[Congressional Record Volume 141, Number 5 (Tuesday, January 10, 1995)]
[Senate]
[Pages S688-S692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    VIOLENT CRIME CONTROL AND LAW ENFORCEMENT AMENDMENTS ACT OF 1995

  Mr. HATCH. Mr. President, I ask unanimous consent that the full text 
and section summary of S. 38, the Violent Crime Control and Law 
Enforcement Amendments Act of 1995, introduced on January 4, 1995, be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:
       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 Amendments Act of 1995''.

     SEC. 2. ELIMINATION OF INEFFECTIVE PROGRAMS.

       The Violent Crime Control and Law Enforcement Act of 1994 
     is amended by striking subtitles A, B, C, D, G, H, J, K, O, 
     Q, S, U and X of title III, title V, and title XXVII.

     SEC. 3. AMENDMENT OF VIOLENT OFFENDER INCARCERATION AND TRUTH 
                   IN SENTENCING INCENTIVE GRANT PROGRAM.

       (a) In General.--Subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 and the 
     amendments made thereby are amended to read as follows:
 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

     ``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

       ``(a) Grant Authorization.--The Attorney General may make 
     grants to individual States and to States organized as multi-
     State compacts to construct, develop, expand, modify, 
     operate, or improve conventional correctional facilities, 
     including prisons and jails, for the confinement of violent 
     offenders, to ensure that prison cell space is available for 
     the confinement of violent offenders and to implement truth 
     in sentencing laws for sentencing violent offenders.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this subtitle, a State or States organized as multi-State 
     compacts shall submit an application to the Attorney General 
     that includes--
       ``(1)(A) except as provided in subparagraph (B), assurances 
     that the State or States have implemented, or will implement, 
     correctional policies and programs, including truth in 
     sentencing laws that ensure that violent offenders serve a 
     substantial portion of the sentences imposed, that are 
     designed to provide sufficiently severe punishment for 
     violent offenders, including violent juvenile offenders, and 
     that the prison time served is

[[Page S689]]

     appropriately related to the determination that the inmate is 
     a violent offender and for a period of time determined to be 
     necessary to protect the public;
       ``(B) in the case of a State that on the date of enactment 
     of the Violent Crime Control and Law Enforcement Amendments 
     Act of 1995, practices indeterminant sentencing, a 
     demonstration that average times served for the offenses of 
     murder, rape, robbery, and assault in the State exceed by at 
     least 10 percent the national average of times served for 
     such offenses in all of the States;
       ``(2) assurances that the State or States have implemented 
     policies that provide for the recognition of the rights and 
     needs of crime victims;
       ``(3) assurances that funds received under this section 
     will be used to construct, develop, expand, modify, operate, 
     or improve conventional correctional facilities;
       ``(4) assurances that the State or States have involved 
     counties and other units of local government, when 
     appropriate, in the construction, development, expansion, 
     modification, operation, or improvement of correctional 
     facilities designed to ensure the incarceration of violent 
     offenders, and that the State or States will share funds 
     received under this section with counties and other units of 
     local government, taking into account the burden placed on 
     these units of government when they are required to confine 
     sentenced prisoners because of overcrowding in State prison 
     facilities;
       ``(5) assurances that funds received under this section 
     will be used to supplement, not supplant, other Federal, 
     State, and local funds;
       ``(6) assurances that the State or States have implemented, 
     or will implement not later than 18 months after the date of 
     the enactment of the Violent Crime Control and Law 
     Enforcement Amendments Act of 1995, policies to determine the 
     veteran status of inmates and to ensure that incarcerated 
     veterans receive the veterans benefits to which they are 
     entitled; and
       ``(7) if applicable, documentation of the multi-State 
     compact agreement that specifies the construction, 
     development, expansion, modification, operation, or 
     improvement of correctional facilities.

     ``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

       ``(a) Truth in Sentencing Grant Program.--Fifty percent of 
     the total amount of funds appropriated to carry out this 
     subtitle for each of fiscal years 1996, 1997, 1998, 1999, and 
     2000 shall be made available for Truth in Sentencing 
     Incentive Grants. To be eligible to receive such a grant, a 
     State must meet the requirements of section 20101(b) and 
     shall demonstrate that the State--
       ``(1) has in effect laws that require that persons 
     convicted of violent crimes serve not less than 85 percent of 
     the sentence imposed;
       ``(2) since 1993--
       ``(A) has increased the percentage of convicted violent 
     offenders sentenced to prison;
       ``(B) has increased the average prison time that will be 
     served in prison by convicted violent offenders sentenced to 
     prison; and
       ``(C) has in effect at the time of application laws 
     requiring that a person who is convicted of a violent crime 
     shall serve not less than 85 percent of the sentence imposed 
     if--
       ``(i) the person has been convicted on 1 or more prior 
     occasions in a court of the United States or of a State of a 
     violent crime or a serious drug offense; and
       ``(ii) each violent crime or serious drug offense was 
     committed after the defendant's conviction of the preceding 
     violent crime or serious drug offense; or
       ``(3) in the case of a State that on the date of enactment 
     of the Violent Crime Control and Law Enforcement Amendments 
     Act of 1995 practices indeterminant sentencing, a 
     demonstration that average times served for the offenses of 
     murder, rape, robbery, and assault in the State exceed by at 
     least 10 percent the national average of times served for 
     such offenses in all of the States.
       ``(b) Allocation of Truth in Sentencing Incentive Funds.--
     The amount made available to carry out this section for any 
     fiscal year shall be allocated to each eligible State in the 
     ratio that the number of part 1 violent crimes reported by 
     such State to the Federal Bureau of Investigation for the 
     previous year bears to the number of part 1 violent crimes 
     reported by all States to the Federal Bureau of Investigation 
     for the previous year.

     ``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

       ``(a) Violent Offender Incarceration Grant Program.--Fifty 
     percent of the total amount of funds appropriated to carry 
     out this subtitle for each of fiscal years 1996, 1997, 1998, 
     1999, and 2000 shall be made available for Violent Offender 
     Incarceration Grants. To be eligible to receive such a grant, 
     a State or States must meet the requirements of section 
     20101(b).
       ``(b) Allocation of Violent Offender Incarceration Funds.--
       ``(1) Formula allocation.--0.6 percent shall be allocated 
     to each eligible State except that the United States Virgin 
     Islands, American Samoa, Guam, and the Northern Mariana 
     Islands each shall be allocated 0.05 percent.
       ``(2) Remainder.--The amount remaining after application of 
     subparagraph (A) shall be allocated to each eligible State in 
     the ratio that the number of part 1 violent crimes reported 
     by such State to the Federal Bureau of Investigation for the 
     previous year bears to the number of part 1 violent crimes 
     reported by all States to the Federal Bureau of Investigation 
     for the previous year.

     ``SEC. 20104. RULES AND REGULATIONS.

       ``(a) In General.--The Attorney General shall issue rules 
     and regulations regarding the uses of grant funds received 
     under this subtitle not later than 90 days after the date of 
     enactment of the Violent Crime Control and Law Enforcement 
     Amendments Act of 1995.
       ``(b) Best Available Data.--If data regarding part 1 
     violent crimes in any State for the previous year is 
     unavailable or substantially inaccurate, the Attorney General 
     shall utilize the best available comparable data regarding 
     the number of violent crimes for the previous year for that 
     State for the purposes of allocation of any funds under this 
     subtitle.

     ``SEC. 20105. DEFINITIONS.

       ``In this subtitle--
       ``(1) the term `part 1 violent crimes' means murder and 
     non-negligent manslaughter, forcible rape, robbery, and 
     aggravated assault as reported to the Federal Bureau of 
     Investigation for purposes of the Uniform Crime Reports;
       ``(2) the term `State' or `States' means a State, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands; and
       ``(3) the term `indeterminate sentencing' means a system by 
     which the court has discretion on imposing the actual length 
     of the sentence, up to the statutory maximum and an 
     administrative agency, generally the parole board, controls 
     release between court-ordered minimum and maximum sentence.

     ``SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle--
       ``(1) $1,000,000,000 for fiscal year 1996;
       ``(2) $1,150,000,000 for fiscal year 1997;
       ``(3) $2,100,000,000 for fiscal year 1998;
       ``(5) $2,200,000,000 for fiscal year 1999; and
       ``(6) $2,270,000,000 for fiscal year 2000.''.
       (b) Technical and Conforming Amendments.--
       (1) Technical amendment.--The table of contents for the 
     Violent Crime Control and Law Enforcement Act of 1994 is 
     amended by striking the items for subtitle A of title II, and 
     inserting the following:

``Sec. 20101. Grants for correctional facilities.
``Sec. 20102. Truth in sentencing incentive grants.
``Sec. 20103. Violent offender incarceration grants.
``Sec. 20104. Rules and regulations.
``Sec. 20105. Definitions.
``Sec. 20106. Authorization of appropriations.''.

       (2) Conforming amendment.--Section 310004(d) of the Violent 
     Crime Control and Law Enforcement Act of 1994 is amended in 
     the definition of ``State and local law enforcement 
     program'', in paragraph (13), by striking ``20101-20109'' and 
     inserting ``20102-20108''.

     SEC. 4. PUNISHMENT FOR YOUNG OFFENDERS.

       (a) In General.--Subtitle B of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 and the 
     amendment made by that subtitle is repealed.
       (b) Conforming Amendments.--The Violent Crime Control and 
     Law Enforcement Act of 1994 is amended--
       (1) in section 32101,
       (2) in section 310004(d), in the definition of ``State and 
     local law enforcement program''--
       (A) in paragraph (14), by inserting ``and'' at the end;
       (B) in paragraph (15), by striking ``; and'' and inserting 
     a period; and
       (C) by striking paragraph (16).

     SEC. 5. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS 
                   USING FIREARMS.

       Section 924(c)(1) of title 18, United States Code, is 
     amended by inserting after the first sentence the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided by the preceding sentence or by any other 
     provision of this subsection or any other law, a person who, 
     during and in relation to any crime of violence or drug 
     trafficking crime (including a crime of violence or drug 
     trafficking crime that provides for an enhanced punishment if 
     committed by the use of a deadly or dangerous weapon or 
     device) for which a person may be prosecuted in a court of 
     the United States, uses or carries a firearm, shall, in 
     addition to the punishment provided for such crime of 
     violence or drug trafficking crime--
       ``(A) be punished by imprisonment for not less than 10 
     years;
       ``(B) if the firearm is discharged, be punished by 
     imprisonment for not less than 20 years; and
       ``(C) if the death of a person results, be punished by 
     death or by imprisonment for not less than life.

     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person convicted of 
     a violation of this subsection, nor shall the term of 
     imprisonment imposed under this subsection run concurrently 
     with any other term of imprisonment including that imposed 
     for the crime of violence or drug trafficking crime in which 
     the firearm was used or carried. No person sentenced under 
     this subsection shall be eligible for parole during the term 
     of imprisonment imposed under this subsection.''.

[[Page S690]]



     SEC. 6. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO USE 
                   MINORS IN DRUG TRAFFICKING ACTIVITIES.

       (a) Employment of Persons Under 18 Years of Age.--Section 
     420 of the Controlled Substances Act (21 U.S.C. 861) is 
     amended--
       (1) In subsection (b), by adding at the end the following: 
     ``Except to the extent a greater minimum sentence is 
     otherwise provided, a term of imprisonment of a person 21 or 
     more years of age convicted of drug trafficking under this 
     subsection shall be not less than 10 years. Notwithstanding 
     any other law, the court shall not place on probation or 
     suspend the sentence of any person sentenced under the 
     preceding sentence.''; and
       (2) in subsection (c), (penalty for second offenses) by 
     inserting after the second sentence the following: ``Except 
     to the extent a greater minimum sentence is otherwise 
     provided, a term of imprisonment of a person 21 or more years 
     of age convicted of drug trafficking under this subsection 
     shall be a mandatory term of life imprisonment. 
     Notwithstanding any other law, the court shall not place on 
     probation or suspend the sentence of any person sentenced 
     under the preceding sentence.''.

     SEC. 7. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS 
                   CONVICTED OF DISTRIBUTION OF DRUGS TO MINORS.

       (a) In General.--Section 418 of the Controlled Substances 
     Act (21 U.S.C. 859) is amended--
       (1) in subsection (a)--
       (A) by striking ``eighteen'' and inserting ``twenty-one'';
       (B) by striking ``twenty-one'' and inserting ``eighteen'';
       (C) by striking ``not less than one year'' and inserting 
     ``not less than ten years''; and
       (D) by striking the last sentence;
       (2) in subsection (b)--
       (A) by striking ``at least eighteen'' and inserting ``at 
     least twenty-one'';
       (B) by striking ``under twenty-one'' and inserting ``under 
     eighteen'';
       (C) by striking ``not less than one year'' and inserting 
     ``a mandatory term of life imprisonment''; and
       (D) by striking the last sentence;
       (3) by adding at the end the following new subsection:
       ``(c) Offenses Involving Small Quantities of Marijuana.--
     The mandatory minimum sentencing provisions of this section 
     shall not apply to offenses involving five grams or less of 
     marijuana.''; and
       (4) by amending the section heading to read as follows:


            ``DISTRIBUTION TO PERSONS UNDER AGE EIGHTEEN''.

       (b) Technical Amendment.--The table of contents for the 
     Controlled Substances Act is amended in the part relating to 
     title D, by striking the items for sections 416 through 422, 
     and inserting the following:

``Sec. 416. Establishment of manufacturing operations.
``Sec. 417. Endangering human life while illegally manufacturing a 
              controlled substance.
``Sec. 418. Distribution to persons under age eighteen.
``Sec. 419. Distribution or manufacturing in or near schools and 
              colleges.
``Sec. 420. Employment or use of persons under 18 years of age in drug 
              operations.
``Sec. 421. Denial of Federal benefits to drug traffickers and 
              possessors.
``Sec. 422. Drug paraphernalia.''.

     SEC. 8. PENALTIES FOR DRUG OFFENSES IN DRUG-FREE ZONES.

       (a) Repeal.--Section 90102 of the Violent Crime Control and 
     Law Enforcement Act of 1994 is repealed.
       (b) In General.--Section 419 of the Controlled Substances 
     Act (21 U.S.C. 860) is amended--
       (1) in subsection (a)--
       (A) by striking ``not less than one year'' and inserting 
     ``not less than five years''; and
       (B) by striking the last sentence;
       (2) in subsection (b), by striking ``not less than three 
     years'' and inserting ``not less than ten years'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (4) by inserting after subsection (b), the following new 
     subsection (c):
       ``(c) The mandatory minimum sentencing provisions of this 
     section shall not apply to offenses involving five grams or 
     less of marijuana.''.

     SEC. 9. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM 
                   SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES.

       (a) Amendment of Title 18, United States Code.--Section 
     3553 of title 18, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(f) Mandatory Minimum Sentence Provisions.--
       ``(1) Sentencing under this section.--In the case of an 
     offense described in paragraph (2), the court shall, 
     notwithstanding the requirement of a mandatory minimum 
     sentence in that section, impose a sentence in accordance 
     with this section and the sentencing guidelines and any 
     pertinent policy statement issued by the United States 
     Sentencing Commission.
       ``(2) Offenses.--An offense is described in this paragraph 
     if--
       ``(A) the defendant is subject to a mandatory minimum term 
     of imprisonment under section 401 or 402 of the Controlled 
     Substances Act (21 U.S.C. 841 and 844) or section 1010 of the 
     Controlled Substances Import and Export Act (21 U.S.C. 960);
       ``(B) the defendant does not have--
       ``(i) any criminal history points under the sentencing 
     guidelines; or
       ``(ii) any prior conviction, foreign or domestic, for a 
     crime of violence against a person or a drug trafficking 
     offense that resulted in a sentence of imprisonment (or an 
     adjudication as a juvenile delinquent for an act that, if 
     committed by an adult, would constitute a crime of violence 
     against a person or a drug trafficking offense);
       ``(C) the offense did not result in death or serious bodily 
     injury (as defined in section 1365) to any person--
       ``(i) as a result of the act of any person during the 
     course of the offense; or
       ``(ii) as a result of the use by any person of a controlled 
     substance that was involved in the offense;
       ``(D) the defendant did not carry or otherwise have 
     possession of a firearm (as defined in section 921) or other 
     dangerous weapon during the course of the offense and did not 
     direct another person to carry a firearm and the defendant 
     had no knowledge of any other conspirator involved in the 
     offense possessing a firearm;
       ``(E) the defendant was not an organizer, leader, manager, 
     or supervisor of others (as defined or determined under the 
     sentencing guidelines) in the offense;
       ``(F) the defendant did not use, attempt to use, or make a 
     credible threat to use physical force against the person of 
     another during the course of the offense;
       ``(G) the defendant did not own the drugs, finance any part 
     of the offense, or sell the drugs; and
       ``(H) the Government certifies that the defendant has 
     timely and truthfully provided to the Government all 
     information and evidence the defendant has concerning the 
     offense or offenses that were part of the same course of 
     conduct or of a common scheme or plan.''.
       (b) Harmonization.--
       (1) In general.--The United States Sentencing Commission--
       (A) may make such amendments as it deems necessary and 
     appropriate to harmonize the sentencing guidelines and policy 
     statements with section 3553(f) of title 18, United States 
     Code, as added by subsection (a), and promulgate policy 
     statements to assist the courts in interpreting that 
     provision; and
       (B) shall amend the sentencing guidelines, if necessary, to 
     assign to an offense under section 401 or 402 of the 
     Controlled Substances Act (21 U.S.C. 841 and 844) or section 
     1010 of the Controlled Substances Import and Export Act (21 
     U.S.C. 960) to which a mandatory minimum term of imprisonment 
     applies, a guideline level that will result in the imposition 
     of a term of imprisonment at least equal to the mandatory 
     term of imprisonment that is currently applicable, unless a 
     downward adjustment is authorized under section 3553(f) of 
     title 18, United States Code, as added by subsection (a).
       (2) Emergency amendments.--If the Commission determines 
     that an expedited procedure is necessary in order for 
     amendments made pursuant to paragraph (1) to become effective 
     on the effective date specified in subsection (c), the 
     Commission may promulgate such amendments as emergency 
     amendments under the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 
     1271), as though the authority under that section had not 
     expired.
       (c) Effective Date.--The amendment made by subsection (a) 
     and any amendments to the sentencing guidelines made by the 
     United States Sentencing Commission pursuant to subsection 
     (b) shall apply with respect to sentences imposed for 
     offenses committed on or after the date that is 60 days after 
     the date of enactment of the Violent Crime Control and Law 
     Enforcement Amendments Act of 1995.
       (d) Repeal of Title VIII of Violent Crime Control and Law 
     Enforcement Act of 1994.--Title VIII of Violent Crime Control 
     and Law Enforcement Act of 1994 and the amendments made by 
     that title are repealed effective as of the effective date 
     specified in subsection (c).

     SEC. 10. MANDATORY RESTITUTION TO VICTIMS OF VIOLENT CRIMES.

       (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 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

[[Page S691]]

       (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
       ``(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.''.
                                  ____


      THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT AMENDMENTS ACT

       This legislation is based on Republican proposals 
     championed during the debate on the Conference Report on the 
     1994 Crime Bill. The bill eliminates much of the ``pork'' 
     contained in the 1994 Crime Bill and strengthens prison and 
     sentencing provisions.
       Should you have questions about the bill not answered by 
     this summary, please call Mike O'Neill or Mike Kennedy of the 
     Judiciary Committee staff at extension 4-5225.


                      section-by-section analysis

                          Sec. 1. Short Title

       The short title of the bill is the Violent Crime Control 
     and Law Enforcement Amendments Act of 1995.

              Sec. 2. Elimination of Ineffective Programs

       Section 2 eliminates the wasteful social programs passed in 
     the 1994 Crime Bill, including the Local Partnership Act, the 
     National Community Economic Partnership Act and the Family 
     Unity Demonstration Project, among many others. These 
     programs would have wasted billions of dollars on 
     duplicative, top-down spending programs without reducing 
     violent crime.
       Of the over $4.5 billion dollars saved by eliminating these 
     programs, approximately $1 billion is redirected to prison 
     construction and operation grants.

   Sec. 3. Amendment of Violent Offender Incarceration and Truth in 
                   Sentencing Incentive Grant Program

       Section 3 amends the prisons grants included in the 1994 
     Crime Bill to insure that the funds are spent on the actual 
     construction and operation of prisons for violent offenders 
     and would also remove provisions tying the funds to federal 
     mandates on state corrections systems. Specifically, the 
     proposal would make the following changes:
       The Act currently allows prison funds to be spent on 
     alternative correctional facilities in order ``to free 
     conventional prison space.'' This section requires that 
     prison grants be spent on conventional prisons to house 
     violent offenders, not on alternative facilities.
       The proposal removes from the Act a provision which would 
     have conditioned state receipt of the prison grants on 
     adoption of a comprehensive correctional plan that would 
     include diversion programs, jobs skills programs for 
     prisoners, and post-release assistance. Accordingly, these 
     grants will be used exclusively to build and operate prisons.
       The proposal amends the prisons grant allocation provisions 
     of the Act by increasing the minimum per-state allocation and 
     removing the Attorney General's discretionary grant 
     authority.

                 Sec. 4. Punishment for Young Offenders

       Section 4 repeals Subtitle B of title II of the 1994 Crime 
     Bill, authorized $150 million in discretionary grants for 
     alternate sanctions for criminal juveniles.

   Sec. 5. Increased Mandatory Minimum Sentences for Criminals Using 
                                Firearms

       Section 5 establishes a mandatory minimum penalty of 10 
     years' imprisonment for anyone who uses or carries a firearm 
     during a federal crime of violence or federal drug 
     trafficking crime. If the firearm is discharged, the person 
     faces a mandatory minimum penalty of 20 years' imprisonment. 
     If death results, the penalty is death or life imprisonment.

Sec. 6. Mandatory Minimum Prison Sentences for Those Who Use Minors in 
                      Drug Trafficking Activities

       Section 6 establishes a mandatory minimum sentence of 10 
     years' imprisonment for

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     anyone who employs a minor in drug trafficking activities. 
     The section also establishes a sentence of mandatory life 
     imprisonment for a second offense.

     Sec. 7. Mandatory Minimum Sentences for Persons Convicted of 
                    Distributions of Drugs to Minors

       Section 7 establishes a mandatory minimum sentence of 10 
     years' imprisonment for anyone 21 years of age or older who 
     sells drugs to a minor. The section also establishes a 
     sentence of mandatory life imprisonment for a second offense.

         Sec. 8. Penalties for Drug Offenses in Drug-Free Zones

       Section 8 establishes new mandatory minimum sentences for 
     drug offenses in drug-free zones which were omitted from the 
     1994 Crime Bill.

   Sec. 9. Flexibility in Application of Mandatory Minimum Sentence 
                  Provisions in Certain Circumstances

       Section 9 includes a narrowly circumscribed mandatory 
     minimum reform measure that returns a small degree of 
     discretion to the federal courts in the sentencing of truly 
     first-time, non-violent low-level drug offenders. To deviate 
     from the mandatory minimum, the court would have to find that 
     the defendant did not finance the drug sale, did not sell the 
     drugs, and did not act as a leader or organizer.

       Sec. 10. Mandatory Restitution to Victims of Violent Crime

       Section 10 amends 18 U.S.C. 3663 by mandating federal 
     judges to enter orders requiring defendants to provide 
     restitution to the victims of their crimes.

                          ____________________