[Congressional Record Volume 141, Number 206 (Thursday, December 21, 1995)]
[Senate]
[Pages S19113-S19117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KYL (for himself, Mr. Hatch, and Mr. DeWine):
  S. 1495. A bill to control crime, and for other purposes; to the 
Committee on the Judiciary.


                    THE CRIME PREVENTION ACT OF 1995

  Mr. KYL. Mr. President, I rise to introduce the Crime Prevention Act. 
One of the most important responsibilities for the 104th Congress is to 
pass a tough comprehensive crime measure that will restore law and 
order to America's streets.
  Reported crime may have decreased slightly over the past few years, 
but the streets are still too dangerous. Too many Americans are afraid 
to go out for fear of being robbed, assaulted, or murdered.
  In fact, according to the Bureau of Justice Statistics report 
``Highlights from 20 Years of Surveying Crime Victims,'' approximately 
2 million people are injured a year as a result of violent crime. Of 
those who are injured, more than half require some level of medical 
treatment and nearly a quarter receive treatment in a hospital 
emergency room or require hospitalization.


                       THE CRIME CLOCK IS TICKING

  The picture painted by crime statistics is frightening. According to 
the Uniform Crime Reports released by the Department of Justice, in 
1994 there was: a violent crime every 17 seconds; a murder every 23 
minutes; a forcible rape every 5 minutes; a robbery every 51 seconds; 
an aggravated assault every 28 seconds; a property crime every 3 
seconds; a burglary every 12 seconds; and a motor vehicle theft every 
20 seconds.
  In short, a crime index offense occurred every 2 seconds. And this is 
just reported crime.


                               STATISTICS

  Again, according to the Uniform Crime Reports in 1994, there were 
1,864,168 violent crimes reported to law enforcement, a rate of 716 
violent crimes per 100,000 inhabitants. The 1994 total was 2 percent 
above the 1990 level and 40 percent above that of 1985.
  Further, juvenile crime is skyrocketing. According to statistics 
compiled by the FBI, from 1985 to 1993 the number of homicides 
committed by males aged 18 to 24 increased 65 percent, and by males 
aged 14 to 17 increased 165 percent. In addition, according to 
statistics recently released by the Department of Justice, during 1993, 
the youngest age group surveyed--those 12 to 15 years old--had the 
greatest risk of being the victims of violent crimes.
  Crime in my State, Arizona, is very much on the rise. In 1994, 
Phoenix suffered a record 244 homicides. An article in the December 
12th Arizona Republic, stated that 235 people have been slain this 
year, 9 short of last year's record. Statewide crime was up in Mesa, 
Chandler, Glendale, Scottsdale, and Tempe. By August, the number of 
murders in Tucson this year eclipsed last year's total.


                        THE HEAVY COST OF CRIME

  Aside from the vicious personal toll exacted, crime also has a 
devastating effect on the economy of our country. Business Week 
estimated in 1993 that crime costs Americans $425 million annually. To 
fight crime, the United States spends about $90 billion a year on the 
entire criminal justice system. Crime is especially devastating to our 
cities, which often have crime rates several times higher than suburbs.
  The Washington Post ran an October 8 article detailing the work of 
professors Mark Levitt and Mark Cohen in estimating the real cost of 
crime to society. According to the article, ``[i]nstead of merely 
toting up the haul in armed robberies or burglaries, Cohen tallied all 
of the costs associated with various kinds of crime, from loss of 
income sustained by a murder victim's family to the cost of counseling 
a rape victim to the diminished value of houses in high-burglary 
neighborhoods.'' These quality of life costs raise the cost of crime 
considerably. Cohen and Levitt calculated that one murder costs society 
on average $2.7 million. A robbery nets the robber an average of $2,900 
in actual cash, but it produces $14,900 in quality of life expenses. 
And while the actual monetary loss caused by an assault is $1,800, it 
produces $10,200 in quality of life expenses.


                              LEGISLATION

  Fighting crime must be one of our top priorities. Few would dispute 
this. In fact, according to an article in the July 19th Tucson Citizen, 
about 500 business, education, and government leaders in Tucson ranked 
crime as the No. 1 issue in a survey commissioned by the Greater Tucson 
Economic Council.
  The House has done its part. It has delivered on the Contract With 
America by passing a series of strong crime bills in February.
  The Senate has not acted with comparable vigor. Given the magnitude 
of the problem of crime in our society, I believe that it is important 
to consider a comprehensive crime package. My bill has solid reforms 
that should blunt the forecasted explosion in crime.
  I would like to take this opportunity to given an outline of the 
major provisions included in the Crime Prevention Act of 1995.


                        prison litigation reform

  Although numbers are not available for all of the States, 33 states 
have estimated that inmate civil rights suits cost them at least $54.5 
million annually. Thus, extrapolating this figure to all 50 states, the 
estimate cost for inmate civil rights suits is $81.3 million per year. 
Not all of these cases are frivolous, but according to the National 
Association of Attorneys General, more than 95 percent of inmate civil 
rights suits are dismissed without the inmate receiving anything.
  Title I of this bill will deter frivolous inmate lawsuits by:
  Removing the ability of prisoners to file free lawsuits, instead 
making them pay full filing fees and court costs.
  Requiring judges to dismiss frivolous cases before they bog down the 
court system.
  Prohibiting inmate lawsuits for mental and emotional distress.
  
[[Page S19114]]

  Retracting good-time credit earned by inmates if they file lawsuits 
deemed frivolous.
  These provisions are based on similar provisions that were enacted in 
Arizona. Arizona's recent reforms have already reduced state prisoner 
cases by 50 percent. Now is the time to reproduce these common sense 
reforms in Federal law. If we achieve a 50-percent reduction in bogus 
Federal prisoner claims, we will free up judicial resources for claims 
with merit by both prisoners and nonprisoners.


                            special masters

  This bill requires the Federal judiciary to pay for special masters 
in prison litigation cases. Currently, Federal court judges can, and 
do, force States to pay the costs for special masters. This is an 
unfunded judicial mandate. The special masters appointed in prison 
litigation cases have cost Arizona taxpayers more than $370,000 since 
1992. Arizona taxpayers have paid special masters up to $175 an hour. 
In one case, taxpayers funds were used to hire a chauffeur for a 
special master.


                  victim rights and domestic violence

  Women are the victims of more than 4.5 million violent crimes a year, 
including half a million rapes or other sexual assaults, according to 
the Department of Justice. The National Victims Center calculates that 
a woman is battered every 15 seconds.
  Last year's crime bill, which is now law, did much to help victims of 
domestic violence--making it easier for evidence of intrafamilial 
sexual abuse to be introduced, for example. It will now be much easier 
for prosecutors in Federal cases to introduce evidence that the accused 
committed a similar crime in the past. The crime act also provides 
Federal funding for battered women's shelters and training for law-
enforcement officers and prosecutors.

  But more needs to be done. A message must be sent to abusers that 
their behavior is not a family matter. Society should treat domestic 
violence as seriously as it does violence between strangers. My bill 
will strengthen the rights of domestic violence victims in Federal 
court and, hopefully, set a standard for the individual States to 
emulate.
  First, my bill authorizes the death penalty for cases in which a 
woman is murdered by her husband or boyfriend.
  My bill also provides that if a defendant presents negative character 
evidence concerning the victim, the Government's rebuttal can include 
negative character evidence concerning the defendant.
  We must establish a higher standard of professional conduct for 
lawyers. My legislation prohibits harassing or dilatory tactics, 
knowingly presenting false evidence or discrediting truthful evidence, 
willful ignorance of matters that could be learned from the client, and 
concealment of information necessary to prevent sexual abuse or other 
violent crimes.
  Violence in our society leaves law-abiding citizens feeling 
defenseless. It is time to level the playing field. Federal law 
currently gives the defense more chances than the prosecution to reject 
a potential juror. My bill protects the right of victims to an 
impartial jury by giving both sides the same number of peremptory 
challenges.


                                firearms

  Almost 30 percent of all violent crimes are committed through the use 
of a firearm, either to intimidate the victim into submission or to 
injure the victim, according to the Bureau of Justice Statistics. And 
70 percent of all murders committed were accomplished through the use 
of a firearm. To help stop this violence the bill increases the 
mandatory minimum sentences for criminals who use firearms in the 
commission of crimes. It imposes the following minimum penalties: 10 
years for using or carrying a firearm during the commission of a 
Federal crime of violence or drug trafficking crime; 20 years if the 
firearm is discharged; incarceration for life or punishment by death if 
death of a person results.


                         the exclusionary rule

  To ensure that relevant evidence is not kept from juries, the bill 
extends the good faith exception to the exclusionary rule to nonwarrant 
cases, where the court determines that the circumstances justified an 
objectively reasonable belief by officers that their conduct was 
lawful.


                           the death penalty

  The vast majority of the American public supports the option of the 
death penalty. An ABC News/Washington Post poll conducted in January 
1995 found that 74 percent of Americans favor the death penalty for 
persons convicted of murder. Similarly, a Market Opinion Research poll 
conducted in December 1994 found that nearly three-quarters of 
Americans support capital punishment.
  To deter crime and to make a clear statement that the most vicious, 
evil behavior will not be tolerated in our society, the bill 
strengthens the death penalty standards.
  Additionally, the bill adds murder of a witness as an aggravating 
factor that permits a jury to consider the death penalty; provides 
effective safeguards against delay in the execution of Federal capital 
sentences resulting from protracted collateral litigation, including 
time limits on filing and strict limitations on successive motions; and 
provides for capital punishment for murders committed in the District 
of Columbia.


                             habeas corpus

  To eliminate the abuse, delay, and repetitive litigation in the lower 
Federal courts, title VIII of this bill provides that the decision of 
State courts will not be subject to review in the lower Federal courts, 
so long as they are adequate and effective remedies in the State courts 
for testing the legality of a person's detention. This provision limits 
the needless duplicative review in the lower Federal courts, and helps 
put a stop to the endless appeals of convicted criminals. Judge Robert 
Bork has written a letter in support of this provision.


                             Computer Crime

  I am pleased to include, in this bill, my National Information 
Infrastructure Protection Act which will strengthen current public law 
on computer crime and protect the national information infrastructure. 
My fear is that our national infrastructure--the information that bonds 
all Americans--is not adequately protected. I offer this legislation as 
a protection to one of America's greatest commodities--information.
  Although there has never been an accurate nationwide reporting system 
for computer crime, specific reports suggest that computer crime is 
rising. For example, the Computer Emergency and Response Team [CERT] at 
Carnegie-Mellon University reports that computer intrusions have 
increased from 132 in 1989 to 2,341 last year. A June 14 Wall Street 
Journal article stated that a Rand Corp. study reported 1,172 hacking 
incidents occurred during the first 6 months of last year. A report 
commissioned last year by the Department of Defense and the CIA stated 
that ``[a]ttacks against information systems are becoming more 
aggressive, not only seeking access to confidential information, but 
also stealing and degrading service and destroying data.'' Clearly 
there is a need to reform the current criminal statutes covering 
computers.


                        Administrative Subpoena

  This bill allows high-ranking Secret Service agents to issue an 
administrative subpoena for information in cases in which a person's 
life is in danger. The Department of Agriculture, the Resolution Trust 
Corporation, and the Food and Drug Administration already have 
administrative subpoena power. The Secret Service should have it to 
protect the lives of American citizens.


                           Internet Gambling

  There is a new underworld of gambling evolving. Gambling on the 
Internet is on the rise. Many ``virtual'' casinos have emerged on this 
vast network that accept real money at the click of a mouse or the 
punch of a key. It is estimated that Internet gambling could, before 
too long, become a $50 billion business. That is why I have included a 
section which will make it illegal, if it is illegal to gamble in your 
State, to gamble on the Internet. Current statutes make it illegal only 
if you are in the business of gambling on the Internet. I have also 
included a provision that would require the Department of Justice to 
analyze all problems associated with enforcing the current gambling 
statute.


                               conclusion

  The Kyl crime bill is an important effort in the fight against crime. 
We can win this fight, if we have the conviction, and keep the pressure 
on Congress to pass tough crime-control measures. It is time to stop 
kowtowing to prisoners, apologists for criminals, and the 

[[Page S19115]]
defense lawyers, and pass a strong crime bill.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    The Crime Prevention Act of 1995


                   title i--prison litigation reform

 Section 101: Amendments to Civil Rights of Institutionalized Persons 
                                  Act

       Amends the Civil Rights of Institutionalized Persons Act to 
     require that administrative remedies be exhausted prior to 
     any prison conditions action being brought under any federal 
     law by an inmate in federal court.

               Section 102: Proceedings in forma pauperis

       Provides that whenever a federal, state, or local prisoner 
     seeks to commence an action or proceeding in federal court as 
     an indigent, the prisoner will be liable for the full amount 
     of a filing fee, and will initially be assessed a partial 
     filing fee of 20 percent of the larger of the average monthly 
     balance in, or the average monthly deposits to, his inmate 
     account. The fee may not exceed the full statutory fee, and 
     an inmate will not be barred from suing if he is actually 
     unable to pay. This section also imposes the same payment 
     system for court costs as it does for filing fees. This 
     provision, like the filing fee provision, will ensure that 
     inmates evaluate the merits of their claims.

                    Section 103: Judicial screening

       Requires judicial screening of a complaint in a civil 
     action in which a prisoner seeks redress from a governmental 
     entity or officer or employee of a governmental entity. The 
     court must dismiss a complaint if the complaint fails to 
     state a claim on which relief may be granted. Also, the court 
     must dismiss claims for monetary relief from a defendant who 
     is immune from such relief.

        Section 104: Federal tort claims and civil rights claims

       Prohibits lawsuits by inmates for mental or emotional 
     injury suffered while in custody unless the inmates can show 
     physical injury.

    Section 105: Payment of damage award in satisfaction of pending 
                           restitution orders

       Provides that restitution payments must be taken from any 
     award won by a prisoner.

      Section 106: Notice to crime victims of pending damage award

       Mandates that restitution payments must be taken from any 
     award won by the prisoner and requires victims to be notified 
     whenever a prisoner receives a monetary award from the state.

         Section 107: Earned release credit or good time credit

       Deters frivolous inmate lawsuits by revoking good-time 
     credits when a frivolous suit is filed. Specifically, in a 
     civil action brought by an adult convicted of a crime and 
     confined in a federal correctional facility, the court may 
     order the revocation of earned good-time credit if the court 
     finds that (1) the claim was filed for a malicious purpose, 
     (2) the claim was filed solely to harass the party against 
     which it was filed, or (3) the claimant testifies falsely or 
     otherwise knowingly presents false evidence or information to 
     the court.


                           title ii--prisons

                      Section 201: Special masters

       Requires the federal judiciary to pay for special masters 
     in prison litigation cases. Each party shall submit a list of 
     five recommended special masters and can strike three names 
     from the opposing party's list. The court shall select the 
     master from the remaining names. Each party shall have the 
     right to an interlocutory appeal, on the grounds that the 
     master is not impartial or will not give due deference to the 
     public safety. The court shall review the appointment of the 
     special master every six months to determine whether the 
     services of the special master are still required. Imposes 
     new requirements on special masters. The special master must 
     make findings on the record as a whole, is prohibited from 
     making findings or communications ex parte, and shall be 
     terminated upon the termination of relief.


                title iii--equal protection for victims

           Section 301: Right of the victim to impartial jury

       Protects the right of victims to an impartial jury by 
     equalizing the number of peremptory challenges afforded to 
     the defense and the prosecution in jury selection.

       Section 302: Rebuttal of attacks on the victim's character

       Provides that if a defendant presents negative character 
     evidence concerning the victim, the government's rebuttal can 
     include negative character evidence concerning the defendant.

        Section 303: Victim's right of allocution in sentencing

       Extends the right of victims to address the court 
     concerning the sentence to all criminal cases. Current law 
     provides such a right for victims only in violent crime and 
     sexual abuse cases, though the offender has the right to make 
     an allocutive statement in all cases.

     SECTION 304: RIGHT OF THE VICTIM TO FAIR TREATMENT IN LEGAL 
                   PROCEEDINGS

       Establishes higher standards of professional conduct for 
     lawyers in federal cases to protect victims and other 
     witnesses from abuse, and to promote the effective search for 
     truth. Specific measures include prohibition of harassing or 
     dilatory tactics, knowingly presenting false evidence or 
     discrediting truthful evidence, willful ignorance of matters 
     that could be learned from the client, and concealment of 
     information necessary to prevent violent or sexual abuse 
     crimes.

     SECTION 305: USE OF NOTICE CONCERNING RELEASE OF THE OFFENDER

       Repeals the provision that notices to state and local law 
     enforcement concerning the release of federal violent and 
     drug trafficking offenders can only be used for law 
     enforcement purposes. This removes an impediment to other 
     legitimate uses of such information, such as advising victims 
     or potential victims that the offender has returned to the 
     area.

     SECTION 306: BALANCE IN THE COMPOSITION OF RULES COMMITTEES

       Provides for equal representation of prosecutors with 
     defense lawyers on committees in the judiciary that make 
     recommendations concerning the rules affecting criminal 
     cases.


                      title iv--domestic violence

     SECTION 401: DEATH PENALTY FOR FATAL DOMESTIC VIOLENCE 
                   OFFENSES

       Authorizes capital punishment, under the federal interstate 
     domestic violence offenses, for cases in which the offender 
     murders the victim.

     SECTION 402: EVIDENCE OF DEFENDANT'S DISPOSITION TOWARD 
                   VICTIM IN DOMESTIC VIOLENCE

       Clarifies that evidence of a defendant's disposition toward 
     a particular individual--such as the violent disposition of a 
     domestic violence defendant toward the victim--is not subject 
     to exclusion as impermissible evidence of character.

     SECTION 403: BATTERED WOMEN'S SYNDROME EVIDENCE

       Clarifies that battered women's syndrome evidence is 
     admissible, under the federal expert testimony rule, to help 
     courts and juries understand the behavior of victims in 
     domestic violence cases and other cases.

     SECTION 404: HIV TESTING OF DEFENDANTS IN SEXUAL ASSAULT 
                   CASES

       Provides effective procedures for HIV testing of defendants 
     in sexual assault cases, with disclosure of test results to 
     the victim.


                           title v--firearms

     SECTION 501: MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING 
                   FIREARMS

       Imposes the following minimum penalties: 10 years for using 
     or carrying a firearm during the commission of a federal 
     crime of violence or drug trafficking crime; 20 years if the 
     firearm is discharged; incarceration for life or punishment 
     by death if death of a person results.

     SECTION 502: FIREARMS POSSESSION BY VIOLENT FELONS AND 
                   SERIOUS DRUG OFFENDERS

       Provides mandatory penalties (5 years and 10 years 
     respectively) for firearms possession by persons with one or 
     two convictions for violent felonies or serious drug crimes.

     SECTION 503: USE OF FIREARMS IN CONNECTION WITH 
                   COUNTERFEITING OR FORGERY

       Adds counterfeiting and forgery to offenses making 
     applicable mandatory penalties under 18 U.S.C. 924(c) when 
     firearms are used to facilitate their commission.

     SECTION 504: POSSESSION OF AN EXPLOSIVE DURING THE COMMISSION 
                   OF A FELONY

       Strengthens mandatory penalty provision for cases of 
     felonies involving explosives.

     SECTION 505: SECOND OFFENSE OF USING AN EXPLOSIVE TO COMMIT A 
                   FELONY

       Increases to 20 years the mandatory penalty for a second 
     conviction for using or possessing an explosive during the 
     commission of a felony.


                      TITLE VI--EXCLUSIONARY RULE

             Section 601: Admissibility of certain evidence

       Extends the ``good faith'' exception to the exclusionary 
     rule to non-warrant cases, where the court determines that 
     the circumstances justified an objectively reasonable belief 
     by officers that their conduct was lawful.


                   TITLE VII--FEDERAL DEALTH PENALTY

   Section 701: Strengthening of Federal death penalty standards and 
                               procedures

       Strengthens federal death penalty standards and procedures. 
     Requires defendant to give notice of mitigating factors that 
     will be relied on in capital sentencing hearing (just as the 
     government is now required to give notice of aggravating 
     factors), adds use of a firearm in committing a killing as an 
     aggravating factor that permits a jury to consider the death 
     penalty, directs the jury to impose a capital sentence if 
     aggravating factors outweight mitigating factors, and 
     authorizes uniform federal procedures for carrying out 
     federal capital sentences.

          Section 702: Murder of witness as aggravating factor

       Adds murder of a witness as an aggravating factor that 
     permits a jury to consider the death penalty.

   Section 703: Safeguards against delay in the execution of capital 
                       sentences in Federal cases

       Provides effective safeguards against delay in the 
     execution of federal capital sentences resulting from 
     protracted collateral litigation, including time limits on 
     filing and strict limitations on successive motions

     Section 704: Death penalty for murders committed with firearms

       Creates federal jurisdiction and authorizes capital 
     punishment for murders committed 

[[Page S19116]]
     with a firearm where the firearm has crossed state lines.

  Section 705: Death penalty for murders committed in the District of 
                                Columbia

       Provides for capital punishment for murders committed in 
     the District of Columbia.


                       TITLE VIII--HABEAS CORPUS

       Section 801: Stopping abuse of Federal collateral remedies

       Provides that an application for a writ of habeas corpus in 
     behalf of a person in custody pursuant to a judgment or order 
     of a state court shall not be entertained by a judge or a 
     court of the United States unless the remedies in the courts 
     of the state are inadequate or ineffective to test the 
     legality of the person's detention.


                         TITLE IX--IMMIGRATION

  Section 901: Additional expansion of definition of aggravated felony

       Aliens who commit aggravated felonies can be deported from 
     the country. The section adds to that definition crimes 
     involving the transportation of persons for the purposes of 
     prostitution; serious bribery, counterfeiting, or forgery 
     offenses; serious offenses involving trafficking in stolen 
     vehicles; offenses involving trafficking in counterfeit 
     immigration documents; obstruction of justice, perjury, and 
     bribery of a witness; and an offense relating to the failure 
     to appear to answer for a criminal offense for which a 
     sentence of two or more years my be imposed.

Section 902: Deportation procedures for certain criminal aliens who are 
                        not permanent residents

       Modifies the INA to make it clear that the existing 
     expedited deportation procedures which apply to non-resident 
     criminal aliens apply also to aliens admitted for permanent 
     residence on a conditional basis. The section also prohibits 
     the Attorney General from using discretionary power under the 
     INA to grant relief from deportation to any non-resident 
     alien who has been convicted of committing an aggravated 
     felony.

Section 903: Restricting the defense to exclusion based on seven years 
            permanent residence for certain criminal aliens

       Modifies that portion of the INA which determines who may 
     be denied entrance to the United States and who may be 
     deported from the country. Under present law, legal permanent 
     residents who have lived in the country for seven years may 
     leave temporarily and return but not be subject to many of 
     the INA provisions that determine who may legally enter the 
     United States. However, if these persons have been convicted 
     of an aggravated felony and served five years in prison, 
     the government may exclude them from the country 
     notwithstanding their seven years of residence. The change 
     made by this section strengthens this exception to allow 
     the government to exclude these persons if they were 
     sentenced to five or more years in prison for one or more 
     aggravated felonies. The change is being made so that the 
     government may begin deportation proceedings when the 
     criminal alien is incarcerated rather than having to wait 
     for five years to pass.

Section 904: Limitation on collateral attacks on underlying deportation 
                                 order

       This section applies to cases where an alien is charged 
     with attempting to re-enter the United States after having 
     been deported. The penalties for illegally re-entering the 
     United States after having been deported were enhanced by the 
     1994 Crime Act. This section makes it clear that an alien 
     charged with illegally re-entering may only challenge the 
     validity of the original deportation order when the alien can 
     show that he or she has exhausted all administrative 
     remedies, that the deportation order improperly deprived the 
     alien of the opportunity for judicial review, and that the 
     deportation order was fundamentally unfair.

           Section 905: Criminal alien identification system

       Modifies that part of the 1994 Crime Act which created a 
     ``Criminal Alien Tracking Center.'' The 1994 act failed to 
     state the purpose of the center. This section specifies that 
     the center is to be used to assist federal, state, and local 
     law enforcement agencies in identifying and locating aliens 
     who may be deportable because they have committed aggravated 
     felonies. The bill also changes the name of the center to 
     ``Criminal Alien Identification System'' in order to more 
     accurately reflect its function.

   Section 906: Wiretap authority for alien smuggling investigations

       Adds certain immigration-related offenses to the list of 
     crimes to which the Racketeer Influenced Corrupt 
     Organizations (``RICO'') law applies. The RICO statute is 
     among the principal tools that federal law enforcement 
     officials use to combat organized crime. The amendment made 
     by this section expands the definition of ``predicate acts'' 
     to enable them to use that statute to combat alien smuggling 
     organizations. The bill also gives federal law enforcement 
     officials the authority to utilize wiretaps to investigate 
     certain immigration-related crimes.

Section 907: Expansion of criteria for deportation for crimes of moral 
                               turpitude

       This section amends the INA to deport aliens who have been 
     in the country for less than five years (and legal permanent 
     resident aliens who have resided in the country for less than 
     ten years) and who are convicted of a felony crime involving 
     moral turpitude. Under current law, persons convicted of 
     crimes of moral turpitude can only be deported if they have 
     been sentenced to, or serve, at least one year in prison.

       Section 908: Study of prisoner transfer treaty with Mexico

       Requires the Secretary of State and the Attorney General to 
     submit a study to the Congress concerning the uses and 
     effectiveness of the prisoner transfer treaty with Mexico. 
     That treaty provides for the deportation of aliens who have 
     been convicted of a crime while they are in the United 
     States.

   Section 909: Justice Department assistance in bringing to justice 
      aliens who flee prosecution for crimes in the United States

       Requires the Attorney General, in cooperation with the INS 
     Commissioner and the Secretary of State, to establish an 
     office within the Justice Department to provide technical and 
     prosecutorial assistance to states and political subdivisions 
     in connection with their efforts to obtain extradition of 
     aliens who commit crimes in the United States and then flee 
     the country. This section also requires a report within one 
     year assessing the nature and extent of the problem of 
     bringing to justice aliens who flee prosecution in the United 
     States.

                 Section 910: Prison transfer treaties

       Advises the President that Congress desires him to 
     negotiate prison transfer treaties with other countries 
     within 90 days of the bill's enactment

               Section 911: Interior repatriation program

       Requires the Attorney General and the INS Commissioner to 
     develop programs under which aliens who illegally enter the 
     United States from Mexico or Canada on three or more 
     occasions would be deported at least 500 kilometers within 
     the country. The intent of this section is to make it more 
     difficult for aliens who have a history of illegal entry to 
     re-enter the country after they have been deported. The 
     program is to be implemented within 180 days of enactment of 
     the bill.

Section 912: Deportation of nonviolent offenders prior to completion of 
                        sentence of imprisonment

       Gives the Attorney General the discretion to deport certain 
     aliens held in federal prison before they complete their 
     sentences. Only those criminal aliens who have committed a 
     non-violent aggravated felony may be deported, and the 
     Attorney General must first determine that early deportation 
     is in the best interest of the United States. The Attorney 
     General may also deport non-violent criminal aliens held in 
     state prisons if the governor of the state submits a 
     written request to the Attorney General that aliens be 
     deported before they have served their sentence. In both 
     cases, should an alien illegally re-enter the United 
     States, the Attorney General is required to incarcerate 
     the alien for the remainder of the prison term.


                  title x--gangs, juveniles, and drugs

              Section 1001: Criminal street gang offenses

       Contains provisions, passed by the Senate in the 103rd 
     Congress Senate crime bill, which create new offenses and 
     authorize severe penalties for criminal street gangs 
     activities.

 Section 1002: Serious juvenile drug offenses as Armed Career Criminal 
                             Act predicates

       Contains a provision, passed by the Senate in the 103rd 
     Congress Senate crime bill, which adds serious juvenile drug 
     offenses as predicate offenses for purposes of the Armed 
     Career Criminal Act.

     Section 1003: Adult prosecution of serious juvenile offenders

       Permits adult prosecution down to the age of 13 of 
     junvenile offenders who commit serious violent felonies, and 
     creates a presumption in favor of adult prosecution for such 
     juvenile offenders who are 15 or older.

   Section 1004: Increased penalties for recidivists committing drug 
                        crimes involving minors

       Increases to three years the mandatory minimum penalties 
     for a second offense of distributing drugs to a minor or 
     using a minor in trafficking.

  Section 1005: Amendments concerning records of crimes committed by 
                               juveniles

       Incorporates the amendments of section 618 of the 103rd 
     Congress Senate-passed crime bill which broaden the retention 
     and availability of records for federally prosecuted juvenile 
     offenders.

                    Section 1006: Drive-by shootings

       Incorporates the broad drive-by shooting offense that was 
     passed by the House of Representatives in section 2335 of 
     H.R. 3371 of the 102nd Congress.

                     Section 1007: Steroids offense

       Incorporates the offense, passed by the Senate in section 
     1504 of the 103rd Congress Senate crime bill, which prohibits 
     coaches and trainers from attempting to get others to use 
     steroids.

            Section 1008: Drug testing of Federal offenders

       Adds hair analysis to the permissible forms of drug 
     testing.


                      title xi--public corruption

    Section 1101: Strengthening of Federal anti-corruption statutes 
                               generally

       Strengthens federal public corruption laws. Specific 
     improvements include more adequate coverage of election 
     fraud, more uniform jurisdiction over corruption offenses, 
     increased penalties for such offenses, and protection for 
     whistle blowers.

                   Section 1102: Interstate commerce

       Extends wire fraud statute, which is often used to 
     prosecute public corruption offenses, 

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     including strengthening of jurisdictional provision.

           Section 1103: Narcotics-related public corruption

       Adopts special provisions for drug-related public 
     corruption, including severe penalties.


                   title xii--administrative subponea

Section 1201: Administrative summons authority of United States Secret 
                                Service

       Allows high-ranking Secret Service agents to issue an 
     administrative subponea for information in cases in which the 
     President or other federal protectees are in danger. The 
     Department of Agriculture, the Resolution Trust Corporation, 
     and the Food and Drug Administration already have 
     administrative subponea power.


                      title xiii--computer crimes

     Section 1301: Protection of classified government information

       Penalizes individuals who deliberately break into a 
     computer, or attempt to do so, without authority and, 
     thereby, obtain and disseminate classified information.

 Section 1302: Protection of financial, government, and other computer 
                              information

       Makes interstate or foreign theft of information by 
     computer a crime. This provision is necessary in light of 
     United States v. Brown, 925 F.2d 1301, 1308 (10th Cir. 1991), 
     where the court held that purely intangible intellectual 
     property, such as computer programs, cannot constitute goods, 
     wares, merchandise, securities, or monies which have been 
     stolen, converted, or taken within the meaning of 18 U.S.C. 
     Sec. 2314.

        Section 1303: Protection of government computer systems

       Makes two changes to Sec. 1030(a)(3), which currently 
     prohibits intentionally accessing, without authorization, 
     computers used by, or for, any department or agency of the 
     United States and thereby ``adversely'' affecting ``the use 
     of the Government's operation of such computer.'' First, it 
     deletes the word ``adversely'' since this term suggest, 
     inappropriately, that trespassing in a government computer 
     may be benign. Second, the bill replaces the phrase ``the use 
     of the Government's operation of such computer'' with the 
     term ``that use.'' When a computer is used for the 
     government, the government is not necessarily the operator, 
     and the old phrase may lead to confusion. The bill makes a 
     similar change to the definition of ``protected computer'' in 
     Sec. 1030(e)(2)(A).

Section 1304: Increased penalties for significant unauthorized use of a 
                            computer system

       Amends 18 U.S.C. Sec. 1030(a)(4) to insure that felony 
     level sanctions apply when unauthorized use or use in excess 
     of authorization is significant.

        Section 1305: Protection from damage to computer systems

       Amends 18 U.S.C. Sec. 1030(a)(5) to further protect 
     computer systems covered by the statute from damage by anyone 
     who intentionally damages a computer, regardless of whether 
     they were authorized to access the computer.

Section 1306: Protection from threats directed against computer systems

       Adds a new section to 18 U.S.C. Sec. 1030(a) to provide 
     penalties for the interstate transmission of threats directed 
     against computers and computer networks. The new section 
     covers any interstate or international transmission of 
     threats against computers, computer networks, and their data 
     and programs, whether the threat is received by mail, 
     telephone, electronic mail, or through a computerized 
     messaging service.

 Section 1307: Increased penalties for recidivist and other sentencing 
                                changes

       Amends 18 U.S.C. 1030(c) to increase penalties for those 
     who have previously violated any subsection of Sec. 1030. 
     This section provides that anyone who is convicted twice of 
     committing a computer offense under Sec. 1030 would be 
     subject to enhanced penalties.

                      Section 1308: Civil actions

       Limits damage to economic damages, where the violation 
     caused a loss of $1,000 or more during any one-year period. 
     No limit on damages would be imposed for violations that 
     modified or impaired the medical examination, diagnosis or 
     treatment of a person; caused physical injury to any person; 
     or threatened the public health or safety.

                   Section 1309: Mandatory reporting

       The current reporting requirement under Sec. 1030(a)(5) is 
     eliminated. By ensuring that most high technology crimes can 
     be prosecuted, there is less need for reporting requirements. 
     Convictions will provide more information on computer crime. 
     To create a mandatory reporting requirement is unnecessary 
     because private sector groups, such as the Forum of Incident 
     Response and Security Teams (FIRST), are leading the effort 
     to monitor computer crimes statistically.

 Section 1310: Sentencing for fraud and related activity in connection 
                            with computers.

       Requires the United States Sentencing Commission to review 
     existing sentencing guidelines as they apply to sections 1030 
     (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6) of Title 18 of the 
     United States Code (The Computer Fraud and Abuse Act). The 
     Commission must also establish guidelines to ensure that 
     criminals convicted under these sections receive mandatory 
     minimum sentences for not less than 1 year. Currently, judges 
     are given great discretion in sentencing under the Computer 
     Fraud and Abuse Act. In many cases, the sentences don't match 
     the crimes; and criminals receive light sentences for serious 
     crimes. Mandatory minimum sentences will deter computer 
     ``hacking'' crimes, and protect the infrastructure of 
     computer systems.

   Section 1311: Asset forfeiture for fraud and related activity in 
                       connection with computers

       Amends 18 U.S.C. Sec. 1030(a)(2), (a)(3), and (a)(4) to 
     insure that individuals who commit crimes under the 
     aforementioned sections will forfeit the property used in 
     connection with those crimes. For example, computers and 
     ``hacking'' software used in crimes would be subject to 
     forfeiture.


                  title xiv--computer software piracy

                  Section 1401: Amendment of title 17

       Amends 17 U.S.C. Sec. 506(a) to extend criminal 
     infringement of copyright to include any person--not just 
     those who acted for purposes of commercial advantage or 
     private financial gain--who willfully infringes a copyright. 
     Corrects the problem highlighted by the United States v. 
     LaMacchia, 871 F. Supp. 535 (D. Mass. 1994), that a person 
     could pirate software maliciously, so long as they received 
     no financial gain.

                  Section 1402: Amendment of title 18

       Amends 18 U.S.C. 2319 to allow the court, in imposing a 
     sentence on a person convicted of software piracy, to order 
     that the person forfeit any property used or intended to be 
     used to commit or promote the commission of such offense.


                      title xv--internet gambling

                  Section 1501: Amendment of title 18

       Amends 18 U.S.C. Sec. 1084 to insure that individuals who 
     gamble or wager via wire or electronic communication are 
     penalized--not just those who are in the business of 
     gambling. Current statutes make it illegal only if you are in 
     the business of sports gambling on the INTERNET. This section 
     would make it illegal to gamble on ``virtual casinos'' as 
     well as electronic sports books.

                  Section 1502: Sentencing guidelines

       Requires the United States Sentencing Commission to review 
     the deterrent effect of existing sentencing guidelines as 
     they apply to sections 1084 of Title 18 and promulgate 
     guidelines to ensure that criminals convicted under section 
     1084 receive mandatory minimum sentences for not less than 
     one year.

                  Section 1503: Reporting requirements

       Requires the Attorney General to report to Congress on (1) 
     the problems associated with enforcing INTERNET gambling, (2) 
     recommendations for the best use of resources of the 
     Department of Justice to enforce section 1084 of Title 18, 
     (3) recommendations for the best use of the resources of FCC 
     to enforce section 1084 of title 18, and (4) an estimate on 
     the amount of gambling activity on the INTERNET. It is not 
     clear how effective law enforcement can police the INTERNET. 
     A report may answer that question.
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