, or that can be
readily restored or converted to accept, more than 10
rounds of ammunition; and
``(ii) any combination of parts from which a device
described in clause (i) can be assembled; but
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.''.
(c) Large Capacity Ammunition Feeding Devices Treated as
Firearms.--Section 921(a)(3) of title 18, United States Code, is
amended in the first sentence--
(1) by striking ``or (D) any destructive device.''; and
(2) by inserting ``(D) any destructive device; or (E) any
large capacity ammunition feeding device.''.
(d) Penalty.--Section 924(a)(1)(B) of title 18, United States Code,
as amended by section 4502(c), is amended by striking ``or (s)'' and
inserting ``(s), or (u)''.
(e) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
section 4502(d), is amended by adding at the end the following new
sentence: ``A large capacity ammunition feeding device manufactured
after the date of enactment of this sentence shall be identified by a
serial number that clearly shows that the device was manufactured or
imported after the effective date of this subsection, and such other
identification as the Secretary may by regulation prescribe.''.
SEC. 4508. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the
effect of this title and the amendments made by this title, and in
particular shall determine their impact, if any, on violent and drug
trafficking crime. The study shall be conducted over a period of 18
months, commencing 78 months after the date of enactment of this Act.
(b) Report.--Not later than 8 years after the date of enactment of
this Act, the Attorney General shall prepare and submit to Congress a
report setting forth in detail the findings and determinations made in
the study under subsection (a).
SEC. 4509. EFFECTIVE DATE.
This title and the amendments made by this title--
(1) shall take effect on the date of enactment of this Act;
and
(2) are repealed effective as of the date that is 10 years
after that date.
SEC. 4510. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States code, is amended by adding
at the end the following appendix:
``APPENDIX A
Centerfire Rifles--Autoloaders
Browning BAR Mark II Safari Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
Browning High-Power Rifle
Heckler & Koch Model 300 Rifle
Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-1 Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 7400 Auto Rifle
Remington Model 7400 Rifle
Remington Model 7400 Special Purpose Auto Rifle
Ruger Mini-14 Autoloading Rifle (w/o folding stock)
Ruger Mini Thirty Rifle
Centerfire Rifles--Lever & Slide
Browning Model 81 BLR Lever-Action Rifle
Browning Model 81 Long Action BLR
Browning Model 1886 Lever-Action Carbine
Browning Model 1886 High Grade Carbine
Cimarron 1860 Henry Replica
Cimarron 1866 Winchester Replicas
Cimarron 1873 Short Rifle
Cimarron 1873 Sporting Rifle
Cimarron 1873 30" Express Rifle
Dixie Engraved 1873 Rifle
E.M.F. 1866 Yellowboy Lever Actions
E.M.F. 1860 Henry Rifle
E.M.F. Model 73 Lever-Action Rifle
Marlin Model 336CS Lever-Action Carbine
Marlin Model 30AS Lever-Action Carbine
Marlin Model 444SS Lever-Action Sporter
Marlin Model 1894S Lever-Action Carbine
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry Replica
Mitchell 1866 Winchester Replica
Mitchell 1873 Winchester Replica
Navy Arms Military Henry Rifle
Navy Arms Henry Trapper
Navy Arms Iron Frame Henry
Navy Arms Henry Carbine
Navy Arms 1866 Yellowboy Rifle
Navy Arms 1873 Winchester-Style Rifle
Navy Arms 1873 Sporting Rifle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
Rossi M92 SRC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savage 99C Lever-Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rilfe
Uberti 1873 Sporting Rifle
Winchester Model 94 Side Eject Lever-Action Rifle
Winchester Model 94 Trapper Side Eject
Winchester Model 94 Big Bore Side Eject
Winchester Model 94 Ranger Side Eject Lever-Action Rifle
Winchester Model 94 Wrangler Side Eject
Centerfire Rifles--Bolt Action
Alpine Bolt-Action Rifle
A-Square Caesar Bolt-Action Rifle
A-Square Hannibal Bolt-Action Rifle
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700D Bavarian Bolt-Action Rifle
Anschutz 1733D Mannlicher Rifle
Barret Model 90 Bolt-Action Rifle
Beeman/HW 60J Bolt-Action Rifle
Blaser R84 Bolt-Action Rifle
BRNO 537 Sporter Bolt-Action Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 Bolt-Action Rifles
Browning A-Bolt Rifle
Browning A-Bolt Stainless Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Action
Browning Euro-Bolt Rifle
Browning A-Bolt Gold Medallion
Browning A-Bolt Micro Medallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sporter #38
Century Mauser 98 Sporter
Cooper Model 38 Centerfire Sporter
Dakota 22 Sporter Bolt-Action Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari Bolt-Action Rifle
Dakota 416 Rigby African
E.A.A./Sabatti Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Mini-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100A1 Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
Krico Model 700 Bolt-Action Rifles
Mauser Model 66 Bolt-Action Rifle
Mauser Model 99 Bolt-Action Rifle
McMillan Signature Classic Sporter
McMillan Signature Super Varminter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain Rifle
McMillan Classic Stainless Sporter
McMillan Talon Safari Rifle
McMillan Talon Sporter Rifle
Midland 1500S Survivor Rifle
Navy Arms TU-33/40 Carbine
Parker-Hale Model 81 Classic Rifle
Parker-Hale Model 81 Classic African Rifle
Parker-Hale Model 1000 Rifle
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 Lightweight Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip Rifle
Parker-Hale Model 1300C Scout Rifle
Parker-Hale Model 2100 Midland Rifle
Parker-Hale Model 2700 Lightweight Rifle
Parker-Hale Model 2800 Midland Rifle
Remington Model Seven Bolt-Action Rifle
Remington Model Seven Youth Rifle
Remington Model Seven Custom KS
Remington Model Seven Custom MS Rifle
Remington 700 ADL Bolt-Action Rifle
Remington 700 BDL Bolt-Action Rifle
Remington 700 BDL Varmint Special
Remington 700 BDL European Bolt-Action Rifle
Remington 700 Varmint Synthetic Rifle
Remington 700 BDL SS Rifle
Remington 700 Stainless Synthetic Rifle
Remington 700 MTRSS Rifle
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic Rifle
Remington 700 Safari
Remington 700 Mountain Rifle
Remington 700 Custom KS Mountain Rifle
Remington 700 Classic Rifle
Ruger M77 Mark II Rifle
Ruger M77 Mark II Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark II All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark II Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberclass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sake Hunter LS Rifle
Sako Deluxe Lightweight
Sako Super Deluxe Sporter
Sako Mannlicher-Style Carbine
Sako Varmint Heavy Barrel
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rifle
Savage 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV Varmint Rifle
Savage 112FV Varmint Rifle
Savage Model 112FVS Varmint Rifle
Savage Model 112BV Heavy Barrel Varmint Rifle
Savage 116FSS Bolt-Action Rifle
Savage model 116FSK Kodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail/Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 91 Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Deluxe Bolt-Action Rifle
Weatherby Lasermark V Rifle
Weatherby Mark V Crown Custom Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathermark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Classicmark No. 1 Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. 1 Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
Winchester Model 70 Stainless Rifle
Winchester Model 70 Varmint
Winchester Model 70 Synthetic Heavy Varmint Rifle
Winchester Model 70 DBM Rifle
Winchester Model 70 DBM-S Rifle
Winchester Model 70 Featherweight
Winchester Model 70 Featherweight WinTuff
Winchester Model 70 Featherweight Classic
Winchester Model 70 Lightweight Rifle
Winchester Ranger Rifle
Winchester Model 70 Super Express Magnum
Winchester Model 70 Super Grade
Winchester Model 70 Custom Sharpshooter
Winchester Model 70 Custom Sporting Sharpshooter Rifle
Centerfire Rifles--Single Shot
Armsport 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot Rifle
Harrington & Richardson Ultra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Rifle
Navy Arms Sharps Cavalry Carbine
Navy Arms Sharps Plains Rifle
New England Firearms Handi-Rifle
Red Willow Armory Ballard No. 5 Pacific
Red Willow Armory Ballard No. 1.5 Hunting Rifle
Red Willow Armory Ballard No. 8 Union Hill Rifle
Red Willow Armory Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block Carbine
Ruger No. 1B Single Shot
Ruger No. 1A Light Sporter
Ruger No. 1H Tropical Rifle
Ruger No. 1S Medium Sporter
Ruger No. 1 RSI International
Ruger No. 1V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic Sharps
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
Shiloh Sharps 1874 Military Carbine
Shiloh Sharps 1874 Business Rifle
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
Thompson/Center Contender Carbine
Thompson/Center Stainless Contender Carbine
Thompson/Center Contender Carbine Survival System
Thompson/Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolling Block Baby Carbine
Drillings, Combination Guns, Double Rifles
Baretta Express SSO O/U Double Rifles
Baretta Model 455 SxS Express Rifle
Chapuis RGExpress Double Rifle
Auguste Francotte Sidelock Double Rifles
Auguste Francotte Boxlock Double Rifle
Heym Model 55B O/U Double Rifle
Heym Model 55FW O/U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck O/U Combination Gun
Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/Under Double Rifles
Savage 24F O/U Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout Rifle/Shotgun
Tikka Model 412s Combination Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shotgun O/U Combo
Rimfire Rifles--Autoloaders
AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle II
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade VI
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marlin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 990l Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speedmaster Rifle
Ruger 10/22 Autoloading Carbine (w/o folding stock)
Survival Arms AR-7 Explorer Rifle
Texas Remington Revolving Carbine
Voere Model 2115 Auto Rifle
Rimfire Rifles--Lever & Slide Action
Browning BL-22 Lever-Action Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-Action Rifle
Remington 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifle
Rossi Model 62 SA Pump Rifle
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
Rimfire Rifles--Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM-452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60-J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ``Little Buckaroo''
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU-KKW Training Rifle
Navy Arms TU-33/40 Carbine
Navy Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action Rifle
Remington 541-T
Remington 40-XR Rimfire Custom sporter
Remington 541-T HB Bolt-Action Rifle
Remington 581-S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
Competition Rifles--Centerfire & Rimfire
Anschutz 64-MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Itermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP-1 ISU Standard Rifle
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 Sniper Rifle
Remington 40-XB Rangemaster Target Centerfire
Remington 40-XR KS Rimfire Position Rifle
Remington 40-XBBR KS
Remington 40-XC KS National Match Course Rifle
Sako TRG-21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG-UIT Rifle
Steyr-Mannlicher SSG P-I Rifle
Steyr-Mannlicher SSG P-III Rifle
Steyr-Mannlicher SSG P-IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
Shotguns--Autoloaders
American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A-303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning Bsa 10 Stalker Auto Shotgun
Browning A-500R Auto Shotgun
Browning A-500G Auto Shotgun
Browning A-500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
Remington 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 Special Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
Remington 11-87 SPS-Deer Shotgun
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-10 Magnum-Camo Auto Shotgun
Remington SP-10 Magnum Auto Shotgun
Remington SP-10 Magnum Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
Shotguns--Slide Actions
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586-VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS-T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun
Shotguns--Over/Unders
American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K-80 Sporting Clays O/U
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 International Skeet
Krieghoff K-80 Four-Barrel Skeet Set
Krieghoff K-80/RT Shotguns
Krieghoff K-80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM-6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U
Shotguns--Side by Sides
American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkell Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
Shotguns--Bolt Actions & Single Shots
Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer II Shotgun
Stoeger/IGA Reuna Single Barrel Shotgun
Thompson/Center TCR '87 Hunter Shotgun.''.
TITLE XLVI--RECREATIONAL HUNTING SAFETY
SEC. 4601. SHORT TITLE.
This title may be cited as the ``Recreational Hunting Safety and
Preservation Act of 1993''.
SEC. 4602. FINDINGS.
Congress finds that--
(1) recreational hunting, when carried out pursuant to law
(as implemented by the regulations of Federal and State
wildlife management agencies) is a necessary and beneficial
element in the proper conservation and management of healthy,
abundant, and biologically diverse wildlife resources;
(2) recreational hunters (because of a generally
demonstrated concern with the conservation of wildlife
resources and preservation of habitat necessary for the
breeding and maintenance of healthy wildlife populations, and
through a familiarity with the resources gained from experience
in the field) are a valuable asset in ensuring enlightened
public input into decisions regarding management and
maintenance programs for wildlife resources and habitat;
(3)(A) recreational hunting supports industries highly
significant to the national economy through sales in interstate
commerce of sporting goods; and
(B) the Federal excise taxes imposed on the sales provide a
major source of funding for vital programs of wildlife
conservation and management;
(4) various persons are engaging in (and have announced an
intent to continue to engage in) a variety of disruptive
activities with the premeditated purpose of preventing and
interfering with the conduct of lawful recreational hunting on
Federal lands, which activities--
(A) place both recreational hunters and the
disruptive persons in imminent jeopardy of grave
physical injury or death;
(B) disrupt the peaceful, lawful, and prudent
conduct of wildlife population and habitat management
programs by Federal and State wildlife management
agencies; and
(C) ultimately may alter the planned program
objectives, resulting in--
(i) undesirable patterns of activity within
populations of wildlife;
(ii) the endangerment of the future
viability of wildlife species; and
(iii) damage to habitat values;
(5) Federal lands comprise important wildlife habitat
resources that--
(A) support many large, diverse, and vital
populations of wildlife; and
(B) offer significant opportunities for legal
recreational hunting as an important management tool to
ensure the future viability of the wildlife
populations;
(6) it is the right of citizens of the United States freely
to enjoy lawful recreational hunting on Federal lands in
accordance with regulations promulgated by Federal and State
wildlife management agencies; and
(7) in many instances under current law, vagueness and
ambiguity exist regarding the application of State laws and
enforcement activities relating to--
(A) the safety of hunters; and
(B) the legal rights of recreational hunters to
participate peacefully in lawful hunts on Federal
lands.
SEC. 4603. DEFINITIONS.
As used in this title:
(1) Federal lands.--The term ``Federal lands'' means--
(A) national forests;
(B) public lands;
(C) national parks; and
(D) wildlife refuges.
(2) Lawful hunt.--The term ``lawful hunt'' means an
occasion when an individual is engaged in the taking or
harvesting (or attempted taking or harvesting) through a legal
means and during a specified legal season of a wildlife or
fish, on Federal lands, which activity--
(A)(i) is authorized by or licensed under the law
of the State in which it takes place; or
(ii) is regulated by game or fishing seasons
established by the State in which it takes place;
(B) is not prohibited by a law of the United
States; and
(C) does not infringe upon a right of an owner of
private property.
(3) National forest.--The term ``national forest'' means
lands included in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(4) National park.--The term ``national park'' means lands
and waters included in the national park system (as defined in
section 2(a) of the Act entitled ``An Act to facilitate the
management of the National Park System and miscellaneous areas
administered in connection with that system, and for other
purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
(5) Public lands.--The term ``public lands'' has the same
meaning as is provided in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(6) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture with respect to
national forests; and
(B) the Secretary of the Interior with respect to--
(i) public lands;
(ii) national parks; and
(iii) wildlife refuges.
(7) Wildlife refuge.--The term ``wildlife refuge'' means
lands and waters included in the National Wildlife Refuge
System (as established by section 4 of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).
SEC. 4604. OBSTRUCTION OF A LAWFUL HUNT.
(a) Violation.--It is unlawful for a person knowingly and with the
intent of obstructing, impeding, or interfering with a lawful hunt by
an individual to--
(1) obstruct, impede, or otherwise interfere with a lawful
hunt by an individual;
(2) engage in activities that prevent or impede the
reasonable and usual means of access by those individuals who
intend to participate in a lawful hunt, whether the activities
occur on Federal lands or upon a public or private road,
highway, path, trail, or other normal route of access to
Federal lands;
(3) take or abuse property, equipment, or hunting dogs
being used in conjunction with a lawful hunt; or
(4) enter onto Federal lands or travel in interstate
commerce to further--
(A) a scheme or effort to obstruct, impede, or
otherwise interfere with a lawful hunt; or
(B) the efforts of another person to obstruct,
impede, or interfere with a lawful hunt.
(b) Multiple Violations.--The Secretary may consider participation
by a person in more than one of the activities described in this
section to constitute multiple violations.
SEC. 4605. CIVIL PENALTIES.
(a) In General.--A person who engages in an activity described in
section 4604 shall be assessed a civil penalty of not less than $500,
and not more than $5,000, for each violation.
(b) Violation Involving Force or Violence.--Upon a determination by
a court that the activity involved the use of force or violence, or the
threatened use of force or violence, against the person or property of
another person, a person who engages in an activity described in
section 4604 shall be assessed a civil penalty of not less than $1,000,
and not more than $10,000, for each violation.
(c) Relationship to Other Penalties.--The penalties established by
this section shall be in addition to other criminal or civil penalties
that may be levied against the person as a result of an activity in
violation of section 4604.
(d) Procedure.--
(1) Complaints from government agents.--Upon receipt of a
written complaint from an officer, employee, or agent of the
Forest Service, Bureau of Land Management, National Park
Service, United States Fish and Wildlife Service, or other
Federal agency that a person violated section 4604, the
Secretary shall--
(A) forward the complaint to the United States
Attorney for the Federal judicial district in which the
violation is alleged to have occurred; and
(B) request the Attorney General of the United
States to institute a civil action for the imposition
and collection of the civil penalty specified in
subsection (a) or (b).
(2) Complaints from individuals.--Upon receipt of a sworn
affidavit from an individual and a determination by the
Secretary that the statement contains sufficient factual data
to create a reasonable belief that a violation of section 4604
has occurred, the Secretary shall--
(A) forward a complaint to the United States
Attorney for the Federal judicial district in which the
violation is alleged to have occurred; and
(B) request the Attorney General of the United
States to institute a civil action for the imposition
and collection of the civil penalty specified in
subsection (a) or (b).
(e) Use of Penalty Money Collected.--After deduction of costs
attributable to collection, money collected from penalties shall be--
(1) deposited into the trust fund established pursuant to
the Act entitled ``An Act to provide that the United States
shall aid the States in wildlife-restoration projects, and for
other purposes'', approved September 2, 1937 (16 U.S.C. 669)
(commonly known as the ``Pitman-Robertson Wildlife Restoration
Act''), to support the activities authorized by such Act and
undertaken by State wildlife management agencies; or
(2) used in such other manner as the Secretary determines
will enhance the funding and implementation of--
(A) the North American Waterfowl Management Plan
signed by the Secretary of the Interior and the
Minister of Environment for Canada in May 1986; or
(B) a similar program that the Secretary determines
will enhance wildlife management--
(i) on Federal lands; or
(ii) on private or State-owned lands when
the efforts will also provide a benefit to
wildlife management objectives on Federal
lands.
SEC. 4606. OTHER RELIEF.
(a) Injunctive Relief.--Injunctive relief against a violation of
section 4604 may be sought by--
(1) the head of a State agency with jurisdiction over fish
or wildlife management;
(2) the Attorney General of the United States; or
(3) any person who is or would be adversely affected by the
violation, or a hunting or sportsman's organization to which
the person belongs.
(b) Damages and Attorney's Fees.--Any person who is or would be
adversely affected by a violation of section 4604, or a hunting or
sportsman's organization to which the person belongs, may bring a civil
action to recover--
(1) actual and punitive damages; and
(2) reasonable attorney's fees.
SEC. 4607. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
(a) Law or Ordinance.--This title is not intended to preempt a
State law or local ordinance that provides for civil or criminal
penalties for a person who obstructs or otherwise interferes with a
lawful hunt.
(b) Civil Action.--The bringing of an action pursuant to this title
shall not prevent an independent action against a person under a State
law or local ordinance.
SEC. 4608. REGULATIONS.
The Secretary may issue such regulations as are necessary to carry
out this title.
TITLE XLVII--Correctional Job Training and Placement
SEC. 4701. SHORT TITLE.
This title may be cited as the ``Office of Correctional Job
Training and Placement Act of 1993''.
SEC. 4702. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) Findings.--Congress finds that--
(1) job training and placement are important to, and make a
significant contribution to, the readjustment to society of
incarcerated persons and ex-offenders; and
(2) there is a growing need for immediate action by the
Federal Government to assist State and local job training
programs, and job placement programs, that provide services to
incarcerated persons or ex-offenders.
(b) Purpose.--It is the purpose of this section to encourage and
support job training programs, and job placement programs, that provide
services to incarcerated persons or ex-offenders.
(c) Definitions.--As used in this section:
(1) Correctional institution.--The term ``correctional
institution'' means any prison, jail, reformatory, work farm,
detention center, or halfway house, or any other similar
institution designed for the confinement or rehabilitation of
criminal offenders.
(2) Correctional job training or placement program.--The
term ``correctional job training or placement program'' means
an activity that provides job training or job placement
services to incarcerated persons or ex-offenders, or that
assists incarcerated persons or ex-offenders in obtaining such
services.
(3) Ex-offender.--The term ``ex-offender'' means any
individual who has been sentenced to a term of probation by a
Federal or State court, or who has been released from a
Federal, State, or local correctional institution.
(4) Incarcerated person.--The term ``incarcerated person''
means any individual incarcerated in a Federal or State
correctional institution who is charged with or convicted of
any criminal offense.
(d) Establishment of Office.--
(1) In general.--The Attorney General shall establish
within the Department of Justice an Office of Correctional Job
Training and Placement. The Office shall be headed by a
Director, who shall be appointed by the Attorney General.
(2) Timing.--The Attorney General shall carry out this
subsection not later than 6 months after the date of enactment
of this section.
(e) Functions of Office.--The Attorney General, acting through the
Director of the Office of Correctional Job Training and Placement, in
consultation with the Secretary of Labor, shall--
(1) assist in coordinating the activities of the Federal
Bonding Program of the Department of Labor, the activities of
the Department of Labor related to the determination of
targeted jobs credits under section 51 of the Internal Revenue
Code of 1986 with respect to ex-offenders, and any other
correctional job training or placement program of the
Department of Justice or Department of Labor;
(2) provide technical assistance to State and local
employment and training agencies that--
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other
programs carried out by the Department of Justice or
Department of Labor, for activities related to the
development of employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated
persons and ex-offenders in gaining marketable occupational
skills and job placement;
(4) prepare and submit to Congress an annual report on the
activities of the Office of Correctional Job Training and
Placement, and the status of correctional job training or
placement programs in the United States;
(5) cooperate with other Federal agencies carrying out
correctional job training or placement programs to ensure
coordination of such programs throughout the United States;
(6) consult with, and provide outreach to--
``(A) State job training coordinating councils,
administrative entities, and private industry councils,
with respect to programs carried out under this Act;
and
(B) other State and local officials, with respect
to other employment or training programs carried out by
the Department of Justice or Department of Labor;
(7) collect from States information on the training
accomplishments and employment outcomes of a sample of
incarcerated persons and ex-offenders who were served by
employment or training programs carried out, or that receive
financial assistance through programs carried out, by the
Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments
information on the development and implementation of
correctional job training or placement programs; and
(B) disseminate such information, as appropriate.
TITLE XLVIII--POLICE PARTNERSHIPS FOR CHILDREN
SEC. 4801. SHORT TITLE.
This title may be cited as the ``Police Partnerships for Children
Act of 1993''.
SEC. 4802. FINDINGS.
Congress finds the following:
(1) Homicide is the second leading cause of juvenile injury
deaths for all youth 15 to 24 years of age.
(2) Homicide rates for children and youth have more than
doubled since 1950.
(3) Teenagers are more than twice as likely as adults to be
victims of violent crime, such as rape, robbery or assault.
(4) Physical fighting severe enough to require medical
treatment for at least one participant occurs among high school
students in patterns similar to those of homicide. The
incidence rates of such physical fighting are higher for males
than females, higher for minorities than for nonminorities, and
more frequent between acquaintances than among strangers.
(5) Children increasingly live amidst chronic community
violence and experience trauma as a result of such violence.
One survey of inner-city children 6 to 10 years of age found
that over 90 percent had witnessed some type of violence. A
Chicago housing project survey found that virtually all
children in such survey had firsthand experiences with
shootings by the age of 5.
(6) Children who have been the victims of, or who have
witnessed violence, are at risk of becoming involved in further
violence if the trauma such children have experienced is not
addressed.
(7) Police frequently encounter children who have been the
victims of violence or who have witnessed violence in the
course of the police work, but the police often lack the
resources necessary to adequately respond to such children's
needs. Child and family service agencies have expertise in
child development and family issues that could support police
efforts.
(8) Community-based police, by their visibility at the
neighborhood level and their engagement in benign activities,
can provide role models and resources to promote the well-being
of children and families, as well as to identify and refer
those at risk for behavioral problems.
SEC. 4803. PURPOSES.
The purposes of this title are to--
(1) augment law enforcement services and community policing
efforts by providing accessible crisis intervention services
for children who are involved in violent incidents, and
training for law enforcement officers in child development,
family, and cultural issues;
(2) identify children and families at high risk for
developing behavioral or emotional problems resulting from
exposure to community violence and provide mental health and
other support services to such children and families, including
crisis intervention for child witnesses and victims of
violence;
(3) facilitate interaction between law enforcement
agencies, child and family service organizations, local
educational agencies, and other community members for the
purpose of building coalitions for the prevention of community
violence; and
(4) provide role models for high-risk children and youth
and promote conflict resolution training for children and youth
in local educational agencies.
SEC. 4804. DEFINITIONS.
For purposes of this title:
(1) Child and family service organization.--The term
``child and family service organization'' means a public or
private nonprofit entity (such as child guidance centers, child
psychiatry or child psychology departments of hospitals or
university medical centers, or community mental health centers
providing child and family services) that provides mental
health services to children and families and that meets
nationally recognized guidelines (such as guidelines prescribed
for mental health centers and for child welfare and family
service agencies) with respect to the services provided to
children and families.
(2) Community-based policing.--The term ``community-based
policing'' means a commitment and an effort (within the
confines of budget restrictions) made by a law enforcement
agency to establish or expand cooperative efforts between the
police and a community in order to increase police presence in
the community, including--
(A) developing innovative neighborhood-oriented
policing programs and community-based crime-prevention
programs; and
(B) creating decentralized police substations
throughout the community to encourage interaction and
cooperation between the public and law enforcement
personnel on a local level, including the permanent
assignment of officers to a specific neighborhood or
substation.
(3) Law enforcement agency.--The term ``law enforcement
agency'' means an entity that serves a specific community and
has the routine responsibility of policing the activities of
such community.
SEC. 4805. GRANTS AUTHORIZED.
(a) In General.--
(1) Establishment grants.--The Attorney General, in
consultation with the Secretary of Health and Human Services,
and where appropriate the Secretary of Education, shall,
subject to availability of appropriations, award grants to law
enforcement agencies determined to be eligible under section
4806 for the establishment of law enforcement and child and
family services partnership programs to carry out activities
described in section 4806.
(2) Priority.--In awarding grants described in paragraph
(1), the Attorney General shall give priority to a law
enforcement agency that--
(A) is engaged in community-based policing; and
(B) intends to target such agency's programs at
disadvantaged communities.
(b) Grant Amount.--
(1) In general.--A grant awarded under this section shall
be of sufficient size and scope to adequately support all
anticipated activities.
(2) Additional amounts.--
(A) In general.--The Attorney General may award
additional grant amounts for the purpose of enabling a
law enforcement agency (as described in section
4806(a)(1)) to provide mentoring or conflict resolution
services.
(B) Special rules.--
(i) Priority for mentoring services.--In
awarding additional grant funds for the
provision of mentoring services under
subparagraph (A), the Attorney General shall
give priority to a law enforcement agency (as
described in section 4806(a)(1)) that
demonstrates commitments from a broad spectrum
of community groups to participate in mentoring
programs.
(ii) Conflict resolution services.--In
awarding additional grant funds for the
provision of conflict resolution services under
subparagraph (A), the Attorney General may not
award grant funds to a law enforcement agency
(as described in section 4806(a)(1)) unless
such agency demonstrates a commitment from the
local educational agency to provide conflict
resolution programs in the schools in
participation with such agency.
(c) Federal Share.--
(1) In general.--The Federal share of a grant made under
this section may not exceed--
(A) with respect to the first fiscal year, 80
percent of the total costs of the projects described in
the application submitted under section 4806 for such
fiscal year;
(B) with respect to the second fiscal year, 70
percent of the total costs of the projects described in
the application submitted under section 4806 for such
fiscal year; and
(C) with respect to the third fiscal year, 60
percent of the total costs of the projects described in
the application submitted under section 4806 for such
fiscal year.
(2) In-kind contributions.--The Attorney General shall
accept the value of in-kind contributions made by the grant
recipient as a part or all of the non-Federal share of grants.
(d) Grant Duration.--A grant awarded under this title shall be for
a period of not less than 3 years.
SEC. 4806. APPLICATIONS.
(a) In General.--To be eligible for a grant under this section an
entity shall--
(1) be a law enforcement agency that has entered into a
partnership with a child and family service organization to
carry out a program under this title; and
(2) prepare and submit to the Attorney General an
application in such form, at such time, and in accordance with
such procedures, as the Attorney General shall establish.
(b) Assurances.--Each application submitted under subsection (a)
shall provide the following assurances:
(1) There is a partnership established between the law
enforcement agency and a child and family service organization.
(2) The management at the highest level of the law
enforcement agency and the child and family service
organization agrees to the establishment of such partnership,
and ensures that such agency and such organization of such
partnership will cooperate in carrying out the program.
(3) In developing the program, the applicant has
coordinated with other segments of the community to ensure that
the partnership efforts complement existing community anti-
violence efforts.
(4) Programs established from funds received under grants
awarded under this title will do the following:
(A) Be collaborative in nature, with respect to
organizing and providing the necessary services to
children and families.
(B) Provide response to crisis situations 24 hours
a day.
(C) Provide confidentiality.
(D) Be able to provide adequate resources for
training of law enforcement officers and for support of
professional consultation services for children and
families, including professionals licensed to provide
child and family evaluations and treatment.
(E) Be able to respond to community needs in a
manner reflecting sensitivity to the cultural diversity
of that community.
(5) The partnership will provide the following program
components:
(A) 24-hour consultation service that includes a
team of child guidance professionals and specially
trained law enforcement officers to respond to
incidents where a child has been a perpetrator, a
witness, or a victim of violence. Services by child
guidance professionals may include in-home assessments,
expedited referrals for treatment, treatment in a
community where resources are not already available,
consultations with parents and teachers, and on-the-
spot crisis intervention.
(B) Training for law enforcement officers that
includes instruction by child and family service
organizations in the basic principles of human
behavior, child psychology, and family systems. All
training will be interactive and jointly taught by law
enforcement officers and child guidance professionals,
in order to make use of real-life examples drawn from
officers' experience in the field.
(C) Weekly case conferences by the team of child
guidance professionals and law enforcement officers
described in subparagraph (A).
(D) Community activities for children and families
that are designed jointly by the law enforcement and
child and family services partnership, including
conflict resolution training programs for children and
youth, after-school activity and neighborhood
recreation programs, and parent support groups co-led
by child guidance and law enforcement professionals.
(6) The partnership will provide local matching funds in
accordance with the Federal share requirements under section
4805(c).
(7) The applicant will submit to the Attorney General, for
each fiscal year for which a grant is received, a report in
accordance with uniform standards prescribed by the Attorney
General.
(c) Additional Assurances for Mentoring and Conflict Resolution
Services.--
(1) In general.--Each application submitted under
subsection (a) for additional funding for the provision of
mentoring or conflict resolution services under section
4805(b)(2) shall provide assurances described in paragraph (2)
or (3), whichever is applicable.
(2) Mentoring.--With respect to the provision of mentoring
services, an applicant shall provide assurances that the
partnership of the applicant and the child and family service
organization will--
(A) provide formal mentoring programs that will
include mentors such as police officers, child and
family services staff, and community and business
leaders provided through a partnership with
corporations, universities, labor organizations,
nonprofit entities (such as professional societies) or
government agencies;
(B) recruit mentors who are representative of the
cultural mix of the community such mentors serve;
(C) provide ongoing support services to mentors
through the partnership, including a framework for
understanding the issues such mentors may encounter in
working with youth from deprived environments and
ongoing support groups to provide mentors an
opportunity to discuss the problems encountered in
working with children;
(D) provide practical work experience and, to the
extent possible, permanent career opportunities to
older youth; and
(E) collaborate, when possible, with elementary and
secondary schools, universities, corporations, labor
organizations, or government agencies with respect to
matters relating to the partnership's mentoring
program.
(3) Conflict resolution.--With respect to the provision of
conflict resolution services, an applicant shall provide an
assurance that the child and family service organization and
the law enforcement agency partnership, in collaboration with
the local educational agency (hereafter referred to in this
subparagraph as the ``LEA'') will support the LEA in the
development and implementation of conflict resolution programs.
The support provided to the LEA in the preceding sentence shall
be tailored to the needs and resources of the local school
district, and may include providing assistance to an ongoing
conflict resolution program operated by such LEA, developing
curricula for such a program in cooperation with the LEA, and
providing such a program to an LEA.
SEC. 4807. TRAINING AND TECHNICAL ASSISTANCE.
The Attorney General shall provide training and technical
assistance to grantees and child and family service organization with
which such grantees have formed a partnership.
SEC. 4808. EVALUATION AND REPORTS.
(a) Evaluation.--The Attorney General shall conduct evaluations to
determine the effectiveness of the programs funded under this title.
(b) Submission Of Reports And Evaluations.--
(1) Interim.--Not later than December 31, 1995, the
Attorney General shall prepare and submit to the appropriate
committees of Congress an interim progress report based on
information reported by the grantees and the results (as of the
date of the submission of such report) of the evaluation
conducted under subsection (a).
(2) Final.--Not later than December 31, 1998, the Attorney
General shall prepare and submit to the appropriate committees
of Congress a review and summary of the results of the
evaluation conducted under subsection (a).
SEC. 4809. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title,
$20,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998, of which not more than 10
percent shall be used for the mentoring and conflict resolution
activities described in section 4806(c).
TITLE XLIX--NATIONAL COMMUNITY ECONOMIC PARTNERSHIP
SEC. 4901. SHORT TITLE.
This title may be cited as the ``National Community Economic
Partnership Act of 1993''.
Subtitle A--Community Economic Partnership Investment Funds
SEC. 4911. PURPOSE.
It is the purpose of this subtitle to increase private investment
in distressed local communities and to build and expand the capacity of
local institutions to better serve the economic needs of local
residents through the provision of financial and technical assistance
to community development corporations.
SEC. 4912. PROVISION OF ASSISTANCE.
(a) Authority.--The Secretary of Health and Human Services
(hereafter referred to in this title as the ``Secretary'') is
authorized, in accordance with this subtitle, to provide nonrefundable
lines of credit to community development corporations for the
establishment, maintenance or expansion of revolving loan funds to be
utilized to finance projects intended to provide business and
employment opportunities for low-income, unemployed, or underemployed
individuals and to improve the quality of life in urban and rural
areas.
(b) Revolving Loan Funds.--
(1) Competitive assessment of applications.--In providing
assistance under subsection (a), the Secretary shall establish
and implement a competitive process for the solicitation and
consideration of applications from eligible entities for lines
of credit for the capitalization of revolving funds.
(2) Eligible entities.--To be eligible to receive a line of
credit under this subtitle an applicant shall--
(A) be a community development corporation;
(B) prepare and submit an application to the
Secretary that shall include a strategic investment
plan that identifies and describes the economic
characteristics of the target area to be served, the
types of business to be assisted and the impact of such
assistance on low-income, underemployed, and unemployed
individuals in the target area;
(C) demonstrate previous experience in the
development of low-income housing or community or
business development projects in a low-income community
and provide a record of achievement with respect to
such projects; and
(D) have secured one or more commitments from local
sources for contributions (either in cash or in kind,
letters of credit or letters of commitment) in an
amount that is at least equal to the amount requested
in the application submitted under subparagraph (B).
(3) Exception.--Notwithstanding the provisions of paragraph
(2)(D), the Secretary may reduce local contributions to not
less than 25 percent of the amount of the line of credit
requested by the community development corporation if the
Secretary determines such to be appropriate in accordance with
section 4916.
SEC. 4913. APPROVAL OF APPLICATIONS.
(a) In General.--In evaluating applications submitted under section
4912(b)(2)(B), the Secretary shall ensure that--
(1) the residents of the target area to be served (as
identified under the strategic development plan) would have an
income that is less than the median income for the area (as
determined by the Secretary);
(2) the applicant community development corporation
possesses the technical and managerial capability necessary to
administer a revolving loan fund and has past experience in the
development and management of housing, community and economic
development programs;
(3) the applicant community development corporation has
provided sufficient evidence of the existence of good working
relationships with--
(A) local businesses and financial institutions, as
well as with the community the corporation proposes to
serve; and
(B) local and regional job training programs;
(4) the applicant community development corporation will
target job opportunities that arise from revolving loan fund
investments under this subtitle so that 75 percent of the jobs
retained or created under such investments are provided to--
(A) individuals with--
(i) incomes that do not exceed the Federal
poverty line; or
(ii) incomes that do not exceed 80 percent
of the median income of the area;
(B) individuals who are unemployed or
underemployed;
(C) individuals who are participating or have
participated in job training programs authorized under
the Job Training Partnership Act (29 U.S.C. 1501 et
seq.) or the Family Support Act of 1988 (Public Law
100-485);
(D) individuals whose jobs may be retained as a
result of the provision of financing available under
this subtitle; or
(E) individuals who have historically been
underrepresented in the local economy; and
(5) a representative cross section of applicants are
approved, including large and small community development
corporations, urban and rural community development
corporations and community development corporations
representing diverse populations.
(b) Priority.--In determining which application to approve under
this subtitle the Secretary shall give priority to those applicants
proposing to serve a target area--
(1) with a median income that does not exceed 80 percent of
the median for the area (as determined by the Secretary); and
(2) with a high rate of unemployment, as determined by the
Secretary or in which the population loss is at least 7 percent
from April 1, 1980, to April 1, 1990, as reported by the Bureau
of the Census.
SEC. 4914. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) Approval of Application.--The Secretary shall provide a
community development corporation that has an application approved
under section 4913 with a line of credit in an amount determined
appropriate by the Secretary, subject to the limitations contained in
subsection (b).
(b) Limitations on Availability of Amounts.--
(1) Maximum amount.--The Secretary shall not provide in
excess of $2,000,000 in lines of credit under this subtitle to
a single applicant.
(2) Period of availability.--A line of credit provided
under this subtitle shall remain available over a period of
time established by the Secretary, but in no event shall any
such period of time be in excess of 3 years from the date on
which such line of credit is made available.
(3) Exception.--Notwithstanding paragraphs (1) and (2), if
a recipient of a line of credit under this subtitle has made
full and productive use of such line of credit, can demonstrate
the need and demand for additional assistance, and can meet the
requirements of section 4912(b)(2), the amount of such line of
credit may be increased by not more than $1,500,000.
(c) Amounts Drawn From Line of Credit.--Amounts drawn from each
line of credit under this subtitle shall be used solely for the
purposes described in section 4911 and shall only be drawn down as
needed to provide loans, investments, or to defray administrative costs
related to the establishment of a revolving loan fund.
(d) Use of Revolving Loan Funds.--Revolving loan funds established
with lines of credit provided under this subtitle may be used to
provide technical assistance to private business enterprises and to
provide financial assistance in the form of loans, loan guarantees,
interest reduction assistance, equity shares, and other such forms of
assistance to business enterprises in target areas and who are in
compliance with section 4913(a)(4).
SEC. 4915. LIMITATIONS ON USE OF FUNDS.
(a) Matching Requirement.--Not to exceed 50 percent of the total
amount to be invested by an entity under this subtitle may be derived
from funds made available from a line of credit under this subtitle.
(b) Technical Assistance and Administration.--Not to exceed 10
percent of the amounts available from a line of credit under this
subtitle shall be used for the provision of training or technical
assistance and for the planning, development, and management of
economic development projects. Community development corporations shall
be encouraged by the Secretary to seek technical assistance from other
community development corporations, with expertise in the planning,
development and management of economic development projects. The
Secretary shall assist in the identification and facilitation of such
technical assistance.
(c) Local and Private Sector Contributions.--To receive funds
available under a line of credit provided under this subtitle, an
entity, using procedures established by the Secretary, shall
demonstrate to the community development corporation that such entity
agrees to provide local and private sector contributions in accordance
with section 4912(b)(2)(D), will participate with such community
development corporation in a loan, guarantee or investment program for
a designated business enterprise, and that the total financial
commitment to be provided by such entity is at least equal to the
amount to be drawn from the line of credit.
(d) Use of Proceeds From Investments.--Proceeds derived from
investments made using funds made available under this subtitle may be
used only for the purposes described in section 4911 and shall be
reinvested in the community in which they were generated.
SEC. 4916. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) In General.--The Secretary shall give priority in providing
lines of credit under this subtitle to community development
corporations that propose to undertake economic development activities
in distressed communities that target women, Native Americans, at risk
youth, farmworkers, population-losing communities, very low-income
communities, single mothers, veterans, and refugees; or that expand
employee ownership of private enterprises and small businesses, and to
programs providing loans of not more than $35,000 to very small
business enterprises.
(b) Reservation of Funds.--Not less than 5 percent of the amounts
made available under section 4932(a)(2)(A) may be reserved to carry out
the activities described in subsection (a).
Subtitle B--Emerging Community Development Corporations
SEC. 4921. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) Purpose.--It is the purpose of this section to provide
assistance to community development corporations to upgrade the
management and operating capacity of such corporations and to enhance
the resources available to enable such corporations to increase their
community economic development activities.
(b) Skill Enhancement Grants.--
(1) In general.--The Secretary shall award grants to
community development corporations to enable such corporations
to attain or enhance the business management and development
skills of the individuals that manage such corporations to
enable such corporations to seek the public and private
resources necessary to develop community economic development
projects.
(2) Use of funds.--A recipient of a grant under paragraph
(1) may use amounts received under such grant--
(A) to acquire training and technical assistance
from agencies or institutions that have extensive
experience in the development and management of low-
income community economic development projects; or
(B) to acquire such assistance from other highly
successful community development corporations.
(c) Operating Grants.--
(1) In general.--The Secretary shall award grants to
community development corporations to enable such corporations
to support an administrative capacity for the planning,
development, and management of low-income community economic
development projects.
(2) Use of funds.--A recipient of a grant under paragraph
(1) may use amounts received under such grant--
(A) to conduct evaluations of the feasibility of
potential low-income community economic development
projects that address identified needs in the low-
income community and that conform to those projects and
activities permitted under subtitle A;
(B) to develop a business plan related to such a
potential project; or
(C) to mobilize resources to be contributed to a
planned low-income community economic development
project or strategy.
(d) Applications.--A community development corporation that desires
to receive a grant under this section shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(e) Amount Available for a Community Development Corporation.--
Amounts provided under this section to a community development
corporation shall not exceed $75,000 per year. Such corporations may
apply for grants under this section for up to 3 consecutive years,
except that such corporations shall be required to submit a new
application for each grant for which such corporation desires to
receive and compete on the basis of such applications in the selection
process.
SEC. 4922. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN
FUNDS.
(a) Authority.--The Secretary is authorized to award grants to
emerging community development corporations to enable such corporations
to establish, maintain or expand revolving loan funds, to make or
guarantee loans, or to make capital investments in new or expanding
local businesses.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a community development corporation;
(2) have completed not less than one nor more than two
community economic development projects or related projects
that improve or provide job and employment opportunities to
low-income individuals;
(3) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including a strategic investment
plan that identifies and describes the economic characteristics
of the target area to be served, the types of business to be
assisted using amounts received under the grant and the impact
of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources
for contributions (either in cash or in kind, letters of
credit, or letters of commitment) in an amount that is equal to
at least 10 percent of the amounts requested in the application
submitted under paragraph (2).
(c) Use of the Revolving Loan Fund.--
(1) In general.--A revolving loan fund established or
maintained with amounts received under this section may be
utilized to provide financial and technical assistance, loans,
loan guarantees or investments to private business enterprises
to--
(A) finance projects intended to provide business
and employment opportunities for low-income individuals
and to improve the quality of life in urban and rural
areas; and
(B) build and expand the capacity of emerging
community development corporations and serve the
economic needs of local residents.
(2) Technical assistance.--The Secretary shall encourage
emerging community development corporations that receive grants
under this section to seek technical assistance from
established community development corporations, with expertise
in the planning, development and management of economic
development projects and shall facilitate the receipt of such
assistance.
(3) Limitation.--Not to exceed 10 percent of the amounts
received under this section by a grantee shall be used for
training, technical assistance and administrative purposes.
(d) Use of Proceeds From Investments.--Proceeds derived from
investments made with amounts provided under this section may be
utilized only for the purposes described in this subtitle and shall be
reinvested in the community in which they were generated.
(e) Amounts Available.--Amounts provided under this section to a
community development corporation shall not exceed $500,000 per year.
Subtitle C--Miscellaneous Provisions
SEC. 4931. DEFINITIONS.
As used in this title:
(1) Community development corporation.--The term
``community development corporation'' means a private,
nonprofit corporation whose board of directors is comprised of
business, civic and community leaders, and whose principal
purpose includes the provision of low-income housing or
community economic development projects that primarily benefit
low-income individuals and communities.
(2) Local and private sector contribution.--The term
``local and private sector contribution'' means the funds
available at the local level (by private financial
institutions, State and local governments) or by any private
philanthropic organization and private, nonprofit organizations
that will be committed and used solely for the purpose of
financing private business enterprises in conjunction with
amounts provided under this title.
(3) Population-losing community.--The term ``population-
losing community'' means any county in which the net population
loss is at least 7 percent from April 1, 1980 to April 1, 1990,
as reported by the Bureau of the Census.
(4) Private business enterprise.--The term ``private
business enterprise'' means any business enterprise that is
engaged in the manufacture of a product, provision of a
service, construction or development of a facility, or that is
involved in some other commercial, manufacturing or industrial
activity, and that agrees to target job opportunities stemming
from investments authorized under this title to certain
individuals.
(5) Target area.--The term ``target area'' means any area
defined in an application for assistance under this title that
has a population whose income does not exceed the median for
the area within which the target area is located.
(6) Very low-income community.--The term ``very low-income
community'' means a community in which the median income of the
residents of such community does not exceed 50 percent of the
median income of the area.
SEC. 4932. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out subtitles A and B, $40,000,000 for fiscal year 1994, and such sums
as may be necessary for fiscal years 1995 and 1996.
(b) Earmarks.--Of the aggregate amount appropriated under
subsection (a) for each fiscal year--
(1) 60 percent shall be available to carry out subtitle A;
and
(2) 40 percent shall be available to carry out subtitle B.
(c) Amounts.--Amounts appropriated under subsection (a) shall
remain available for expenditure without fiscal year limitation.
SEC. 4933. PROHIBITION.
None of the funds authorized under this title shall be used to
finance the construction of housing.
TITLE L--DEPORTATION OF ALIENS CONVICTED OF CRIMES
SEC. 5001. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) Expansion of Definition.--Section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as
follows:
``(43) The term `aggravated felony' means--
``(A) murder;
``(B) illicit trafficking in a controlled substance
(as defined in section 102 of the Controlled Substances
Act), including a drug trafficking crime (as defined in
section 924(c) of title 18, United States Code);
``(C) illicit trafficking in firearms or
destructive devices (as defined in section 921 of title
18, United States Code) or in explosive materials (as
defined in section 841(c) of that title);
``(D) an offense described in section 1956 of title
18, United States Code (relating to laundering of
monetary instruments) or section 1957 of that title
(relating to engaging in monetary transactions in
property derived from specific unlawful activity) if
the amount of the funds exceeded $100,000;
``(E) an offense described in--
``(i) section 842 (h) or (i) of title 18,
United States Code, or section 844 (d), (e),
(f), (g), (h), or (i) of that title (relating
to explosive materials offenses);
``(ii) section 922(g) (1), (2), (3), (4),
or (5), (j), (n), (o), (p), or (r) or 924 (b)
or (h) of title 18, United States Code
(relating to firearms offenses); or
``(iii) section 5861 of the Internal
Revenue Code of 1986 (relating to firearms
offenses);
``(F) a crime of violence (as defined in section 16
of title 18, United States Code, but not including a
purely political offense) for which the term of
imprisonment imposed (regardless of any suspension of
imprisonment) is at least 5 years;
``(G) a theft offense (including receipt of stolen
property) or budgetary offense for which a sentence of
5 years' imprisonment or more may be imposed;
``(H) an offense described in section 875, 876,
877, or 1202 of title 18, United States Code (relating
to the demand for or receipt of ransom);
``(I) an offense described in section 2251, 2251A,
or 2252 of title 18, United States Code (relating to
child pornography);
``(J) an offense described in--
``(i) section 1962 of title 18, United
States Code (relating to racketeer influenced
corrupt organizations); or
``(ii) section 1084 (if it is a second or
subsequent offense) or 1955 of that title
(relating to gambling offenses),
for which a sentence of 5 years' imprisonment or more
may be imposed;
``(K) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which a sentence of 5 years' imprisonment or more may
be imposed;
``(L) an offense that--
``(i) relates to the owning, controlling,
managing or supervising of a prostitution
business;
``(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution) for commercial advantage; or
``(iii) is described in section 1581, 1582,
1583, 1584, 1585, or 1588, of title 18, United
States Code (relating to peonage, slavery, and
involuntary servitude);
``(M) an offense relating to perjury or subornation
of perjury for which a sentence of 5 years'
imprisonment or more may be imposed;
``(N) an offense described in--
``(i) section 793 (relating to gathering or
transmitting national defense information), 798
(relating to disclosure of classified
information), 2153 (relating to sabotage) or
2381 or 2382 (relating to treason) of title 18,
United States Code; or
``(ii) section 601 of the National Security
Act of 1947 (50 U.S.C. 421) (relating to
protecting the identity of undercover
intelligence agents);
``(O) an offense that--
``(i) involves fraud or deceit in which the
loss to the victim or victims exceeds $200,000;
or
``(ii) is described in section 7201 of the
Internal Revenue Code of 1986 (relating to tax
evasion) in which the revenue loss to the
Government exceeds $200,000;
``(P) an offense described in section 274(a)(1) of
title 18, United States Code (relating to alien
smuggling) for the purpose of commercial advantage;
``(Q) an offense described in section 1546(a) of
title 18, United States Code (relating to document
fraud), for the purpose of commercial advantage;
``(R) an offense relating to a failure to appear
before a court pursuant to a court order to answer to
or dispose of a charge of a felony for which a sentence
of 2 years' imprisonment or more may be imposed; and
``(S) an attempt or conspiracy to commit an offense
described in this paragraph.
The term applies to an offense described in this paragraph
whether in violation of Federal or State law and applies to
such an offense in violation of the law of a foreign country
for which the term of imprisonment was completed within the
previous 15 years.''.
(b) Effective Date.--The amendments made by this section shall
apply to convictions entered on or after the date of enactment of this
Act.
SEC. 5002. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE
NOT PERMANENT RESIDENTS.
(a) Elimination of Administrative Hearing for Certain Criminal
Aliens.--Section 242A of the Immigration and Nationality Act (8 U.S.C.
1252a) is amended by adding at the end the following new subsection:
``(c) Deportation of Aliens Who Are Not Permanent Residents.--
``(1) Notwithstanding section 242, and subject to paragraph
(5), the Attorney General may issue a final order of
deportation against any alien described in paragraph (2) whom
the Attorney General determines to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated
felony).
``(2) An alien is described in this paragraph if the
alien--
``(A) was not lawfully admitted for permanent
residence at the time that proceedings under this
section commenced, or
``(B) had permanent resident status on a
conditional basis (as described in section 216) at the
time that proceedings under this section commenced.
``(3) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in his discretion.
``(4) The Attorney General may not execute any order
described in paragraph (1) until 14 calendar days have passed
from the date that such order was issued, unless waived by the
alien, in order that the alien has an opportunity to apply for
judicial review under section 106.''.
(b) Limited Judicial Review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended--
(1) in the first sentence of subsection (a), by inserting
``or pursuant to section 242A'' after ``under section 242(b)'';
(2) in subsection (a)(1) and subsection (a)(3), by
inserting ``(including an alien described in section 242A)''
after ``aggravated felony''; and
(3) by adding at the end the following new subsection:
``(d) Notwithstanding subsection (c), a petition for review or for
habeas corpus on behalf of an alien described in section 242A(c) may
only challenge whether the alien is in fact an alien described in such
section, and no court shall have jurisdiction to review any other
issue.''.
(c) Technical Amendments.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In General.--'' and inserting
the following:
``(b) Deportation of Permanent Resident Aliens.--
``(1) in general.--''; and
(B) by inserting in the first sentence ``permanent
resident'' after ``correctional facilities for'';
(2) in subsection (b)--
(A) by striking ``(b) Implementation.--'' and
inserting ``(2) implementation.--''; and
(B) by striking ``respect to an'' and inserting
``respect to a permanent resident'';
(3) by striking subsection (c);
(4) in subsection (d)--
(A) by striking ``(d) Expedited Proceedings.--(1)''
and inserting ``(3) expedited proceedings.--(A)'';
(B) by inserting ``permanent resident'' after ``in
the case of any''; and
(C) by striking ``(2)'' and inserting ``(B)'';
(5) in subsection (e)--
(A) by striking ``(e) Review.--(1)'' and inserting
``(4) review.--(A)'';
(B) by striking the second sentence; and
(C) by striking ``(2)'' and inserting ``(B)'';
(6) by inserting after the section heading the following
new subsection:
``(a) Presumption of Deportability.--An alien convicted of an
aggravated felony shall be conclusively presumed to be deportable from
the United States.''; and
(7) by amending the heading to read as follows:
``expedited deportation of aliens convicted of committing aggravated
felonies''.
(d) Effective Date.--The amendments made by this section shall
apply to all aliens against whom deportation proceedings are initiated
after the date of enactment of this Act.
SEC. 5003. JUDICIAL DEPORTATION.
(a) Judicial Deportation.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the
following new subsection:
``(d) Judicial Deportation.--
``(1) Authority.--Notwithstanding any other provision of
this Act, a United States district court shall have
jurisdiction to enter a judicial order of deportation at the
time of sentencing against an alien whose criminal conviction
causes such alien to be deportable under section
241(a)(2)(A)(iii) (relating to conviction of an aggravated
felony), if such an order has been requested prior to
sentencing by the United States Attorney with the concurrence
of the Commissioner.
``(2) Procedure.--
``(A) The United States Attorney shall provide
notice of intent to request judicial deportation
promptly after the entry in the record of an
adjudication of guilt or guilty plea. Such notice shall
be provided to the court, to the alien, and to the
alien's counsel of record.
``(B) Notwithstanding section 242B, the United
States Attorney, with the concurrence of the
Commissioner, shall file at least 20 days prior to the
date set for sentencing a charge containing factual
allegations regarding the alienage of the defendant and
satisfaction by the defendant of the definition of
aggravated felony.
``(C) If the court determines that the defendant
has presented substantial evidence to establish prima
facie eligibility for relief from deportation under
section 212(c), the Commissioner shall provide the
court with a recommendation and report regarding the
alien's eligibility for relief under such section. The
court shall either grant or deny the relief sought.
``(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against him or her,
to present evidence on his or her own behalf, and to
cross-examine witnesses presented by the Government.
``(ii) The court, for the purposes of determining
whether to enter an order described in paragraph (1),
shall only consider evidence that would be admissible
in proceedings conducted pursuant to section 242(b).
``(iii) Nothing in this subsection shall limit the
information a court of the United States may receive or
consider for the purposes of imposing an appropriate
sentence.
``(iv) The court may order the alien deported if
the Attorney General demonstrates by clear and
convincing evidence that the alien is deportable under
this Act.
``(3) Notice, appeal, and execution of judicial order of
deportation.--
``(A)(i) A judicial order of deportation or denial
of such order may be appealed by either party to the
court of appeals for the circuit in which the district
court is located.
``(ii) Except as provided in clause (iii), such
appeal shall be considered consistent with the
requirements described in section 106.
``(iii) Upon execution by the defendant of a valid
waiver of the right to appeal the conviction on which
the order of deportation is based, the expiration of
the period described in section 106(a)(1), or the final
dismissal of an appeal from such conviction, the order
of deportation shall become final and shall be executed
at the end of the prison term in accordance with the
terms of the order.
``(B) As soon as is practicable after entry of a
judicial order of deportation, the Commissioner shall
provide the defendant with written notice of the order
or deportation, which shall designate the defendant's
country of choice for deportation and any alternate
country pursuant to section 243(a).
``(4) Denial of judicial order.--Denial of a request for a
judicial order of deportation shall not preclude the Attorney
General from initiating deportation proceedings pursuant to
section 242 upon the same ground of deportability or upon any
other ground of deportability provided under section 241(a).''.
(b) Technical Amendment.--The ninth sentence of section 242(b) of
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by
striking ``The'' and inserting ``Except as provided in section 242A(d),
the''.
(c) Effective Date.--The amendments made by this section shall
apply to all aliens whose adjudication of guilt or guilty plea is
entered in the record after the date of enactment of this Act.
SEC. 5004. RESTRICTING DEFENSES TO DEPORTATION FOR CERTAIN CRIMINAL
ALIENS.
(a) Defenses Based on Seven Years of Permanent Residence.--The last
sentence of section 212(c) of the Immigration and Nationality Act (8
U.S.C. 1182(c)) is amended by striking ``has served for such felony or
felonies'' and all that follows through the period and inserting ``has
been sentenced for such felony or felonies to a term of imprisonment of
at least 5 years, if the time for appealing such conviction or sentence
has expired and the sentence has become final.''.
(b) Defenses Based on Withholding of Deportation.--Section
243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2))
is amended--
(1) by striking the final sentence and inserting the
following new subparagraph:
``(E) the alien has been convicted of an aggravated
felony.''; and
(2) by striking ``or'' at the end of subparagraph (C) and
inserting ``or'' at the end of subparagraph (D).
SEC. 5005. ENHANCING PENALTIES FOR FAILING TO DEPART, OR REENTERING,
AFTER FINAL ORDER OF DEPORTATION.
(a) Failure To Depart.--Section 242(e) of the Immigration and
Nationality Act (8 U.S.C. 1252(e)) is amended--
(1) by striking ``paragraph (2), (3), or 4 of'' the first
time it appears; and
(2) by striking ``shall be imprisoned not more than ten
years'' and inserting ``shall be imprisoned not more than four
years, or shall be imprisoned not more than ten years if the
alien is a member of any of the classes described in paragraph
(1)(E), (2), (3), or (4) of section 241(a).''.
(b) Reentry.--Section 276(b) of the Immigration and Nationality Act
(8 U.S.C. 1326(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after ``commission of'' the
following: ``three or more misdemeanors invoving drugs,
crimes against the person, or both, or''; and
(B) by striking ``5'' and inserting ``10'';
(2) in paragraph (2), by striking ``15'' and inserting
``20''; and
(3) by adding at the end the following sentence:
``For the purposes of this subsection, the term `deportation' includes
any agreement in which an alien stipulates to deportation during a
criminal trial under either Federal or State law.''.
(c) Collateral Attacks on Underlying Deportation Order.--Section
276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended
by adding after subsection (b) the following new subsection:
``(c) In a criminal proceeding under this section, an alien may not
challenge the validity of the deportation order described in subsection
(a)(1) or subsection (b) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
SEC. 5006. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) Form of Deportation Hearings.--The second sentence of section
242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is
amended by inserting before the period the following: ``; except that
nothing in this subsection shall preclude the Attorney General from
authorizing proceedings by electronic or telephonic media (with the
consent of the alien) or, where waived or agreed to by the parties, in
the absence of the alien.''.
(b) Construction of Expedited Deportation Requirements.-- No
amendment made by this Act and nothing in section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1252(i)) shall be construed
to create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or its
agencies or officers or any other person.
SEC. 5007. CRIMINAL ALIEN TRACKING CENTER.
(a) Operation.--The Commissioner of Immigration and Naturalization,
with the cooperation of the Director of the Federal Bureau of
Investigation and the heads of other agencies, shall, under the
authority of section 242(a)(3)(A) of the Immigration and Nationality
Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien tracking center.
(b) Purpose.--The criminal alien tracking center shall be used to
assist Federal, State, and local law enforcement agencies in
identifying and locating aliens who may be subject to deportation by
reason of their conviction of aggravated felonies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 1994
and $2,000,000 for each of fiscal years 1995, 1996, 1997, and 1998.
TITLE LI--GENERAL PROVISIONS
SEC. 5101. CREDITING OF ``GOOD TIME''.
Section 3624 of title 18, United States Code, is amended--
(1) by striking ``he'' each place it appears and inserting
``the prisoner'';
(2) by striking ``his'' each place it appears and inserting
``the prisoner's'';
(3) in subsection (d) by striking ``him'' and inserting
``the prisoner''; and
(4) in subsection (b)--
(A) in the first sentence by inserting ``(other
than a prisoner serving a sentence for a crime of
violence)'' after ``A prisoner''; and
(B) by inserting after the first sentence the
following: ``A prisoner who is serving a term of
imprisonment of more than 1 year for a crime of
violence, other than a term of imprisonment for the
duration of the prisoner's life, may, at the discretion
of the Bureau, receive credit toward the service of the
prisoner's sentence, beyond the time served, of up to
54 days at the end of each year of the prisoner's term
of imprisonment, beginning at the end of the first year
of the term, if the Bureau of Prisons determines that,
during that year, the prisoner has displayed exemplary
compliance with such institutional disciplinary
regulations.''.
SEC. 5102. PROHIBITION ON PAYMENT OF FEDERAL BENEFITS TO ILLEGAL
ALIENS.
(a) Direct Financial Benefits.--Notwithstanding any other law, no
direct Federal financial benefit or social insurance benefit may be
paid, or otherwise given, to any person not lawfully present within the
United States for Aid to Dependent Children (AFDC), Supplemental
Security Income (SSI) for the Aged, Blind, and Disabled; Food Stamps;
Medicaid except for emergency conditions; legal services; assistance
under the Job Training and Partnership Act; unemployment compensation;
and postsecondary student financial aid.
(b) Unemployment Benefits.--No alien who has not been granted
employment authorization pursuant to Federal law shall be eligible for
unemployment compensation under an unemployment compensation law of a
State or the United States.
(c) Definition.--In this section, ``persons not lawfully present
within the United States'' means persons who at the time they applied
for, receive, or attempt to receive a Federal benefit are not either a
United States citizen, a permanent resident alien, an asylee or asylee
applicant, a refugee, a parolee, a nonimmigrant in status under the
Immigration and Nationality Act, or admitted with temporary protected
status, or temporary residents, or persons granted Family Unity
Protection Status under the INA.
SEC. 5103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT.
(a) Exhaustion of Administrative Remedies.--Section 7 of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``ninety days''
and inserting ``180 days''; and
(B) in paragraph (2), by inserting before the
period at the end the following: ``or are otherwise
fair and effective''; and
(2) in subsection (c)--
(A) in paragraph (1) by inserting before the period
at the end the following: ``or are otherwise fair and
effective''; and
(B) in paragraph (2) by inserting before the period
at the end the following: ``or is no longer fair and
effective''.
(b) Proceedings in Forma Pauperis.--Section 1915(d) of title 28,
United States Code, is amended to read as follows:
``(d) The court may request an attorney to represent any such
person unable to employ counsel and may dismiss the case if the
allegation of poverty is untrue, or if satisfied that the action fails
to state a claim upon which relief can be granted or is frivolous or
malicious.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act.
SEC. 5104. AWARDS OF ATTORNEY'S FEES.
Section 526 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1)(A) A current or former Department of Justice attorney;
agent; or employee who supervises an agent who is the subject of a
criminal or disciplinary investigation, instituted on or after the date
of enactment of this subsection, arising out of acts performed in the
discharge of his or her duties in prosecuting or investigating a
criminal matter, who is not provided representation under Department of
Justice regulations, shall be entitled to reimbursement of reasonable
attorney's fees incurred during and as a result of the investigation if
the investigation does not result in adverse action against the
attorney, agent, or employee.
``(B) A current or former attorney; agent; or employee who
supervises an agent employed as or by a Federal public defender who is
the subject of a criminal or disciplinary investigation instituted on
or after the date of enactment of this subsection, arising out of acts
performed in the discharge of his or her duties in defending or
investigating a criminal matter in connection with the public defender
program, who is not provided representation by a Federal public
defender or the Administrative Office of the United States Courts is
entitled to reimbursement of reasonable attorney's fees incurred during
and as a result of the investigation if the investigation does not
result in adverse action against the attorney, agent, or employee.
``(2) For purposes of paragraph (1), an investigation shall be
considered not to result in adverse action against an attorney, agent,
or employee if--
``(A) in the case of a criminal investigation, the
investigation does not result in indictment of, the filing of a
criminal complaint against, or the entry of a plea of guilty by
the attorney, agent, or supervising employee; and
``(B) in the case of a disciplinary investigation, the
investigation does not result in discipline or results in only
discipline less serious than a formal letter of reprimand
finding actual and specific wrongdoing.
``(3) The Attorney General shall provide notice in writing of the
conclusion and result of an investigation described in paragraph (1).
``(4) An attorney, agent, or supervising employee who was the
subject of an investigation described in paragraph (1) may waive his or
her entitlement to reimbursement of attorney's fees under paragraph (1)
as part of a resolution of a criminal or disciplinary investigation.
``(5) An application for attorney fee reimbursement under this
subsection shall be made not later than 180 days after the attorney,
agent, or employee is notified in writing of the conclusion and result
of the investigation.
``(6) Upon receipt of a proper application under this subsection
for reimbursement of attorney's fees, the Attorney General and the
Director of the Administrative Office of the United States Courts shall
award reimbursement for the amount of attorney's fees that are found to
have been reasonably incurred by the applicant as a result of an
investigation.
``(7) The official making an award under this subsection shall make
inquiry into the reasonableness of the amount requested, and shall
consider--
``(A) the sufficiency of the documentation accompanying the
request;
``(B) the need or justification for the underlying item;
``(C) the reasonableness of the sum requested in light of
the nature of the investigation; and
``(D) current rates for equal services in the community in
which the investigation took place.
``(8)(A) Reimbursements of attorney's fees ordered under this
subsection by the Attorney General shall be paid from the appropriation
made by section 1304 of title 31, United States Code.
``(B) Reimbursements of attorney's fees ordered under this Act by
the Director of the Administrative Office of the United States Courts
shall be paid from appropriations authorized by section 3006A(i) of
title 18, United States Code.
``(9) The Attorney General and the Director of the Administrative
Office of the United States Courts may delegate their powers and duties
under this subsection to an appropriate subordinate.''.
SEC. 5105. TASK FORCE AND CRIMINAL PENALTIES RELATING TO THE
INTRODUCTION OF NONINDIGENOUS SPECIES.
(a) Task Force.--
(1) In general.--The Attorney General is authorized to
convene a law enforcement task force in Hawaii to facilitate
the prosecution of violations of Federal laws, and laws of the
State of Hawaii, relating to the wrongful conveyance, sale, or
introduction of nonindigenous plant and animal species.
(2) Membership.--(A) The task force shall be composed of
representatives of--
(i) the Office of the United States Attorney for
the District of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection
Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office of the
Department of Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the
State of Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and Natural
Resources; and
(xii) such other individuals as the Attorney
General deems appropriate.
(B) The Attorney General shall, to the extent practicable,
select individuals to serve on the task force who have
experience with the enforcement of laws relating to the
wrongful conveyance, sale, or introduction of nonindigenous
species.
(3) Duties.--The task force shall--
(A) provide mutual assistance to Federal and State
law enforcement agencies in the prosecution of
violations of laws relating to the conveyance, sale, or
introduction of nonindigenous species into Hawaii; and
(B) make recommendations on ways to strengthen
Federal and State laws and law enforcement strategies
designed to prevent the introduction of nonindigenous
species.
(4) Report.--The task force shall report to the Attorney
General and to the Judiciary Committees of the Senate and House
of Representatives on--
(A) the progress of its enforcement efforts; and
(B) the adequacy of existing Federal laws and laws
of the State of Hawaii which relate to the introduction
of nonindigenous species.
Thereafter, the task force shall make such reports as the task
force deems appropriate.
(5) Consultation.--The task force shall consult with Hawaii
agricultural interests and representatives of Hawaii
conservation organizations about methods of preventing the
wrongful conveyance, sale, or introduction of nonindigenous
plant and animal species into Hawaii.
(b) Criminal Penalty.--
(1) In general.--Chapter 83 of title 18, United States
Code, is amended by inserting after section 1716C the following
new section:
``Sec. 1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and plants
``A person who knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the direction
thereon, or at any place at which it is directed to be delivered by the
person to whom it is addressed, anything that section 3015 of title 39
declares to be nonmailable matter shall be fined under this title,
imprisoned not more than 1 year, or both.''.
(2) Technical amendment.--The chapter analysis for chapter
83 of title 18, United States Code, is amended by inserting
after the item relating to section 1716C the following new
item:
``1716D. Nonmailable injurious animals, plant pests, plants, and
illegally taken fish, wildlife, and
plants.''.
SEC. 5106. SENSE OF THE SENATE REGARDING THE ROLE OF THE UNITED NATIONS
IN INTERNATIONAL ORGANIZED CRIME CONTROL.
(a) Findings.--The Senate finds that--
(1) international criminal activity has increased
dramatically over the past decade and has been facilitated by
modern developments in transportation and communications,
relaxed travel restrictions, and the greatly increased volume
of international trade;
(2) the expansion of international criminal activity is
reflected in the growth of requests for mutual legal assistance
and extradition made between the United States and other
countries, the number of such requests having increased from
535 in 1984 to 2,238 in 1992;
(3) the global reach of organized crime constitutes a
serious threat to the security and stability of sovereign
nations;
(4) the expanding scope of international organized crime
necessitates greater cooperation among nations to prosecute and
eliminate organized criminal groups;
(5) there is an urgent need for new approaches designed to
allow the international law enforcement community to pursue
international criminals across national boundaries;
(6) the United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances has helped bring
about improved international cooperation with respect to
narcotics;
(7) the current role of the United Nations with respect to
international organized crime is limited by the lack of a
binding international convention dealing with the broad range
of organized criminal activity beyond narcotics;
(8) the United Nations Commission on Crime Prevention and
Criminal Justice has successfully facilitated the negotiation
and implementation of mutual legal assistance and extradition
treaties between certain nations,and has helped train nations
to effectively execute the terms of such treaties; and
(9) the United Nations Commission on Crime Prevention and
Criminal Justice currently has limited authority and resources.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States should encourage the development of a
United Nations Convention on Organized Crime; and
(2) the United Nations should--
(A) provide significant additional resources to the
Commission on Crime Prevention and Criminal Justice;
(B) consider an expansion of the Commission's role
and authority; and
(C) seek a cohesive approach to the international
organized crime problem.
SEC. 5107. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.
(a) Task Force.--The Director of the National Institute of
Corrections shall, subject to availability of appropriations, establish
a task force composed of Federal, State, and local officials expert in
prison construction, and of at least an equal number of engineers,
architects, and construction experts from the private sector with
expertise in prison design and construction, including the use of cost-
cutting construction standardization techniques and cost-cutting new
building materials and technologies.
(b) Cooperation.--The task force shall work in close cooperation
and communication with other State and local officials responsible for
prison construction in their localities.
(c) Performance Requirements.--The task force shall work to--
(1) establish and recommend standardized construction plans
and techniques for prison and prison component construction;
and
(2) evaluate and recommend new construction technologies,
techniques, and materials,
to reduce prison construction costs at the Federal, State, and local
levels and make such construction more efficient.
(d) Dissemination.--The task force shall disseminate information
described in subsection (c) to State and local officials involved in
prison construction, through written reports and meetings.
(e) Promotion and Evaluation.--The task force shall--
(1) work to promote the implementation of cost-saving
efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of
such cost-saving efforts as adopted, broadly disseminating
information on the results; and
(3) to the extent feasible, certify the effectiveness of
the cost-savings efforts.
SEC. 5108. REPORT ON SUCCESS OF ROYAL HONG KONG POLICE RECRUITMENT.
Not later than 6 months after the date of enactment of this Act,
the Attorney General, in concert with the Director of the Federal
Bureau of Investigation, the Administrator of the Drug Enforcement
Agency, the Commissioner of the Immigration and Naturalization Service,
and the Commissioner of the Customs Service, shall report to Congress
and the President on the efforts made, and the success of such efforts,
to recruit and hire former Royal Hong Kong Police officers into Federal
law enforcement positions. The report shall discuss any legal or
administrative barriers preventing a program of adequate recruitment of
former Royal Hong Kong Police officers.
SEC. 5109. INTERSTATE WAGERING.
Section 1301 of title 18, United States Code, is amended by
inserting ``or, being engaged in the business of procuring for a person
in 1 State such a ticket, chance, share, or interest in a lottery,
gift, enterprise or similar scheme conducted by another State (unless
that business is permitted under an agreement between the States in
question or appropriate authorities of those States), knowingly
transmits in interstate or foreign commerce information to be used for
the purpose of procuring such a ticket, chance, share, or interest;''
after ``scheme;''.
SEC. 5110. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting the following new section:
``removal of alien terrorists
``Sec. 242C. (a) Definitions.--As used in this section--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
subsection (c) of this section; and
``(5) the `special removal hearing' means the hearing
described in subsection (e) of this section.
``(b) Application for Use of Procedures.--The provisions of this
section shall apply whenever the Attorney General certifies under seal
to the special court that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would pose
a risk to the national security of the United States because
such proceedings would disclose classified information.
``(c) Special Court.--(1) The Chief Justice of the United States
shall publicly designate up to 7 judges from up to 7 United States
judicial districts to hear and decide cases arising under this section,
in a manner consistent with the designation of judges described in
section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
``(2) The Chief Justice may, in the Chief Justice's discretion,
designate the same judges under this section as are designated pursuant
to section 1803(a) of title 50, United States Code.
``(d) Invocation of Special Court Procedure.--(1) When the Attorney
General makes the application described in subsection (b), a single
judge of the special court shall consider the application in camera and
ex parte.
``(2) The judge shall invoke the procedures of subsection (e), if
the judge determines that there is probable cause to believe that--
``(A) the alien who is the subject of the application has
been correctly identified;
``(B) a deportation proceeding described in section 242,
242A, or 242B would pose a risk to the national security of the
United States because such proceedings would disclose
classified information; and
``(C) the threat posed by the alien's physical presence is
immediate and involves the risk of death or serious bodily
harm.
``(e) Special Removal Hearing.--(1) Except as provided in paragraph
(4), the special removal hearing authorized by a showing of probable
cause described in subsection (d)(2) shall be open to the public.
``(2) The alien shall have a right to be present at such hearing
and to be represented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel assigned to represent
such alien. Counsel may be appointed as described in section 3006A of
title 18, United States Code.
``(3) The alien shall have a right to introduce evidence on his own
behalf, and except as provided in paragraph (4), shall have a right to
cross-examine any witness or request that the judge issue a subpoena
for the presence of a named witness.
``(4) The judge shall authorize the introduction in camera and ex
parte of any item of evidence for which the judge determines that
public disclosure would pose a risk to the national security of the
United States because it would disclose classified information.
``(5) With respect to any evidence described in paragraph (4), the
judge shall cause to be delivered to the alien either--
``(A)(i) the substitution for such evidence of a statement
admitting relevant facts that the specific evidence would tend
to prove, or (ii) the substitution for such evidence of a
summary of the specific evidence; or
``(B) if disclosure of even the substituted evidence
described in subparagraph (A) would create a substantial risk
of death or serious bodily harm to any person, a statement
informing the alien that no such summary is possible.
``(6) If the judge determines--
``(A) that the substituted evidence described in paragraph
(4)(B) will provide the alien with substantially the same
ability to make his defense as would disclosure of the specific
evidence, or
``(B) that disclosure of even the substituted evidence
described in paragraph (5)(A) would create a substantial risk
of death or serious bodily harm to any person,
then the determination of deportation (described in subsection (f)) may
be made pursuant to this section.
``(f) Determination of Deportation.--(1) If the determination in
subsection (e)(6)(A) has been made, the judge shall, considering the
evidence on the record as a whole, require that the alien be deported
if the Attorney General proves, by clear and convincing evidence, that
the alien is subject to deportation because he is an alien as described
in section 241(a)(4)(B).
``(2) If the determination in subsection (e)(6)(B) has been made,
the judge shall, considering the evidence received (in camera and
otherwise), require that the alien be deported if the Attorney General
proves, by clear, convincing, and unequivocal evidence, that the alien
is subject to deportation because he is an alien as described in
section 241(a)(4)(B).
``(g) Appeals.--(1) The alien may appeal a determination under
subsection (f) to the court of appeals for the Federal Circuit, by
filing a notice of appeal with such court within 20 days of the
determination under such subsection.
``(2) The Attorney General may appeal a determination under
subsection (d), (e), or (f) to the court of appeals for the Federal
Circuit, by filing a notice of appeal with such court within 20 days of
the determination under any one of such subsections.
``(3) When requested by the Attorney General, the entire record of
the proceeding under this section shall be transmitted to the court of
appeals under seal. The court of appeals shall consider such appeal in
camera and ex parte.''.
SEC. 5111. MANDATORY LIFE IMPRISONMENT OF PERSONS CONVICTED OF A THIRD
VIOLENT FELONY.
Section 3581 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(c) Imprisonment of Certain Violent Felons.--
``(1) Definition.--In this section, `violent felony' means
a crime of violence (as defined in section 16) under Federal or
State law that--
``(A) involves the threatened use, use, or risk of
use of physical force against the person of another;
``(B) is punishable by a maximum term of 5 years or
more; and
``(C) is not designated as a misdemeanor by the law
that defines the offense.
``(2) Mandatory life imprisonment.--Notwithstanding any
other provision of this title or any other law, in the case of
a conviction for a Federal violent felony, the court shall
sentence the defendant to prison for life if the defendant has
been convicted of a violent felony on 2 or more prior
occasions.
``(3) Rule of construction.--This subsection shall not be
construed to preclude imposition of the death penalty.''.
SEC. 5112. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) In General.--In the administration of each grant program funded
by appropriations authorized by this Act or by an amendment made by
this Act, the Attorney General shall--
(1) encourage innovative methods for the low-cost
construction of facilities to be constructed, converted, or
expanded and the low-cost operation of such facilities and the
reduction of administrative costs and overhead expenses; and
(2) give priority to the use of surplus Federal property.
(b) Assessment of Construction Components and Designs.--Not later
than 1 year after the date of enactment of this Act, the Attorney
General shall make an assessment of the cost efficiency and utility of
using modular, prefabricated, precast, and pre-engineered construction
components and designs for housing nonviolent criminals.
(c) Sense of Congress.--It is the sense of the Congress that in
providing assistance to State and local governments, the Attorney
General should emphasize the provision of technical assistance in
implementing methods to promote cost efficiency and realization of
savings.
SEC. 5113. RESTRICTION ON PAYMENT OF BENEFITS TO INDIVIDUALS CONFINED
BY COURT ORDER TO PUBLIC INSTITUTIONS PURSUANT TO
VERDICTS OF NOT GUILTY BY REASON OF INSANITY OR OTHER
MENTAL DISORDER.
(a) Section 202(x) of the Social Security Act (42 U.S.C. 402(x)) is
amended--
(1) in the heading, by inserting ``and Certain Other
Inmates of Public Institutions'' after ``Prisoners'';
(2) in paragraph (1) add ``(A)'' after ``(1)'';
(3) in paragraph (1), by inserting at the end: ``(B)
Notwithstanding any other provision of this subchapter, no
monthly benefits shall be paid under this section or under
section 423 of this title to any individual for any month
during which such individual is confined in any public
institution by a court order pursuant to a verdict that the
individual is not guilty of such an offense by reason of
insanity (or by reason of a similar finding, such as a mental
disease, a mental defect, or mental incompetence, unless the
payment is made directly to the public institution to
compensate the institution for its expenses.''.
(4) in paragraph (3), by striking ``any individual'' and
all that follows and inserting ``any individual confined as
described in paragraph (1) if the jail, prison, penal
institution, correctional facility, or other public institution
to which such individual is so confined is under the
jurisdiction of such agency and the Secretary requires such
information to carry out the provisions of this section.''.
(b) Effective date.--The amendments made by subsection (a) shall
apply with respect to benefits for months commencing after 90 days
after the date of the enactment of this Act.
SEC. 5114. DEFINITION.
Section 1201 of title 18, United States Code, is amended by adding
at the end thereof the following:
``(h) As used in this section, the term `parent' does not include
any person whose parental rights as to the victim of an offense under
this section have been terminated by a final court order.''.
SEC. 5115. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751), as amended by section 621, is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(24) programs for the prosecution of driving while
intoxicated charges and the enforcement of other laws relating
to alcohol use and the operation of motor vehicles.''.
SEC. 5116. PARENTAL ACCOUNTABILITY.
(a) In General.--Chapter 43 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 5043. Civil penalties for parents of certain juvenile offenders
``(a) In General.--(1) The parent or legal guardians of any
juvenile charged with any violation of Federal law shall attend all
court proceedings involving the juvenille, and
``(2) Except as provided in subsection (b), the parents or legal
guardians of a juvenile who has been convicted of a criminal offense
under any Federal law may be liable to the United States for a civil
penalty of not more than $10,000.
``(b) Exercise of Parental Responsibility.--The court may decline
to enforce, if it would cause undue hardship, subsection (a)(1) or to
impose a fine under subsection (a)(2) if the court makes an affirmative
determination that under the circumstances, the parents or legal
guardians exercised reasonable care, supervision and control of the
juvenile and counseled the juvenile that criminal activity is not
acceptable.
``(c) Amount of Fine.--
``(1) Mandatory Minimum.--In no case shall a fine imposed
under subsection (a) be less than $100.
``(2) Financial Hardship.--In no case shall a fine imposed
under subsection (a) be less than $500 unless the court makes a
finding that a fine in that amount would impose a severe
financial hardship on the family of the parent or legal
guardians.
``(3) If the court determines that the parents or legal
guardians are not financially able to pay the fine immediately,
the court may set a schedule by which the fine will be paid
over time.
``(d) Community Service or Parenting Classes in Lieu of Civil
Penalty.--A parent or legal guardian ordered to pay a civil penalty
under this section may petition the court to perform such community
service or attend and successfully complete parenting classes, as the
court determines to be appropriate, in lieu of the civil penalty.
``(e) Definitions.--
``(1) For the purposes of this section, the term `juvenile'
means any person who is under 18 years of age.
``(2) For the purpose of this section, the term `parent'
means a biological or custodial parent who has legal
responsibility for the juvenile at the time the crime was
committed.''.
(b) Technical Amendment.--The chapter analysis for chapter 403 of
title 18, United States Code, is amended by adding at the end the
following new item:
``5043. Civil penalties for parents of certain juvenile offenders.''.
SEC. 5117. PROTECTION OF RECIPIENTS IN COUNTERTERRORISM REWARDS
PROGRAM.
(a) Counterterriorism Rewards Program.--Section 36(e) of the State
Department Basic Authorities Act (22 U.S.C. 2708) is amended--
(1) by inserting ``(1)'' immediately after ``(e)''; and
(2) by adding the following to the end of section 36(e):
``(2) Relocation of program participants.--(A) Whenever the
information that would justify a reward under subsection (a) is
furnished by an alien, and the Secretary of State and Attorney
General jointly determine that the protection of such alien or
members of the immediate family of the alien requires the
admission of such alien or aliens to the United States, then
such alien and the members of the immediate family of the
alien, if necessary, may be admitted to the United States
without regard to the requirements of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and shall be eligible
for permanent residence as provided in paragraph (4)(A) below.
``(B) The total number of aliens admitted to the United
States under subparagraph (A) shall not exceed 25 in any fiscal
year.
``(3) Conditions of entry for rewards for program
participants.--(A) Any alien admitted under subsection (e) who
otherwise would be inadmissible under section 212(a)(2) or
212(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182) shall be admitted and permitted to remain in the United
States on the condition that the person: (i) shall have
executed a form that waives the alien's right to contest, other
than on the basis of an application for withholding of
deportation, any action for deportation of the alien instituted
before the alien obtains lawful permanent resident status, (ii)
is not convicted of any criminal offense in the United States
since the date of such admission, and (iii) shall report not
less often than quarterly to the Commissioner of the
Immigration and Naturalization Service such information
concerning the alien's whereabouts and activities as the
Secretary of State and the Attorney General may require.
``(B) The Secretary of State and the Attorney General shall
submit a report annually to the Committees on the Judiciary of
the House of Representatives and of the Senate concerning (i)
the number of such aliens admitted, (ii) the number of
terrorist acts prevented, frustrated, or thwarted or
prosecutions or investigations resulting from cooperation of
such aliens, and (iii) the number of such aliens who have
failed to report quarterly (as required under paragraph
(3)(A)(i)(I) or who have been convicted of crimes in the United
States after the date of their admission.
``(4) Adjustment to permanent resident status.--(A) If, in
the opinion of the Attorney General, in consultation with the
Secretary of State, the alien admitted into the United States
under section 36(e) of the State Department Basic Authorities
Act has supplied information that has contributed to the
prevention, frustration, or favorable resolution of a terrorist
act or has substantially contributed to an authorized
investigation or the prosecution of an individual described in
section 36(a) (1) and (2) of such section, the Attorney General
may adjust the status of the alien (and the alien's immediate
relatives if admitted under such section) to that of an alien
admitted for permanent residence if the alien is not described
in section 212(a)(3)(E) of the Immigration and Nationality Act:
provided further, That if the alien is subject to paragraph
(3)(A) above, such adjustment may be made not earlier than 3
years after the date of admission and upon a determination by
the Attorney General in consultation with the Secretary of
State that the conditions of paragraph (3)(A) (i) through (iii)
have been met.
``(B) Upon the approval of adjustment of status under
subparagraph (A), the Attorney General shall record the alien's
lawful admission for permanent residence as of the date of such
approval and the Secretary of State shall reduce by one the
number of visas authorized to be issued under sections 201(d)
and 203(b)(4) of the Immigration and Nationality Act for the
fiscal year then current.''.
(b) Exclusive Means of Adjustment.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), as amended by
section 725, is further amended by striking ``or'' before ``(5)'' and
by inserting before the period the following: ``; or (6) an alien who
was admitted pursuant to section 36(e) of the State Department Basic
Authorities Act''.
(c) Extending Period of Deportation for Conviction of a Crime.--
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1251(a)(2)(A)(i)(I)), as amended by section 725, is further
amended by inserting ``or section 36(e)(4)(A) of the State Department
Basic Authorities Act'' after section 245(h) in the parenthetical ``(or
10 years in the case of an alien provided lawful permanent resident
status under section 245(h))''.
SEC. 5118. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) Definition.--In this section, ``major violent crime or drug-
related emergency'' means an occasion or instance in which violent
crime, drug smuggling, drug trafficking, or drug abuse violence reaches
such levels, as determined by the President, in consultation with the
Attorney General, that Federal assistance is needed to supplement State
and local efforts and capabilities to save lives, and to protect
property and public health and safety.
(b) Declaration of Violent Crime and Drug Emergency Areas.--If a
major violent crime or drug-related emergency exists throughout a State
or a part of a State, the President, in consultation with the Attorney
General and other appropriate officials, may declare the State or part
of a State to be a violent crime or drug emergency area and may take
any and all necessary actions authorized by this section and other law.
For the purposes of this section, the term ``State'' shall be deemed to
include the District of Columbia and any United States territory or
possession.
(c) Procedure.--
(1) In general.--A request for a declaration designating an
area to be a violent crime or drug emergency area shall be
made, in writing, by the chief executive officer of a State or
local government, respectively (or in the case of the District
of Columbia, the mayor), and shall be forwarded to the Attorney
General in such form as the Attorney General may by regulation
require. One or more cities, counties, States, or the District
of Columbia may submit a joint request for designation as a
major violent crime or drug emergency area under this
subsection.
(2) Finding.--A request made under paragraph (1) shall be
based on a written finding that the major violent crime or
drug-related emergency is of such severity and magnitude that
Federal assistance is necessary to ensure an effective response
to save lives and to protect property and public health and
safety.
(d) Irrelevancy of Population density.--The President shall not
limit declarations made under this section to highly populated centers
of violent crime or drug trafficking, drug smuggling, or drug use, but
shall also consider applications from governments of less populated
areas where the magnitude and severity of such activities is beyond the
capability of the State or local government to respond.
(e) Requirements.--As part of a request for a declaration under
this section, and as a prerequisite to Federal violent crime or drug
emergency assistance under this section, the chief executive officer of
a State or local government shall--
(1) take appropriate action under State or local law and
furnish information on the nature and amount of State and local
resources that have been or will be committed to alleviating
the major violent crime drug-related emergency;
(2) submit a detailed plan outlining that government's
short- and long-term plans to respond to the violent crime or
drug emergency, specifying the types and levels of Federal
assistance requested and including explicit goals (including
quantitative goals) and timetables; and
(3) specify how Federal assistance provided under this
section is intended to achieve those goals.
(f) Review Period.--The Attorney General shall review a request
submitted pursuant to this section, and the President shall decide
whether to declare a violent crime or drug emergency area, within 30
days after receiving the request.
(g) Federal Assistance.--The President may--
(1) direct any Federal agency, with or without
reimbursement, to utilize its authorities and the resources
granted to it under Federal law (including personnel,
equipment, supplies, facilities, financial assistance, and
managerial, technical, and advisory services) in support of
State and local assistance efforts; and
(2) provide technical and advisory assistance, including
communications support and law enforcement-related intelligence
information; and
(h) Duration of Federal Assistance.--
(1) In general.--Federal assistance under this section
shall not be provided to a violent crime or drug emergency area
for more than 1 year.
(2) Extension.--The chief executive officer of a
jurisdiction may apply to the Attorney General for an extension
of assistance beyond 1 year. The President, in consultation
with the Attorney General, may extend the provision of Federal
assistance for not more than an additional 180 days.
(i) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall issue regulations to
implement this section.
(j) No Effect on Existing Authority.--Nothing in this section shall
diminish or detract from existing authority possessed by the President
or Attorney General.
SEC. 5119. STATE AND LOCAL COOPERATION WITH THE UNITED STATES
IMMIGRATION AND NATURALIZATION SERVICE.
(a) State and Local Cooperation.--Notwithstanding any law,
ordinance or regulation of any State or subdivision thereof to the
contrary, officials of any State or local government or agency, upon
the request of any duly authorized official of the United States
Immigration and Naturalization Service, shall provide information
regarding the identification, location, arrest, prosecution, detention,
and deportation of an alien or aliens who are not lawfully present in
the United States.
(b) Report.--Not later than 6 months after the enactment of this
Act, the Attorney General, in concert with the Commissioner of the
Immigration and Naturalization Service, shall report to the Congress
and the President on the extent to which State and local governments
are not cooperating with the United States Immigration and
Naturalization Service. This report shall identify any State or local
governments that have adopted laws, policies or practices of non-
cooperation with the United States Immigration and Naturalization
Service, the specific nature of those laws, policies or practices, and
their impact on the enforcement of the immigration laws.
(c) Funding Based on Cooperation.--No State or local government or
agency which has been identified in the Attorney General's report
required by the preceding paragraph, which has a policy or practice of
refusing to cooperate with the Immigration and Naturalization Service
regarding the identification, location, arrest, prosecution, detention,
or deportation of aliens who are not lawfully present in the United
States, shall be eligible for any Federal funds from appropriations
made pursuant to a provision of this Act or of an amendment made by
this Act authorizing appropriations, as long as such policy or practice
remains in effect.
SEC. 5120. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT
AND THE NATIONAL LITERACY ACT OF 1991.
(a) Technical Amendment.--The matter preceding paragraph (1) of
section 214(d) of the Department of Education Organization Act (20
U.S.C. 3423a(d)) is amended by striking ``under subsection (a)'' and
inserting ``under subsection (c)''.
(b) Establishment of a Panel and Use of Funds.--Section 601 of the
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended by--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Panel.--The Secretary is authorized to consult with and
convene a panel of experts in correctional education, including program
administrators and field-based professionals in adult corrections,
juvenile services, jails, and community corrections programs, to--
``(1) develop measures for evaluating the effectiveness of
the programs funded under this section; and
``(2) evaluate the effectiveness of such programs.''.
``(h) Use of Funds.--Notwithstanding any other provision of law,
the Secretary may use not more than five percent of funds appropriated
under subsection (i) in any fiscal year to carry out grant-related
activities such as monitoring, technical assistance, and replication
and dissemination.''.
SEC. 5121. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) Guidelines.--The Attorney General, in consultation with the
Secretary of Health and Human Services and the Director of the National
Institute of Justice, shall develop and disseminate to appropriate
entities, including State and local correctional institutions and the
Immigration and Naturalization Service, guidelines for the prevention,
diagnosis, treatment, and followup care of tuberculosis among inmates
of correctional institutions and persons held in holding facilities
operated by or under contract with the Immigration and Naturalization
Service.
(b) Compliance.--The Attorney General shall ensure that prisons in
the Federal prison system and holding facilities operated by or under
contract with the Immigration and Naturalization Service comply with
the guidelines described in subsection (a).
(c) Grants.--
(1) In general.--The Attorney General shall make grants to
State and local correction authorities and public health
authorities to assist in establishing and operation programs
for the prevention, diagnosis, treatment, and followup care of
tuberculosis among inmates of correctional institutions.
(2) Federal share.--The Federal share of funding of a
program funded with a grant under paragraph (1) shall not
exceed 50 percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated $20,000,000 to carry out this section.
SEC. 5122. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
``(a) In General.--The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention and
prevention of domestic violence.
``(b) Eligibility.--To be eligible for a grant under this section,
an entity--
``(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention
in and prevention of domestic violence;
``(2) shall include representatives of pertinent sectors of
the local community, which may include the following--
``(A) health care providers;
``(B) the education community;
``(C) the religious community;
``(D) the justice system;
``(E) domestic violence program advocates;
``(F) human service entities such as State child
services divisions;
``(G) business and civic leaders; and
``(H) other pertinent sectors.
``(c) Applications.--An organization that desires to receive a
grant under this section shall submit to the Secretary an application,
in such form and in such manner as the Secretary shall prescribe
through notice in the Federal Register, that--
``(1) demonstrates that the applicant will serve a
community leadership function, bringing together opinion
leaders from each sector of the community to develop a
coordinated community consensus opposing domestic violence;
``(2) demonstrates a community action component to improve
and expand current intervention and prevention strategies
through increased communication and coordination among all
affected sectors;
``(3) includes a complete description of the applicant's
plan for the establishment and operation of the community
project, including a description of--
``(A) the method for identification and selection
of an administrative committee made up of persons
knowledgeable in domestic violence to oversee the
project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
``(B) the method for identification and selection
of project staff and a project evaluator;
``(C) the method for identification and selection
of a project council consisting of representatives of
the community sectors listed in subsection (b)(2);
``(D) the method for identification and selection
of a steering committee consisting of representatives
of the various community sectors who will chair
subcommittees of the project council focusing on each
of the sectors; and
``(E) a plan for developing outreach and public
education campaigns regarding domestic violence; and
``(4) contains such other information, agreements, and
assurances as the Secretary may require.
``(d) Term.--A grant provided under this section may extend over a
period of not more than 3 fiscal years.
``(e) Conditions on Payment.--Payments under a grant under this
section shall be subject to--
``(1) annual approval by the Secretary; and
``(2) availability of appropriations.
``(f) Geographical Dispersion.--The Secretary shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
``(g) Use of Grant Monies.--
``(1) In general.--A grant made under subsection (a) shall
be used to establish and operate a community project to
coordinate intervention and prevention of domestic violence.
``(2) Requirements.--In establishing and operating a
project, a nonprofit private organization shall--
``(A) establish protocols to improve and expand
domestic violence intervention and prevention
strategies among all affected sectors;
``(B) develop action plans to direct responses
within each community sector that are in conjunction
with development in all other sectors; and
``(C) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 1995; and
``(2) such sums as are necessary for fiscal years 1996,
1997, and 1998,
to remain available until expended.
SEC. 5123. HATE CRIMES STATISTICS ACT.
Section 1(b)(1) of the Hate Crime Statistics Act (Public Law 101-
275, 104 Stat. 140) is amended by adding ``disability,'' after
``religion,''.
SEC. 5124. PENALTIES FOR DOCUMENT FRAUD.
(a) In General.--Section 274C(3) of the Immigration and Nationality
Act (8 U.S.C. 1324c(3)) is amended--
(1) in subparagraph (A), by striking ``not less than $250
and not more than $2,000'' and inserting ``not less than $1,000
and not more than $5,000''; and
(2) in subparagraph (B), by striking ``not less than $2,000
and not more than $5,000'' and inserting ``not less than $5,000
and not more than $10,000''.
(b) Fraud and Misuse of Visas, Permits, and Other Documents.--(1)
Section 1546 of title 18, United States Code, is amended--
(A) in subsection (a), by striking ``not more than five
years'' and inserting ``not more than ten years''; and
(B) in subsection (b), by striking ``not more than two
years'' and inserting ``not more than five years''.
(2) Whoever commits an offense under section 1546(a) or 1546(b) of
title 18, United States Code, shall be fined, in addition to the fines
provided under such section, $10,000 or $5,000, respectively.
(c) Applicability.--This section, and the amendments made by this
section, shall apply to offenses committed on or after the date of
enactment of this Act.
SEC. 5125. USE OF ANTILOITERING LAWS TO FIGHT CRIME.
The Attorney General shall--
(1) study the ways in which antiloitering laws can be used,
without violating the constitutional rights of citizens as
enunciated by the Supreme Court, to eradicate open-air drug
markets and other blatant criminal activity;
(2) prepare a model antiloitering statute and guidelines
for enforcing the statute in such a manner as to prevent,
deter, and punish illegal drug activity and other criminal
activity; and
(3) make the results of the study and the model statute and
guidelines available to Federal, State, and local law
enforcement authorities.
SEC. 5126. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) Court-Appointed Special Advocate Program.--
(1) Reauthorization.--Section 218(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to read
as follows:
``(a) Authorization.--There are authorized to be appropriated to
carry out this subtitle--
``(1) $7,000,000 for fiscal year 1995; and
``(2) $10,000,000 for each of fiscal years 1996, 1997, and
1998.''.
(2) Technical amendment.--Section 216 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by
striking ``this chapter'' and inserting ``this subtitle''.
(b) Child Abuse Training Programs for Judicial Personnel and
Practitioners.--
(1) Reauthorization.--Section 224(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to read
as follows:
``(a) Authorization.--There are authorized to be appropriated to
carry out this subtitle--
``(1) $7,000,000 for fiscal year 1995; and
``(2) $10,000,000 for each of fiscal years 1996, 1997, and
1998.''.
(2) Technical amendment.--Section 221(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by
striking ``this chapter'' and inserting ``this subtitle''.
(c) Grants for Televised Testimony.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7))
to read as follows:
``(7) There are authorized to be appropriated to carry out part N--
``(A) $3,500,000 for fiscal year 1995; and
``(B) $5,000,000 for each of fiscal years 1996, 1997, and
1998.'';
(2) in section 1401 (42 U.S.C. 3796aa) by striking ``and
units of local government'' and inserting ``, units of local
government, and other public and private organizations'';
(3) in section 1402 (42 U.S.C. 3796aa-1) by striking ``to
States, for the use of States and units of local government in
the States'';
(4) in section 1403 (42 U.S.C. 3796aa-2)--
(A) by inserting ``, unit of local government, or
other public or private organization'' after ``of a
State''; and
(B) in paragraphs (3) and (4) by inserting ``in the
case of an application by a State,'' before ``an
assurance'';
(5) by striking section 1405 (42 U.S.C. 3796aa-4); and
(6) in the table of contents by striking the item for
section 1405.
SEC. 5127. LAW DAY U.S.A.
(a) Findings.--Congress finds that--
(1) the first day of May of each year has been designated
as ``Law Day U.S.A.'' and set aside as a special day to advance
equality and justice under law, to encourage citizen support
for law enforcement and law observance, and to foster respect
for law and an understanding of the essential place of law in
the life of every citizen of the United States;
(2) each day, police officers and other law enforcement
personnel perform their duties unflinchingly and without
hesitation;
(3) each year tens of thousands of law enforcement
personnel are injured or assaulted in the course of duty and
many are killed;
(4) law enforcement personnel are devoted to their jobs,
are underpaid for their efforts, and are tireless in their
work; and
(5) law enforcement personnel perform their duties without
adequate recognition.
(b) Expression of Gratitude.--In celebration of ``Law Day,
U.S.A.'', May 1, 1994, the grateful people of this Nation give special
emphasis to all law enforcement personnel of the United States, and
acknowledge the unflinching and devoted service law enforcement
personnel perform as such personnel help preserve domestic tranquillity
and guarantee the legal rights of all individuals of this Nation.
SEC. 5128. TREATMENT OF INDIAN TRIBES UNDER TITLE I OF THE OMNIBUS
CRIME CONTROL AND SAFE STREETS ACT OF 1968.
(a) Matching Fund Source.--
(1) In general.--Section 817 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789m) is
amended--
(A) by amending the heading to read as follows:
``district of columbia and indian tribe matching fund source'';
(B) by inserting ``(a) District of Columbia.--''
before ``Funds''; and
(C) by adding at the end the following new
subsection:
``(b) Indian Tribes.--Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or the United
States Government performing law enforcement functions on any Indian
lands may be used to provide the non-Federal share of the cost of
programs or projects funded under this title.''.
``(2) Technical amendment.--The table of contents of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by amending the item relating to section 817 to read as
follows:
``Sec. 817. District of Columbia and Indian tribe matching fund
source.''.
(b) Definition.--Section 901 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(24) `Indian tribe' means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.''.
SEC. 5129. AGREEMENT TO ASSIST IN LOCATING MISSING CHILDREN UNDER THE
PARENT LOCATOR SERVICE.
(a) In General.--Section 463 of the Social Security Act (42 U.S.C.
663) is amended by adding at the end the following new subsection:
``(f) The Secretary shall enter into an agreement with the Attorney
General of the United States, under which the services of the Parent
Locator Service established under section 653 of this title shall be
made available to the Office of Juvenile Justice and Delinquency
Prevention upon its request for the purpose of locating any parent or
child on behalf of the Office of Juvenile Justice and Delinquency
Prevention. The Parent Locator Service shall charge no fees for
services requested pursuant to this subsection.''.
(b) Conforming Amendment.--Section 463(c) of such Act (42 U.S.C.
663(c)) is amended by striking ``(a), (b) or (e)'' and inserting ``(a),
(b), (e), or (f)''.
(c) Effective Date.--The amendments made by this section shall
become effective on October 1, 1994.
SEC. 5130. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) Directive to Sentencing Commission.--(1) The United States
Sentencing Commission shall promulgate guidelines or amend existing
guidelines to provide that a defendant 18 years of age or older who has
been convicted of an offense shall receive an appropriate sentence
enhancement if the defendant involved a minor in the commission of the
offense.
(2) The Commission shall provide that the guideline enhancement
promulgate pursuant to paragraph (1) shall apply for any offense in
relation to which the defendant has solicited, procured, recruited,
counseled, encouraged, trained, directed, commanded, intimidated, or
otherwise used or attempted to use any person less than 18 years of age
with the intent that the minor would commit a Federal offense.
(b) Relevant Considerations.--In implementing the directive in
subsection (a), the Sentencing Commission shall consider--
(1) the severity of the crime that the defendant intended
the minor to commit;
(2) the number of minors that the defendant used or
attempted to use in relation to the offense;
(3) the fact that involving a minor in a crime of violence
is frequently of even greater seriousness than involving a
minor in a drug trafficking offense, for which the guidelines
already provide a two-level enhancement; and
(4) the possible relevance of the proximity in age between
the offender and the minor(s) involved in the offense.
SEC. 5131. ASYLUM.
(a) Findings.--The Congress finds that--
(1) in the last decade applications for asylum have greatly
exceeded the original 5,000 annual limit provided in the
Refugee Act of 1980, with more than 150,000 asylum applications
filed in fiscal year 1993, and the backlog of cases growing to
340,000;
(2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to
several years;
(3) the delay in processing asylum claims due to the
overwhelming numbers has contributed to numerous problems,
including--
(A) an abuse of the asylum laws by fraudulent
applicants whose primary interest is obtaining work
authority in the United States while their claim
languishes in the backlogged asylum processing system;
(B) the growth of alien smuggling operations, often
involving organized crime;
(C) a drain on limited resources resulting from the
high cost of processing frivolous asylum claims through
our multi-layered system; and
(D) an erosion of public support for asylum, which
is a treaty obligation.
(4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who use
asylum claims to circumvent our immigration and refugee laws
and procedures; and
(5) a comprehensive revision of our asylum law and
procedures is required to address these problems.
(b) Policy.--It is the sense of the Congress that--
(1) asylum is a process intended to protect aliens in the
United States who, because of events occurring after their
arrival here, cannot safely return home;
(2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply
for refugee status at one of our refugee processing offices
abroad;
(3) the immigration, refugee and asylum laws of the United
States should be reformed to provide--
(A) a procedure for the expeditious exclusion of
any asylum applicant who arrives at a port-of-entry
with fraudulent documents, or no documents, and makes a
non-credible claim of asylum; and
(B) the immigration, refugee and asylum laws of the
United States should be reformed to provide for a
streamlined affirmative asylum processing system for
asylum applicants who make their application after they
have entered the United States.
SEC. 5132. FEDERAL JUDICIARY.
(a) Authorization of Additional Appropriations for the Federal
Judiciary.--There is authorized to be appropriated for the activities
of the Federal Judiciary not to exceed $20,000,000 for fiscal year
1994, and not to exceed $70,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998 to help meet the increased demands for judicial
activities which will result from enactment into law of this Act.
(b) Authorization of Additional Appropriations for the Department
of Justice.--There is authorized to be appropriated for the activities
and agencies of the Department of Justice, in addition to sums
authorized elsewhere in this section, not to exceed $25,000,000 for
fiscal year 1994, not to exceed $125,000,000 for fiscal year 1995, and
not to exceed $150,000,000 for each of the fiscal years 1996, 1997, and
1998 to help meet the increased demands for Department of Justice
activities which will result from enactment into law of this Act.
(c) Authorization of Additional Appropriations for the Federal
Bureau of Investigation.--There is authorized to be appropriated for
the activities of the Federal Bureau of Investigation not to exceed
$20,000,000 for fiscal year 1994, not to exceed $50,000,000 for fiscal
year 1995, and not to exceed $60,000,000 for each of the fiscal years
1996, 1997, and 1998 to help meet the increased demands for Federal
Bureau of Investigation activities which will result from enactment
into law of this Act.
(d) Authorization of Additional Appropriations for United States
Attorneys.--There is authorized to be appropriated for the account
Department of Justice, Legal Activities, ``Salaries and expenses,
United States Attorneys'' not to exceed $10,000,000 for fiscal year
1994, and not to exceed $35,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998 to help meet the increased demands for litigation
and related activities which will result from enactment into law of
this Act.
(e) Funds appropriated pursuant to this section are authorized to
remain available for obligation until expended.
(f) Funds authorized under this section may be appropriated from
the Trust Fund established by section 1321C of this Act.
SEC. 5133. CONTROL AND PREVENTION OF CRIME IN INDIAN COUNTRY.
(a) Definition.--As used in this Act, the term ``Indian tribal
government'' means the governing body of a tribe, band, pueblo, nation,
or other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 35 et seq.), that is recognized
as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(b) Conforming Definition.--As used in this Act, the term ``State''
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the United States,
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands
and Indian tribal governments.
(c) Matching Requirements.--Funds appropriated by the Congress for
the activities of any agency of an Indian tribal government or the
United States Government performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost
of programs or projects funded under this title.
(d) Nonsupplanting Requirement.--Funds made available to Indian
tribal governments shall not be used to supplant funds supplied by the
Department of the Interior, but shall be used to increase the amount of
funds that would, in the absence of Federal funds received under this
Act, be made available from funds supplied by the Department of the
Interior.
SEC. 5134. CIVIL STATUTE OF LIMITATIONS FOR TORT ACTIONS BROUGHT BY THE
RTC.
(a) Resolution Trust Corporation.--Section 11(d)(14) of the Federal
Deposit Insurance Act (12 U.S.C. 1821(d)(14)) is amended--
(1) in subparagraph (A)(ii), by inserting ``except as
provided in subparagraph (B),'' before ``in the case of'';
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Tort actions brought by the resolution trust
corporation.--The applicable statute of limitations with regard
to any action in tort brought by the Resolution Trust
Corporation in its capacity as conservator or receiver of a
failed savings association shall be the longer of--
``(i) the 5-year period beginning on the date the
claim accrues; or
``(ii) the period applicable under State law.'';
and
(4) in subparagraph (C), as redesignated--
(A) by striking ``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''; and
(B) by striking ``such subparagraph'' and inserting
``such subparagraphs''.
(b) Effective Date; Termination; FDIC as Successor.--
(1) Effective Date.--The amendments made by subsection (a)
shall be construed to have the same effective date as section
212 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989.
(2) Termination.--The amendments made by subsection (a)
shall remain in effect only until the termination of the
Resolution Trust Corporation.
(3) FDIC as successor to the rtc.--The Federal Deposit
Insurance Corporation, as successor to the Resolution Trust
Corporation, shall have the right to pursue any tort action
that was properly brought by the Resolution Trust Corporation
prior to the termination of the Resolution Trust Corporation.
SEC. 5135. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) In General.--Section 401(b)(8) the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
``(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal, State or local penal
institution.''.
(b) Conforming Amendments.--
(1) Cost of attendance.--Section 472 of such Act (20 U.S.C.
1087ll) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), (9), (10)
and (11) as paragraphs (6), (7), (8), (9) and (10),
respectively.
(2) Technical amendments.--Section 401(b)(3)(B) of such Act
(20 U.S.C. 1070a(b)(3)(B)) is amended--
(A) by striking ``472(8)'' and inserting
``472(7)''; and
(B) by striking ``472(9)'' and inserting
``472(8)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to periods of enrollment beginning on or after the
date of enactment of this Act.
SEC. 5136. TRANSFER OF CERTAIN ALIEN CRIMINALS TO FEDERAL FACILITIES.
(a) Definition.--In this section, ``criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility'' means an alien who--
(1)(A) is in the United States in violation of the
immigration laws; or
(B) is deportable or excludable under the provisions of the
Immigration and Nationality Act, as amended (8 U.S.C. 1101 et
seq.); and
(2) has been convicted of a felony under State or local law
and incarcerated in a correctional facility of the State or a
subdivision of the State.
(b) Federal Custody.--Subject to the availability of
appropriations, at the request of a State or political subdivision of a
State, the Attorney General may--
(1)(A) take custody of a criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility; and
(B) provide for the imprisonment of the criminal alien in a
Federal prison in accordance with the sentence of the State
court; or
(2) enter into a contractual arrangement with the State or
local government to compensate the State or local government
for incarcerating alien criminals for the duration of their
sentences.
SEC. 5137. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE
COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
(a) In general.--The Attorney General, acting through the Director
of the Bureau of Justice Assistance (the Director), shall, subject to
the availability of appropriation, make grants for States and units of
local government to pay the costs of providing increased resources for
courts, prosecutors, public defenders, and other criminal justice
participants as necessary to meet the increased demands for judicial
activities resulting from the provisions of this Act and amendments
made by this Act.
(b) Applications.--In carrying out this section, the Director is
authorized to make grants to, or enter into contracts with public or
private agencies, institutions, or organizations or individuals to
carry out any purpose specified in this section. The Director shall
have final authority over all funds awarded under this section.
(c) Records.--Each recipient that receives a grant under this
section shall keep such records as the Director may require to
facilitate an effective audit.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $100,000,000 for each of fiscal years
1994, 1995, 1996, 1997, and 1998, to remain available for
obligation until expended.
(2) Use of trust fund.--Funds authorized to be appropriated
under paragraph (1) may be appropriated from the trust fund
established by section 1321C.
SEC. 5138. TO IMPROVE FEDERAL AND STATE AUTOMATED FINGERPRINT SYSTEMS
TO IDENTIFY MORE CRIMINAL SUSPECTS.
The FBI shall report by June 1994 to the Congress regarding how it
can accelerate and improve automatic fingerprint systems at the State
and Federal level in order to use fingerprints found at the scene of a
crime to identify more criminal suspects more quickly and effectively.
SEC. 5139. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) Amendment of Title 18, United States Code.--Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is amended by
adding at the end the following new section:
``Sec. 3626. Appropriate remedies with respect to prison crowding
``(a) Requirement of Showing With Respect To the Plaintiff in
Particular.--
``(1) Holding.--A Federal court shall not hold prison or
jail crowding unconstitutional under the eighth amendment
except to the extent that an individual plaintiff inmate proves
that the crowding causes the infliction of cruel and unusual
punishment of that inmate.
``(2) Relief.--The relief in a case described in paragraph
(1) shall extend no further than necessary to remove the
conditions that are causing the cruel and unusual punishment of
the plaintiff inmate.
``(b) Inmate Population Ceilings.--
``(1) Requirement of showing with respect to particular
prisoners.--A Federal court shall not place a ceiling on the
inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and unusual punishment on particular identified
prisoners.
``(2) Rule of construction.--Paragraph (1) shall not be
construed to have any effect on Federal judicial power to issue
equitable relief other than that described in paragraph (1),
including the requirement of improved medical or health care
and the imposition of civil contempt fines or damages, where
such relief is appropriate.
``(c) Periodic Reopening.--Each Federal court order or consent
decree seeking to remedy an eighth amendment violation shall be
reopened at the behest of a defendant for recommended modification at a
minimum of 2-year intervals.''.
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as added by paragraph (1), shall apply to all outstanding
court orders on the date of enactment of this Act. Any State or
municipality shall be entitled to seek modification of any outstanding
eighth amendment decree pursuant to that section.
(c) Technical Amendment.--The subchapter analysis for subchapter C
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following new item:
``3626. Appropriate remedies with respect to prison crowding.''.
(d) Sunset Provision.--This section and the amendments made by this
section are repealed effective as of the date that is 5 years after the
date of enactment of this Act.
SEC. 5140. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
``(a) In General.--The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention and
prevention of domestic violence.
``(b) Eligibility.--To be eligible for a grant under this section,
an entity--
``(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention
in and prevention of domestic violence;
``(2) shall include representatives of pertinent sectors of
the local community, which may include the following--
``(A) health care providers;
``(B) the education community;
``(C) the religious community;
``(D) the justice system;
``(E) domestic violence program advocates;
``(F) human service entities such as State child
services divisions;
``(G) business and civic leaders; and
``(H) other pertinent sectors.
``(c) Applications.--An organization that desires to receive a
grant under this section shall submit to the Secretary an application,
in such form and in such manner as the Secretary shall prescribe
through notice in the Federal Register, that--
``(1) demonstrates that the applicant will serve a
community leadership function, bringing together opinion
leaders from each sector of the community to develop a
coordinated community consensus opposing domestic violence;
``(2) demonstrates a community action component to improve
and expand current intervention and prevention strategies
through increased communication and coordination among all
affected sectors;
``(3) includes a complete description of the applicant's
plan for the establishment and operation of the community
project, including a description of--
``(A) the method for identification and selection
of an administrative committee made up of persons
knowledgeable in domestic violence to oversee the
project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
``(B) the method for identification and selection
of project staff and a project evaluator;
``(C) the method for identification and selection
of a project council consisting of representatives of
the community sectors listed in subsection (b)(2);
``(D) the method for identification and selection
of a steering committee consisting of representatives
of the various community sectors who will chair
subcommittees of the project council focusing on each
of the sectors; and
``(E) a plan for developing outreach and public
education campaigns regarding domestic violence; and
``(4) contains such other information, agreements, and
assurances as the Secretary may require.
``(d) Term.--A grant provided under this section may extend over a
period of not more than 3 fiscal years.
``(e) Conditions on Payment.--Payments under a grant under this
section shall be subject to--
``(1) annual approval by the Secretary; and
``(2) availability of appropriations.
``(f) Geographical Dispersion.--The Secretary shall award grants
under this section to organizations in communities geographically
dispersed throughout the country.
``(g) Use of Grant Monies.--
``(1) In general.--A grant made under subsection (a) shall
be used to establish and operate a community project to
coordinate intervention and prevention of domestic violence.
``(2) Requirements.--In establishing and operating a
project, a nonprofit private organization shall--
``(A) establish protocols to improve and expand
domestic violence intervention and prevention
strategies among all affected sectors;
``(B) develop action plans to direct responses
within each community sector that are in conjunction
with development in all other sectors; and
``(C) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $20,000,000 for fiscal year 1995; and
``(2) such sums as are necessary for fiscal years 1996,
1997, and 1998,
to remain available until expended.
``(i) Regulations.--Not later than 60 days after the date of
enactment of this section, the Secretary shall publish proposed
regulations implementing this section. Not later than 120 days after
the date of enactment, the Secretary shall publish final regulations
implementing this section.''.
SEC. 5141. SENSE OF THE SENATE.
(a) Declarations.--The Congress declares that--
(1) it is the stated purpose of this Act, in part, to
rehire law enforcement officers who have been laid off as a
result of State and local budget reductions in community-
oriented policing and to hire new, additional career law
enforcement officers for deployment in community-oriented
policing across the Nation;
(2) this affirms that local law enforcement must remain the
sole prerogative of local government under their respective
jurisdictions and authorities;
(3) a key element to fighting crime in America is to put
more police officers on the street, and the Senate, in an
effort to help the States and localities hire additional police
officers in the short term, will, through the trust fund
established by this Act, make funds available to local units of
government for this purpose;
(4) The Senate should not add to the financial burden on
local communities is reduced so that essential local services
can be paid for by local government;
(5) the United States Conference of Mayors, on October 27,
1993, issued a study outlining the cost of just 10 unfunded
Federal mandates on the reporting cities, and found the cost to
those cities to be $54,000,000,000.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) local law enforcement must remain the sole prerogative
of local government under their respective jurisdictions and
authorities; and
(2) one way of providing more funds to units of local
government for law enforcement is to aggressively address the
issue of unfunded Federal mandates.
SEC. 5142. CHILD-CENTERED ACTIVITIES.
(a) Short Title.--This section may be cited as the ``Community
Schools Youth Services and Supervision Grant Program Act of 1993''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) public-private partnerships between government and
community-based organizations offer an opportunity to--
(A) empower distressed and disconnected communities
to develop their resources and abilities in order to
meet the needs of children;
(B) forge innovative solutions to the challenges
confronting the development of the children in such
communities; and
(C) create environments where children grow up
learning a healthy respect for themselves, for
neighbors, and for their communities;
(2) increased resources should be invested in public-
private partnerships; and
(3) community-based organizations, acting through such
public-private partnerships--
(A) should provide year-round supervised sports
programs, and extracurricular and academic programs,
for children in the communities; and
(B) in providing such extracurricular and academic
programs, should promote the positive character
development of such children through programs such as
curriculum-based supervised educational, work force
preparation, entrepreneurship, cultural, and health
programs, social activities, arts and crafts programs,
dance programs, tutorial and mentoring programs, and
other related activities.
(c) Findings.--The Congress finds that--
(1) parents are devoting less time than in previous
generations to the supervision, education, and nurturing of
their children;
(2) the lack of supervision and meaningful activity after
school contributes to the spread of violent juvenile
delinquency in the form of youth and gang violence, drug
trafficking, dangerous and self-destructive behavior, and lack
of hope among children in our Nation;
(3) every child has the capacity to be productive and law
abiding and deserves to grow in a safe and protected
environment;
(4) communities have a responsibility to develop the
children of our Nation into productive adults;
(5) because of their centrality, public schools are among
the best facilities that communities can use to provide needed
space and support services for programs for children;
(6) schools are most effective at serving a community when
the people of the community are involved in activities designed
to fulfill the needs of children in the community; and
(7) activities provided in community centers, recreational
facilities, and other places where children gather, have a
significant impact and influence on the behavior and attitudes
of children.
(d) Definitions.--As used in this section:
(1) Council.--The term ``Council'' means the Ounce of
Prevention Council.
(2) Child.--The term ``child'' means an individual who is
not younger than 5 and not older than 18.
(3) Community-based organization.--The term ``community-
based organization'' means a private, locally initiated
community-based organization that--
(A) is a nonprofit organization, as defined in
section 103(23) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603(23)); and
(B) is operated by a consortium of service
providers, consisting of representatives of 5 or more
of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively
involved in providing employment and business
development opportunities in the community.
(iii) Educators.
(iv) Religious organizations.
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) State government.
(viii) Other public agencies.
(ix) Other interested parties.
(4) Eligible community.--The term ``eligible community''
means an area identified pursuant to subsection (g).
(5) Poverty line.--The term ``poverty line'' means the
income official poverty line (as defined by the Office of
Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size involved.
(6) Public school.--The term ``public school'' means a
public elementary school, as defined in section 1201(i) of the
Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a public
secondary school, as defined in section 1201(d) of such Act.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
(e) Program Authority.--
(1) In general.--
(A) Allocations for states.--For any fiscal year in
which the sums appropriated to carry out this section
equal or exceed $20,000,000, from the sums appropriated
to carry out this subsection, the Council shall
allocate, for grants under subparagraph (B) to
community-based organizations in each State, an amount
bearing the same ratio to such sums as the number of
children in the State who are from families with
incomes below the poverty line bears to the number of
children in all States who are from families with
incomes below the poverty line.
(B) Grants to community-based organizations from
allocations.--For such a fiscal year, the Council may
award grants from the appropriate State allocation
determined under subparagraph (A) to eligible
community-based organizations to pay for the Federal
share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(C) Reallocation.--If, at the end of such a fiscal
year, the Council determines that funds allocated for
community-based organizations in a State under
subparagraph (B) remain unobligated, the Council may
use such funds to award grants to eligible community-
based organizations in another State to pay for such
Federal share. In awarding such grants, the Council
shall consider the need to maintain geographic
diversity among the recipients of such grants. Amounts
made available through such grants shall remain
available until expended.
(2) Other fiscal years.--For any fiscal year in which the
sums appropriated to carry out this section are less than
$20,000,000, the Council may award grants on a competitive
basis to eligible community-based organizations to pay for the
Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(f) Program Requirements.--
(1) Location.--A community-based organization that receives
a grant under this section to assist in carrying out such a
program shall ensure that the program is carried out--
(A) where appropriate, in the facilities of a
public school during nonschool hours; or
(B) in another appropriate local facility in a
State, such as a college or university, a local or
State park or recreation center, church, or military
base, that is--
(i) in a location that is easily accessible
to children in the community; and
(ii) in compliance with all applicable
local ordinances.
(2) Use of funds.--Such community-based organization--
(A) shall use funds made available through the
grant to provide, to children in the eligible
community, services and activities that--
(i) shall include supervised sports
programs, and extracurricular and academic
programs, that are offered--
(I) after school and on weekends
and holidays, during the school year;
and
(II) as daily full-day programs (to
the extent available resources permit)
or as part-day programs, during the
summer months; and
(B) in providing such extracurricular and academic
programs, shall provide programs such as curriculum-
based supervised educational, work force preparation,
entrepreneurship, cultural, and health programs, social
activities, arts and crafts programs, dance programs,
tutorial and mentoring programs, and other related
activities;
(C) may use--
(i) such funds for the renovation of
facilities that are in existence prior to the
operation of the program for which the
organization receives the grant, purchase of
sporting and recreational equipment and
supplies, purchase (or lease) and repair of
vehicles for transporting participants in the
program, hiring of instructors and other staff,
provision of meals for such participants,
provision of health services consisting of an
initial basic physical examination, provision
of first aid and nutrition guidance, and
substance abuse treatment where appropriate;
and
(ii) not more than 10 percent of such funds
to pay for the administrative costs of the
program; and
(D) may not use such funds to provide sectarian
worship or instruction.
(g) Eligible Community Identification.--
(1) Identification.--To be eligible to receive a grant
under this section, a community-based organization shall
identify an eligible community to be assisted under this
section.
(2) Criteria.--Such eligible community shall be an area
that meets such criteria with respect to significant poverty
and significant juvenile delinquency, and such additional
criteria, as the Council may by regulation require.
(h) Applications.--
(1) Application required.--To be eligible to receive a
grant under this section, a community-based organization shall
submit an application to the Council at such time, in such
manner, and accompanied by such information, as the Council may
reasonably require, and obtain approval of such application.
(2) Contents of application.--Each application submitted
pursuant to paragraph (1) shall--
(A) describe the activities and services to be
provided through the program for which the grant is
sought;
(B) contain an assurance that the community-based
organization will spend grant funds received under this
section in a manner that the community-based
organization determines will best accomplish the
objectives of this section;
(C) contain a comprehensive plan for the program
that is designed to achieve identifiable goals for
children in the eligible community;
(D) set forth measurable goals and outcomes for the
program that--
(i) will--
(I) where appropriate, make a
public school the focal point of the
eligible community; or
(II) make a local facility
described in subsection (f)(1)(B) such
a focal point; and
(ii) may include reducing the percentage of
children in the eligible community that enter
the juvenile justice system, increasing the
graduation rates, school attendance, and
academic success of children in the eligible
community, and improving the skills of program
participants;
(E) provide evidence of support for accomplishing
such goals and outcomes from--
(i) community leaders;
(ii) businesses;
(iii) a school district;
(iv) local officials;
(v) State officials; and
(vi) other organizations that the
community-based organization determines to be
appropriate;
(F) contain an assurance that the community-based
organization will use grant funds received under this
section to provide children in the eligible community
with activities and services that shall include
supervised sports programs, and extracurricular and
academic programs, in accordance with subparagraphs (A)
and (B) of subsection (f)(2);
(G) contain a list of the activities and services
that will be offered through the program for which the
grant is sought and sponsored by private nonprofit
organizations, individuals, and groups serving the
eligible community, including--
(i) extracurricular and academic programs,
such as programs described in subsection
(f)(2)(B); and
(ii) activities that address specific needs
in the community;
(H) demonstrate the manner in which the community-
based organization will make use of the resources,
expertise, and commitment of private entities in
carrying out the program for which the grant is sought;
(I) include an estimate of the number of children
in the eligible community expected to be served
pursuant to the program;
(J) include a description of charitable private
resources, and all other resources, that will be made
available to achieve the goals of the program;
(K) contain an assurance that the community-based
organization will use competitive procedures when
purchasing, contracting, or otherwise providing for
goods, activities, or services to carry out programs
under this section;
(L) contain an assurance that the program will
maintain a ratio of at least 1 staff member (including
volunteers) for each 20 participants in the program;
(M) contain an assurance that the program will
maintain an average attendance rate of not less than 75
percent of the participants enrolled in the program, or
will enroll additional participants in the program;
(N) contain an assurance that the community-based
organization will comply with any evaluation under
subsection (m), any research effort authorized under
Federal law, and any investigation by the Council;
(O) contain an assurance that the community-based
organization shall prepare and submit to the Council an
annual report regarding any program conducted under
this section;
(P) contain an assurance that the program for which
the grant is sought will, to the maximum extent
possible, incorporate services that are--
(i) provided by program volunteers,
parents, adult mentors, drug and alcohol abuse
counselors, teachers, clergy, or other persons
providing tutoring and college or vocational
preparation; and
(ii) provided solely through non-Federal
private or nonprofit sources; and
(Q) contain an assurance that the community-based
organization will maintain separate accounting records
for the program.
(3) Priority.--In awarding grants to carry out programs
under this section, the Council shall give priority to
community-based organizations who submit applications that
demonstrate the greatest effort in generating local support for
the programs.
(i) Eligibility of Participants.--
(1) In general.--To the extent possible, each child who
resides in an eligible community shall be eligible to
participate in a program carried out in such community that
receives assistance under this section.
(2) Exclusion.--
(A) Nondiscrimination.--Except as provided in
subparagraph (B), in selecting children to participate
in a program that receives assistance under this
section, a community-based organization shall not
discriminate on the basis of race, color, religion,
sex, national origin, or disability.
(B) Exception.--In selecting children to so
participate, a community-based organization may exclude
a child from participation in such a program if the
organization determines that the child has behavior
problems that pose an unacceptable risk of injury or
illness to other participants or has a physical or
mental disability so serious that the child would be
unable to participate in the program with reasonable
accommodation.
(C) Parental approval.--To be eligible to
participate in a program that receives assistance under
this section, a child shall provide the express written
approval of a parent or guardian, and shall submit an
official application and agree to the terms and
conditions of participation in the program.
(j) Peer Review Panel.--
(1) Establishment.--The Council shall establish a peer
review panel that shall be comprised of individuals with
demonstrated experience in designing and implementing
community-based programs.
(2) Composition.--Such panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic
Committee, at the option of such Committee.
(3) Functions.--Such panel shall conduct the initial review
of all grant applications received by the Council under
subsection (h), make recommendations to the Council regarding--
(A) grant funding under this section;
(B) a design for the evaluation of programs
assisted under this section; and
(C) methods for achieving effective coordination
between programs carried out under this section and
programs carried out through Olympic Youth Development
Centers under section 5143.
(k) Investigations and inspections.--The Council may conduct such
investigations and inspections as may be necessary to ensure compliance
with the provisions of this section.
(l) Federal Share.--
(1) Payments; federal share; non-federal share.--
(A) Payments.--The Council shall, subject to the
availability of appropriations, pay to each community-
based organization having an application approved under
subsection (h) the Federal share of the costs of
developing and carrying out programs referred to in
subsection (e).
(B) Federal share.--The Federal share of such costs
shall be--
(i) 75 percent for each of the fiscal years
1994 and 1995;
(ii) 70 percent for fiscal year 1996; and
(iii) 60 percent for fiscal year 1997.
(2) Non-federal share.--
(A) In general.--The non-Federal share of such
costs may be in cash or in kind, fairly evaluated,
including plant, equipment, and services (including the
services described in subsection (h)(2)(P)).
(B) Special rule.--At least 15 percent of the non-
Federal share of such costs shall be provided from
private or nonprofit sources.
(m) Evaluation.--The Council shall conduct a thorough evaluation of
the programs assisted under this section, which shall include an
assessment of--
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such
children; and
(4) the number of such children being processed by the
juvenile justice system.
(n) Authorization of Appropriations.--There are authorized to be
appropriated, from the amounts in the Violent Crime Reduction Trust
Fund established under section 1115 of title 31, United States Code,
$100,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997 to
carry out this section.
SEC. 5143. OLYMPIC YOUTH DEVELOPMENT CENTERS.
(a) Definitions.--As used in this section:
(1) Council.--The term ``Council'' means the Ounce of
Preventation Council.
(2) Child.--The term ``child'' means an individual who is
not younger than 8 and not older than 18.
(3) Committee.--The term ``Committee'' means the United
States Olympic Committee.
(b) Grant.--The Council may make a grant to United States Olympic
Committee for the purpose of establishing Olympic Youth Development
Centers and carrying out programs through such centers.
(c) Program Requirements.--
(1) Location.--The Committee, on receiving a grant under
this section to establish such a center shall ensure that the
center is established in an appropriate facility in a State,
such as a college or university, a local or State park or
recreation center, church, or military base, that is--
(A) in a location that is easily accessible to
children in the community; and
(B) in compliance with all applicable local
ordinances.
(2) Centers.--The Committee shall, subject to the
availability of appropriations, not later than 1 year after the
date of enactment of this Act, establish not fewer than 6 such
centers, and shall, subject to the availability of
appropriations, to the extent possible, establish not less than
1 such center in each State by fiscal year 1997. In selecting
locations for such centers, the Committee shall consider the
need to maintain geographic diversity, and to maintain a
balance of urban and rural locations for such centers.
(3) Use of funds.--The Committee--
(A) may use funds made available through the grant
to provide supervised sports and recreation programs
that are offered--
(i) after school and on weekends and
holidays, during the school year; and
(ii) as daily (or weeklong) full-day
programs (to the extent available resources
permit) or as part-day programs, during the
summer months;
(B) may use--
(i) such funds for the renovation of
facilities that are in existence prior to the
operation of the program for which the
Committee receives the grant, purchase of
sporting and recreational equipment and
supplies, purchase (or lease) and repair of
vehicles for transporting participants in the
program, hiring of instructors and other staff,
provision of meals for such participants,
provision of health services consisting of an
initial basic physical examination, and
provision of first aid and nutrition guidance;
and
(ii) not more than 10 percent of such funds
to pay for the administrative costs of the
program; and
(C) may not use such funds to provide sectarian
worship or instruction.
(4) Designation.--The Committee may, at the discretion of
the Committee, designate facilities through which programs are
carried out under the Community Schools Youth Services and
Supervision Grant Program Act of 1993 as Olympic Youth
Development Centers. Such designation shall not entitle the
programs to receive assistance under this section.
(5) Executive director.--The Committee shall appoint an
Executive Director to coordinate the centers and programs
described in subsection (b), and shall appoint a Director for
each such center to carry out such programs at the center.
(d) Application.--
(1) In general.--To be eligible to receive a grant under
this section, the Committee shall submit an application to the
Council at such time, in such manner, and accompanied by such
information, as the Council may reasonably require, and obtain
approval of such application.
(2) Contents of application.--The application submitted
pursuant to paragraph (1) shall--
(A) contain an assurance that the program to be
carried out through the center for which the grant is
sought will maintain an average attendance rate of not
less than 75 percent of the participants enrolled in
the program, or will enroll additional participants in
the program;
(B) contain an assurance that the Committee will
comply with any evaluation under subsection (i), any
research effort authorized under Federal law, and any
investigation by the Administrator;
(C) contain an assurance that the Committee shall
prepare and submit to the Administrator an annual
report regarding any program conducted under this
section;
(D) contain an assurance that the program for which
the grant is sought will, to the maximum extent
possible, incorporate services that are--
(i) provided by program volunteers,
parents, adult mentors, drug and alcohol abuse
counselors, teachers, clergy, or other persons
providing tutoring and college or vocational
preparation; and
(ii) provided solely through non-Federal
private or nonprofit sources;
(E) contain an assurance that the Committee will
maintain separate accounting records for the program;
and
(F) contain an assurance that the program will
include outreach efforts in order to encourage
participation in the program.
(e) Eligibility of Participants.--
(1) In general.--The Committee shall select children to
participate in programs that receive assistance under this
section without regard to the athletic ability of the children.
In selecting children to participate in programs that receive
assistance under this section, the Committee shall give
priority to children from low-income communities and high-crime
areas with demonstrated gang activity, as determined in
accordance with regulations issued by the Council.
(2) Exclusion.--
(A) Nondiscrimination.--Except as provided in
subparagraph (B), in selecting children to participate
in a program that receives assistance under this
section, the Committee shall not discriminate on the
basis of race, color, religion, sex, national origin,
or disability.
(B) Exception.--In selecting children to so
participate, the Committee may exclude a child from
participation in such a program if the Committee
determines that the child has behavior problems that
pose an unacceptable risk of injury or illness to other
participants or has a physical or mental disability so
serious that the child would be unable to participate
in the program with reasonable accommodation.
(C) Parental approval.--To be eligible to
participate in a program that receives assistance under
this section, a child shall provide the express written
approval of a parent or guardian, and shall submit an
official application and agree to the terms and
conditions of participation in the program.
(f) Investigations and inspections.--The Council may conduct such
investigations and inspections as may be necessary to ensure compliance
with the provisions of this section.
(g) Federal Share.--
(1) Payments; federal share; non-federal share.--
(A) Payments.--On approval of an application under
subsection (d), the Council shall, subject to the
availability of appropriations pay to the Committee the
Federal share of the costs of establishing the centers
and carrying out the programs described in subsection
(b).
(B) Federal share.--The Federal share of such costs
shall be--
(i) 75 percent for fiscal years 1994 and
1995;
(ii) 70 percent for fiscal year 1996; and
(iii) 60 percent for fiscal year 1997.
(2) Non-federal share.--
(A) In general.--The non-Federal share of such
costs may be in cash or in kind, fairly evaluated,
including plant, equipment, and services (including the
services described in subsection (d)(2)(D)).
(B) Special rule.--The Committee may not charge
fees for the participation of children in programs
carried out under this section.
(h) Reports.--At the end of each fiscal year, the Council shall
submit to Congress a report on the activities conducted under this
section, including a summary of the information in the report submitted
under subsection (d)(2)(C).
(i) Evaluation.--The Council shall conduct a thorough evaluation of
the programs assisted under this section, which shall include an
assessment of--
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such
children; and
(4) the number of such children being processed by the
juvenile justice system.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated,
from the amounts in the Violent Crime Reduction Trust Fund
established under section 1115 of title 31, United States Code,
$50,000,000 for fiscal year 1994 and $25,000,000 for each of
fiscal years 1995, 1996, and 1997, to carry out this section.
(2) Availability.--Amounts appropriated to carry out this
section shall remain available until expended.
SEC. 5144. AUTHORITY TO RELEASE CERTAIN CONFIDENTIAL INFORMATION
RELATING TO ALIENS.
Section 245A(c)(5)(C) of the Immigration and Nationality Act (8
U.S.C. 1255a(c)(5)(C)) is amended by striking out ``except that the
Attorney General'' and all that follows through ``section 8 of title
13, United States Code.'' and inserting in lieu thereof ``except that
the Attorney General--
``(i) may authorize an application to a
Federal court of competent jurisdiction for,
and a judge of such court may grant, an order
authorizing disclosure of information contained
in the application of the alien (as a result of
an investigation of the alien by an
investigative officer or law enforcement
officer) that is necessary to locate and
identify the alien if (I) such disclosure may
result in the discovery of information leading
the location and identity of the alien, and
(II) such disclosure (and the information
discovered as a result of such disclosure) will
be used only for criminal law enforcement
purposes as against the alien whose file is
being accessed;
``(ii) may furnish information under this
section with respect to an alien to an official
coroner (upon the written request of the
coroner) for the purposes of permitting the
coroner to identify a deceased individual; and
``(iii) may provide, in the Attorney
General's discretion, for the furnishing of
information furnished under this section in the
same manner and circumstances as census
information may be disclosed to the Secretary
of Commerce under section 8 of title 13, United
States Code.''.
SEC. 5145. CHILDREN AND YOUTH UTILIZING FEDERAL LAND.
(a)(1) Various Federal land, especially environmentally sensitive
Federal land, should be made available to the States and territories
for certain programs for children and youth;
(2) Federally owned land, such as national parks, fish and wildlife
refuges, Bureau of Land Management land, and National Forest Service
land, offer an excellent option to solve the problems of siting and
zoning commonly faced by programs for neglected, abused, runaway,
homeless, disturbed, ``at-risk'', and delinquent children and
teenagers;
(3) Federal land and personnel administering it offer great
educational and personal development opportunities for our young
people, who offer in return significant work on the ecology and the
promise of a planet-sensitive next generation;
(4) Wilderness settings provide the public security from seriously
delinquent, violent teenagers for whom constructive discipline and a
challenging environment are proven, effective correctional tools;
(5) Programs for youngsters who pose no threat to the public or
themselves may be placed in less remote sites, even within communities.
(b) It is the sense of the Senate that--
(1) the Departments of Justice, Interior, Defense,
Agriculture, Commerce, Labor, Education, Health and Human
Services, and any other executive branch agencies having
properties or resources to devote to a project to make such
properties and resources available to programs for children and
youth are urged to act cooperatively in the establishment and
ongoing support of such programs; and
(2) a nationwide network of small, specialized, residential
or nonresidential programs, principally operated by the private
sector, under State or local control, and Federal approval and
supervision should be established and supported.
SEC. 5146. BANKRUPTCY FRAUD.
(a) In General.--
(1) Offenses.--Chapter 9 of title 18, United States Code,
is amended--
(A) by amending sections 152, 153, and 154 to read
as follows:
``Sec. 152. Concealment of assets; false oaths and claims; bribery
``A person who--
``(1) knowingly and fraudulently conceals from a custodian,
trustee, marshal, or other officer of the court charged with
the control or custody of property, or, in connection with a
case under title 11, from creditors or the United States
Trustee, any property belonging to the estate of a debtor;
``(2) knowingly and fraudulently makes a false oath or
account in or in relation to any case under title 11;
``(3) knowingly and fraudulently makes a false declaration,
certificate, verification, or statement under penalty of
perjury as permitted under section 1746 of title 28, in or in
relation to any case under title 11;
``(4) knowingly and fraudulently presents any false claim
for proof against the estate of a debtor, or uses any such
claim in any case under title 11, in a personal capacity or as
or through an agent, proxy, or attorney;
``(5) knowingly and fraudulently receives any material
amount of property from a debtor after the filing of a case
under title 11, with intent to defeat the provisions of title
11;
``(6) knowingly and fraudulently gives, offers, receives,
or attempts to obtain any money or property, remuneration,
compensation, reward, advantage, or promise thereof for acting
or forbearing to act in any case under title 11;
``(7) in a personal capacity or as an agent or officer of
any person or corporation, in contemplation of a case under
title 11 by or against the person or any other person or
corporation, or with intent to defeat the provisions of title
11, knowingly and fraudulently transfers or conceals any of his
property or the property of such other person or corporation;
``(8) after the filing of a case under title 11 or in
contemplation thereof, knowingly and fraudulently conceals,
destroys, mutilates, falsifies, or makes a false entry in any
recorded information (including books, documents, records, and
papers) relating to the property or financial affairs of a
debtor; or
``(9) after the filing of a case under title 11, knowingly
and fraudulently withholds from a custodian, trustee, marshal,
or other officer of the court or a United States Trustee
entitled to its possession, any recorded information (including
books, documents, records, and papers) relating to the property
or financial affairs of a debtor,
shall be fined not more than $5,000, imprisoned not more than 5 years,
or both.
``Sec. 153. Embezzlement against estate
``(a) Offense.--A person described in subsection (b) who knowingly
and fraudulently appropriates to the person's own use, embezzles,
spends, or transfers any property or secretes or destroys any document
belonging to the estate of a debtor shall be fined not more than
$5,000, imprisoned not more than 5 years, or both.
``(b) Person to Whom Section Applies.--A person described in this
subsection is one who has access to property or documents belonging to
an estate by virtue of the person's participation in the administration
of the estate as a trustee, custodian, marshal, attorney, or other
officer of the court or as an agent, employee, or other person engaged
by such an officer to perform a service with respect to the estate.
``Sec. 154. Adverse interest and conduct of officers
``A person who, being a custodian, trustee, marshal, or other
officer of the court--
``(1) knowingly purchases, directly or indirectly, any
property of the estate of which the person is such an officer
in a case under title 11;
``(2) knowingly refuses to permit a reasonable opportunity
for the inspection by parties in interest of the documents and
accounts relating to the affairs of estates in the person's
charge by parties when directed by the court to do so; or
``(3) knowingly refuses to permit a reasonable opportunity
for the inspection by the United States Trustee of the
documents and accounts relating to the affairs of an estate in
the person's charge,
shall be fined not more than $5000 and shall forfeit the person's
office, which shall thereupon become vacant.''; and
(B) by adding at the end the following new
sections:
``Sec. 156. Knowing disregard of bankruptcy law or rule
``(a) Definitions.--In this section--
```bankruptcy petition preparer' means a person, other than
the debtor's attorney or an employee of such an attorney, who
prepares for compensation a document for filing.
```document for filing' means a petition or any other
document prepared for filing by a debtor in a United States
bankruptcy court or a United States district court in
connection with a case under this title.
``(b) Offense.--If a bankruptcy case or related proceeding is
dismissed because of a knowing attempt by a bankruptcy petition
preparer in any manner to disregard the requirements of title 11,
United States Code, or the Bankruptcy Rules, the bankruptcy petition
preparer shall be fined under this title, imprisoned not more than 1
year, or both.
``Sec. 157. Bankruptcy fraud
``(a) Offense.--A person who, having devised or intending to devise
a scheme or artifice to defraud, or for obtaining money or property by
means of a false or fraudulent pretense, representation, or promise,
for the purpose of executing or concealing such a scheme or artifice or
attempting to do so--
``(1) files a petition under title 11;
``(2) files a document in a proceeding under title 11; or
``(3) makes a false or fraudulent representation, claim, or
promise concerning or in relation to a proceeding under title
11, at any time before or after the filing of the petition, or
in relation to a proceeding falsely asserted to be pending
under that title,
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(b) Requirement of Intent.--
``(1) In general.--The degree of intent required to be
shown in the case of an offense described in subsection (a) is
that which is generally required to be shown in cases of fraud.
``(2) Violation not established.--A violation of subsection
(a) is not established if the defendant committed the act that
is alleged to constitute fraud for a lawful purpose.
``(3) Violation established.--A violation of subsection (a)
may be established if the defendant committed the act that is
alleged to constitute fraud with a purpose of--
``(A) preventing the proper application of title 11
in a particular case; or
``(B) using a proceeding under title 11 in a manner
that, while on its face may appear to be legitimate, is
in fact part of a scheme to defraud.''.
(2) Technical amendments.--The chapter analysis for chapter
9 of title 18, United States Code, is amended--
(A) by amending the item relating to section 153 to
read as follows:
``Sec. 153. Embezzlement against estate.'';
and
(B) by adding at the end the following new item:
``Sec. 156. Knowing disregard of bankruptcy law or rule.
``Sec. 157. Bankruptcy fraud.''.
(b) RICO.--Section 1961(1)(D) of title 18, United States Code, is
amended by inserting ``(except a case under section 157 of that
title)'' after ``title 11''.
SEC. 5147. HANDGUNS IN SCHOOLS.
Handguns in Schools.--
(1) In general.--In any year after the first day of the
first fiscal year after the expiration of the next regular
session of the State legislature following the date of
enactment of this subpart, the Administrator may award to a
State that meets the requirement of paragraph (2) additional
grant funds, from the funds reserved for the special
discretionary fund established under subsection (e), in an
amount equal to 25 percent of the amount of the grant that
would be made without regard to this subsection.
(2) State law.--A State meets the requirement of this
paragraph if the law of the State provides that--
(A) on receipt of notification from the principal
(or equivalent official) of an elementary school or a
secondary school in the State that a person was found
in possession of a handgun on the premises of the
school, the head of the State entity responsible for
issuing driver's licenses shall, pursuant to such
procedures as the State legislature and the head (or
appropriate State entity) establishes--
(i) in the case of a person who holds a
driver's license issued by the State, revoke
the person's driver's license for a period of 5
years, during which period the license may not
be reissued except as provided under paragraph
(3); and
(ii) in the case of a person who does not
hold a driver's license issued by the State,
except as provided under paragraph (3),
withhold for a period of 5 years or until the
date on which the person attains the age of 18
years, whichever is longer, the issuance of a
driver's license for which application may
subsequently be made;
(B) on receipt of notification from the principal
(or equivalent official) of an elementary school or a
secondary school in the State that a person was found
in possession of a handgun on the premises of the
school during a period of revocation or withholding of
the issuance of a person's driver's license under
subparagraph (A), the head of the State entity
responsible for issuing driver's licenses shall,
pursuant to such procedures as the State legislature
and the head (or appropriate State entity) establishes,
extend the period of revocation or withholding for an
additional 10 years, during which period the license
may not be reissued except as provided in paragraph
(3); and
(C) subparagraphs (A) and (B) do not apply to the
possession of a handgun--
(i) on private property that is not part of
the premises of a school;
(ii) if--
(I) the person possessing the handgun is
licensed to possess the handgun by the State in
which the elementary school or secondary school
is located or by a political subdivision of the
State; and
(II) the State or political subdivision of
the State requires that, as a condition of the
issuance of a driver's license, an appropriate
law enforcement authority of the State or
political subdivision of the State verify that
the person is qualified under applicable law to
hold the firearm license;
(iii) that is--
(I) not loaded; and
(II) in a locked container or in a
locked firearm rack that is on a motor
vehicle;
(iv) by a person for use in a program
approved by the appropriate official of an
elementary school or secondary school (or
entity of the State or political subdivision of
the State responsible for the administration of
the elementary school or secondary school);
(v) by a person in accordance with a
contract that the appropriate official of the
elementary school or secondary school (or
entity of the State or political subdivision of
the State responsible for the administration of
the elementary school or secondary school) has
entered into with the person or employer of the
person;
(vi) by a law enforcement officer acting in
an official capacity; or
(vii) that is unloaded and possessed by a
person while traversing the premises of the
elementary or secondary school for the purpose
of gaining access to public or private lands
open to hunting, if the entry on the premises
of the elementary school or secondary school is
authorized by the appropriate official of the
school (or entity of the State or political
subdivision of the State responsible for the
administration of the elementary school or
secondary school).
(3) Waiver.--A State law described in paragraph (2) may
provide for a procedure under which the application of a
portion of a revocation or withholding period under paragraph
(2)(A) or (B) may be waived if--
(A) at least 50 percent of the withholding or
revocation period has expired; and
(B) the person subject to the revocation or
withholding period establishes, in a manner
satisfactory to the head the State entity described in
paragraph (2), that--
(i) the person is not the subject of any
criminal charge (other than a charge related to
the possession of a handgun that resulted in
the revocation or withholding);
(ii) the person has not been the subject of
a criminal conviction for engaging in a
criminal activity during the withholding or
revocation period (other than a conviction
directly related to the possession of a handgun
that resulted in the revocation or
withholding); and
(iii) there is a compelling reason to waive
the remainder of the revocation or withholding
period.
(4) Due process.--A State, in implementing a law described
in paragraph (2), shall follow such procedures (including
procedures to ensure that affected persons are afforded due
process of law) as the Constitution may require.
(5) Definitions.--In this subsection--
``elementary school'' has the meaning stated in
1471(8) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2891(8)).
``handgun'' means--
(i) a firearm that has a short stock and is
designed to be held and fired by the use of a
single hand; or
(ii) any combination of parts from which a
firearm described in subparagraph (A) can be
assembled.
``premises'', in reference to an elementary school
or secondary school, includes the school building and
the grounds of the school.
``secondary school'' has the meaning stated in
section 1471(21) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(21)).
(6) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority of the government of a
State or political subdivision of a State to enact and enforce
a law that imposes a penalty that exceeds or supplements the
penalties authorized under this subsection.
SEC. 5148. SENSE OF THE SENATE REGARDING A STUDY ON OUT-OF-WEDLOCK
BIRTHS.
(a) Findings.--The Senate finds the following:
(1) The National Center for Health Statistics has just
reported that the out-of-wedlock birth rate reached 29.5
percent in 1991 (66.3 percent in Washington, D.C., 71.0 percent
in Detroit).
(2) The out-of-wedlock birth rate has increased without
interruption since 1970, and, as pointed out recently by George
Will, ``the rate of increase is not slowing even at
extraordinarily high levels''.
(3) Dr. Lee Rainwater of Harvard University predicts that
the rate will reach 40 percent within 7 years.
(4) Professor James Q. Wilson has described the erosion of
the family structure in the United States and many Western
nations as ``a major cultural convulsion'' that is inextricably
associated with the rise of violent urban crime.
(5) President Clinton has stated on the national television
program ``Meet the Press'' that there is ``absolutely'' a
correlation between crime and drugs and the breakdown of the
family.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the Secretary of Health and Human Services, in
consultation with the National Center for Health Statistics,
should prepare an analysis of the causes of the increase in
out-of-wedlock births, and determine whether there is any
historical precedent for such increase, as well as any
equivalent among foreign nations, and
(2) the Secretary of Health and Human Services should
report to Congress within 12 months after the date of the
enactment of this Act on the Secretary's analysis of the out-
of-wedlock problem and its causes, as well as possible remedial
measures that could be taken.
SEC. 5149. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) Congressional Approval.--Notwithstanding any other provision of
law, the existing prison facilities and complex at the District of
Columbia Corrections Facility at Lorton in Virginia shall not be
expanded unless such expansion has been approved by the Congress under
the authority provided to Congress in section 446 of the District of
Columbia Self-Government and Governmental Reorganization Act.
(b) Congressional Hearings.--The Subcommittee on the District of
Columbia of the Committee on Appropriations of the Senate shall conduct
hearings regarding expansion of the prison complex in Lorton, Virginia,
prior to any approval granted pursuant to subsection (a). The
subcommittee shall permit interested parties, including appropriate
officials from the County of Fairfax, Virginia, to testify at such
hearings.
(c) Definition.--For purposes of this section, the terms
``expanded'' and ``expansion'' mean any alteration of the physical
structure of the prison complex that is made to increase the number of
inmates incarcerated at the prison.
SEC. 5150. NATIONAL NARCOTICS LEADERSHIP ACT.
(a) Section 1009 of the National Narcotics Leadership Act of 1988
(21 U.S.C. 1506) is amended by striking ``the date which is 5 years
after the date of the enactment of this subtitle'' and inserting
``September 30, 1994''.
(b) Section 1008(d)(1) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502(d)(1)) is amended by striking ``of such'', and
inserting, ``subject to the availability of appropriations, of not less
than 75 and such additional''
SEC. 5151. SUPREME COURT MARSHALS AND POLICE.
Section 9(c) of the Act entitled ``An Act relating to the policing
of the building and grounds of the Supreme Court of the United
States,'' approved August 18, 1949 (40 U.S.C. 13n(c)), is amended in
the first sentence by striking out ``1993'' and inserting in lieu
thereof ``1996''.
SEC. 5152. EXTENSION OF FULL-TIME STATUS OF MEMBERS OF THE UNITED
STATES SENTENCING COMMISSION.
Section 992(c) of title 28, United States Code, is amended in the
second sentence by striking ``six years'' and inserting ``seven
years''.
SEC. 5153. SENSE OF THE SENATE THAT ABLE-BODIED CONVICTED FELONS IN THE
FEDERAL PRISON SYSTEM WORK.
(a) Findings.--The Senate finds that--
(1) Federal Prison Industries was created by Congress in
1934 as a wholly owned, nonprofit government corporation
directed to train and employ Federal prisoners;
(2) traditionally, one-half of the Federal prison inmates
had meaningful prison jobs; now, with the increasing prison
population, less than one-quarter are employed in prison
industry positions; and
(3) expansion of the product lines and services of Federal
Prison Industries beyond its traditional lines of business will
enable more Federal prison inmates to work, and such expansion
must occur so as to minimize any adverse impact on the private
sector and labor.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) all able-bodied Federal prison inmates should work;
(2) in an effort to achieve the goal of full Federal prison
inmate employment, the Attorney General, in consultation with
the Director of the Bureau of Prisons, the Secretary of Labor,
the Secretary of Defense, the Administrator of the General
Services Administration, and the private sector and labor,
shall submit a report to Congress not later than March 31,
1994, that describes a strategy for employing more Federal
prison inmates;
(3) the report shall--
(A) contain a review of existing lines of business
of Federal Prison Industries;
(B) consider the findings and recommendations of
the final report of the Summit on Federal Prison
Industries (June 1992-July 1993); and
(C) make recommendations for legislation and
changes in existing law that may be necessary for the
Federal Prison Industries to employ more Federal prison
inmates; and
(4) the report shall focus on--
(A) the creation of new job opportunities for
Federal prison inmates;
(B) the degree to which any expansion of lines of
business of Federal Prison Industries may adversely
affect the private sector or displace domestic labor;
and
(C) the degree to which opportunities for
partnership between Federal Prison Industries and small
business can be fostered.
SEC. 5154. FIRST TIME DOMESTIC VIOLENCE OFFENDER REHABILITATION
PROGRAM.
(a) Section 3561 of title 18, United States Code, is amended by--
(1) redesignating subsection (b) as subsection (c);
(2) inserting the following new subsection after subsection
(a):
``(b) Domestic Violence Offenders.--A defendant who has been
convicted for the first time of a domestic violence crime shall be
sentenced to a term of probation if not sentenced to a term of
imprisonment. The term `domestic violence crime' means a crime of
violence for which the defendant may be prosecuted in a court of the
United States in which the victim or intended victim is the spouse,
former spouse, intimate partner, former intimate partner, child, or
former child of the defendant, or any relative defendant, child, or
former child of the defendant, or any other relative of the
defendant.''.
(b) Section 3563(a) of title 18, United States Code, is amended
by--
(1) striking ``and'' at the end of paragraph (2);
(2) striking the period at the end of paragraph (3) and
inserting ``; and'' in lieu thereof; and
(3) by inserting the following new paragraph:
``(4) for a domestic violence crime as defined in section
3561(b) by a defendant convicted of such an offense for the
first time that the defendant attend a court-approved public,
private, or private non-profit program, that has been
authorized by that State Coalition Against Domestic Violence,
and which is designed to rehabilitate such a defendant if an
approved program is readily available within a 50-mile radius
of the legal residence of the defendant.''.
(c) Section 3583 of title 18, United States Code, is amended--
(1) in subsection (a) by inserting ``or if the defendant
has been convicted for the first time of a domestic violence
crime as defined in section 3561(b)'' after ``statute''; and
(2) in subsection (d) by inserting the following after the
first sentence: ``The court shall order as an explicit
condition of supervised release for a defendant convicted for
the first time of a domestic violence crime as defined in
section 3561(b) that the defendant attend a court-approved
public, private, or private non-profit program, that has been
authorized by that State Coalition Against Domestic Violence,
and which is designed to rehabilitate such a defendant if an
approved program is readily available within a 50-mile radius
of the legal residence of the defendant.''.
SEC. 5155. ASSET FORFEITURE.
(a) Section 524 of title 28, United States Code, is amended--
(1) by redesignating subsection (c)(1)(H) to be subsection
(c)(1)(I); and
(2) by inserting a new subsection (c)(1)(H) as follows:
``(H) the payment of State and local property taxes on forfeited
real property that accrued between the date of the violation giving
rise to the forfeiture and the date of the forfeiture order; and''.
(b) The provisions of this section shall apply to all claims
pending at the time of or commenced subsequent to the date of the
enactment of this Act.
SEC. 5156. CLARIFICATION OF DEFINITION OF A ``COURT OF THE UNITED
STATES'' TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE
NORTHERN MARIANA ISLANDS, AND THE VIRGIN ISLANDS.
(a) Chapter 1 of title 18, United States Code, is amended by adding
at the end thereof the following new section:
``Sec. 23. Court of the United States defined
As used in this title, except where otherwise expressly provided
the term `court of the United States' includes the District Court of
Guam, the District Court for the Northern Mariana Islands, and the
District Court of the Virgin Islands.''.
(b) The analysis for chapter 1 of title 18, United States Code, is
amended by inserting at the end the following:
``23. Court of the United States Defined.''.
SEC. 5157. EXTRADITION.
(a) Scope.--Section 3181 of title 18, United States Code, is
amended by--
(1) inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) adding at the end thereof the following new
subsections:
``(b) The provisions of this chapter shall be construed to permit,
in the exercise of comity, the surrender of persons who have committed
crimes of violence against nationals of the United States in foreign
countries without regard to the existence of any treaty of extradition
with such foreign government if the Attorney General certifies, in
writing, that--
``(1) evidence has been presented by the foreign government
which indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) As used in this section, the term `national of the United
States' shall have the meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Fugitives.--Section 3184 of title 18, United States Code, is
amended--
(1) in the first sentence by inserting after ``United
States and any foreign government,'' the following: ``or in
cases arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
SEC. 5158. EXPEDITED DEPORTATION FOR DENIED ASYLUM APPLICANTS.
(a) Section 208(a) of the Immigration and Nationality Act (8 U.S.C.
1158) is amended by adding at the end thereof the following: ``An
applicant for asylum is not entitled to engage in employment in the
United States. The Attorney General may authorize an alien who has
filed an application for asylum to engage in employment in the United
States, in the discretion of the Attorney General. The Attorney General
may provide for the expedited deportation of asylum applicants whose
applications have been finally denied, unless the applicant remains in
an otherwise valid nonimmigrant status.''.
(b) There are authorized to be appropriated to carry out this
section such sums as are necessary for each of fiscal years 1994, 1995,
1996, 1997, and 1998.
SEC. 5159. IMPROVING BORDER CONTROLS.
There are authorized to be appropriated such sums as are necessary
to increase INS's resources for the Border Patrol and the Inspections
Program to apprehend illegal aliens who attempt clandestine entry into
the United States or entry into the United States with fraudulent
documents.
SEC.5160. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(1) Subject to the availability of appropriations, the Attorney
General may expand the program authorized by section 242A(d) of the
Immigration and Nationality Act to ensure that such aliens are
immediately deportable upon their release from incarceration.
(2) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section for each
of fiscal years 1995 through 1998.
SEC. 5161. CONSTRUCTION OF INS SERVICE PROCESSING CENTERS TO DETAIN
CRIMINAL ALIENS.
Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary in fiscal year 1995 to
construct or contract for the construction of two INS Service
Processing Centers to detain criminal aliens and such sums as are
necessary in fiscal year 1996 to construct or contract for the
construction of two additional Service Processing Centers.
SEC. 5162. ASSISTANT UNITED STATES ATTORNEY RESIDENCY.
Section 545(a) of title 28, United States Code, is amended--
(1) by striking ``and assistant United States attorney'';
and
(2) by inserting the following after the first sentence:
``Each assistant United States attorney shall reside in the
district for which he or she is appointed or within 50 miles
thereof.''.
SEC.5163. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS
(a) Authorization of appropriations for the Department of the
Treasury for each of the fiscal years 1994, 1995, 1996, 1997, and 1998.
(b)(1) The Secretary of the Treasury shall establish no less than
50 Gang Resistance Education and Training (GREAT) projects to be
located in communities across the country. Such amount shall be in
addition to the number of projects currently funded.
(2) Communities identified for such GREAT projects shall be
selected by the Director of the Bureau of Alcohol, Tobacco and
Firearms, acting through the Secretary of the Treasury, on the basis of
gang-related activity in that particular community.
(3) The Secretary of the Treasury shall make available no less than
$800,000 per project, subject to appropriation, and such funds shall be
allocated fifty percent to the affected State and local law enforcement
and prevention organizations participating in such projects, and fifty
percent to the Bureau of Alcohol, Tobacco and Firearms for salaries,
expenses, and associated administrative costs for operating and
overseeing such projects.
(c) There are authorized to be appropriated $30,000,000 for
salaries and expenses of the Bureau of Alcohol, Tobacco and Firearms
for the hiring, training, and equipping of no less than 200 full-time
equivalent agent positions for the investigation of the trafficking of
guns to juveniles and gangs, and the tracing of firearms used in the
commission of violent crimes, and no less than 100 full-time equivalent
inspector positions for the Firearms Compliance program and dealer
policing activities.
(d) There are authorized to be appropriated $6,000,000 for the
salaries and expenses of the United States Secret Service for the
hiring, training and equipping of additional full-time equivalent
positions to supplement current investigative authorities.
SEC. 5164. LAW ENFORCEMENT PERSONNEL.
(a)(1) Since we are losing control of our streets and our
neighborhoods to gangs, drugs and violent crime;
(2) Since Americans tolerate a level of violence 5 times that of
Canada and 10 times that of England;
(3) Since the Senate is about to adopt the Comprehensive Crime
Control and Law Enforcement Act which establishes a $22,268,000,000
Violent Crime Reduction Trust Fund to combat the violent crime epidemic
in this country;
(4) Since the Comprehensive Crime Control and Law Enforcement Act
authorizes the revenues to fund the Trust Fund be derived from savings
resulting from a reduction in Federal personnel; and
(5) Since the Federal law enforcement agencies charged with
carrying out the provisions of the Comprehensive Crime Control and Law
Enforcement Act will require substantial manpower to implement the Act.
(b) It is the sense of the Senate that law enforcement personnel
should not be reduced and calls upon the President of the United States
to exempt Federal law enforcement positions from Executive Order 12839
and other Executive memoranda mandating reductions in the Federal
workforce.
SEC. 5165. REVIEW BY THE ATTORNEY GENERAL OF FEDERAL PRISON CAPACITY
AND CONSTRUCTION AND OPERATIONAL STANDARDS FOR STATE AND
LOCAL CORRECTIONS FACILITIES.
(a) Review of Federal Prison Capacity.--The Attorney General shall
conduct a review of--
(1) the capacity of the facilities of the Federal Bureau of
Prisons;
(2) the number of inmates in those facilities; and
(3) the characteristics of those inmates relative to their
likelihood of criminal behavior, and especially violent
criminal behavior, if released from custody under supervision.
(b) Review of Standards.--The Attorney General shall review the
standards for construction and operation of State and local corrections
facilities contained in the publications entitled ``Standards for Small
Jail Facilities'' and ``Standards for Adult and Local Detention
Facilities'' (3d ed.)
(c) Report to Congress.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall report to
Congress on the reviews required under subsections (a) and (b).
(2) Contents.--The report under paragraph (1) shall contain
the Attorney General's recommendations for administrative and
congressional initiatives to--
(A) release space in the Federal Bureau of Prisons
for occupancy by inmates transferred from State
correctional facilities, pursuant to section 1321; and
(B) modify standards for construction and operation
of local and State correctional facilities.
SEC. 5166. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND PREVENTION
PROGRAMS.
The Attorney General shall consult with the Secretary of the
Department of Health and Human Services in establishing and carrying
out the substance abuse treatment and prevention components of the
programs authorized under this Act, to assure coordination of programs,
eliminate duplication of efforts and enhance the effectiveness of such
services.
SEC. 5167. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY
ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile drug
and gang-related activity in ``public housing'' may be used for such
purposes in federally assisted, low-income housing.
SEC. 5168. DEFINITIONS.
Section 921(a)(17) of title 18, United States Code, is amended by
revising subparagraph (B) and adding a new subparagraph (C) to read as
follows:
``(B) The term `armor piercing ammunition' means--
(i) a projectile or projectile core which may be
used in a handgun and which is constructed entirely
(excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted
uranium; or
``(ii) a jacketed projectile larger than .22
caliber designed and intended for use in a handgun and
whose jacket has a weight of more than 25 percent of
the total weight of the projectile.
``(C) The term `armor piercing ammunition' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Secretary
finds is primarily intended to be used for sporting purposes,
or any other projectile or projectile core which the Secretary
finds is intended to be used for industrial purposes, including
a charge used in an oil and gas well perforating device.''.
Attest:
Secretary.
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