[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1488 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1488
To control and prevent crime.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23 (legislative day, September 7), 1993
Mr. Biden introduced the following bill; which was read the first time
_______________________________________________________________________
A BILL
To control and prevent crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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--HABEAS CORPUS REFORM
Sec. 301. Short title.
Sec. 302. Filing deadlines.
Sec. 303. Stays of execution in capital cases.
Sec. 304. Limits on new rules; standard of review.
Sec. 305. Limits on successive petitions.
Sec. 306. New evidence.
Sec. 307. Certificates of probable cause.
Sec. 308. Provision of counsel.
Sec. 309. Capital litigation funding.
Sec. 310. Certification of compliance.
Sec. 311. Effective date.
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--YOUTH VIOLENCE
Subtitle A--Increased Penalties for Drug Trafficking and Criminal
Street Gangs
Sec. 601. Strengthening Federal penalties for employing children to
distribute drugs.
Sec. 602. Commencement of juvenile proceeding.
Sec. 603. Criminal street gangs.
Subtitle B--Juvenile Drug Trafficking and Gang Prevention Grants
Sec. 611. Grant program.
Subtitle C--Bindover System for Certain Violent Juveniles
Sec. 621. Bindover system.
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 CHILD ABUSE
Subtitle A--Sexual Abuse
Sec. 801. Sexual abuse amendments.
Subtitle B--Child Protection
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.
TITLE IX--CRIME VICTIMS
Subtitle A--Victims' Rights
Sec. 901. Victim's right of allocution in sentencing.
Sec. 902. Mandatory restitution and other provisions.
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.
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.
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.
Subtitle D--Study Rights of Police Officers
Sec. 1161. Study on officers' rights.
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.
Subtitle B--State Prisons
Sec. 1321. Boot camps and regional 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.
TITLE XIV--RURAL CRIME
Subtitle A--Fighting Drug Trafficking in Rural Areas
Sec. 1401. Authorizations for rural law enforcement agencies.
Sec. 1402. Rural drug enforcement task forces.
Sec. 1403. Cross-designation of Federal officers.
Sec. 1404. Rural drug enforcement training.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas
Sec. 1411. Drug free truck stops and safety rest areas.
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.
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.
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.
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.
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. Increased 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.
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.
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 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) 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;
``(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.
``(d) Preferential Consideration of Applications for Certain
Grants.--In awarding grants under this part, the Attorney General may
give preferential consideration to grants for hiring and rehiring
additional career law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under subsection (h).
``(e) 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.
``(f) Utilization of Components.--The Attorney General may utilize
any component or components of the Department of Justice in carrying
out this part.
``(g) Minimum Amount.--Each qualifying State, together with
grantees within the State, shall receive in each fiscal year pursuant
to subsection (a) not less than 0.5 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.
``(h) 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, 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).
``(i) Allocation of Funds.--The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).
``(j) 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.--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.
``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 shall not be used to supplant State
or local funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available from State or
local sources.
``(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.--Funding provided under this part for hiring or
rehiring a career law enforcement officer may not exceed $75,000,
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. DEFINITION.
``In this part, `career law enforcement officer' 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.''.
(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) $200,000,000 for fiscal year 1994;
``(ii) $650,000,000 for fiscal year 1995;
``(iii) $650,000,000 for fiscal year 1996;
``(iv) $650,000,000 for fiscal year 1997;
``(v) $650,000,000 for fiscal year 1998; and
``(vi) $650,000,000 for fiscal year 1999.
``(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.''.
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 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.
``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 if the hearing is held before a jury or
judge not present during the trial. 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). 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. The jury or the
court, if there is no jury, regardless of its findings with respect to
aggravating and mitigating factors, is never required to impose a death
sentence and the jury shall be so instructed.
``(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.
``(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.''.
(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:
``(o) 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--HABEAS CORPUS REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the ``Habeas Corpus Reform Act of
1993''.
SEC. 302. FILING DEADLINES.
(a) In General.--Section 2242 of title 28, United States Code, is
amended--
(1) by amending the heading to read as follows:
``Sec. 2242. Filing of habeas corpus petition; time requirements;
tolling rules'';
(2) by inserting ``(a)(1)'' before the first paragraph,
``(2)'' before the second paragraph, ``(3)'' before the third
paragraph, and ``(4)'' before the fourth paragraph;
(3) by amending the third paragraph, as designated by
paragraph (3), to read as follows:
``(3) Leave to amend or supplement the petition shall be freely
given, as provided in the rules of procedure applicable to civil
actions.''; and
(4) by adding at the end the following new subsections:
``(b) An application for habeas corpus relief under section 2254
shall be filed in the appropriate district court not later than 180
days after--
``(1) the last day for filing a petition for writ of
certiorari in the United States Supreme Court on direct appeal
or unitary review of the conviction and sentence, if such a
petition has not been filed within the time limits established
by law;
``(2) the date of the denial of a writ of certiorari, if a
petition for a writ of certiorari to the highest court of the
State on direct appeal or unitary review of the conviction and
sentence is filed, within the time limits established by law,
in the United States Supreme Court; or
``(3) the date of the issuance of the mandate of the United
States Supreme Court, if on a petition for a writ of certiorari
the Supreme Court grants the writ and disposes of the case in a
manner that leaves the sentence undisturbed.
``(c)(1) Notwithstanding the filing deadline imposed by subsection
(b), if a petitioner under a sentence of death has filed a petition for
post-conviction review in State court within 270 days of the
appointment of counsel as required by section 2258, the petitioner
shall have 180 days to file a petition under this chapter upon
completion of the State court review.
``(2) The time requirements established by subsection (b) shall not
apply unless the State has provided notice to a petitioner under
sentence of death of the time requirements established by this section.
Such notice shall be provided upon the final disposition of the initial
petition for State post-conviction review.
``(3) In a case in which a sentence of death has been imposed, the
time requirements established by subsection (b) shall be tolled--
``(A) during any period in which the State has failed to
appoint counsel for State post-conviction review as required in
section 2258;
``(B) during any period in which the petitioner is
incompetent; and
``(C) during an additional period, not to exceed 60 days,
if the petitioner makes a showing of good cause.
``(d)(1) Notwithstanding the filing deadline imposed by subsection
(b), if a petitioner under a sentence other than death has filed--
``(A) a petition for post-conviction review in State court;
or
``(B) a request for counsel for post-conviction review,
before the expiration of the period described in subsection (b), the
petitioner shall have 180 days to file a petition under this chapter
upon completion of the State court review.
``(2) The time requirements established by subsection (b) shall not
apply in a case in which a sentence other than death has been imposed
unless--
``(A) the State has provided notice to the petitioner of
the time requirements established by this section and of the
availability of counsel as described in subparagraph (B); such
notice shall be provided orally at the time of sentencing and
in writing at the time the petitioner's conviction becomes
final, except that in a case in which the petitioner's
conviction becomes final within 30 days of sentencing, the
State may provide both the oral and the written notice at
sentencing; in all cases, the written notice to petitioner
shall include easily understood instructions for filing a
request for counsel for State post-conviction review; and
``(B)(i) the State provides counsel to the petitioner upon
the filing of a request for counsel for State post-conviction
review; or
``(ii) the State provides counsel to the petitioner, if a
request for counsel for State post-conviction review is not
filed, upon the filing of a petition for post-conviction
review.
``(3) The time requirements established by subsection (b) shall be
tolled in a case in which a sentence other than death has been
imposed--
``(A) during any period in which the petitioner is
incompetent; and
``(B) during an additional period, not to exceed 60 days,
if the petitioner makes a showing of good cause.
``(e) An application that is not filed within the time requirements
established by subsection (b) shall be governed by section 2244(b).''.
(b) Technical Amendment.--The chapter analysis for chapter 153 of
title 28, United States Code is amended by amending the item relating
to section 2242 to read as follows:
``2242. Filing of habeas corpus petition; time requirements; tolling
rules.''.
SEC. 303. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is amended--
(1) by inserting ``(a)(1)'' before the first paragraph and
``(2)'' before the second paragraph; and
(2) by adding at the end the following new subsections:
``(b) In the case of a person under sentence of death, a warrant or
order setting an execution shall be stayed upon application to any
court that would have jurisdiction over a habeas corpus petition under
this chapter. The stay shall be contingent upon the exercise of
reasonable diligence by the applicant in pursuing relief with respect
to the sentence and shall expire if--
``(1) the applicant fails to file for relief under this
chapter within the time requirements established by section
2242;
``(2) upon completion of district court and court of
appeals review under section 2254, the application is denied
and--
``(A) the time for filing a petition for a writ of
certiorari expires before a petition is filed;
``(B) a timely petition for a writ of certiorari is
filed and the Supreme Court denies the petition; or
``(C) a timely petition for certiorari is filed
and, upon consideration of the case, the Supreme Court
disposes of it in a manner that leaves the capital
sentence undisturbed; or
``(3) before a court of competent jurisdiction, in the
presence of counsel, and after being advised of the
consequences of the decision, the applicant competently and
knowingly waives the right to pursue habeas corpus relief under
this chapter.
``(c) If any 1 of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution unless the applicant has filed a habeas corpus petition that
satisfies, on its face, section 2244(b) or 2256. A stay granted
pursuant to this subsection shall expire if, after the grant of the
stay, 1 of the conditions specified in subsection (b) (2) or (3)
occurs.''.
SEC. 304. LIMITS ON NEW RULES; STANDARD OF REVIEW.
(a) Limits on New Rules.--
(1) In general.--Chapter 153 of Title 28, United States
Code, as amended by section 306(a), is amended by adding at the
end the following new section:
``Sec. 2257. Law applicable
``(a) Except as provided in subsection (b), in a case subject to
this chapter, the court shall not announce or apply a new rule to grant
habeas corpus relief.
``(b) A court considering a claim under this chapter shall apply a
new rule when--
``(1) the new rule places a class of individual conduct
beyond the power of the criminal lawmaking authority to
proscribe or prohibits the imposition of a certain type of
punishment for a class of persons because of their status or
offense; or
``(2) the new rule constitutes a watershed rule of criminal
procedure implicating the fundamental fairness and accuracy of
the criminal proceeding.
``(c) As used in this section, a `new rule' is a rule that changes
the constitutional or statutory standards that prevailed at the time
the petitioner's conviction and sentence became final on direct
appeal.''.
(2) Technical amendment.--The chapter analysis for chapter
153 of title 28, United States Code, as amended by section
306(b), is amended by adding at the end the following new item:
``2257. Law applicable.''.
(b) Standard of Review.--Section 2254(a) of title 28, United States
Code, is amended by adding at the end the following: ``Except as to
Fourth Amendment claims controlled by Stone v. Powell, 428 U.S. 465
(1976), the Federal courts, in reviewing an application under this
section, shall review de novo the rulings of a State court on matters
of Federal law, including the application of Federal law to facts,
regardless of whether the opportunity for a full and fair hearing on
such Federal questions has been provided in the State court. In the
case of a violation that can be harmless, the State shall bear the
burden of proving harmlessness.''.
SEC. 305. LIMITS ON SUCCESSIVE PETITIONS.
Section 2244(b) of title 28, United States Code, is amended to read
as follows:
``(b)(1) A claim presented in a habeas corpus petition that was not
timely presented in a prior petition shall be dismissed unless--
``(A) the petitioner shows that--
``(i) the failure to raise the claim previously was
the result of interference by State officials with the
presentation of the claim, in violation of the
Constitution or laws of the United States;
``(ii) the claim relies on a new rule that is
applicable under section 2257 and was previously
unavailable; or
``(iii) the factual predicate for the claim could
not have been discovered previously through the
exercise of reasonable diligence; and
``(B) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to--
``(i) undermine the court's confidence in the
factfinder's determination of the applicant's guilt of
the offense or offenses for which the sentence was
imposed; or
``(ii) demonstrate that no reasonable sentencing
authority would have found an aggravating circumstance
or other condition of eligibility for a capital or
noncapital sentence, or otherwise would have imposed a
sentence of death.
``(2) Notwithstanding other matters pending before the court,
claims for relief under this subsection from a case in which a sentence
of death was imposed shall receive a prompt review in a manner
consistent with the interests of justice.''.
SEC. 306. NEW EVIDENCE.
(a) In General.--Chapter 153 of title 28, United States Code, as
amended by section 304(a)(1), is amended by adding at the end the
following new section:
``Sec. 2256. Capital cases; new evidence
``For purposes of this chapter, a claim arising from a violation of
the Constitution, laws, or treaties of the United States shall include
a claim by a person under sentence of death that is based on factual
allegations that, if proven and viewed in light of the evidence as a
whole, would be sufficient to demonstrate that no reasonable factfinder
would have found the petitioner guilty of the offense or that no
reasonable sentencing authority would have found an aggravating
circumstance or other condition of eligibility for the sentence. Such a
claim shall be dismissed if the facts supporting the claim were
actually known to the petitioner during a prior stage of the litigation
in which the claim was not raised. Notwithstanding any other provision
of this chapter, the claim shall not be subject to section 2244(b) or
the time requirements established by section 2242. In all other
respects, the claim shall be subject to the rules applicable to claims
under this chapter.''.
(b) Technical Amendment.--The chapter analysis for chapter 153 of
title 28, United States Code, as amended by section 304(a)(2), is
amended by adding at the end the following new item:
``2258. Capital cases; new evidence.''.
SEC. 307. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253 of title 28, United States
Code, is amended by adding at the end the following: ``However, an
applicant under sentence of death shall have a right of appeal without
a certificate of probable cause, except after denial of a habeas corpus
petition filed under section 2244(b).''.
SEC. 308. PROVISION OF COUNSEL.
(a) In General.--Chapter 153 of title 28, United States Code, as
amended by section 304(a)(1), is amended by adding at the end the
following new section:
``Sec. 2258. Counsel in capital cases; State court
``(a) Counsel.--(1) A State in which a sentence of death may be
imposed under State law shall provide legal services to--
``(A) indigents charged with offenses for which capital
punishment is sought;
``(B) indigents who have been sentenced to death and who
seek appellate, post-conviction, or unitary review in State
court; and
``(C) indigents who have been sentenced to death and who
seek certiorari review of State court judgments in the United
States Supreme Court.
``(2) This section shall not apply or form a basis for relief to
nonindigents.
``(b) Counsel Certification Authority.--A State in which a sentence
of death may be imposed under State law shall, within 180 days after
the date of enactment of this subsection, establish a State counsel
certification authority, which shall be comprised of members of the bar
with substantial experience in, or commitment to, the representation of
criminal defendants in capital cases, and shall be comprised of a
balanced representation from each segment of the State's criminal
defense bar, such as a statewide defender organization, a capital case
resource center, local public defender's offices and private attorneys
involved in criminal trial, appellate, post-conviction, or unitary
review practice. If a State fails to establish a counsel certification
authority within 180 days after the date of enactment of this
subsection, a private cause of action may be brought in Federal
district court to enforce this subsection by any aggrieved party,
including a defendant eligible for appointed representation under this
subsection or a member of an organization eligible for representation
on the counsel certification authority. If the court finds that the
State has failed to establish a counsel certification authority as
required by this subsection, the court shall grant appropriate
injunctive and declaratory relief, except that the court shall not
grant relief that disturbs any criminal conviction or sentence,
obstructs the prosecution of State criminal proceedings, or alters
proceedings arising under this chapter.
``(c) Duties of Authority; Certification of Counsel.--The counsel
certification authority shall--
``(1) establish and publish standards governing
qualifications of counsel, which shall include--
``(A) knowledge and understanding of pertinent
legal authorities regarding issues in capital cases;
``(B) skills in the conduct of negotiations and
litigation in capital cases, the investigation of
capital cases and the psychiatric history and current
condition of capital clients, and the preparation and
writing of legal papers in capital cases;
``(C) the minimum qualifications required by
subsection (d); and
``(D) any additional qualifications relevant to the
representation of capital defendants;
``(2) establish application and certification procedures
for attorneys who possess the qualifications established
pursuant to paragraph (1);
``(3) establish application and certification procedures
for attorneys who do not possess all the qualifications
established pursuant to paragraph (1) but who possess, in
addition to the minimum qualifications required by subsection
(d), additional resources (such as an affiliation with a
publicly funded defender organization) and experience that
enable them to provide quality legal representation comparable
to that of an attorney possessing the qualifications
established pursuant to paragraph (1);
``(4) establish application and certification procedures,
to be used on a case by case basis, for attorneys who do not
necessarily possess the minimum qualifications required by
subsection (d), but who possess other extraordinary experience
and resources that enable them to provide quality legal
representation comparable to that of an attorney possessing the
qualifications established pursuant to paragraph (1);
``(5) publish a current roster of attorneys certified
pursuant to paragraphs (2) and (3) to be appointed in capital
cases;
``(6) establish and publish standards governing the
performance of counsel in capital cases, including standards
that proscribe abusive practices and mandate sound practices in
order to further the fair and orderly administration of
justice;
``(7) monitor the performance of attorneys certified
pursuant to this subsection; and
``(8) delete from the roster the name of any attorney who
fails to meet the qualification or performance standards
established pursuant to this subsection.
``(d) Minimum Counsel Standards.--All counsel certified pursuant to
paragraph (2) or (3) of subsection (c) or appointed pursuant to
subsection (f) shall possess, in addition to any qualifications
required by State or local law, the following minimum qualifications:
``(1) familiarity with the performance standards
established by the counsel certification authority;
``(2) familiarity with the appropriate court system,
including the procedural rules regarding timeliness of filings
and procedural default; and
``(3) in the case of counsel appointed for the trial or
sentencing stages, at least 2 of the qualifications listed in
subparagraph (A) and 1 of the qualifications listed in
subparagraph (B), or 1 of the alternative qualifications listed
in subparagraph (C):
``(A) Qualifying trial experience (must have 2).--
Prior experience within the last 10 years as--
``(i) lead or sole counsel in 12 jury
trials, of which no fewer than 5 were criminal
jury trials;
``(ii) lead or sole counsel in 3 criminal
jury trials in which the charge was murder or
aggravated murder;
``(iii) co-counsel in 5 criminal jury
trials in which the charge was murder or
aggravated murder;
``(iv) lead or sole counsel in no fewer
than 5 criminal jury trials involving crimes of
violence against persons, punishable by
imprisonment of over 1 year,
which were tried to a verdict or to a deadlocked jury.
``(B) Qualifying capital trial experience (must
have 1).--
``(i) lead or sole counsel within the last
5 years in the trial of at least 1 capital case
that was tried through sentencing;
``(ii) co-counsel in the trial of no fewer
than 2 capital cases (1 of which occurred
within the last 5 years) that were tried
through sentencing;
``(iii) successful completion within the
preceding 2 years of a training program in
capital trial litigation that has been
certified by the counsel certification
authority or, if the authority has not
certified a program, successful completion of
an at least 12-hour training program in capital
trial litigation for which continuing legal
education (CLE) credit is available, and which
the CLE authority in the State has certified as
comporting with the objectives and requirements
of this section.
``(C) Alternative qualifying experience for
trial.--Notwithstanding subparagraphs (A) and (B), an
attorney shall be eligible for certification pursuant
to paragraph (2) or (3) of subsection (c) or
appointment pursuant to subsection (f) if the
attorney--
``(i) has conducted 5 evidentiary hearings
and has been employed for more than 1 year by a
capital resource center, a unit or its
equivalent that specializes in capital cases
within a public defender office, or a public
interest law office specializing in capital
litigation; or
``(ii) has been certified by the State
capital litigation resource center as competent
to be assigned to a capital trial;
``(4) in the case of counsel appointed for appellate or
unitary review, at least 1 of the qualifications listed in
subparagraph (A) and 1 of the qualifications listed in
subparagraph (B), or 1 of the alternative qualifications listed
in subparagraph (C):
``(A) Qualifying appellate experience (must have
1).--Prior experience within the past 5 years as--
``(i) lead or sole counsel in no fewer than
10 appeals, of which no fewer than 5 were
criminal appeals;
``(ii) lead or sole counsel in at least 6
criminal felony appeals;
``(iii) lead or sole counsel in 3 criminal
or felony appeals, at least 1 of which was an
appeal of a murder or aggravated murder
conviction,
which were fully briefed.
``(B) Qualifying capital appellate experience (must
have 1).--
``(i) lead or sole counsel within the last
5 years in the appeal or unitary review of at
least 1 capital case;
``(ii) co-counsel in the appeal or unitary
review of no fewer than 2 capital cases, 1 of
which occurred within the last 5 years;
``(iii) successful completion within the
preceding 2 years of a training program in the
litigation of capital appeals that has been
certified by the counsel certification
authority or, if the authority has not
certified a program, successful completion of
an at least 12-hour training program in capital
litigation with a focus on appeals for which
continuing legal education (CLE) credit is
available, and which the CLE authority in the
State has certified as comporting with the
objectives and the requirements of this
section.
``(C) Alternative qualifying experience for
appeals.--Notwithstanding subparagraphs (A) and (B), an
attorney shall be eligible for certification pursuant
to paragraph (2) or (3) of subsection (c) or for
appointment pursuant to subsection (f) if the
attorney--
``(i) has been employed for more than 1
year by a capital resource center, a unit or
its equivalent that specializes in capital
cases within a public defender office, or a
public interest law office specializing in
capital litigation; or
``(ii) has been certified by the State
capital litigation resource center as competent
to be assigned to a capital appeal; and
``(5) in the case of counsel appointed for post-conviction
proceedings, at least 2 of the qualifications listed in
subparagraph (A) and at least 1 of the qualifications listed in
subparagraph (B), or 1 of the alternative qualifications listed
in subparagraph (C):
``(A) Qualifying post-conviction experience (must
have 2).--Prior experience within the past 10 years
as--
``(i) lead or sole counsel in no fewer than
3 post-conviction proceedings;
``(ii) co-counsel in no fewer than 5 post-
conviction proceedings;
``(iii) 1 of the trial qualifications
listed in paragraph (3)(A);
``(iv) 1 of the appellate qualifications
listed in paragraph (4)(A).
``(B) Qualifying capital post-conviction experience
(must have 1).--
``(i) lead or sole counsel within the last
5 years in the trial (through sentencing),
appeal, or post-conviction review of at least 1
capital case;
``(ii) co-counsel in the trial (through
sentencing), appeal, or post-conviction review
of no fewer than 2 capital cases, 1 of which
occurred within the last 5 years;
``(iii) successful completion during the
preceding 2 years of a training program in the
litigation of capital post-conviction
proceedings that has been certified by the
counsel certification authority or, if the
authority has not certified a program,
successful completion of an at least 12-hour
training program in capital litigation with a
focus on post-conviction proceedings for which
continuing legal education (CLE) credit is
available, and which the CLE authority in the
State has certified as comporting with the
objectives and requirements of this section.
``(C) Alternative qualifying experience for post-
conviction proceedings.--Notwithstanding subparagraphs
(A) and (B), an attorney shall be eligible for
certification pursuant to paragraph (2) or (3) of
subsection (c) or appointment pursuant to subsection
(f) if the attorney--
``(i) has conducted 3 evidentiary hearings
and has been employed for more than 1 year by a
capital litigation resource center, by a unit
or its equivalent that specializes in capital
cases within a public defender office, or by a
public interest law office specializing in
capital litigation; or
``(ii) has been certified by the State
capital litigation resource center as competent
to be assigned to a capital post-conviction
proceeding.
``(e) Appointment of Certified Counsel.--(1) The State court shall
appoint at least 2 attorneys to represent an indigent at trial, and at
least 1 attorney to represent an indigent at the appellate, unitary or
post-conviction review stage, including--
``(A) a lead counsel who is named on the roster published
pursuant to subsection (c)(5);
``(B) a defender organization or resource center, which
shall designate appropriate attorneys affiliated with the
organization, including a lead counsel who is named on the
roster; or
``(C) a lead counsel certified pursuant to subsection
(c)(4).
``(2) The State court may appoint additional attorneys upon a
showing of need.
``(f) Appointment of Noncertified Counsel.--(1) If there is no
roster of attorneys published pursuant to subsection (c)(5), or if no
attorney on the roster can accept the appointment and if no attorney
certified pursuant to subsection (c)(4) has been appointed, the State
court shall appoint at least 2 attorneys to represent an indigent at
trial, and at least 1 attorney to represent an indigent at the
appellate, unitary or post-conviction review stage, including--
``(A) a lead counsel who possesses the minimum
qualifications required by subsection (d); or
``(B) a defender organization or resource center, which
shall designate appropriate attorneys affiliated with the
organization, including a lead counsel who possesses the
qualifications required by subsection (d).
``(2) No attorney shall be appointed pursuant to this subsection
unless the State court has first conducted an evidentiary hearing on
the record in which the court determines, after the attorney gives
sworn testimony and presents documentary proof that the attorney
possesses each of the qualifications required by subsection (d), that
the attorney possesses the requisite qualifications. In making its
determination, the court, shall, to each qualification required by
subsection (d), shall make a specific finding on the record that the
attorney possesses the qualification.
``(g) No attorney may be denied certification pursuant to paragraph
(2) or (3) of subsection (c) or appointment pursuant to subsection (f)
solely because of prior employment as a prosecutor.
``(h) Prior to appointing counsel pursuant to this section, the
State court shall inquire as to whether counsel maintains a workload
which, by reason of its excessive size, will interfere with the
rendering of quality representation or create a substantial risk of a
breach of professional obligations.
``(i) If a person entitled to an appointment of counsel declines to
accept an appointment, the State court shall conduct, or cause to be
conducted, a hearing, at which the person and counsel proposed to be
appointed shall be present, to determine the person's competence to
decline the appointment, and whether the person has competently and
knowingly declined it.
``(j) If a State court fails to appoint counsel in a proceeding
specified in subsection (a), or if a State court in a proceeding
described in subsection (a)--
``(1) fails to appoint the number of counsel required in
subsection (e);
``(2) appoints counsel whose name is not on the roster
published pursuant to subsection (c)(5);
``(3) appoints counsel who has failed to present a
certification issued pursuant to subsection (c)(4); or
``(4) when subsection (f) applies, fails to hold the
hearing, receive the requisite testimony and proof, or make the
determination required by subsection (f),
a Federal court, in a proceeding under this chapter, shall neither
presume findings of fact made at such proceeding to be correct nor
decline to consider a claim on the ground that it was not raised in
such proceeding at the time or in the manner prescribed by State law.
In no circumstances other than those described in this subsection shall
a determination of noncompliance with this section provide a basis for
relief to a petitioner proceeding under this chapter.
``(k) No attorney appointed to represent a prisoner in State post-
conviction proceedings shall have previously represented the prisoner
at trial or on direct appeal in the case for which the appointment is
made, unless the prisoner and attorney expressly request continued
representation.
``(l) Notwithstanding the rates and maximum limits generally
applicable to criminal cases and any other provision of law to the
contrary, the highest State court with jurisdiction over criminal cases
shall, after notice and comment, establish a schedule of hourly rates
for the compensation of attorneys appointed pursuant to this section
that are reasonable in light of the qualifications of attorneys
appointed and the local practices for legal representation in cases
reflecting the complexity and responsibility of capital cases. For each
attorney appointed pursuant to this section, the State court shall
separately order compensation at the rates set by the highest State
court for the hours the attorneys reasonably expended on the case and
for reasonable expenses paid for investigative, expert, and other
reasonably necessary services. Any aggrieved party may bring a private
cause of action in Federal district court to enforce the provisions of
this subsection for the establishment of a schedule of reasonable
hourly rates for the compensation of attorneys. In such an action, the
Federal court shall not independently determine the appropriate rates,
but shall decide whether the hourly rates as scheduled by the State
court are within the range of reasonableness consistent with the
criteria stated in this subsection. If the hourly rates as scheduled
are not within the range of reasonableness, or if no schedule of rates
has been established, the court shall grant appropriate injunctive or
declaratory relief, except that the court shall not grant relief that
disturbs any criminal conviction or sentence, obstructs the prosecution
of State criminal proceedings, or alters proceedings arising under this
chapter.
``(m) The ineffectiveness or incompetence of counsel appointed
pursuant to this section during State or Federal post-conviction
proceedings shall not be a ground for relief in a proceeding arising
under section 2254. This limitation shall not preclude the appointment
of different counsel at any phase of State or Federal post-conviction
proceedings.
``(n) Nothing in this section changes the constitutional standard
governing claims of ineffective assistance of counsel pursuant to the
sixth amendment to the Constitution of the United States. A
determination of noncompliance with this section (as opposed to the
facts which support such a determination) shall not provide a basis for
a claim of constitutionally ineffective assistance of counsel.
``(o) The requirements of this section shall apply to any
appointment of counsel made after the effective date of this Act in any
trial, direct appeal, or unitary review of a capital indigent. Counsel
shall be appointed as provided in this section in any post-conviction
proceeding commenced after the effective date of this Act. In no case
shall counsel appointed for a proceeding commenced before the effective
date of this Act be subject to the requirements of this section, nor
shall any person whose counsel was appointed for any trial, appeal,
post-conviction or unitary review before the effective date of this Act
be entitled to any relief, including application of subsection (j),
based on a claim that counsel was not appointed in conformity with
subsection (e) or (f).''.
(b) Technical Amendment.--The chapter analysis for chapter 153 of
title 28, United States Code, as amended by section 304(a)(2), is
amended by adding at the end the following new item:
``2258. Counsel in capital cases; State court.''.
SEC. 309. CAPITAL LITIGATION FUNDING.
(a) Grants Under the Edward Byrne Grant Program.--
(1) In general.--Subpart 2 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by adding at the end the following new
section:
``habeas corpus litigation
``Sec. 511A. Notwithstanding any other provision of this title, the
Director shall provide grants to the States, from the funding allocated
pursuant to section 511, for the purpose of supporting litigation
pertaining to Federal habeas corpus petitions in capital cases. The
total funding available for such grants within any fiscal year shall be
equal to the funding provided to capital resource centers, pursuant to
Federal appropriation, in the same fiscal year.''.
(2) Technical amendment.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. preceding 3701) is amended by inserting after the item
relating to section 511 the following new item:
``Sec. 511A. Habeas corpus litigation.''.
(b) Grants for State Capital Litigation.--
(1) 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 103(a) is amended--
(A) by redesignating part R as part S;
(B) by redesignating section 1801 as section 1901;
and
(C) by inserting after part Q the following new
part:
``PART R--GRANTS FOR STATE CAPITAL LITIGATION
``SEC. 1801. GRANT AUTHORIZATION.
``The Director of the Bureau of Justice Assistance shall make
grants to States from amounts appropriated to carry out this part for
the use by States and by local entities in the States to comply with
section 2258 of title 28, United States Code.
``SEC. 1802. 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) An application under paragraph (1) 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.
``(b) State Office.--The office designated under section 507--
``(1) shall prepare an application 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. 1803. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Director shall make a grant under section
1801 to carry out the activities described in the application submitted
by an applicant under section 1802 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
activities have been reviewed in accordance with this part.
``(b) Approval.--Each application submitted under section 1802
shall be considered to be approved, in whole or in part, by the
Director not later than 45 days after first received unless the
Director informs the applicant of specific reasons for disapproval.
``(c) Disapproval Notice and Reconsideration.--The Director shall
not disapprove any application without first affording the applicant
reasonable notice and opportunity for reconsideration.
``SEC. 1804. DISTRIBUTION OF FUNDS.
``For fiscal years 1994, 1995, and 1996, the Federal share of a
grant made under this part may not exceed 75 percent of the total costs
of the activities described in the application submitted under section
1702 for the fiscal year for which the project receives assistance
under this part. Thereafter, the Federal share of a grant made under
this part may not exceed 50 percent.
``SEC. 1805. EVALUATION.
``(a) In General.--(1) A State 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.
``(2) The Director may waive the requirement specified in
subsection (a) if the Director determines that such evaluation is not
warranted in the case of any particular State.
``(b) Distribution.--A State or local entity may use not more than
5 percent of the funds it receives under this part to develop an
evaluation program under this section.''.
(2) 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 103(b), is amended
by striking the matter relating to part R and inserting the
following:
``Part R--Grants for State Capital Litigation
``Sec. 1801. Grant authorization.
``Sec. 1802. State applications.
``Sec. 1803. Review of State applications.
``Sec. 1804. Distribution of funds.
``Sec. 1805. Evaluation.
``Part S--Transition; Effective Date; Repealer
``Sec. 1901. Confirmation of rules, authorities, and proceedings.''.
(3) Authorization of appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)), as amended by section 103(c), is
amended--
(A) in paragraph (3) by striking ``and Q'' and
inserting ``Q, and R''; and
(B) by adding at the end the following new
paragraph:
``(12) There are authorized to be appropriated such sums as are
necessary to carry out activities under part R.''.
SEC. 310. CERTIFICATION OF COMPLIANCE.
(a) In General.--Subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 501 et seq.) is
amended by adding at the end the following new section:
``certification of compliance
``Sec. 509A. In any application for a grant under this subpart, a
State in which a sentence of death may be imposed shall certify whether
it will comply with the provisions of section 2258 of title 28, United
States Code. If the State chooses not to certify that it will comply
with the provisions of that section, the amount of funds that the State
is eligible to receive under that subpart shall be reduced by 75
percent. If the State certifies that it will comply with the provisions
of section 2258 of title 28, United States Code, the amount of funds
that the State is eligible to receive under that subpart shall not be
reduced by virtue of any failure or alleged failure to carry out any of
the requirements of that section. The sole enforcement mechanisms for
the requirements set forth in that section shall be those provided in
that section, to which the State shall be deemed to have consented by
certifying that it will comply with the provisions of that 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. preceding
3701) is amended by inserting after the item relating to section 509
the following new item:
``Sec. 509A. Certification of compliance.''.
SEC. 311. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall take effect on the date
that is 180 days after the date of enactment of this Act.
(b) Section 2258(b) of Title 28, United States Code.--Section
2258(b) of title 28, United States Code, as added by section 208(a),
shall take effect on the date of enactment of this Act.
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.''.
(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.''.
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--YOUTH VIOLENCE
Subtitle A--Increased Penalties for Drug Trafficking and Criminal
Street Gangs
SEC. 601. STRENGTHENING FEDERAL PENALTIES FOR EMPLOYING CHILDREN TO
DISTRIBUTE DRUGS.
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 provision of 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 any
provision of 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 of this section by
any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, or fine, or both, up to triple
that authorized by section 841(b).''.
SEC. 602. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amended by
striking ``Any proceedings against a juvenile under this chapter or as
an adult shall not be commenced until'' and inserting ``A juvenile
shall not be transferred to adult prosecution nor shall a hearing be
held under section 5037 (disposition after a finding of juvenile
delinquency) until''.
SEC. 603. CRIMINAL STREET GANGS.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 25 the following new chapter:
``CHAPTER 26--CRIMINAL STREET GANGS
``Sec.
``521. Criminal street gangs.
``Sec. 521. Criminal street gangs
``(a) Definitions.--In this section--
```conviction' includes a finding, under State or Federal
law, that a person has committed an act of juvenile delinquency
involving a violent or controlled substances felony.
```criminal street gang' means any group, club,
organization, or association of 5 or more persons--
``(A) whose members engage or have engaged within
the past 5 years, in a continuing series of violations
of any offense treated in subsection (b); and
``(B) whose activities affect interstate or foreign
commerce.
``(b) Penalty.--A person who, under the circumstances described in
subsection (d), commits an offense described in subsection (c), shall,
in addition to any other sentence authorized by law, be sentenced to a
term of imprisonment of not more than 10 years and may also be fined
under this title. Such a sentence of imprisonment shall run
consecutively to any other sentence imposed.
``(c) Offenses.--The offenses described in this section are--
``(1) any Federal felony involving a controlled substance
(as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not less than 5
years;
``(2) any Federal felony crime of violence; and
``(3) a conspiracy to commit any of the offenses described
in paragraphs (1) and (2).
``(d) Circumstances.--The circumstances described in this section
are that the offense described in subsection (c) was committed by a
person as a member of, or on behalf of, a criminal street gang and that
person has been convicted within the past 5 years for--
``(1) an offense described in subsection (c);
``(2) any State offense--
``(A) involving a controlled substance (as defined
in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not less
than 1 year after imprisonment; or
``(B) that is a crime of violence; for which the
maximum penalty is more than 1 year's imprisonment;
``(3) any Federal or State offense that involves the theft
or destruction of property for which the maximum penalty is
more than 1 year's imprisonment; or
``(4) a conspiracy to commit any of the offenses described
in paragraphs (1), (2), or (3).''.
(b) Technical Amendment.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 25 the following new item:
``26. Criminal street gangs................................. 521''.
Subtitle B--Juvenile Drug Trafficking and Gang Prevention Grants
SEC. 611. GRANT PROGRAM.
The Juvenile Justice and Delinquency Prevention Act of 1974 is
amended in part B--
(1) by inserting after the heading the following:
``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) In General.--The Administrator may make grants to
States and units of general local government 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 education, prevention, treatment 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) 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, new and 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 provide technical assistance and training to
personnel and agencies responsible for the adjudicatory and
corrections components of the juvenile justice system to
identify drug-dependent or gang-involved juvenile offenders and
to provide appropriate counseling and treatment to such
offenders.
``(6) 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.
``(7) 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 the drug trafficking, drug use or gang-related activities.
``(8) 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.
``(9) To provide pre- and post-trial drug abuse treatment
to juveniles in the juvenile justice system, with the highest
possible priority being to provide drug abuse treatment to
drug-dependent pregnant juveniles and drug-dependent juvenile
mothers.
``(10) To provide education and treatment programs for
youth exposed to severe violence in their homes, schools, or
neighborhoods.
``(11) To establish sports mentoring and coaching programs
in which athletes serve as role models for youth to teach that
athletics provide a positive alternative to drug and gang
involvement.
``(c) Use of Grant Funds.--Of the funds made available to each
State under this section, 50 percent of the funds made available to
each State in any fiscal year shall be used for juvenile anti-gang or
anti-drug education, prevention, and treatment programs and 50 percent
shall be used for juvenile anti-gang or anti-drug enforcement programs.
``special emphasis drug demand reduction and enforcement grants
``Sec. 232. (a) Purpose.--The purposes of this section are--
``(1) to provide additional Federal assistance and support
to identify promising new juvenile drug demand reduction and
enforcement programs;
``(2) to replicate and demonstrate those programs to serve
as national, regional, or local models that could be used, in
whole or in part, by other public and private juvenile justice
programs; and
``(3) to provide technical assistance and training to
public or private organizations to implement similar programs.
``(b) Priority.--In making grants under this section, the
Administrator shall give priority to programs aimed at juvenile
involvement in organized gang- and drug-related activities, including
supply and demand reduction programs.
``(c) Authorization.--The Administrator may make grants to, or
enter into contracts with, public or private non-profit agencies,
institutions, or organizations or individuals to carry out any purpose
authorized in section 231.
``(d) Authority Over Funds.--The Administrator shall have final
authority over all funds awarded under this subchapter.
``(e) Reservation of Funds.--Of the total amount appropriated for
this subchapter, 20 percent shall be reserved and set aside for this
section in a special discretionary fund for use by the Administrator to
carry out the purposes specified in section 231 as described in section
232(a).
``(f) Federal Share.--Grants made under this section may be made
for amounts up to 100 percent of the costs of the programs or projects.
``special international ports of entry juvenile crime and drug demand
reduction grants
``Sec. 233. (a) Purpose.--The purposes of this section are--
``(1) to provide additional Federal assistance and support
to promising new programs that specifically and effectively
address the unique crime and drug and alcohol related
challenges faced by juveniles living at or near International
Ports of Entry and in other international border communities,
including rural localities;
``(2) to replicate and demonstrate these programs to serve
as models that could be used, in whole or in part, in other
similarly situated communities; and
``(3) to provide technical assistance and training to
public or private organizations to implement similar programs.
``(b) Authorization.--The Administrator may make grants to, or
enter into contracts with, public or private non-profit agencies,
institutions, or organizations or individuals to carry out any purpose
authorized in section 231, if the beneficiaries of the grantee's
program are juveniles living at or near International Ports of Entry or
in other international border communities, including rural localities.
``(c) Authority Over Funds.--The Administrator shall have final
authority over all funds awarded under this section.
``(d) Reservation of Funds.--Of the total amount appropriated for
this subchapter, 5 percent shall be reserved and set aside for this
section in a special discretionary fund for use by the Administrator to
carry out the purposes specified in section 231 as described in section
233(a).
``(e) Federal Share.--Grants made under this section may be made
for amounts up to 100 per centum of the costs of the programs.
``authorization of appropriations
``Sec. 234. There are authorized to be appropriated to carry out
this subpart--
``(1) $100,000,000 for fiscal year 1995; and
``(2) such sums as are necessary for fiscal year 1996.
``allocation of fund
``Sec. 235. Of the total amounts appropriated under this subpart
for any fiscal year the amount remaining after setting aside the
amounts required to be reserved to carry out section 232 shall be
allocated as follows:
``(1) $400,000 shall be allocated to each of the
participating States.
``(2) Of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the population of juveniles of the State bears to the
population of juveniles in all of the participating States.
``application
``Sec. 236. (a) In General.--Each State applying for a grant under
section 231 and each public or private entity applying for a grant
under section 232 shall submit an application to the Administrator in
such form and containing such information as the Administrator shall
prescribe.
``(b) Regulations.--To the extent that it is practicable to do so,
the Administrator shall prescribe regulations governing applications
for this subpart that are substantially similar to the applications
required under part I and part C, including the procedures relating to
competition.
``(c) Coordination of Federal Assistance.--In addition to the
requirements prescribed under subsection (b), each State application
submitted for a grant under section 231 shall include a detailed
description of how the funds made available under that section will be
coordinated with Federal assistance provided in parts B and C of title
II of this Act and by the Bureau of Justice Assistance under the Drug
Control and System Improvement Grant program.
``review and approval of applications
``Sec. 237. The procedures and time limits imposed on the Federal
and State Governments under sections 505 and 508, respectively, of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755 and 3758) relating to the review of applications and
distribution of Federal funds shall apply to the review of applications
and distribution of funds under this subpart.''.
Subtitle C--Bindover System for Certain Violent Juveniles
SEC. 621. 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 16- and 17-
year-olds 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.''.
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) by a person engaged in terrorism or
who acts on behalf of a terrorist group;
``(ii) against or on board a ship flying
the flag of the United States at the time the
prohibited activity is committed;
``(iii) in the United States and the
activity is not prohibited as a crime by the
State in which the activity takes place; or
``(iv) 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) 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 Marianas 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, if--
``(i) by a person engaged in terrorism or
who acts on behalf of a terrorist group; or
``(ii) if the activity is not prohibited as
a crime by the State in which the activity
takes place;
``(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) 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 Marianas 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) Definitions.--In this section, `terrorism' and `terrorist
group' have, respectively, the meanings stated in section 140 of Public
Law 100-204 (22 U.S.C. 2656f).
``(b) 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 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.
``(c) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (b) if--
``(1) the prohibited activity takes place in the United
States and--
``(A) the perpetrator of the prohibited activity
engages in terrorism or acts on behalf of a terrorist
group;
``(B) the activity violates subsection (b)(1) and
the person against whom the violence is directed is
engaged in international air travel;
``(C) the activity violates subsection (b)(2) and
the facility or aircraft destroyed or damaged is owned
by or leased by a foreign flag carrier or the services
disrupted are primarily for the benefit of such a
carrier; or
``(D) the activity is not prohibited as a crime by
the law of the State in which the airport is located;
or
``(2) the prohibited activity takes place outside the
United States and the offender is later found in the United
States.''.
(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 sections 201(d) and 203(b)(4) for the fiscal year then
current.''.
(2) Exclusive means of adjustment.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended--
(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 CHILD ABUSE
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--Child Protection
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ``National Child Protection Act
of 1993''.
SEC. 812. PURPOSES.
The purposes of this subtitle are--
(1) to establish a national system through which child care
organizations may obtain the benefit of a nationwide criminal
background check to determine if persons who are current or
prospective child care providers have committed child abuse
crimes or other serious crimes;
(2) to establish minimum criteria for State laws and
procedures that permit child care organizations to obtain the
benefit of nationwide criminal background checks to determine
if persons who are current or prospective child care providers
have committed child 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 child 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 ``authorized agency'' means a division or
office of a State designated by a State to report, receive, or
disseminate information under this subtitle;
(2) the term ``background check crime'' means a child abuse
crime, murder, manslaughter, aggravated assault, kidnapping,
arson, sexual assault, domestic violence, incest, indecent
exposure, prostitution, promotion of prostitution, and a felony
offense involving the use or distribution of a controlled
substance;
(3) the term ``child'' means a person who is a child for
purposes of the criminal child abuse law of a State;
(4) the term ``child abuse'' means the physical or mental
injury, sexual abuse or exploitation, 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;
(5) the term ``child abuse crime'' means a crime committed
under any law of a State that establishes criminal penalties
for the commission of child abuse by a parent or other family
member of a child or by any other person;
(6) the term ``child abuse crime information'' means the
following facts concerning a person who is under indictment
for, or has been convicted of, a child abuse crime: full name,
race, sex, date of birth, height, weight, a brief description
of the child 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, a
child abuse crime;
(7) the term ``child care'' means the provision of care,
treatment, education, training, instruction, supervision, or
recreation to children;
(8) the term ``domestic violence'' means a 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;
(9) the term ``exploitation'' means child pornography and
child prostitution;
(10) the term ``mental injury'' means harm to a child's
psychological or intellectual functioning, which may be
exhibited by severe anxiety, depression, withdrawal or outward
aggressive behavior, or a combination of those behaviors or by
a change in behavior, emotional response, or cognition;
(11) the term ``national criminal background check system''
means the system maintained by the Federal Bureau of
Investigation based on fingerprint identification or any other
method of positive identification;
(12) the term ``negligent treatment'' means the failure to
provide, for a reason other than poverty, adequate food,
clothing, shelter, or medical care so as to seriously endanger
the physical health of a child;
(13) the term ``physical injury'' includes lacerations,
fractured bones, burns, internal injuries, severe bruising, and
serious bodily harm;
(14) the term ``provider'' means
(A) a person who--
(i) is employed by or volunteers with a
qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsupervised
access to a child to whom the qualified entity
provides child 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 child to whom the
qualified entity provides child care;
(15) the term ``qualified entity'' means a business or
organization, whether public, private, for-profit, not-for-
profit, or voluntary, that provides child care or child care
placement services, including a business or organization that
licenses or certifies others to provide child care or child
care placement services;
(16) the term ``sex crime'' means an act of sexual abuse
that is a criminal act;
(17) 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
(18) 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--
(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 child to
whom the qualified entity provides child care;
(B) that each State establish procedures under which a
provider who is the subject of a background check under
subsection (a) is entitled--
(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 child to whom the qualified
entity provides child 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;
and
(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 of 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 Protection Act of 1993 with
the Attorney General for the purpose of implementing the
National Child Protection Act of 1993.''.
(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 $20,000,000 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.
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 (c) by striking ``If the Court decides to
order restitution under this section, the'' and inserting
``The'';
(5) by striking subsections (d), (e), (f), (g), and (h);
and
(6) 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
``(C) disburse money received from an offender so
that each of the following obligations is paid in full
in the following sequence:
``(i) a penalty assessment under section
3013 of title 18, United States Code;
``(ii) restitution of all victims; and
``(iii) all other fines, penalties, costs,
and other payments required under the sentence;
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.''.
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.''.
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 thereof the following new paragraph:
``(12) If any part of 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 1123 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 admissable 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 1123
of the DNA Identification Act of 1993.''.
(c) Authorization of Appropriations.--For each of fiscal years 1995
through 1999 there are authorized to be appropriated $10,000,000 for
grants to the States for DNA analysis.
SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TESTING STANDARDS.
(a) Publication of Quality Assurance and Proficiency Testing
Standards.--(1) Not later than 180 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigation shall
appoint an advisory board on DNA quality assurance methods. The
Director shall appoint members of the board from among nominations
proposed by the head of the National Academy of Sciences and
professional societies of crime laboratory directors. The advisory
board shall include as members scientists from state and local forensic
laboratories, molecular geneticists and population geneticists not
affiliated with a forensic laboratory, and a representative from the
National Institute of Standards and Technology. 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.--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. 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). 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.
SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORMATION.
(a) 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) Such index may include only information on DNA identification
records and DNA analyses that are--
(1) based on analyses performed 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
1123 of the DNA Identification Act of 1993;
(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 1123 of the
DNA Identification Act of 1993; 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
admissable 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) The exchange of records authorized by this section is subject
to cancellation if the quality control and privacy requirements
described in subsection (b) of this section are not met.
SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.
(a) Proficiency Testing Requirements.--
(1) Generally.--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 1123(b). Within 1
year of 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. As used in this paragraph, the term ``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
referred to 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; or
(B) 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) Whoever--
(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) Whoever, 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 $4,500,000 for each of fiscal years 1995 through 1999 to
carry out sections 1003, 1004, and 1005.
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, 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.
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 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 each of fiscal years 1995 and 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).
Subtitle D--Study Rights of Police Officers
SEC. 1161. STUDY ON OFFICERS' RIGHTS.
The Attorney General, through the National Institute of Justice,
shall conduct a study of the procedures followed in internal,
noncriminal investigations of State and local law enforcement officers
to determine if such investigations are conducted fairly and
effectively. The study shall examine the adequacy of the rights
available to law enforcement officers and members of the public in
cases involving the performance of a law enforcement officer,
including--
(1) notice;
(2) conduct of questioning;
(3) counsel;
(4) hearings;
(5) appeal; and
(6) sanctions.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to the Congress a report on the results
of the study, along with findings and recommendations on strategies to
guarantee fair and effective internal affairs investigations.
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 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; and
(6) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support.
(b) Regulatory Authority.--The Attorney General may 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.
(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 of
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.
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 and
during the pretrial period.
``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 and on a
regular basis pending trial for the purpose of making pretrial
detention decisions.
``(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 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 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 offenders and promote reduced recidivism, crime prevention, and
assistance to victims, particularly for young 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 offenders;
``(2) boot camp prison programs;
``(3) technical training and support for the implementation
and maintenance of State and local restitution programs for
young 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 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
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 2102(b) for young
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
45 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 45 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 45-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 offenders of the State bears to the number of
young 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.
``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 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 offender' means an individual 28 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.
``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 45 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 9 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 2202(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 7 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 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 9 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 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 the prisoner 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.
Subtitle B--State Prisons
SEC. 1321. BOOT CAMPS AND REGIONAL 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, and
improving boot camp prison programs;
(B) developing, constructing, and operating
regional 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 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.
(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) Determination of suitability for conversion.--
Notwithstanding any base closure law, the Secretary of Defense
may not take any action to dispose of or transfer any real
property or facility located at a military installation to be
closed or realigned under a base closure law until the
Secretary notifies the Attorney General of any property or
facility at that installation that is suitable for use as a
boot camp prison or regional prison.
(3) Transfer.--The Secretary shall, upon the request of the
Attorney General, transfer to the Attorney General, without
reimbursement, the property or facilities covered by the
notification referred to in paragraph (2) in order to permit
the Attorney General to utilize the property or facilities as a
boot camp prison or regional prison.
(4) 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 $200,000,000, 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.
(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.
TITLE XIV--RURAL CRIME
Subtitle A--Fighting 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 (42 U.S.C.
3793(9)) is amended by striking ``and such'' and all that follows
through ``part O'' and inserting ``$50,000,000 for fiscal year 1995 and
such sums as are necessary for fiscal years 1996 and 1997 to carry out
part O''.
(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 DRUG ENFORCEMENT TASK FORCES.
(a) Establishment.--Not later than 1 year 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 Drug Enforcement Task
Force in each of the Federal judicial districts which encompass
significant rural lands.
(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; and
(5) 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.
The Attorney General may cross-designate up to 100 law enforcement
officers from each of the agencies specified under section 1402(b)(5)
with jurisdiction to enforce the provisions of the Controlled
Substances Act on non-Federal lands to the extent necessary to effect
the purposes of this title.
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 is authorized to be
appropriated to carry out subsection (a) $1,000,000 for each of fiscal
years 1995, 1996, and 1997.
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).
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'';
(C) by striking ``as a solvent, reagent, or
catalyst''; and
(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.''.
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 22 members, appointed as follows:
(1) 6 persons by the President;
(2) 8 persons by the Speaker of the House of
Representatives, two of whom shall be appointed on the
recommendation of the minority leader; and
(3) 8 persons by the President pro tempore of the Senate,
six of whom shall be appointed on the recommendation of the
majority leader of the Senate and two of whom shall be
appointed on the recommendation of the minority leader 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 13
members, as follows:
(A) President.--Three individuals appointed by the
President.
(B) Senate.--Five individuals appointed jointly by
the majority and minority leaders of the Senate. Not
more than 3 members appointed under this paragraph may
be of the same political party. At least 1 member
appointed under this paragraph shall be a recovering
drug user.
(C) House of representatives.--Five individuals
appointed jointly by the Speaker, majority leader, and
minority leader of the House of Representatives. Not
more than 3 members appointed under this paragraph may
be of the same political party. At least 1 member
appointed under this paragraph shall be a recovering
drug abuser.
(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 23
members as follows:
(1) Seven individuals from national law enforcement
organizations representing law enforcement officers, of whom--
(A) Two shall be appointed by the Speaker of the
House of Representatives;
(B) Two shall be appointed by the majority leader
of the Senate;
(C) One shall be appointed by the minority leader
of the House of Representatives;
(D) One shall be appointed by the minority leader
of the Senate; and
(E) One shall be appointed by the President.
(2) Seven individuals from national law enforcement
organizations representing law enforcement management, of
whom--
(A) Two shall be appointed by the Speaker of the
House of Representatives;
(B) Two shall be appointed by the majority leader
of the Senate;
(C) One shall be appointed by the minority leader
of the House of Representatives;
(D) One shall be appointed by the minority leader
of the Senate; and
(E) One shall be appointed by the President.
(3) Two individuals with academic expertise regarding law
enforcement issues, of whom--
(A) One shall be appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate.
(B) One shall be appointed by the minority leader
of the Senate and the minority leader of the House of
Representatives.
(4) Two Members of the House of Representatives, appointed
by the Speaker and the minority leader of the House of
Representatives.
(5) Two Members of the Senate, appointed by the majority
leader and the minority leader of the Senate.
(6) One individual involved in Federal law enforcement from
the Department of the Treasury, appointed by the President.
(7) One individual from the Department of Justice,
appointed by the President.
(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed by the Majority Leader of the
Senate.
(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or State
Attorney General, to be appointed by the Speaker of the House
of Representatives.
(10) One individual representing a State or local
governmental entity, such as a governor, mayor, or State
attorney general, to be appointed by the President.
(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.
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 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.''.
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 Spanish 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 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; and
``(4) for the prevention and reduction of the participation
of young individuals in organized crime and drug and gang-
related activities in schools.
``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 filed 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 Spanish.
``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).
``(3) Population.--The number of students to be served by
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 U $100,000,000 for each of fiscal years 1994, 1995,
and 1996.''.
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. INCREASED 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 by striking ``imprisoned not more
than five years'' and inserting ``imprisoned not more than 10
years''; and
(2) in the second sentence by striking ``imprisoned not
more than fifteen years'' and inserting ``imprisoned not more
than 20 years''.
(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''.
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) only 1 of these vacancies has been filled,
(5) during the current administration, it has taken an
average of 502 days from the time a judgeship becomes vacant
until such vacancy is filled,
(6) 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,
(7) recommendations by the Judicial Conference for the
filling of judicial vacancies are currently made on the basis
of historical data alone,
(8) 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,
(9) 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,
(10) 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
(11) 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.''.
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 Act.--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; and
(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''.
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